A personal injury lawyer can help you navigate the complex legal process, gathering evidence, filing a claim, calculating the value of your losses, and building a case on your behalf.
Hiring a personal injury lawyer ensures that your rights remain protected as you pursue compensation to cover your losses. It also ensures that the necessary steps are taken to keep your case moving forward while you focus on healing from your injuries.
If someone else is liable for your personal injury, you have the right to hold that person responsible for their negligent actions. A personal injury lawyer does all they can to explain what options you have for recovering compensation to help you determine which option is best for your case.
For a free legal consultation, call 631-451-7900
How a Personal Injury Lawyer Builds a Strong Case on Your Behalf
One of the first steps that a lawyer will take is conducting an investigation to determine liability and establish the total value of your losses. We will gather evidence, including:
- Medical records, eyewitness statements, and police reports
- Bills, receipts, and other records that document the financial losses you have incurred
- Estimates for any property damage you incurred as a result of the personal injury
- Video surveillance or photos from the scene
In some cases, such as medical malpractice or car crashes, we may hire experts who can testify to the negligence of the other party or who can recreate what happened to determine liability.
The evidence we gather will help us calculate the value of your case, which will put us in a stronger position when we are negotiating with the insurance company. It will also allow us to determine if you meet the serious injury threshold set by the state of New York. In order to pursue benefits beyond those provided by no-fault insurance laws, such as pain and suffering, you must prove that you have a serious injury. New York insurance law defines a serious injury as:
- Loss of a fetus
- A fracture
- Permanent loss of use of an organ or system
- Permanent consequential limitation, or use of a body organ, or limb
- A significant limitation of use of a body function or system
- Medically determined impairment or injury that prevents you from normal daily activities for at least 90 days
Damages You May Recover After a Personal Injury
If we determine that your injuries meet the state’s serious injury threshold, we can pursue damages that no-fault insurance laws do not cover, including:
- Medical expenses
- The cost of ongoing care
- Lost wages
- Future wages if you are unable to return to work
- Pain and suffering
- Emotional distress
- Disfigurement or dismemberment
- Personal property damage
Pursuing a Wrongful Death Lawsuit
If your loved one died as a result of the seriousness of his or her injuries, you automatically meet the serious injury threshold and can pursue specific damages for this type of claim, including:
- Burial and/or funeral expenses
- Lost wages and benefits provided by the deceased
- Loss of consortium
- Loss of support and protection
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Laws That May Impact Your Claim
Another way a lawyer can help is by explaining how certain laws can impact your case. New York’s statute of limitations, for example, generally requires you to file a claim within three years of your personal injury under NY § 214. In the event that you are pursuing a wrongful death claim, you generally must pursue a claim within two years or lost the right to compensation.
New York’s negligence laws can also impact your claim. Under NY § 1411, if you are found to be partially responsible for your personal injury, the amount of recoverable damages in your case will be diminished in proportion to the amount you contributed to your injuries.
Rosenberg & Gluck, L.L.P. Wants to Help You
If you or someone you love has suffered serious personal injuries, contact Rosenberg & Gluck, L.L.P. today at (631) 994-1910 for a free evaluation of your case. We can assist clients in Spanish, too. A personal injury lawyer does what they can to help their clients—we do not take this responsibility lightly.