Getting injured in an accident can leave you struggling with pain, medical expenses, and a reduced quality of life. Luckily, you may be able to recover compensation through personal injury law. The right attorney can help you hold the person responsible accountable and fight for the money you need to get back on your feet.
Personal injury lawyers in Queens can help you receive the compensation you deserve after an accident caused by the negligence of another party. They will take the time to investigate your case and determine exactly how much you deserve in a settlement or award.
The first step in filing a personal injury claim is establishing that the defendant committed negligence, a legal term for failure to do what a reasonable person would do under similar circumstances. Negligence can be proven through a variety of means, including proof that the plaintiff would not have been injured if the defendant had not done what they did or that the injury was a foreseeable result of the defendant’s actions.
Aside from negligence, other elements of liability include causation and strict liability. If the injury was a result of a third party’s actions, the defendant’s actions must also be negligent.
Liability claims are one of the most common types of personal submit a car accident injury claim injury lawsuits. They can arise from a wide range of incidents, including motor vehicle accidents, slip-and-falls, dog bites, and defective products.
Negligence is a common defense in New York personal injury cases, but an experienced attorney can fight to make sure that you receive the compensation you deserve. In fact, an experienced attorney can even win your case if your claim is against multiple parties.
Statutes of Limitations
Each jurisdiction places a time limit on when you can file a civil lawsuit. In New York, you have three years from the date of the accident to file your case.
If you do not pursue your claim within this time period, it will likely expire and you will lose your rights to recover damages. This is why it is important to consult with a qualified personal injury attorney as soon as possible after an accident.
Discovery
When you hire a personal injury lawyer in New York, you will have to undergo a series of interviews and depositions. This is to learn more about the details of your accident, such as the people involved and how it happened. The information will be used to prepare your case for trial, if necessary.
In some cases, the information obtained during discovery will lead to a settlement agreement between the two parties. This can save both sides time and money, and it can avoid lengthy and expensive litigation.
During the settlement negotiation process, insurance companies will usually become involved in the negotiations. These companies will be responsible for paying the settlement amount to the injured person. If the defendant is unwilling to pay the settlement amount, the case will go to trial and the judge will decide the final outcome of the claim.