Every personal injury case is different, and the amount of compensation you can recover as a result of your injuries is determined by a number of factors. These include the severity of your injuries, the total value of your losses, who is liable in your case and their degree of liability, and the strength of your case.
One of the first things we must do after taking on a case, though, is establish the other party’s negligent actions caused your injuries. We must also determine the degree to which they are liable.
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Types of Damages You May Recover
While every case is different, there are some common types of damages that victims are able to recover in personal injury cases. They include:
- Medical expenses, such as ambulance rides, hospital stays, surgical procedures, doctor’s examinations, and medications
- Physical, occupational, and other therapies
- Assistive devices like wheelchairs and walkers
- Disfigurement or dismemberment
You may also qualify to recover damages for your pain and suffering through a third-party claim or lawsuit. If your family member passed away as a result of their injuries, you may be entitled to funeral and burial costs as well as other pecuniary losses allowed by statute.
Your Future Losses May Also Qualify for Compensation
As you can see, there are a number of possible types of damages that you may be entitled to as a result of your personal injury. In addition to your immediate losses, we can calculate your future damages to ensure you seek fair compensation.
Some injuries will require ongoing treatment and rehabilitation, and you should not be left footing the bills for these expenses. When we assess an initial settlement offer, we can determine if it covers these costs and prevents you from accepting an offer that would not. We can talk to your doctors and other medical experts to prove the extent of your damages.
Explaining Comparative Negligence in New York
New York is a pure comparative negligence state. That means that even if you were partially responsible for your personal injury, you could still recover damages, but they will be reduced in proportion to your contribution to the injury.
For example, if you were found to be 20 percent liable for your personal injury, you are still entitled to 80 percent of the compensation awarded in your case.
How We Can Serve Your Legal Goals
Our lawyers advocate for victims of negligence, and we will fight for fair compensation when representing you.
Establish Liability in Your Personal Injury
After taking on a new client, we immediately launch an investigation into their personal injury case, gathering evidence that allows us to prove liability and calculate the total value of their losses. Some of the evidence we collect includes:
- Police reports, medical records, and eyewitness statements
- Video surveillance
- Receipts, bills, and other documents that show the financial losses you incurred
In addition to providing that the other party was negligent, we must also establish the degree to which they were negligent. We can counter an adjuster’s determination of fault, so they do not undervalue or deny your claim.
Negotiate with Insurers
An insurance company may make an initial settlement offer that does not fairly cover your losses. We can negotiate with insurers and prevent you from accepting an offer that would cause you to suffer further losses down the line.
Represent You at Trial
If we cannot reach an agreement with insurers, we will not hesitate to take legal action on your behalf. We can file a personal injury lawsuit and pursue a court-awarded offer. We will handle all of the paperwork associated with going to trial and represent your interests before a judge or jury.
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Act Quickly to Comply with Legal Deadlines
If you have to file a lawsuit to pursue fair compensation, you do not have an unlimited amount of time to do so. Under CVP §214, you generally have three years to take legal action, starting from the date of your injury. You generally have two years to file a wrongful death lawsuit, per EPT §5-4.1.
There are also exceptions to these deadlines that may apply to your case, such as if you are suing a municipality. If you try to file a suit after this time, you may see your case dismissed. Do not let a negligent party get away with causing your losses. The sooner you call us, the sooner we can begin working on your case to abide by any relevant deadlines.
Rosenberg & Gluck, L.L.P. Can Help With Your Personal Injury Case
The lawyers at Rosenberg & Gluck, L.L.P. care about your future and are ready to fight for your legal rights. We can help determine the worth of your case and file a claim or lawsuit to pursue the liable party.
Call us today for a free, no-risk evaluation of your case. We can assist clients in Spanish, too.