Personal injury claims allow you to seek compensation for injuries you sustained due to a car collision, work accident, or other incident.
Personal injury lawyers help with these claims, from explaining your legal rights and the damages you may be able to claim to working to gain compensation on your behalf.
Compensation from a personal injury claim allows you to pay for accident-related expenses, such as medical bills. It may also pay for lost wages you missed while recovering and can even be used to make legal amends for pain and suffering you may have experienced.
Learn more about the process of filing a claim for personal injury by consulting with a Patchogue personal injury lawyer. Call the law office of Rosenberg & Gluck, L.L.P. at (631) 451-7900 to speak to a member of our team during a free consultation.
For a free legal consultation with a personal injury lawyer serving Patchogue, call 631-203-1691
Types of Personal Injury Claims
There are a number of types of personal injury claims, but the following are some of the most common:
● Personal Injury: this falls under the umbrella of claims filed for injuries that result from some type of incident, such as a construction accident, trip or slip and fall, workplace incident, car crash, truck collision, or bike accident.
● Medical Malpractice: refers to a type of personal injury that you experience during medical care, including negligence during surgery, birth injuries, and more.
● Wrongful Death: these claims allow you to file for compensation after the unexpected loss of a loved one due to another’s negligence, including in a car crash or other event.
A lawyer knows the different types of incidents, which may put you in a position to seek compensation for resulting injuries and will be able to explain these to you during a free, initial consultation.
Patchogue Personal Injury Lawyer Near Me 631-203-1691
Laws for Personal Injury
Which laws apply to your personal injury claim may depend on the type of injuries you sustained (such as whether they are considered serious injuries), the state you reside in, and the type of accident you were in.
In general, all personal injury claims take into account the principle of negligence, consideration of liability, and the statute of limitations set by the state.
Consideration of Negligence
Personal injury claims determine whether the defendant (the party you are bringing the claim against) acted negligently.
If they are found to have acted negligently, this means they did not exercise the level of care toward you that would be expected from any other person in the same situation.
In the state of New York, “contributory negligence” applies to most personal injury lawsuits and claims. According to New York Civil Practice Law and Rules (CVP) §1411, this principle considers whether you (the claimant) contributed in any way to the accident.
If you are found to have any fault in the accident, you will still recover damages for your injuries, but the compensation amount will be reduced. Typically, the amount your compensation award is reduced by will be equal to your determined percentage of fault.
Consideration of Liability
A personal injury claim also hinges on determining liability, or who can be held liable for the accident and resulting injuries.
To determine liability, a lawyer must show that the person was negligent, that the negligence caused the accident, and that the accident then directly led to your injuries.
Consideration of negligence and liability may seem daunting, but a Patchogue personal injury lawyer will know what to look for to demonstrate that negligence was involved in your accident. Contact Rosenberg & Gluck, L.L.P. at (631) 451-7900 for a free consultation to review your claim.
Statute of Limitations
Finally, personal injury claims have a statute of limitations or a set period of time in which you must file the claim to receive compensation.
In the state of New York, you generally have three years to file your claim from the date of your car crash or other incident, according to CVP §214.
However, exceptions do apply to this statute which create a shorter time period, such as filing a claim against a municipality, or when bringing a claim for wrongful death. A lawyer can explain these laws and assist you in a number of ways when you file your claim.
Common Types of Damages in Personal Injury Claims
You may be able to claim a number of different types of damages, depending on how the collision or other incident affected you, the extent of your injuries, whether you had to miss work to heal, and other factors.
Because each incident is different from the next, your damages may look different from another person’s damages. Some examples of damages in personal injury claims include compensation for:
- Lost wages
- Medical expenses
- Projected lost wages due to permanent disability
- Projected medical expenses due to serious injuries
- Pain and suffering
- Wrongful death
- Medical malpractice
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Benefits of Hiring a Personal Injury Lawyer
As you file your personal injury claim, you may have questions and concerns throughout the process. A lawyer can answer your questions, ease your concerns, and offer legal guidance along the way.
You are not required to hire a personal injury lawyer when filing a claim. However, you may find it beneficial to work with a lawyer, as they can aid in all legal aspects of your claim, and have the experience to navigate the legal process.
At Rosenberg & Gluck, L.L.P., our personal injury lawyers will manage every step of your claim to lift this burden from you. Steps we take to help recover compensation for you include:
- Gathering documentation and other evidence for your claim
- Working to prove the other party’s negligence
- Demonstrating the defendant’s liability
- Keeping you up to date on the claims process
- Acting as your communicator for all involved parties, such as the defendant’s lawyers and insurance companies
- Providing legal representation if your claim goes to trial
Contact Rosenberg & Gluck, L.L.P. for Help with Your Personal Injury Claim
If you or someone you know need to file a personal injury claim in Suffolk County, Nassau County, on Long Island, or in the boroughs consider working with a personal injury lawyer from Rosenberg & Gluck, L.L.P.
The office of Rosenberg & Gluck, L.L.P. will work to recoup compensation for your injuries on your behalf, and we can provide services in Spanish if that is your primary language. Contact us today at (631) 451-7900 for more information.