Long Island Personal Injury FAQs

If someone’s negligent or intentional wrongdoing caused you to suffer an injury, you may have a claim. New York injury victims must generally prove four elements to recover monetary compensation:

• Duty of care: First, the at-fault party must have had a duty to avoid behavior that could foreseeably harm others. Drivers, for example, have a duty to obey traffic laws and drive safely.
• Breach: A breach is a negligent or intentional act or failure to act that violates the duty of care. Drunk driving and reckless driving are two examples of breaches.
• Causation: The breach must actually and directly cause the accident or injury in question. Sometimes more than one party causes an accident.
• Damages: Finally, the victim has to prove the nature and amount of their monetary damages. These can include likely future damages the victim will incur due to their injuries.

These will vary from one case to another. Most Long Island accident victims can seek compensatory damages, which compensate them for various losses. Compensatory damages are further divided into:

Economic damages

These are called “economic” because they are generally reducible to an objective dollar value. Examples include medical bills, future medical bills, lost income, lost future earning capacity, property damage, and necessary out-of-pocket expenses.

Non-economic damages

By contrast, non-economic damages have no set dollar value but instead compensate the victim for intangible, subjective losses. Pain and suffering, emotional distress, mental anguish, reduced quality of life, and loss of consortium are a few examples.

In rare cases, particularly those in which the at-fault party showed reckless disregard for the safety of others, punitive damages may be available. These are intended to punish the at-fault party and deter their misconduct.

The answer depends on numerous factors such as how serious your injuries are, what sort of future medical treatments you may need, your ability to work now and in the future, and the nature of your non-economic damages. It’s important that you ask for all available damages.

The reason is that if you settle or your case goes to trial, and your injuries turn out to be worse than you initially thought, you won’t get to ask for more money. Be sure you explain all of your losses and likely future medical and financial needs to your lawyer.

New York accident victims generally have three years from the date of the accident to file a personal injury lawsuit. There are exceptions to this deadline, known as the statute of limitations, for example if the victim is a minor or the at-fault party is the government.

If you fail to file by the applicable deadline in your case, the court will dismiss your lawsuit regardless of how serious your injuries are. Also, note that medical malpractice cases have a different deadline.

Yes, because New York follows what is known as pure comparative negligence. This means the victim can recover damages even if they were partially to blame for their own injuries. However, their total damages will be reduced by their percentage of fault.

For instance, a driver runs through a red light and crashes into a victim. But it’s determined that the victim was speeding, which contributed to the severity of the accident. The victim is said to be 20% liable. If the damages would have been $100,000, they are lowered by 20% ($20,000).

Most personal injury cases in Long Island settle before trial. The at-fault parties and the victim, through their lawyers and insurance companies, will negotiate. They will also likely use mediation, an out-of-court process designed to facilitate productive settlement negotiations.

Whether your case settles will depend on factors like the severity of your injuries, the number of at-fault parties there are, and the quality of legal counsel representing all parties involved. Your attorney should work to settle the case but be prepared to go to trial if necessary.

You should not sign anything from the insurance companies, or communicate with them, without first speaking with an experienced Long Island personal injury attorney. Insurance companies may seem sympathetic or say the offer is the best you will receive. But this may not be true.

Insurance companies often deliberately make low-ball settlement offers, or even deny coverage, hoping the victim will go away. They are counting on the victim to not understand their legal rights or the value of their case. Before talking to insurance, talk to an attorney.

First, get medical attention and follow your doctor’s advice. Failure to do so could harm your health and your legal rights. Next, document as much of the accident scene as you can and get the names and contact information of witnesses. Finally, speak with a personal injury lawyer.

You also need to limit what you say. As mentioned above, don’t speak with the insurance company without talking to a lawyer first. You should also avoid saying things like “I’m sorry” or “I’m fine” to others involved in the accident. And don’t post about the accident online.

Any evidence related to your accident could be helpful. If you believe the evidence you have is relevant or you just aren’t sure, give it to an attorney. Common examples are pictures, videos, eyewitness statements, medical bills, income information, and your personal notes.

It’s also a good idea to show your lawyer evidence you think does not help or may even hurt your case. Your lawyer needs to be ready to handle any evidence that undermines your case, and it’s better to deal with this early.

Although some cases can be resolved in a few months, others can take up to a year or longer. More complex cases, those involving disputed issues of liability, and those with more seriously injured victims tend to take longer. Your attorney can provide a more detailed timeline.

If a governmental entity in Long Island or elsewhere in New York caused your injury, you may have the right to sue them. Suing the government is more complicated than a private lawsuit. For instance, the victim must first serve a Notice of Claim within 90 days of the accident.

There are other requirements and shorter filing deadlines. Also, claims against the state government are often handled differently than those against local governments. Make sure your attorney is experienced with these types of personal injury lawsuits.

First and foremost, a knowledgeable attorney is going to understand the laws, court opinions, procedural rules, rules of evidence, and other legal aspects of your case. Your lawyer will also understand how to determine the value of your current and future losses.

Attorneys often need to consult expert witnesses who can assist with various aspects of the case. They represent clients in mediation and take their cases to trial if necessary. Overall, a skilled attorney knows what your case is worth and how to claim fair compensation for it.

Most personal injury attorneys represent clients on a contingency fee basis. The victim typically pays no upfront costs and doesn’t owe anything unless the attorney wins. Their fee is then taken as a percentage from the total settlement or verdict. The representation agreement you sign with your lawyer will include more details.