
When you’ve been injured in an accident, it’s natural to feel overwhelmed. In New York, personal injury laws are designed to help victims recover compensation for their injuries, but the legal process can be confusing. At Michael LoGiudice, LLP, we understand the importance of clear information about what to expect. Here, we answer some of the most common questions about personal injury claims to help you feel more informed and confident moving forward.
What is a Personal Injury Claim?
A personal injury claim allows individuals who have been injured due to someone else’s negligence or misconduct to seek compensation. Common personal injury cases in New York include car accidents, slip and fall incidents, medical malpractice, and construction accidents. If someone else’s careless or reckless behavior caused your injury, you may be entitled to file a personal injury claim.
What Should I Do After an Accident?
The steps you take immediately following an accident can significantly impact your claim:
- Seek medical attention: Even if you think your injuries are minor, seeing a doctor immediately is crucial.
- Document the scene: If possible, take photos of the accident site, your injuries, and any property damage.
- Gather witness information: Collect names and contact details from any witnesses who saw the accident.
- Contact an attorney: Speaking with a personal injury attorney early can help protect your rights and strengthen your case.
How Long Do I Have to File a Personal Injury Claim in New York?
In New York, the statute of limitations for personal injury claims is generally three years from the accident date. This means you must file your lawsuit within this timeframe, or you may lose your right to pursue compensation. However, there are exceptions to this rule. For example, in medical malpractice cases, the statute of limitations may be shorter, and if the claim involves a government entity, you typically have just 90 days to file a notice of claim. Consulting with an attorney can ensure you meet all deadlines.
How Is Fault Determined in a Personal Injury Case?
New York follows a comparative negligence rule, meaning even if you are partially at fault for the accident, you can still recover damages. However, your compensation will be reduced by your percentage of fault. For instance, if you are found to be 20% responsible for a car accident, your total compensation will be reduced by 20%. This makes it vital to present a strong case showing the other party’s liability.
What Damages Can I Recover in a Personal Injury Claim?
Victims of personal injury accidents in New York can seek two primary types of damages:
- Economic damages: These cover quantifiable losses, such as medical bills, lost wages, and property damage.
- Non-economic damages: These compensate for more subjective losses, like pain and suffering, emotional distress, and loss of enjoyment of life.
In some cases, punitive damages may also be awarded if the defendant’s behavior was particularly reckless or malicious. Your attorney can help you determine the full scope of damages you may be entitled to recover.
What Is the Personal Injury Claims Process?
The personal injury claims process typically follows these steps:
- Investigation: Your attorney will gather evidence, including medical records, police reports, and witness statements.
- Negotiation with insurance companies: In many cases, your attorney will negotiate with the at-fault party’s insurance company to reach a settlement.
- Filing a lawsuit: If a fair settlement cannot be reached, your attorney may file a lawsuit on your behalf.
- Trial or settlement: Most cases settle out of court, but if necessary, your case may proceed to trial, where a judge or jury will determine the outcome.
This process can take several months to a few years, depending on the complexity of the case and whether it goes to trial.
Do I Need to Go to Court for My Personal Injury Claim?
In most cases, personal injury claims are settled out of court through negotiations with insurance companies. However, going to court may be necessary if a fair settlement cannot be reached. While the idea of a trial can be intimidating, an experienced attorney can guide you through the process and advocate on your behalf to ensure you receive the compensation you deserve.
How Much Does It Cost to Hire a Personal Injury Lawyer?
At Michael LoGiudice, LLP, we work on a contingency fee basis, which means you don’t pay any upfront costs. Our fees are only collected if we win your case, and they come as a percentage of the final settlement or verdict. This ensures that you can pursue justice without worrying about the financial burden of legal fees.
How Long Does It Take to Resolve a Personal Injury Claim?
The length of time it takes to resolve a personal injury claim depends on several factors, including the severity of your injuries, the complexity of the case, and whether a settlement is reached quickly. Simple cases may resolve in a few months, while more complicated cases that go to trial can take years. Your attorney can give you a better sense of the timeline based on the specifics of your case.
Secure the Compensation You Deserve with Michael LoGiudice, LLP
Navigating a personal injury claim can feel overwhelming, but with the right information and legal guidance, you can secure the compensation you deserve. At Michael LoGiudice, LLP, we are committed to helping New York accident victims through every step of the process, from investigation to settlement or trial. If you have been injured due to someone else’s negligence, contact us today for a free consultation.