When a case goes to trial, the plaintiff must prove that the defendant is more than likely liable for their injuries and damages. We know what it takes to meet the standard of proof for a personal injury lawsuit, and can prove all four mandatory elements: duty of care, breach of duty, causation, and damages.
We can also file the lawsuit before the three-year filing window in New York closes. We can handle preparing the case, negotiating a settlement, and even proving fault if you ultimately go to court for economic and non-economic damages.
For a free case evaluation from our personal injury lawyers, call The Martello Law Firm now at (914) 685-6950.
What Must Personal Injury Lawyers Prove in Bensonhurst?
You must prove four specific elements to win a personal injury case, which our lawyers can accomplish using witness testimony, photos, incident reports, medical records, and other evidence.
Duty of Care
The first element we must prove is that a duty of care existed between the defendant and the plaintiff. The defendant had a responsibility to act with the plaintiff’s safety in mind because of the relationship at hand, such as that between a property owner and a visitor or two drivers on the road.
Breach of Duty
Second, we must prove that the defendant was negligent and breached their duty of care. This looks different from case to case, and some of the most common breaches of duty involve speeding, negligent property maintenance, drunk driving, tailgating, and overloading delivery trucks or other commercial vehicles.
Causation
Next, your lawyer must prove the causal link between the defendant’s duty breach and the plaintiff’s injury. We must show that you would not have sustained injuries if it were not for the defendant’s negligent conduct.
Damages
Finally, the plaintiff must show the damages they incurred as a result of the defendant. Let us handle organizing medical records, calculating lost wages, and getting proof of all other damages you suffer, whether economic or non-economic.
FAQs About Personal Injury Lawyers and Lawsuits in Bensonhurst
What Kinds of Cases Can a Personal Injury Lawyer Help With?
Our attorneys handle personal injury lawsuits arising from car, bus, construction, motorcycle, pedestrian, and slip and fall accidents throughout New York.
Is the Filing Deadline the Same for All Personal Injury Lawsuits in New York?
The filing deadline for personal injury lawsuits is generally three years, with exceptions. For example, if the plaintiff was injured as a minor, the statute of limitations does not begin to run until they turn 18.
Does New York Limit Damages in Personal Injury Lawsuits?
New York currently has no statutory caps on compensatory damages in personal injury lawsuits. Compensatory damages are those that aim to make the victim “whole again” and repay them for economic and non-economic losses they have incurred.
How Do You File a Personal Injury Lawsuit in Bensonhurst?
Our lawyers can file your personal injury lawsuit by writing and filing a complaint with the court. The complaint names the plaintiff and the defendant, states the general facts of the case, and demands compensation for the plaintiff’s losses.
How Much Compensation Should I Seek for a Personal Injury?
You should seek full compensation after a personal injury, and our attorneys can include all damages in our calculations, not just the largest or most obvious expenses.
Can My Personal Injury Lawyer Get Photographic Evidence?
We can get additional photographic evidence by contacting the police, eyewitnesses, and owners of any local security camera systems.
What Happens During a Personal Injury Trial?
During a personal injury trial, we will present our evidence and facts to the jury, call on eyewitnesses and experts to testify, and explain why the defendant is liable. The opposing side also gets to present evidence, which our lawyers can question and undermine.
Will My Personal Injury Lawyer Make Me Testify?
We may encourage you to testify if your lawsuit goes to trial. You are an eyewitness, so your testimony helps prove the defendant’s liability.
How Long Do Personal Injury Lawsuits Take to Resolve?
Personal injury lawsuits can take anywhere from weeks to years to resolve, depending on how settlement negotiations progress, the amount of evidence our lawyers need to process, and whether a lawsuit goes all the way to a jury trial.
Is Compensation Guaranteed in a Personal Injury Lawsuit?
Compensation is not guaranteed in a personal injury lawsuit. Even if the defendant’s liability is obvious to you, you must prove they are more than likely liable to get a jury award. You also need strong evidence to compel a good enough out-of-court settlement.
What Are the Chances My Personal Injury Case Settles?
Most personal injury lawsuits settle, as the lower standard of proof in civil cases often favors plaintiffs. You do not have to settle a lawsuit and may go to trial for a public verdict and award.
Can I Change My Mind About Accepting a Personal Injury Settlement?
If you have already signed a personal injury settlement, you cannot change your mind. However, if you have only informally accepted the agreement but have not officially signed it, you can change your mind.
Can I Get More Compensation by Taking a Personal Injury Case to Court?
You may get more compensation by taking a personal injury case to court and proving fault at trial, as the jury may award more damages than the defendant ever would have agreed to pay in an out-of-court settlement agreement. Still, this varies on a case-by-case basis.
When Should I Initiate My Personal Injury Case?
You should not wait to initiate your personal injury case, as that risks losing evidence and missing the statute of limitations.
Call Our Injury Attorneys for Help in Bensonhurst
For a free case review from our personal injury lawyers, call The Martello Law Firm at (914) 685-6950 today.
