What is the Statute of Limitations in NY for Personal Injury?
In New York, the statute of limitations for personal injury claims is three years from the date of the injury. This applies to all personal injuries except when otherwise specified by law. For example, if you were injured on January 1, 2023, you would have until January 1, 2026 to file your lawsuit.
Finding the Right Personal Injury Attorney for Your Case in Nassau County, New York
Personal injury lawsuits are often resolved through negotiations and settlements with the defendant's insurance company. Suppose a person cannot reach an agreement. In that case, the suit may proceed to litigation, where the court in Long Island will determine the appropriate compensation based on the evidence presented.
Seeking the assistance of an experienced Long Island personal injury attorney is essential to navigate the complexities of the legal process and ensure the best possible outcome for the suit.
What Does a Personal Injury Lawyer Do?
A personal injury lawyer primarily assists individuals who've suffered injuries as a result of another party's negligence or misconduct. They advocate for their clients' rights, offering legal advice, representation, and ensuring that they receive fair compensation for their physical, emotional, and financial losses.
When initially consulted, a personal injury lawyer evaluates the case to determine its viability. They assess the circumstances surrounding the incident, the nature of the injuries, and the involved parties to ascertain whether there is a legitimate claim and probability of success. Following this, they provide advice on the best course of action, which might involve proceeding to court or negotiating a settlement.
Personal injury lawyers gather evidence to support their client's claims. This might involve obtaining medical records, police reports, or witness statements, and, in some cases, they may work with forensic experts or accident reconstruction analysts. With this information, they build a compelling case demonstrating how the opposing party's negligence resulted in the client's injuries.
One of the critical roles of a personal injury lawyer is to negotiate with insurance companies. These companies often attempt to minimize payouts, and having a lawyer to navigate these negotiations can help ensure that clients receive a fair settlement. The lawyer communicates with the insurance provider on the client's behalf, presenting evidence and arguing the case to secure an optimal settlement.
If settling out of court proves unsuccessful, the personal injury lawyer prepares for litigation. They file the necessary legal documents, represent the client in court, present the case to the jury, and argue for the highest possible compensation.
In addition to this, personal injury lawyers also offer moral support and help clients understand their rights and the complex legal jargon. They guide clients through the legal process and alleviate some of the stress associated with pursuing a claim.
A personal injury lawyer plays a multifaceted role. They provide legal counsel, negotiate with insurance companies, gather evidence, and represent their clients in court if necessary. They strive to ensure that their clients receive fair compensation for their injuries, helping them navigate the complex legal landscape following an injury-causing incident.
Handling All Personal Injury Cases Throughout New York State
If you have been injured because of someone else’s negligence, please contact the Law Office of Gregory A. Goodman, P.C. immediately to protect your rights. A personal injury lawyer will provide you with a free consultation. Our law firm can provide you will legal representation on all types of personal injury matters and accidents.
Among other cases, we help clients with injury matters involving:
What To Do After a Car Accident
When you’ve been injured in a car accident, you may not know where to turn. Should you deal directly with the other driver’s insurance company? Is fault an issue in the case? What paperwork must you send to the insurance company?
Hiring a Car Accident Attorney in Long Island, NY
Hiring an attorney who is experienced in personal injury law will ease your stress. We have years of experience working on personal injury cases. Our personal injury lawyers are strong advocates you can depend on for results when you’ve been involved in an auto accident in the Long Island area. We can help you determine what steps to take during this difficult time.
Let our New York car accident attorneys help you with your injury claim. Call our dedicated personal injury attorneys at e} or contact us online to schedule a free consultation today.
New York’s No-Fault Insurance System
New York is one of only a few states that have no-fault car insurance systems. This system requires that you must collect first from your own insurance company, even if the other driver caused the accident. A fault is not considered unless drugs or alcohol are involved.
This rule is not absolute. You may have a personal injury claim against the other driver’s insurance company if the accident resulted in death or excessive medical bills over $50,000. Suffering certain serious injuries such as fractures or disfigurements may also allow you to file a lawsuit rather than collect from your own insurance company. Our Long Island personal injury office is available to discuss the facts of your case and to determine what rights you may have.
Shared Fault Law in New York and Long Island
When attempting to hold an entity liable for your injuries, they may argue that you share at least part of the blame. If you are found to share liability, this can affect your total received compensation.
In New York, shared fault compensation falls under the "Pure Comparative Negligence" rule. This means the amount of compensation you are entitled to will be reduced by the percentage of fault you had in the accident.
It is important to note that this rule is specific to injury lawsuits brought to trial. Though insurance adjusters can bring up the comparative negligence rule, you still can negotiate how that rule applies to your claim. A Long Island injury attorney can assist you whether you're dealing with the comparative negligence rule in the courts or with an insurance adjuster.
Choosing a Seasoned Personal Injury Attorney in Long Island, NY
With an experienced Long Island personal injury lawyer on your side, you will have a better understanding of a realistic outcome for your case.
You may be able to pursue several types of damages in an injury case, including:
- Medical bills
- Property damage (damage to your car that must be repaired)
- Lost wages (for any time you have missed from work as a result of your injuries)
We can review your case and assess what damages may be recoverable. We’re available for free consultations and have flexible payment plans. We look forward to advocating for your rights.
Injured in Long Island? Get the compensation you deserve. Dial (800) 242-3740 now or contact us online to get started with a free consultation.