When another person acts in a careless, reckless, or negligent manner and you suffer injuries because of it, New York State laws allow you to hold them responsible by filing a personal injury insurance claim or lawsuit. Most of these cases settle out of court, but we occasionally need to file a civil suit to recover the compensation our clients deserve.
A personal injury lawyer in Bayport, Long Island can help you recover the full value of your accident-related damages, including medical expenses, lost wages, pain and suffering, and more. Call the attorneys at Gacovino, Lake & Associates, P.C at 631-600-0000 for a free case evaluation.
How Does Negligence Lead to Injuries?
All personal injury claims come down to negligence. By definition, a personal injury occurs when one party acts negligently or maliciously, and their behavior leads to an accident. Some of the most common personal injury accidents we handle include:
- Slip and falls, and other types of falls
- Car accidents with serious injuries
- Construction site accidents
- Defective products
- Dog bites
- Diving and swimming accidents
- Other premises liability injuries
- Assaults and other crimes
It is important to note that not all car accidents in New York State proceed like a typical personal injury claim. The state has complex auto insurance laws that require drivers to first turn to a no-fault personal injury protection policy to cover their car accident losses. You cannot hold a negligent driver liable unless you suffer a serious, debilitating, or permanent injury that meets the state’s serious injury threshold. However, if you meet this threshold, we can help you pursue a personal injury claim against the at-fault motorist.
How Can We Prove Liability for My Personal Injury Damages?
Proving liability for your personal injury accident requires providing evidence to show the at-fault party acted negligently and caused your injuries. This requires showing:
- They had a duty to behave in a certain way to protect others from unreasonable risks
- They failed to uphold this duty and put others at risk of injury
- This failure lead to your accident and injuries
- You suffered physical and emotional injuries as well as financial losses
We collect all the evidence necessary to build a strong case and fight for the full value of your claim. However, the insurance often pushes back and tries to reduce the amount they have to pay by claiming you caused or contributed to your injuries. If it can show you contributed to your accident, New York’s contributory negligence laws will reduce the amount of compensation available to you. For this reason, it is paramount that we mitigate any possible evidence pointing to your role in your injuries.
As an example, imagine you tripped over an object on the walkway at a local shop. The insurance company points to your flip-flops as a possible cause of your fall. The court holds you ten percent at fault for your fall. This means you can only collect up to 90 percent of the full value of your damages.
How Can We Win My Personal Injury Case?
Winning a personal injury claim is not easy, but we will work diligently on your case and pursue the best outcome we can. We work aggressively to collect all possible evidence in your case, both to prove the liable party’s negligence and to demonstrate your accident-related damages.
We identify and interview eyewitnesses, work with experts and specialists who can serve as witnesses, and reconstruct accidents to prove your case. We may be able to collect evidence you would not have access to without a lawyer on your side. This includes things like surveillance videos and internal memos or incident reports about your accident.
Some of the most common evidence we use to build a strong case and win compensation for our clients includes:
- Police reports
- Eyewitness testimony
- Incident reports
- Medical records
- Expert testimony
- Pictures or video from the scene
- Medical bills
- Bills and receipts from other related expenses
Are There Time Limits on How Long I Have to File a Personal Injury Case?
New York State law sets a three-year time-limit for personal injury accident victims to pursue litigation and collect compensation based on their damages. While there are a few exceptions, it pays to act quickly. In fact, in some situations, the deadline is significantly sooner. If your injuries occurred on municipal land, for example, you only have 90 days to notify the appropriate government agency.
It is important to note that these time limits do not apply to insurance claims; they only apply to civil lawsuits. While we can usually settle this type of case out of court, we need to retain the ability to file a lawsuit if it becomes necessary. Often, the threat of a lawsuit provides the incentive an insurance company needs to offer a fair settlement. Without this motivation, it is almost impossible to reach a fair settlement. For this reason, we need to settle the claim before the statute of limitations expires.
How Can I Discuss My Case with a Personal Injury Lawyer in Bayport, Long Island?
The personal injury lawyers at Gacovino, Lake & Associates can help you identify the party who caused your injuries and hold them accountable for their actions. Call our office at 631-600-0000 today to schedule your complimentary case evaluation.