People get into accidents all the time, especially in a busy place like Long Island. Your injuries may not be the result of clumsiness but rather of another party’s negligence. In that case, an attorney can help you get fair compensation from those responsible.
Personal injury lawsuits may be a legal option for those who have sustained bodily harm because of someone else. You may also bring other claims in your case, such as those for property damage or lost wages, but physical injuries are crucial. Accidents are common in these cases, including vehicle collisions, slip and falls, and accidents at work. Your damages, including those for medical bills, property damage, pain, and suffering, may be substantial.
Get a free, private case evaluation by calling our personal injury attorneys with The Martello Law Firm at (914) 685-6950.
How Do I Know if I Have a Personal Injury Claim?
Personal injury claims may cover a broad spectrum of accidents and injuries, and you should talk to an attorney to determine if you have a valid cause of action.
Bodily Injuries
A personal injury plaintiff must show the defendant has physically harmed them. If your case does not involve any physical harm to your body, you do not have a personal injury claim. However, you may file other claims related to the accident alongside your personal injury claims in a single case. Injuries do not have to be serious or extreme to warrant legal action, but you will have to prove the extent of your damages.
Accidents
Accidents are very common in personal injury cases. Generally, personal injury claims stem from unintentional harm, and defendants often claim that they did not mean to hurt anyone. While this may be true, they may still be held legally responsible for the harm they caused.
Common accidents in personal injury cases include, but are not limited to, vehicle accidents, medical negligence, workplace accidents, and accidents on someone else’s property.
Costs and Damages
Monetary costs or painful experiences are good indicators of a valid claim. However, your injuries and damages do not have to be extreme or severe for you to file a personal injury lawsuit. Even minor injuries may warrant legal action, but our personal injury attorneys must be able to prove them with articulable evidence.
What Damages Can I Claim in a Long Island Personal Injury Case?
Damages vary significantly from case to case. Your damages may be based on the financial cs of the accident and your injuries, in addition to less tangible, more subjective injuries.
Medical Costs
Your injuries likely require medical treatment, which can be expensive. Even minor injuries may lead to big hospital bills. These costs must be accounted for and added to your claim for damages.
Property Damage and Lost Income
Many accidents involve damage to personal property as well as your body. For example, after a car accident, you may claim the costs of repairing or replacing your damaged vehicle. You can also claim any income or wages you lose because your injuries prevent you from returning to work.
Pain, Suffering, and Distress
You may also claim damages related to injuries and losses that may not be proved by their cost alone. Non-economic damages may include bodily pain, emotional distress, psychological injuries, suffering, and various other painful personal experiences.
FAQs About Personal Injury Claims on Long Island
What is a Personal Injury Case?
A personal injury case is a lawsuit filed by someone who has been physically harmed because of someone else’s negligent behavior. Your injuries do not have to be severe for you to file a lawsuit, but you will have to prove the extent of your damages.
How Do Personal Injury Claims Arise?
Many personal injury cases stem from unintentional accidents. Vehicle collisions, workplace injuries, and even minor trips or slips on someone else’s property are common examples of how personal injury claims arise, although your specific case may differ.
What if the Defendant Did Not Mean to Cause My Personal Injuries?
Even if the defendant did not mean to cause you harm, you may still hold them responsible in a civil lawsuit. Acts of negligence are almost always unintentional, and defendants may not face criminal charges for what they did, but you may still sue for monetary compensation.
What Damages May I Claim in a Personal Injury Case?
Damages may vary based on your specific circumstance, but common examples include medical bills, lost wages from being unable to work, property damage, distress, pain, and suffering.
What Are My Personal Injury Damages Worth?
Your claim’s value may be hard to predict without reviewing the unique factors of your case. Generally, the more severe your injuries and losses, the more compensation your claim is likely to be worth. Medical bills alone may be worth thousands of dollars or more. The duration of your injuries will also be an important factor.
When Should I File a Personal Injury Case on Long Island?
The sooner you speak to an attorney, the better. In New York, personal injury claims must be filed no later than 3 years after the injuries first occurred. If you miss this window, you may be time-barred from filing your claims, and you might never get fair compensation.
How Long Will a Personal Injury Claim Take on Long Island?
Personal injury lawsuits may take time to complete. Many cases take several months to finish, while more complex cases can take a year or more. The time it takes to complete your case depends on the strength of your claims, the cooperation of the parties, and the court’s schedule.
How Do I Prove Personal Injury Claims?
Evidence is key to proving your claims. It may be almost anything as long as it supports your claims and adheres to the New York Rules of Evidence. We must be able to prove your claims by a “preponderance of the evidence,” meaning we must show it is more likely than not that the defendant is liable for your injuries.
How Can I Prove Pain and Suffering in a Personal Injury Case?
Proving pain and suffering can be tricky, as it is a subjective claim that is often unique to each plaintiff. It may be a good idea to keep a diary or otherwise document your painful experiences related to your injuries. You should also speak to a mental health professional if you claim psychological injuries, like depression or PTSD.
Do I Have to Take My Personal Injury Claims to Trial?
Not necessarily. While our attorneys are prepared to take your claims to court, you may have the option to settle outside of court. In that case, we can help you negotiate a private settlement with the defendant.
Seek Legal Help from Our Long Island Personal Injury Attorneys
Get a free, private case evaluation by calling our personal injury attorneys with The Martello Law Firm at (914) 685-6950.
