Personal injury lawsuits allow plaintiffs to recover financial compensation for injuries that were incurred as the result of other parties’ negligence. There are several types of damages that may be compensated through such cases. For example, victims may be awarded payment for their medical bills, lost income, property damage, physical pain, and emotional suffering.
However, the route to payment can be complicated. Defendants in personal injury lawsuits are often represented by insurance companies who have a great deal of resources at their disposal. For instance, defendants’ insurers often hire expensive legal teams, medical experts, and private investigators to try and dispute plaintiffs’ claims. Accordingly, support from legal representation can be very valuable to victims when fighting for adequate compensation.
Seek help from our experienced personal injury lawyers by calling The Martello Law Firm at (914) 598-8913 to review your potential case for free.
What Are Personal Injury Claims in Cortlandt, NY?
You might understand that someone has wronged or harmed you in some way, and you want to take legal action to get fair compensation for your damages. However, it is normal for potential plaintiffs not to know exactly what kind of claim they have or what kind of attorney they should turn to for help.
Personal injury law tends to be incredibly broad, encompassing a vast array of injuries, accidents, and claims. As such, there is a good chance that your case may be a personal injury claim, and you should get in touch with an attorney who practices personal injury law.
Generally, personal injury claims involve some kind of bodily injury. The injury does not need to be severe or life-altering to warrant legal action. Many people pursue personal injury claims for injuries that fully recover by the time they get to court.
When you file a personal injury claim, our personal injury attorneys may ask about other losses or damages you experienced. For example, you might have been physically injured in a car accident and lost your vehicle. You can claim various other damages alongside your personal injury, such as the costs of damaged property or psychological trauma.
Personal Injury Cases Our Cortlandt, NY Attorneys Have Experience With
As said before, the field of personal injury law is a broad one, and all kinds of cases and claims fall in this legal category. Below are some of the personal injury cases our office has handled. If you are unsure what kind of claim you have, contact our team for help understanding your case.
A common cause of personal injuries and subsequent legal actions is construction accidents. Construction sites are known to be dangerous, and safety protocols are heavily regulated and enforced, or at least they should be. If you were injured while working on a construction site or even just passing by one, you may sue the person or people responsible.
For example, you might have been working on a construction site when you were injured by unsafe conditions on the premises that you should have been informed of before commencing work. In such a case, you might sue the property owner, general contractor, or subcontractor in charge.
You might also be injured as a passerby. Suppose you were walking down a busy street in downtown Peekskill and passed a construction site. Next, suppose you were hurt by falling debris. The people working on the construction site have a duty to keep dangerous activities from spilling into the street, and you can sue for your injuries.
Accidents on the road are arguably one of the most common personal injury claims. With so many people on the road every day, it is no wonder that there are a lot of accidents and injuries. Accidents might happen due to any number of mistakes and mishaps on the road. Common traffic violations like speeding, running red lights, or tailgating are common.
The Cortlandt area is crisscrossed with numerous roads, highways, city streets, and backroads where accidents can happen. You could be T-boned by another car in an intersection in Peekskill or sideswiped by a negligent driver on a rural highway like Watch Hill Road or Furnace Dock Road.
Injuries on some of the more isolated backroads in the area can be particularly worrying because accident victims are farther away from help. Even if you call the authorities and report the accident immediately, it might be some time before they get there, and your condition might quickly deteriorate if you have to wait too long. An attorney can help you get the fair compensation you deserve for your injuries.
When personal injuries are severe, they might be fatal. If you lose a family member after an accident, their claims for damages may live on. You can file a wrongful death claim to get compensation for the damages your loved one could have claimed for themselves if they survived. For example, if your family member passed away after a car accident, you can sue for the pain, suffering, medical bills, and property damages they experienced.
You can also sue for your family’s losses. Perhaps you relied on your loved one’s income for support. Maybe they helped with caregiving services because you are sick or provided child care while you went to work. These services are valuable and should be claimed in your case.
When you are hurt because of hazardous conditions on someone else’s property, you might have a premises liability claim, which is a specific type of personal injury claim. A very common example of this kind of claim is a slip and fall accident. For example, you might have been shopping in Cortlandt Manor when you slipped and fell in the store because someone spilled something. The store has an obligation to make the property safe for customers, and they may be liable for your injuries because they failed to clean the spill or warn customers of the danger (e.g., place a wet floor sign).
What if You Share Some of the Blame for Your Personal Injury in Cortlandt, NY?
There are situations where potential plaintiffs can share fault for their personal injuries. For example, someone may share fault for their motor vehicle collision if they were speeding when they were hit by a driver who ran a red light. Further, someone may share fault for their slip and fall accident if they were wearing shoes with worn tread when they slipped.
If you share the blame for your accident, then our personal injury lawyers can still recover payment for your injuries. However, the court may limit the amount of compensation you are awarded.
Courts in New York adhere to the rules of “pure comparative fault” when apportioning damages in personal injury cases. In other words, payment is awarded based on each party’s percentage of blame. As an example, if you are 30% accountable for your harmful accident while the defendant is 70% at fault, then they will have to pay for 70% of the damages you sustained while you must account for the remaining 30%.
In some other states, victims are restricted from pursuing payment if they are considered to be over 50% liable for their accidents. However, no such rule exists in New York. You may still recover compensation for your personal injury regardless of your degree of fault.
Proving Fault for a Personal Injury in Cortlandt, NY
In order to recover monetary damages in a personal injury lawsuit, you must present evidence that proves the defendant is at fault for your injury. There are many different forms of evidence that may be used to establish fault. For instance, any of the following may be utilized to support your claim:
Witness statements are accounts provided by individuals who observed the accident or its aftermath. Examples of potential witnesses include passengers, pedestrians, workers, and motorists who were present at accident scenes. These parties can offer valuable testimony that establishes how or why your accident happened.
Accordingly, you should always attempt to recover contact information from potential witnesses to your accident. Afterward, the team at our law firm will help reach out for their potential cooperation.
Physical Evidence from the Scene of an Accident
Physical evidence refers to tangible items or objects found at the accident scene that can help reconstruct the events leading up to the incident. For example, this evidence can include tire marks, debris, and clothes worn by victims. Physical evidence can corroborate or challenge the accounts provided by witnesses and may offer critical insights into the sequence of events leading up to an accident.
Photos from the Scene of an Accident
Photos taken at the scene of an accident can also be helpful when establishing fault. For example, photos of a slippery spot on the floor may be used to identify factors that contributed to a slip and fall. Further, photos of faulty equipment may prove that a construction accident happened because a worker was handling a defective product.
Additionally, photos from accident scenes can help disprove defendants’ alternative theories of blame. For instance, a defendant may assert that their motorcycle accident is related to poor weather conditions. In that case, photos from the crash scene depicting clear weather could be presented to discredit the defendant’s assertion.
In some cases, surveillance cameras in the vicinity of accident scenes may offer valuable recordings. Such footage can be compelling evidence as it explains the events that unfold before, during, and after harmful accidents. For example, if a security camera outside a store captured the collision and shows that the defendant’s vehicle clearly ran a stop sign, it can be crucial evidence in establishing fault.
Expert Witness Statements
Expert witness statements come from professionals with specialized knowledge or expertise relevant to the case. These experts can be accident reconstruction specialists, medical professionals, engineers, or any other relevant field experts. Their testimony can help the court understand complex technical aspects of the case, such as the mechanics of the accident or the extent of the plaintiff’s injuries. For instance, an accident reconstruction expert may use skid mark measurements and vehicle data to demonstrate that the defendant was driving at an excessive speed, leading to the collision. Expert witness statements can provide authoritative insights that support claims of fault.
Accident reports are official documents prepared by law enforcement officers or other authorized personnel shortly after accidents occur. An accident report typically contains crucial details about the incident at issue, including its date, time, and location. Furthermore, an accident report may provide witness statements, a description of the accident scene, and information pertaining to any citations or charges issued.
Accident reports may be valuable to plaintiffs in personal injury cases because they provide an unbiased and objective account of the accident, which can be used to determine fault.
Recoverable Damages in Your Cortlandt, NY Personal Injury Case
Your damages in a personal injury case should reflect your physical injuries, financial losses, and emotional trauma. How your damages are assessed depends on the nature of your injuries and the toll they took on your life and finances. Our legal team is here to help you accurately calculate damages so you can maximize compensation and get justice.
Damages are often based on the money you lost or spent. Medical bills and the costs to replace damaged property can be astronomical. These damages alone often account for a large sum of money. If your injuries prevent you from returning to work, you can also claim lost income. The longer you cannot work, the greater these damages should be.
The impact of your injuries not just on your body and wallet but on your mind must also be accounted for. If your accident was sudden and traumatic, or your injuries are painful and debilitating, you should claim damages for your pain and suffering. Since these damages are unrelated to money or costs, their value may be subjective. Juries ultimately determine how much compensation to award, and we must make sure we present strong evidence of how your injuries affected you on an emotional and psychological level.
Call Our Personal Injury Lawyers for Help with Your Case in Cortlandt, NY
If you were hurt because of another party’s negligent conduct, get support from our experienced personal injury lawyers at The Martello Law Firm by dialing (914) 598-8913 to review your claim for free.