If you need compensation from an accident in Elmsford, our experienced lawyers can help you prepare and bring a case against the negligent party.
When approaching a personal injury case, victims should start by learning the filing deadline. Most likely, it will be three years from the accident’s date, but it could be later, depending on when you discovered your injuries. Our attorneys will also explain the standard of proof and how it applies to your case. We can also consider the defendant’s possible use of a comparative fault defense and devise a plan to undermine it. Furthermore, we can tally up all of your damages from an accident in Elmsford so that you know exactly how much your claim is worth.
Call The Martello Law Firm, PLLC at (914) 685-6950 for a confidential and free case assessment from our Elmsford, NY personal injury lawyers.
What to Know About Elmsford, NY Personal Injury Lawsuits
There are many things to learn about when filing an injury lawsuit, namely the filing deadline for your case, the standard of proof you must meet, New York’s comparative fault rule, and your compensable damages. Our lawyers can explain these aspects of your case in detail to make you comfortable pursuing recovery in Elmsford.
The Filing Deadline
First, according to C.V.P. Law § 214(5), the general filing deadline for injury cases in New York is three years from the incident date. Based on how long it has been since the accident happened, you might have a substantially shorter time to bring your lawsuit than you anticipated.
As long as the accident happened within the past three years, we can help you bring a claim against a negligent party. Certain injuries are not discovered until days, weeks, or months after an incident, pushing back the deadline to sue for some victims. For example, if a negligent driver rear-ends your vehicle, it might be a while until you notice complications due to whiplash injuries. Should that happen, the accrual date would be the date of discovery.
While many victims want fast access to compensation following accidents, rushing into filing is inadvisable. When victims do this, they might lack sufficient evidence to leverage during settlement negotiations or to prove fault at a trial. Our lawyers can help victims efficiently build strong claims and file them within the provided window in Elmsford.
The Standard of Proof
Victims should also learn about the standard of proof and how it applies to their case. Generally, the standard applied to civil claims is a preponderance of the evidence. In Elmsford, it is a plaintiff’s burden to show that it is more than likely a defendant is liable for their injuries and damages.
But there is more to the puzzle. Victims must also establish four essential elements to prove fault. The first is that the defendant owed the victim a duty of care. Next, victims must prove a breach of duty occurred, or explain how the defendant was negligent. Then, our personal injury lawyers must prove causation. In other words, we need to show that the defendant’s breach of duty directly caused your specific injuries. Finally, we will show how the defendant’s actions have impacted your life and caused you financial and emotional damages in Elmsford.
We may use various pieces of evidence, such as eyewitness testimony, expert witness statements, photos, videos, and medical records, to meet the standard of proof.
The Comparative Fault Rule
Understanding New York’s comparative fault rule is crucial since defendants might try to use this rule as leverage against victims during settlement negotiations. Under C.V.P. Law § 1411, a victim’s own negligence can lower their recovery but will not bar it as long as the defendant is more negligent. With this threat looming over them, some victims might consider accepting lowball settlement offers from defendants in Elmsford, which is inadvisable.
Before filing your claim, our attorneys can assess the likelihood of the defendant using a comparative fault defense at trial. We can see if they have a valid argument or if they had the last clear chance to avoid the accident despite your negligence but failed to. We can then prepare your case accordingly to have an answer to a comparative fault defense if the defendant tries to use one during a trial.
The Compensable Damages
New York allows victims to recover considerable compensation for personal injuries due to negligence. Before filing your case, you should know all of your damages in full. Our attorneys can tally them for you, including damages you might not have previously considered, like child care or transportation costs.
On top of financial damages, victims may experience compensable pain and suffering due to personal injuries. Generally, New York does not limit compensation for non-financial damages, meaning victims may stand to get large awards if they go to court. That said, settling a claim can still result in fair, non-economic damages for victims but often requires staunch negotiations. Before entering settlement negotiations, we can prepare proof of your damages so that the defendant understands the full scope of your losses.
If you do not know your total damages before discussing a settlement, you might think an unfair offer is fair and accept it. If you later realize your damages are far greater, you might not be able to seek additional compensation from the defendant.
We can also assess the defendant’s level of negligence to see if you could get punitive damages from a jury. This is only possible in cases of gross negligence, so not all personal injury victims can get punitive damages in Elmsford. Furthermore, you can only get punitive damages from a jury, meaning they are only available when cases go to court.
Call Our Elmsford, NY Injury Attorneys Now
Call our personal injury lawyers at (914) 685-6950 to discuss your case for free with The Martello Law Firm, PLLC.
