How Our Personal Injury Attorney Challenges Liability To Maximize Compensation
As an experienced New York personal injury attorney, I am dedicated to ensuring my clients receive every penny their cases deserve. To do this, it is necessary to understand how New York law determines and questions liability. The majority of personal injury cases in New York revolve around two very significant concepts: negligence and comparative negligence. These concepts are crucial to determining the level of your fault and, accordingly, the amount of compensation you will be able to recover.
Challenging Liability In New York Personal Injury Cases
In proving negligence, New York requires that the defendant owed the plaintiff a duty of care and then breached that duty, thereby directly causing harm to the plaintiff. New York, however, still applies a comparative negligence principle in that the court may reduce the amount that a plaintiff might recover based on one’s percentage of fault in causing the accident.
In our fight for the rights of our clients, we study each minute detail of the accident so that the fault of the defendant can clearly be attributed to them. This includes gathering and scrutinizing all evidence, such as accident reports, statements from eyewitnesses, video recordings of surveillance cameras, and expert testimony. We strategize on how to effectively craft a truthful narrative of events that demonstrates support for our client’s claims.
Compensation Maximization Strategies
Detailed evidence collection – Thorough evidence collection and perusal from all available leads enable us to construct an incisive argument against the alleged contributory negligence on the part of our client. It is supported by technical data from the computers in the car, footage captured from nearby cameras, or even forensic evidence that contradicts the opposite party’s account of events.
Expert Witnesses – We employ the services of expert witnesses to testify about the mechanics of an accident or even the medical consequences of an injury. Again, this could be used as supporting evidence to our contention about the severity of the occurrence and the minimal or no fault of our client.
Aggressive Negotiation – Compiling evidence and expert opinion, using that to engage in hard-hitting negotiations with insurers and adverse counsel, we seek nothing less than full compensation for physical, emotional, and economic impact on a victim.
Willingness to Go to Court – While the majority of personal injury cases settle, our willingness to go to trial often encourages a fair settlement offer. Our firm prepares every case as if it will go before a judge or jury; this is often a strategy that results in better settlement terms.
New York Personal Injury FAQs
What Do I Do Immediately After An Accident?
Immediately after an accident, when possible, you should see a doctor even if you do not think that you are seriously hurt. Many types of injuries do not show symptoms immediately. Additionally, a professional medical examination will create records, which can be very important to a personal injury claim.
How Long Do I Have To Commence A Personal Injury Action In New York?
The general rule is that the statute of limitations for a personal injury claim in New York will be three years from the actual date of the accident. It would, however, be different for particular situations, like claims against a city or any other governmental body, which may need to be put on notice of a claim within 90 days after the incident.
Can I Still Get Compensated If I Partly Caused The Accident?
Yes, you can recover damages under New York’s comparative negligence rule even if you partly caused the injury. The percentage of your fault will reduce your compensation. Suppose you bear 30% of the responsibility from an accident with a damage award of $100,000; then you would receive $70,000.
What Type Of Damages Am I Entitled To Recover In A New York Personal Injury Case?
You may be entitled to various types of damages in a New York personal injury lawsuit, depending on the nature of your case. These include economic damages, which involve medical expenses, lost wages, and future loss of earnings, and non-economic damages, which cover pain and suffering, emotional distress, and loss of enjoyment of life.
In addition to these, punitive damages might be awarded in some cases where the defendant’s conduct is reprehensible to punish the wrongdoer and discourage similar conduct in the future.
How Is Fault Determined In A New York Personal Injury Case?
In most cases, fault in New York personal injury cases is established by evidence which proves that the other person involved acted negligently. This mainly consists of proving that the defendant owed a duty toward safety to the plaintiff and showing how the breach in duty directly caused the injuries to the plaintiff. Everything from eyewitness testimony, expert analysis and accident reports to physical evidence found at the scene helps piece together faults.
Does New York Cap Damages In Relation To Personal Injury Cases?
Unlike some states, New York does not put a cap on damages in personal injury cases, whether economic, non-economic, or punitive. That means the amount that you will recover is not limited by statute but instead determined based on the severity of your injuries and the circumstances surrounding your case.
What Can I Expect From The Process Of A Personal Injury Lawsuit?
A complaint, which is the very first step in the process of a personal injury lawsuit in New York, outlines your allegations and the damages you are seeking. The defendant will then file an answer, and the discovery phase, during which both sides exchange evidence and take depositions, will follow. Settlement negotiations can occur at any time. If the case is not settled, it will go to trial. At this stage, having an experienced attorney will assist in understanding the different legal issues and represent you.
Can I File A Personal Injury Claim Against A Government Agency?
A claim for personal injury against a governmental entity can be pursued in New York, but special procedures and tighter deadlines will apply.
Generally speaking, you must file a notice of claim within 90 days of the incident before you are able to file an action. These claims can be more complex, so it’s particularly important that the attorney with whom you work has experience dealing with government entities.
How Will I Prove My Pain And Suffering In A Personal Injury?
Generally, proving pain and suffering in a personal injury case is based on a combination of medical records, expert testimony, personal diaries that record daily pain levels and emotional states, and testimony of family and friends about the effects of the injuries on your daily life. The more you can show the extent of your pain and suffering, the better positioned you will be to recover sufficient compensation.
What If The Other Party Has Offered To Settle?
If the other party offers you some kind of settlement, you need to go through it with your attorney. Your attorney will work with you to understand whether the settlement is adequate to cover your damages. If it is not, he or she will negotiate on your behalf. It is crucial not to accept an offer without legal advice in that it may fail to compensate for the long-term effects of your injuries.
The Right Firm Is Right Here
If you or a loved one has been injured due to someone else’s negligence, retaining skilled legal representation is paramount. At Jonna Spilbor Law, we put our heart and soul into fighting for your rights and helping you maximize your recovery. Contact our New York personal injury lawyer at Jonna Spilbor Law by calling our Poughkeepsie office at 845-485-2529 or our New York City office at 646-922-9799 to receive your free consultation. Now, let us lead you through this hard and sensitive time with professionalism and concern that your case turns out as positively as possible.
