Personal injury accounts for a wide range of accidents. Injuries resulting from another person’s negligence can take away from months or even years of your life and every compassionate Nassau County personal injury attorney at Rosenberg & Gluck, LLP sincerely understands the difficulty you face after suffering a serious injury. Immediately after an accident or learning about a life-altering injury, you and your family may feel confused or overwhelmed. Medical expenses during rehabilitation can be astronomical and you could end up paying for something that wasn’t your fault.
How can a Nassau County personal injury lawyer help to protect your rights?
If this sounds familiar, our skilled personal injury lawyers in Nassau County urge you to seek legal counsel from a qualified personal injury firm. Our practice combines the experience of eight attorneys who practice only personal injury law. Our Nassau County personal injury lawyers focus on plaintiffs so we can provide compassionate, personalized attention to every client who comes through our office.
Personal Injury Law Basics
Personal injury is an intricate body of law with many nuances, rules, and regulations. The purpose of tort law is to allow an injured person to recover financial damages for losses that result from someone else’s negligence. The personal injury system aims to “make the injured person whole” after suffering some type of harm or injury in an accident. Every personal injury claim is unique, and requires a personalized approach to come to a successful resolution. The basics of the law, however, remain the same. These include:
- Elements of an accident claim. The four elements of most claims are duty, breach, causation, and damages. The defendant must have owed the plaintiff a duty of care, breached this duty in some way that caused the accident, and harmed the plaintiff. The only cases that do not require these four elements are those that involve absolute liability and strict liability laws.
- Strict liability laws. “Strict liability” refers to someone’s liability for damages regardless of negligence. In New York, strict liability laws apply in product liability claims when the product has a manufacturing error, design flaw, or marketing mistake. Absolute liability laws. “Absolute liability,” similarly to strict liability, refers to someone’s liability for damages regardless of negligence. We often see this in construction accidents and dog bites where the animal has a prior history of vicious propensities.
- Product liability laws. A consumer can sue a manufacturer and/or distributor for negligence if a product has a defect that causes injury. These claims can have bases in negligence, strict liability, or breach of warranty depending on the situation.
- Dog bite laws. New York, unlike many states, does not automatically hold the owner of a dog responsible for dog bites. In order to hold the owner or custodian of a dog responsible for a bite it must be shown that the dog previously displayed vicious propensities. Although there are many ways to show vicious propensities, the law is sometimes oversimplified as “one free bite.” Once prior vicious propensities are established, the owner or custodian of the dog is absolutely liable.
- Intentional torts. If someone intentionally causes another person harm, the victim can pursue civil damages at the same time as a criminal case. A criminal case can result in a conviction and penalties, while a civil claim can end in financial compensation for the victim.
There are hundreds of federal, state, and local Nassau County laws that could come into play during personal injury claims. A dedicated Long Island accident attorney can help you navigate all the laws that apply to your case and help you use the laws that exist to your advantage.
New York Negligence Laws
An important step in any personal injury claim is to have at least a cursory understanding of the state’s negligence laws. New York’s negligence laws can drastically impact the outcome of your case. They can change who is liable, who shares fault, and how much compensation you are eligible to receive. Working with a Nassau County personal injury lawyer is the best way to learn about the laws that apply to your particular claim.
What are the following three general New York negligence laws?
- Definition of negligence. New York has a broad definition of negligence. Basically, negligence occurs anytime one person fails to act reasonably under the circumstances, resulting in injury or other harm to another person. Someone is negligent if he or she failed to uphold the duties of care owed to another person, resulting in harm.
- Pure comparative negligence. New York follows pure comparative negligence laws, which means that a claimant’s own conduct in relation to the accident shall not bar recovery. However, the courts will reduce the amount of damages recoverable in proportion to the claimant’s percentage of fault for the incident. Generally, as long as a claimant is less than 100% responsible for the accident, he or she is still eligible for recovery in New York.
- Assumption of risk. The law in New York also does not bar a person from recovery if he or she made an assumption of risk prior to the accident. This means if you suffer an injury during a surgical procedure, while skydiving, scuba diving, or during some other event in which you assumed certain implied or explicit risks, you do not automatically lose your right to recovery.
Where there is negligence, an accident or injury may occur. In order to file a lawsuit for negligence, a plaintiff must prove:
- Someone else had a duty of care to keep the victim out of harm’s way,
- That person breached their duty of care,
- That breach caused the victim’s injuries, and
- The extent of the injuries that the victim suffered.
The Nassau County personal injury lawyers at Rosenberg & Gluck, LLP have in-depth knowledge about all of New York’s negligence, liability, and personal injury laws. Our Nassau County personal injury attorneys can answer any questions or concerns you may have about your case during a free evaluation. The more you know about the negligence laws your claim will involve, the better prepared you’ll be during settlement negotiations or a trial.
What are the most common types of personal injury cases in Nassau County?
Whether you’ve been referred to our site or have been looking online for assistance, you’ll find that our firm handles a wide range of personal injury cases. There is no claim too small for us to evaluate or too large for our team of experienced Nassau County personal injury lawyers to handle.
Common Types of Personal Injury Cases
- Vehicle accidents including trucks, motorcycles, and cars
- Pedestrian accidents
- Boating accidents
- Bicycle accidents
- No-fault insurance claims
- Hit & run accidents
- Other causes of injury
- Birth injury
- Wrongful death
- Construction accidents
Our firm is known in the area for successfully prosecuting those responsible for injuries. Our personal injury attorneys in Nassau County, NY focus on providing compassionate support to our clients while pursuing cases with determination and the legal experience needed to see results. You don’t have to suffer through your injury alone. Allow a compassionate Nassau County injury attorney at our firm to help you seek compensation and overcome this difficult time in your life.
How Much is Your Nassau Personal Injury Case Worth?
Countless lawsuits are filed in Nassau each year. It can sometimes be confusing to determine the dollar amount of your personal injury case. You may be asking yourself: How much is my case worth?
Consider the following:
- What injuries did you sustain?
- How did the accident occur?
- Did you receive medical assistance?
- Will you require additional medical assistance?
- Did you have injuries prior to the accident?
- Was your lifestyle altered?
- Is your mobility restricted?
- Are you missing work/will you miss more in the future?
- Are you able to return to work?
Answering these questions is a great start. Your Nassau personal injury attorney will investigate further into your case. The attorney will research your incident, the impact on your job, life, family and your employment.
The following are important factors that help determine how much your case is worth:
- Medical Bills – All bills that have accrued from the incident until the present day. Future medical expenses will also be calculated for the remainder of the injured party’s life.
- Pain and Suffering – Any injury from the incident, after the incident and assumed pain and suffering in the future will be taken into account.
- Loss of Employment – Loss as a direct result of the incident, during the aftermath and as projected into the future.
How a Nassau County Personal Injury Lawyer Can Help
Calling a personal injury lawyer after any type of accident is always a good idea. Rosenberg & Gluck, LLP offers free initial consultations in Nassau County so you can speak with an attorney at no cost or obligation. You have virtually nothing to lose in discussing your case with a legal professional, but you could have a lot to gain. Our attorneys in Nassau County, NY can lend many attractive benefits to an injured accident victim, including:
- Reliable legal advice. Don’t speculate when it comes to your financial future. When in doubt, call an attorney. A lawyer is an advocate for you and you alone. Unlike insurance claims adjusters, your attorney won’t have a hidden agenda to save the company money. You’ll receive completely trustworthy, reliable legal advice from the start.
- Step-by-step help. After a harmful accident, it’s natural to feel frightened, confused, or overwhelmed, but you don’t have to sift through the aftermath of a trauma alone. Confide in an attorney after suffering an injury and enjoy immediate stress relief and peace of mind for the upcoming weeks and months.
- Taking care of claim filing. New York courts have strict filing requirements and deadlines. Making a mistake can delay your claim or even bar you from recovery. Ensure you file your claim correctly and on time the very first time with help from a reliable Nassau County injury lawyer.
- Doing the legwork on your case. Unless you have legal experience, you probably won’t know where to begin on accident investigations, evidence preservation, the discovery phase, document and record collection, and your burden of proof as a plaintiff. Retaining an attorney means having an experienced professional take care of these aspects for you, while you focus on healing.
- Negotiating with insurance companies. Again, the insurance claims adjuster’s main goal during settlement negotiations will be to convince you to settle as quickly and for as little as possible. Letting an attorney take over negotiations for you means an aggressive, hard-hitting advocate proving your losses and fighting for maximum compensation.
- The ability to go to trial. While most personal injury claims in New York settle without having to go to court, some defendants aren’t willing to offer the amount a claim is actually worth. Work with trial-tested attorneys to make sure you get a fair resolution – even if it means taking the defendant to court. You can self-represent, but it’s not advisable unless you have legal experience.
- Connections with experts. A law firm will have years of experience with your particular practice area, along with a network of experts suitable for your claim. Expert testimony can prove invaluable in proving negligence to a judge and jury. You will gain access to these and other resources you cannot find elsewhere or tap into without help from a professional.
There are endless reasons to retain a Nassau County personal injury attorney after suffering a personal injury. The majority of cases come with complexities that extend well beyond the abilities of a non-lawyer. Going it alone puts you at risk of insurance companies taking advantage of your lack of knowledge and experience. A knowledgeable lawyer can help with every aspect of your claim, from the initial case investigation to the closing argument of a trial. At Rosenberg & Gluck, LLP, you don’t pay unless we win. We make the decision to retain an attorney easy.
“I was injured and needed a law firm. Rosenberg & Gluck was knowledgeable, confident and courteous.”