Filing a Personal Injury Lawsuit in Long Island
Personal injury lawsuits are available to those who have been injured due to the negligence of another. If you win your case, you could be entitled to compensation for the losses—in legalese, “damages”—you have experienced as a result of your injury.
The main categories of damages for which you may be compensated include:
- Pain and suffering, physical and emotional
- Medical bills and expenses
- Lost wages, benefits, and reduced future earning potential
The point of a personal injury lawsuit is both to hold the at-fault party accountable for their actions and to make you whole from the losses you’ve suffered and will continue to suffer moving forward. However, there are time limits to any type of legal action which, if missed will cause you to forfeit your right to compensation. Therefore, you should not wait to consult a lawyer after your accident.
Common Types of Accident Injuries
Personal injury accidents can result in a wide range of injuries, from minor cuts and bruises to life-altering disabilities. Some of the most common types of injuries we see in our practice include:
- Soft tissue injuries (e.g., whiplash, sprains, and strains)
- Burns and scarring
- Internal injuries and organ damage
- Traumatic brain injuries (TBI)
- Spinal cord injuries and paralysis
- Broken bones and fractures
- Amputations and loss of limbs
- Chronic pain and emotional distress
The severity of your injuries will play a significant role in determining the value of your personal injury claim. At our law firm, we work closely with other professionals to fully understand the extent of your injuries and the impact they will have on your life, both now and in the future.
What Should I Do After a Long Island Accident?
After a Long Island accident, it’s crucial to prioritize your health and legal rights. Here are the steps you should take:
- Seek medical attention: Even if you feel fine, it’s essential to get checked out by a doctor or visit an urgent care facility. Some injuries may not present symptoms immediately, so follow through with any recommended treatment or follow-up appointments.
- Contact your insurance company: Inform your auto insurance provider about the accident, providing only the necessary facts without admitting fault.
- Record the details: Write down your account of the accident while the details are still fresh in your mind. Include information such as the time, location, weather conditions, and any relevant details about the other parties involved. Retain copies of accident reports, medical records, and repair estimates related to the incident.
- Be cautious when communicating: If the other party’s insurance company contacts you, remain polite but refrain from providing a recorded statement or signing any documents without first consulting a lawyer. Remember that the other insurer’s primary goal is to minimize their payout, not to ensure you receive fair compensation.
- Seek legal advice: Consult with an experienced Long Island personal injury attorney to discuss your case. They can help you understand your rights, gather evidence, and negotiate with insurance companies on your behalf to ensure you receive the compensation you deserve.
By following these steps, you can protect your health and legal rights after an accident in Long Island.
Do I Have a Personal Injury Case?
To have a valid personal injury case, you must be able to establish four key elements: duty of care, breach of duty, causation, and damages.
1. Duty of Care
The first step is to show that the other party owed you a duty of care, meaning they had a legal obligation to act in a reasonable manner to prevent harm to others. The specific duty varies depending on the situation:
- Drivers must operate their vehicles safely, obey traffic laws, and remain alert.
- Property owners must maintain their premises in a reasonably safe condition and warn visitors of any known hazards.
- Medical professionals must provide treatment that meets the accepted standard of care in their field.
2. Breach of Duty
The second element is to demonstrate that the other party breached their duty of care by failing to act as a reasonable person would have under similar circumstances. Examples include:
- A driver texting while behind the wheel, causing an accident
- A store owner failing to clean up a spill or place warning signs, resulting in a slip and fall
- A doctor prescribing the wrong medication or failing to diagnose a serious condition
3. Causation
The third element, causation, requires you to show that the other party’s breach of duty directly caused your injuries. In other words, you must prove that if it weren’t for their negligent actions, you would not have been harmed. This can be straightforward in some cases, such as a distracted driver rear-ending your vehicle, causing whiplash. However, in other situations, causation may be more complex and require expert testimony to establish.
4. Damages
The final element is damages, which refers to the actual harm you suffered as a result of the other party’s negligence. This can include both economic and non-economic losses, such as:
- Medical expenses for treating your injuries
- Lost wages from missing work during recovery
- Reduced earning capacity if your injuries prevent you from returning to your previous job
- Pain and suffering, including physical discomfort and emotional distress
- Loss of enjoyment of life, if your injuries limit your ability to participate in activities you once enjoyed
To have a successful personal injury claim, you must be able to prove all four of these elements. However, even if you believe your case meets these criteria, it’s crucial to consult with an experienced personal injury attorney to assess your claim and guide you through the legal process.
How Much is My Case Worth?
The value of your personal injury case depends on several key factors:
1. Severity of injuries: The more severe your injuries, the higher the potential value of your case. This includes the nature and extent of your physical and emotional injuries, as well as the duration of your recovery.
2. Medical expenses and other costs: The total amount of your medical bills, including past and future treatment, plays a significant role in determining your case’s value. Other expenses, such as property damage and out-of-pocket costs related to your injuries, are also considered.
3. Impact on your work and earning capacity: If your injuries have caused you to miss work or have reduced your ability to earn a living, you may be entitled to compensation for lost wages and reduced earning capacity.
4. Quality of life: The extent to which your injuries have affected your daily life, relationships, and ability to participate in activities you once enjoyed can impact the value of your case.
5. Strength of evidence: The strength of the evidence in your case, such as witness statements, medical records, and expert testimony, can influence the value of your claim.
6. Available insurance coverage: The amount of insurance coverage available from the at-fault party can also affect the potential value of your case.
In general, you may be entitled to compensation for various damages, including:
- Past and future medical expenses
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Property damage
At Perecman Firm PLLC, we have a proven track record of securing significant settlements and verdicts for our clients. While we cannot guarantee a specific outcome in your case, we will work tirelessly to help you obtain the maximum compensation possible based on the unique circumstances of your case.
Call (212) 577-9325 Today to Get Started
If you have been injured in Long Island as a result of negligence or other violation of law, we may be able to help. We have extensive experience in this area of the law, and we know that many of our clients pursue legal action because they have found themselves in similar dire straits. That’s why our team handles every case with integrity, passion, and skill. Allow us to show you why countless others trust us to fight for their compensation.
Take the first step today. Contact The Perecman Firm, P.L.L.C., online to book a free consultation with a Long Island personal injury attorney.
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