If you suffer a personal injury, you may not be accountable for it. To find out if this is the case, consult with a Westbury personal injury lawyer. At this point, an attorney can review your case and go over your legal options with you.
The team at Levine And Wiss, PLLC has more than 100 years of combined legal experience. We can help you with your injury claim and pursue the most compensation possible on your behalf. Get in touch with us today.
Types of Personal Injury Cases We Handle
You may get hurt as a result of someone else’s negligence. In this instance, you may have suffered a personal injury. There are many types of personal injury claims, such as:
- Bike accident
- Bus accident
- Brain injury
- Car accident
- Construction site accident
- Dog bite
- Motorcycle accident
- Slip/trip and fall accident
- Trucking accident
At Levine and Wiss, PLLC, we understand the challenges that can come up in an injury lawsuit. Our Westbury personal injury attorney commits time and resources to help you get the best possible case results. To learn more, reach out to us.
When to File an Injury Lawsuit
Per New York Civil Practice Law & Rules (CPLR) §214(5), there is generally a three-year statute of limitations for an injury claim. For example, a motorist may crash their vehicle into yours, resulting in an injury. You may have up to three years from the date of your accident to ask for damages — if you do not file a claim within this period, you may be solely responsible for your injury-related losses.
Your personal injury lawyer in Westbury can evaluate your case and determine if you have a valid claim for damages. If so, they can work with you to submit your request for compensation in accordance with New York’s statute of limitations. Once your claim is filed, your attorney can gather evidence to support your argument.
In an injury lawsuit, you are responsible for the burden of proof. You and your attorney can work together to build a body of evidence. If you have a wealth of evidence, you and your lawyer may show a judge or jury that you are in no way responsible for your injury.
How to Prove Negligence
As you search for a personal injury attorney in Westbury, hire one that has received many positive client reviews. This lawyer understands negligence and how it relates to your case. They can help you collect proof that shows the following elements of negligence were present at the time you suffered your injury:
- Duty of Care: A party had a legal obligation to avoid reckless and careless acts that could put you in danger.
- Breach of Duty of Care: The party violated their obligation, putting you at risk.
- Causation: The party’s actions contributed to your injury.
- Damages: You are dealing with quantifiable or subjective losses related to your injury.
Your lawyer may use medical records, police reports, and other evidence in their argument. They may also consider proof that the defendant will use to contest your case. In one of the best-case scenarios, your evidence is overwhelming, to the point where the defendant is willing to offer you a fair and reasonable settlement.
Personal Injury Case Damages
What you get in a brain injury case or any other type of personal injury lawsuit depends on many factors. Your Westbury personal injury lawyer will carefully evaluate your case. They may encourage you to seek economic and non-economic damages.
A judge or jury may award economic compensation for losses you can quantify. These may include medical bills and lost wages. Your total economic damages vary based on the severity of your injury and other factors.
With non-economic damages, you request compensation based on subjective harm. For instance, you may ask for compensation due to pain and suffering from your injury. You may request this combination in conjunction with economic damages.
How Much an Injury Case Is Worth
If you work with broken bone and fracture accident lawyers or other personal injury attorneys, expect them to give your case the attention it deserves. That way, they can value your case properly. On top of that, they can help you avoid missed opportunities to maximize your damages.
Your lawyer will consider the short- and long-term ramifications of your injury. As an example, you may suffer severe head trauma, and this will affect you for many years to come. Thus, your Westbury personal injury attorney may encourage you to request a substantial amount of damages to cover the cost of medical treatments you may need long into the future.
Even if you file an injury claim, you are not assured of getting damages. If you receive a settlement offer, you have the option to approve it. On the other hand, you can deny a settlement proposal, bring your case to trial, and explain to a judge or jury why you deserve the maximum amount of compensation.
How Comparative Negligence Applies to Your Case
With personal injury lawsuits, comparative negligence applies, according to New York Civil Practice Law and Rules (CVP) Article 14-A. Based on this, you can pursue damages from anyone liable for your injury as long as they are partly or fully responsible. Conversely, you may get only a fraction of the compensation you request from an at-fault party based on their percentage of blame.
To understand how comparative negligence works, consider an example. You are involved in a truck accident in which the other party is 20% responsible. This means the liable party may have to pay 80% of your damages.
Now, consider what can happen in a case where you are 99% to blame. You may still get 1% of the damages you initially sought. In this situation, you may wind up having to cover most of your injury-related losses out of your own pocket.
Request Legal Help with Your Personal Injury Case
If you are unsure about how to respond to a personal injury caused by someone else, get help from the team at Levine and Wiss, PLLC. We can take a look at your case and help you decide if now is the right time to file an injury lawsuit. Contact us today to schedule a free case evaluation.
