In a personal injury case, victims have the burden of producing evidence that the defendant was responsible for their injuries. From evidence collection to presenting the case at trial, if needed, our lawyers can help you with every step of your case.
Never trust the insurance companies to have your best interests in mind, and never trust the defendant to properly value your case. Our lawyers can stand up to individuals and businesses alike to get you the damages you need.
For a free case evaluation, call The Martello Law Firm’s personal injury attorneys at (914) 685-6950 today.
What Constitutes a Personal Injury Case?
Personal injury claims can be filed for all sorts of accidental and intentional injuries.
Types of Claims
Most claims start out as insurance claims filed against the at-fault party’s insurance policy. This is only possible in situations where the defendant actually has insurance, such as homeowners insurance or business insurance. Car accidents are a bit different because you usually have to file with your own no-fault insurance first, but you may still have a separate claim against the other driver.
If an insurance claim is unsuccessful or we cannot negotiate a settlement, we can file a lawsuit and take the case to court instead. There, the judge and jury decide your case instead of insurance adjusters.
Elements
Negligence cases have four elements you have to prove to win:
- The defendant owed you a legal duty.
- The defendant breached that duty.
- The breach caused your injuries.
- You actually suffered injuries and monetary damages.
This usually means suing for something they did wrong, like speeding, failing to clear snow from their sidewalk, or producing a defective product.
Types of Cases
These kinds of accidental injury claims often come up in the following common cases:
- Car accidents
- Slip and falls
- Other property injuries
- Defective product injuries
- Workplace accidents
- Wrongful death.
Calculating Damages in an Injury Case
Knowing how much your case is actually worth is important. Insurance companies and defendants will typically offer to cut you a check to try to end the case quickly, but if you accept it, it might be far lower than your actual damages.
Always work with our personal injury lawyers to make sure you are getting a settlement that is actually worth it instead of trusting the insurance companies.
Calculating Economic Damages
Economic damages cover things like medical bills, lost wages, and other expenses the accident caused you. These can be calculated by looking at bills and financial records showing the costs.
We can also project future costs, such as ongoing lost earnings.
Calculating Non-Economic Damages
Non-economic damages cover things that have no price, like your pain and emotional distress. These damages often use calculation methods, such as the following:
- The multiplier method chooses a multiplier from 1.5 to 5 based on how severe your injuries are, then multiplies the economic damages by that amount to get your non-economic damages.
- The per diem method chooses a per-day value for your pain and suffering, based on your daily income, and multiplies that by the number of days you have suffered/will suffer.
Neither method is perfect, and damages must be carefully considered on a case-by-case basis.
What Should I Do After an Accident?
Any time you are injured, get immediate medical care to treat your injuries. If you do not, it will look like your injuries were not severe, and you might have no records of the injuries. Also report any auto accidents with injuries to the police.
Take pictures and collect info about where the accident happened, who was involved, and who the witnesses were who saw the accident.
Then call a lawyer; do not talk to insurance or try to negotiate for damages without our help.
FAQs for Personal Injury Cases in Queens
Where Do I File My Case?
Most injury cases are filed where they happened. That means that if your accident happened in Queens, you would typically file it in the Civil Term of the Supreme Court of Queens County. The court name is a bit confusing because “Supreme Court” is the name of the trial courts in New York, not the highest appeals court.
How Much Can I Claim in Damages?
You can claim the full value of your case, assuming you have proof of all of the damages you suffered. There are no caps on damages in New York, so you are not limited.
When Will I Receive Payment?
The time from injury to payment can vary depending on a lot of factors, including how complex your case is. If you are able to settle with an insurance company, it might not be more than a few months before you get your money, but trials can take upwards of a year or even two years to resolve.
Once the case has been settled or you have received a jury award, it typically takes no more than 30 days before you receive payment, unless your settlement involves a different structure (e.g., monthly payments).
How Long Do I Have to Sue?
Most personal injury cases fall under the 3-year statute of limitations. This clock starts running on the day of the injury and blocks you from suing after 3 years.
However, some types of cases have different limits, such as wrongful death claims and medical malpractice lawsuits.
What Do I Need to Prove to Win My Case?
Injury cases are typically based on negligence, though you can also sue for intentional injuries. In a negligence case, you have to show that the at-fault party breached a legal duty that they owed you. If that breach caused your injuries, you can recover for all damages you faced.
You must also prove the value of your damages.
Do I Have to Report My Accident?
Car accidents involving injury need to be reported to the police, and your insurance may require you to report it to them. If a non-auto accident happened at a store, a business, or your workplace, you should also report the accident to the company so there are records of the accident.
Otherwise, there may be no one to report your accident to. Still, always get immediate medical care to start making records of the accident and injuries.
Call Our Personal Injury Attorneys in Queens Today
For your free case review, call the personal injury lawyers at The Martello Law Firm at (914) 685-6950.
