After confirming that you can file a personal injury lawsuit in Jefferson Valley, we can immediately investigate. Investigations let us identify witnesses who can testify and other crucial evidence, so it benefits victims to start the process right away.
We can also monitor your damages from the get-go so you know your lawsuit’s value before filing. That includes damages incurred to date, as well as future medical expenses, lost wages, or pain and suffering. Although many cases settle, some go to court. Trials enable some victims to claim greater damages, especially if settlement negotiations stall. Better evidence lets us get bigger out-of-court offers, possibly letting you avoid court altogether.
Call our personal injury lawyers at (914) 685-6950 for a free case analysis from The Martello Law Firm.
Can I File a Personal Injury Lawsuit in Jefferson Valley?
If someone else’s negligent or reckless conduct injured you, you may sue them for damages. We can determine liability for construction accidents, slip and falls, car crashes, and other common accidents in Jefferson Valley.
On top of knowing whether or not you have a claim, you must know the deadline for filing that claim. C.V.P. Law § 214(5) gives victims three years to file most injury claims. The clock generally starts on the date of injury, though there are some exceptions to this.
Whether or not you can sue after a motor vehicle accident largely depends on your injuries. According to I.S.C. Law § 5102(d), “serious” injuries in New York include fractures, miscarriages, limb loss, significant disfigurement, and fatal injuries, among others.
Injury lawsuit defendants may include negligent drivers, property owners, and product manufacturers, among others. The at-fault party’s employer might also be liable, like after a crash with a commercial truck driver. Have our lawyers review your cause of injury to see if you have a case, and let us start preparing it immediately.
How Do I Get Witness Statements for My Personal Injury Claim?
Witness statements are strong evidence in personal injury claims, which is why we prioritize interviewing witnesses after accidents.
As time passes, eyewitnesses might forget important details. We must record their statements as soon as possible so they are the most accurate. If your case goes to trial, eyewitnesses may testify. Their testimony, along with other evidence, like photos and videos, may convince jurors the defendant is liable.
You are a witness, too. Not only can you testify about the defendant’s negligence, but you can also testify about your “non-economic” damages. Emotional distress, mental suffering, and physical pain are common recoverable non-economic damages.
Our personal injury lawyers will prepare you to testify and for depositions before that. Depositions happen during the discovery phase of lawsuits, where both sides exchange and seek evidence. The defendant’s attorney can ask broad questions and might try to get you to misspeak during a deposition, which we can prevent with good preparation. This also helps ensure statements made in depositions and in-court testimony are consistent.
Where Should I Go for Medical Treatment After a Personal Injury in Yorktown?
After an accident, get whatever medical treatment is appropriate for your injuries. If you have an obvious compound fracture, paramedics may take you straight to the emergency room. If you notice a soft tissue injury days later, you may go to an urgent care facility first for confirmation.
Your primary care physician may not have the equipment or resources necessary to treat or diagnose your injuries. Avoid going there for initial care, though you can follow up with your normal doctor later.
If you are in any pain after an accident, get medical attention. Going to the hospital starts a medical record of your injuries. You continue building medical records with additional care, so take all prescribed medications, get all necessary surgeries, and follow your doctor’s advice.
In addition to getting medical records to use as evidence, we will organize medical bills to prove damages.
What is My Jefferson Valley Personal Injury Lawsuit Worth?
You should know your claim’s worth before you file it in Yorktown. That prepares you for settlement negotiations and lets us identify lowball offers.
We make compensation requests when we file lawsuits. Those requests are based on your current and future damages. While you may have already incurred expensive hospital bills, you may have years of physical therapy in the future. We will seek payment for upcoming damages of all kinds, including future lost wages.
If doctors tell you not to return to work, listen to their advice. Prematurely returning to work might exacerbate your injuries and hurt your claim for lost wages.
We will factor non-economic damages into your lawsuit’s total value, too. Non-economic damages may also be long-lasting, especially if victims suffer disfiguring burns or other permanent injuries.
Is Settling Injury Claims More Common Than Going to Trial?
Injury lawsuits often settle without trials. You may never have to go to court for your case if we settle. Although settling appeals to many plaintiffs, it sometimes requires too many concessions. In those instances, trials may allow for greater recoveries.
Settlement of injury claims is common because plaintiffs and defendants often want to avoid trials for their own reasons. New York juries may give sizeable awards at trials since the state lacks compensation caps, a common reason why defendants prefer to settle rather than take their chances in court.
Though trials are less common, they often favor plaintiffs. While the “burden of proof” is on us, it only requires us to prove the defendant more than likely injured you. Witness statements, police reports, photographs, video footage, medical records, and other evidence let us meet the burden, prove fault, and recover damages for plaintiffs.
We help victims make important decisions throughout their lawsuits, including whether to settle or court.
Call Us in Jefferson Valley to Discuss a Personal Injury Lawsuit
Call the personal injury lawyers of The Martello Law Firm at (914) 685-6950 for help with your case today.
