When you get hurt in an accident that someone else caused, they are often personally on the hook for your damages. This could mean you have a case against them directly, through their insurance, or even against their employer if the accident happened while they were working.
For help filing an injury case and getting the damages you deserve, you should always work with a lawyer. Our attorneys can investigate your case, deal with the insurance companies, and even take the case to trial when needed.
For a free case evaluation, call The Martello Law Firm’s personal injury attorneys at (914) 685-6950.
What Does a Personal Injury Lawyer Do?
Our attorneys handle your case from start to finish by helping with the following tasks:
- Assessing your case to determine damages and liability
- Finding evidence and court precedents to help you prove your claim
- Negotiating with the defendant(s) and their insurance company to secure a fair settlement
- Assessing any settlement offers for fairness
- Calculating damages independently to see what your claim should be worth
- Building a strong case and filing it in court
- Handling any legal motions or issues before a judge
- Representing you in settlement negotiations and mediation
- Talking to the insurance company for you
- Arguing your case in open court.
We have decades of experience we can put to work for you, and we have handled thousands of cases with positive results. Every case is unique, though, so bring yours to us today to see how we can help you.
What Constitutes Negligence in an Injury Case in Brooklyn?
Most injury cases are based on “negligence.” This is a civil claim that holds defendants responsible when the facts show these four elements:
- They owed you a legal duty.
- They breached or violated that duty.
- That breach caused your accident.
- The accident left you with injuries and economic damages.
If the defendant’s mistakes, carelessness, or inattention caused your injuries, then we can hold them responsible for the economic and non-economic damages you face.
Economic vs. Non-Economic Damages
Injury claims deal with a wide array of damages.
Economic Damages
Some damages are “economic” in that you were caused to pay out money or miss out on income because of the injuries. This covers
- Medical expenses
- Rehabilitation costs
- Surgery costs
- Medication
- Crutches/walkers/wheelchairs
- Lost income
- Future lost earning capacity
You typically prove these values by presenting the bills and receipts, plus pay stubs and other economic records. Projecting future damages often requires expert analysis from economists, or at least consulting generally accepted actuarial tables.
Non-Economic Damages
Other harms have no monetary value and affect you at a mental and emotional level. These non-economic damages are often described as “pain and suffering” or “emotional distress.”
Calculating these damages is a bit different, as there is no literal value to them. Instead, we approximate what they are worth with some generally accepted calculation methods using multipliers or per-day costs. We then adjust them up or down to fit the overall severity of your case.
In New York, non-economic damages are limited in car accident cases unless you have “serious injuries” (broken bones, permanent injuries, etc.), so always work with a lawyer when claiming these damages.
FAQs for Personal Injury Claims in Brooklyn
How Long Do I Have to File a Claim?
New York law typically gives victims 3 years from the date of the accident to get their lawsuits filed under our statute of limitations for personal injury claims.
How Do I Know if I Have a Claim?
Our attorneys can review the facts of your case and help you understand whether you have a claim or not. Typically, a case requires a defendant who breached a legal duty, thus causing your injuries.
Who Do I Sue?
Identifying the right party or parties to sue can be challenging in some cases. We can look into who owns a property, what their lease says about shared responsibilities, whether the defendant was working within the scope of their duties at the time of the accident, and other factors that might determine who you should sue.
Can You Hold Employers Liable?
Many accidents happen because a worker made a mistake on the job. This can be anything from a slip and fall because a store clerk didn’t shovel the sidewalk to a crash with a delivery truck because the driver was speeding. In many cases, accidents that workers cause can be held against the employer.
Can You Sue for Injuries at Work?
If you were hurt while working at your job, your ability to sue your own employer might be limited because of Workers’ Compensation rules. However, special rules do still allow lawsuits for many on-the-job accidents, and you can typically sue any responsible third parties (e.g., drivers, equipment manufacturers, outside vendors, customers, etc.).
Can I File an Insurance Claim?
Many homeowners and renters have insurance to cover accidents on their property. Businesses also have insurance to cover injuries on their property or from their operations. Drivers also have to carry insurance.
This means that many accidents are covered, allowing claims – but you should not accept a payout until you speak with a personal injury attorney.
Should I Accept a Settlement?
Never accept a settlement before your lawyer reviews it. If you accept any money at all, it could function as a settlement and block you from claiming more money later.
Make sure you understand your rights and how much your case should be worth before you take any money or sign anything from the defendant or their representatives.
Do I Need a Lawyer?
You technically can represent yourself, but doing so is difficult. Especially if you are dealing with a serious injury and disability, you should focus on healing and have a lawyer handle the case for you. Our decades of experience can be put to work for you.
Call Our Brooklyn Personal Injury Attorneys for Help Today
Contact The Martello Law Firm’s personal injury lawyers at (914) 685-6950 for a free case review.
