What Our Clients Are Saying*
As we all know, when someone breaks the law and hurts you, that person will be arrested and possibly criminally charged. What about when someone hurts you without technically breaking any laws? Even if the person is criminally charged, the criminal system does not compensate victims. When victims of criminal and non-criminal injuries need compensation to pay for recovery and other expenses, they can file a personal injury lawsuit against the wrongdoer.
Personal injury lawsuits are far more than merely one kind of lawsuit. “Personal injury” is often used as an umbrella term for various injuries and damages a person may need compensation for. Personal injuries could be physical, emotional, or property-related. The law recognizes a wide variety of personal injury claims and provides just as many kinds of remedies.
If someone else’s actions caused you pain, hardship, or some other loss, you might have a valid personal injury claim. Our Yonkers, New York personal injury attorneys can help you assess your case and calculate damages. Discuss your situation with our team in a free legal consultation at The Martello Law Firm. Call us at (646) 396-0236 to learn more.
Why Would I Need to File a Personal Injury Lawsuit in Yonkers?
A personal injury lawsuit may be necessary for a variety of injuries. In many cases, a person is physically injured, either by accident or by the wrongdoer’s willful or intentional conduct. Other times, a person does not suffer physical harm but instead suffers emotionally or mentally. Still, other cases do not involve harming a person but rather a person’s property, like a car, house, or valuable personal belongings. More common still are cases involving injuries that overlap all three of these categories.
Our Yonkers personal injury attorneys have experience with a plethora of different cases. Our team is prepared to provide legal advice and representation on any of the following issues:
- Car accidents
- Slip and fall accidents
- Construction site accident and injuries
- Accidents in the workplace
- Ceiling collapses
- Dog and animal attacks
- Nursing home abuse and neglect
- Wrongful death
- Elevator and escalator accidents
- Medical malpractice
If you believe you have suffered some sort of harm or loss but are unsure whether your situation meets the criteria of a personal injury case, speak with our team for guidance. You may have multiple legal options worth exploring.
When to File a Personal Injury Lawsuit in Yonkers, New York
A personal injury case can feel like a whirlwind from the date of your accident up through numerous court hearings and a trial. After being injured, people sometimes wonder if and when they should file a personal injury lawsuit. It is crucial that you speak with an attorney sooner rather than later about your case. Our Yonkers, New York personal injury lawyers can help you decide whether to file a claim and quickly.
In New York, personal injury lawsuits are subject to a 3-year statute of limitations. These kinds of statutes place time restrictions on different cases. Different statutes of limitations may govern different types of legal actions. For this reason, it is imperative to get your case started sooner rather than later. Not only that, but your time limit might change depending on who your defendant is. For example, suing a municipality like a town or a city may mean you have a smaller time window to file a case.
While statutes of limitations impose hard deadlines on personal injury lawsuits, you can buy yourself more time if you can toll the statute. Tolling may occur if special circumstances prevented you from filing your lawsuit on time. For example, because minors cannot file personal injury lawsuits on their own, the statute is usually tolled until the child turns 18.
Damages Available in Yonkers, NY Personal Injury Cases
In a personal injury lawsuit, damages include losses or injuries suffered by the plaintiff that they want to be compensated by the defendant. While damages are usually compensated with money, not all damages are financial in nature.
Compensatory damages are related to losses and injuries suffered by a plaintiff. Compensatory damages are designed to make a plaintiff “whole” by putting them in a financial situation similar to before they were injured. However, compensatory damages can be for monetary losses as well as non-monetary.
Economic damages are those related to injuries and losses that are financial. Things like medical bills, repair bills, and lost wages are all considered economic damages. Calculating these damages is simpler than other damages because we do not have to estimate what a loss is worth.
Non-economic damages are for losses that did not come with a price tag. A common non-economic injury is pain or suffering experienced by a plaintiff, both physical and mental. Even though mental and physical pain does not cost a plaintiff money, courts usually have no other way of compensating plaintiffs than by financial payments.
Punitive damages are not meant to make a plaintiff whole. Instead, they are designed to punish defendants for their bad behavior. In New York, punitive damages may only be claimed if the defendant acted with especially egregious, outrageous, or malicious behavior. Ordinary negligence is not enough to warrant punitive damages. As such, these damages are rarely awarded. Our Yonkers, New York personal injury lawyers can help you figure out if your case may qualify for punitive damages awards.
How a Yonkers, New York Attorney Can Help Your Personal Injury Case
Handling a personal injury lawsuit requires advanced legal knowledge and skills with which an ordinary person might not be equipped. Simply filing a lawsuit is a complicated task on its own. Our Yonkers, New York personal injury attorneys are prepared to help you file your case and argue for compensation.
A successful personal injury lawsuit will rely heavily on a good legal strategy. Knowing what arguments to make and what evidence to present is crucial. There are also numerous hearings and proceedings involved in a lawsuit before ever getting to a trial. You may also have to contend with the decision to accept a settlement offer. Handling a lawsuit on your own is nearly impossible as the process is extremely complicated and requires special training, skills, and education. An attorney will best be able to get you the compensation you need.
Contact our Yonkers, New York Personal Injury Attorneys
If you suffered some sort of harm at the hands of another, you might have a personal injury case. Our Yonkers, New York personal injury attorneys can help you argue for just compensation. Call The Martello Law Firm at (646) 396-0236 to arrange a free legal consultation.