What Our Clients Are Saying*
Television and film often portray personal injury plaintiffs as money-hungry, dishonest people who want to make fast money off bogus court cases. This unfair portrayal could not be further from the truth. Plaintiffs are injured victims who deserve compensation from the negligent or dangerous defendants responsible for their injuries.
Pursuing a personal injury lawsuit is often a daunting prospect. Even so, a lawsuit might be the best way to get the compensation you not only need but deserve while holding irresponsible defendants accountable. Personal injury lawsuits are complex matters that most people cannot handle alone. A skilled lawyer is the best tool you can have in your arsenal.
Call our Mount Vernon, NY personal injury attorneys if you were injured because of someone else’s negligent or intentional actions. Our team can help you get the money you need to pay for your damages. Call The Martello Law Firm, PLLC at (914) 685-6950 for a free case review.
Should I File a Personal Injury Lawsuit in Mount Vernon, NY?
People often wonder whether they have a valid personal injury claim. A personal injury might consist of a bodily injury, property damage, mental suffering, or other harm of a personal nature. If you were injured by someone else’s actions or failure to act, you may be able to file a personal injury lawsuit and hold that person responsible. Our Mount Vernon, NY personal injury attorneys can help.
You should file a personal injury lawsuit if you experienced financial losses because of your injuries. For example, after a car accident, you might be seriously injured and in need of costly medical treatment. Those treatments should be claimed as damages in your lawsuit and paid for by the defendant. You can also claim damages that did not come with an explicit price, such as the mental suffering you experienced because of your injuries.
You should consider filing a personal lawsuit if you suffered injuries in an accident and are now having trouble returning to normal life. The costs associated with accidents and recovery are often very high, and the person who caused your injuries should be held liable.
Statute of Limitations for Injury Lawsuits in Mount Vernon, NY
According to CVP Law § 214, a personal injury lawsuit must be filed within 3 years of the date of the injuries. This law is referred to as a statute of limitations. If your injuries occurred over 3 years ago, you might be out of luck.
If your accident happened more than 3 years ago, our Mount Vernon, NY personal injury attorneys can help you determine if the statute of limitations can be “tolled.” Tolling a statute of limitations is sort of like hitting the pause button on the timer counting down your time to file your lawsuit. The statute can only be tolled under certain circumstances.
In cases involving injured minors, the statute of limitations is often tolled until the minor turns 18. At that point, the countdown resumes, and the minor has 3 years from the day they turn 18 to file a lawsuit.
Damages You Can Claim in a Personal Injury Lawsuit in Mount Vernon, NY
The primary purpose of filing a personal injury lawsuit is to recover damages. Damages are injuries or losses that a victim experienced because of someone else’s negligence. Some damages come with a definite financial value, like medical bills. Other damages are not financial but can still be compensated with payments.
Compensatory damages are designed to make plaintiffs whole again after an accident. While a court cannot make a plaintiff whole again in a literal sense, they can still compensate injuries with money. For example, if a person lost a leg in a car accident, the court cannot heal the lost limb. However, the victim can be financially compensated for their grievous loss.
Economic damages are those damages that come with a price attached. Various bills or other costs that stem from an accident or injury may be claimed as economic damages. Common economic damages include medical bills, the cost to replace damaged property, and lost income.
Non-economic damages have no financial cost but should still be compensated. These damages often include intangible losses or injuries, like your pain and suffering. Our Mount Vernon, NY personal injury lawyers can help evaluate your non-economic losses and calculate damages.
Punitive damages are separate from compensatory damages because they are meant to punish defendants rather than compensate victims. Punitive damages may be available in personal injury cases, but only under very limited circumstances. Mere negligence is not enough to justify punitive damages; the defendant must have acted with indifference to human life or safety.
Evidence Needed in a Personal Injury Lawsuit in Mount Vernon, NY
The evidence needed in a personal injury lawsuit will vary based on the nature of the case. Personal injury cases can involve numerous accidents and injuries. Car accidents, slip and fall injuries, construction accidents, and more are all considered personal injury cases. Our Mount Vernon, NY personal injury lawyers can assess your case and determine what kind of evidence you need to get compensation.
In negligence cases, you need evidence supporting your claims that the defendant behaved negligently. Proving negligence involves proving that the defendant owed you a legal duty of care and that they breached that duty. Such a duty can be shown through evidence of their relationship to you.
You must also show that the defendant’s breach of duty is the direct cause of your injuries. This often involves evidence ruling out other potential causes of injury the defendant might point to to excuse their own behavior.
You must also show that your injuries and damages are real. This means showing evidence of your damages, like bills, records, and witness testimony.
Intentional torts are different from negligence because they involve defendants who purposefully caused harm. Intentional torts are often the result of criminal actions. Contact our Mount Vernon personal injury lawyers to discuss filing a civil lawsuit for damages separate from any criminal charges your assailant faces.
Call Our Mount Vernon, NY Personal Injury Attorneys
Our Mount Vernon, NY personal injury lawyers can help you file a lawsuit and recover damages if you were injured because of someone else’s bad behavior. Call The Martello Law Firm, PLLC at (914) 685-6950 for a free case evaluation.