Accidents happen, often at the most inopportune moments. After suffering an injury that was not their fault, people can find themselves feeling lost and alone. A personal injury lawyer stands to fight for those people and help them hold the responsible party accountable.
Legal representation is essential when trying to pursue compensation and go up against an insurance company. Defense attorneys also fight hard for their clients and may try to push the settlement down, so it is necessary to have a personal injury lawyer fighting for the victim.
What Do Personal Injury Cases Involve?
Personal injury lawsuits have several elements to them. The basis is that a victim has been injured in some way because of the action or inaction of another. It can be work-related, a car accident, or because of unsafe conditions. A case involves the following steps:
Proving there was a duty of care owed
Showing that the duty of care was breached
Providing evidence to show that the breach directly caused the injuries
Pushing for financial recovery of medical bills and other costs
Discussing a fair pain and suffering settlement
Negotiating a final compensation agreement with the at-fault party and their insurance company
Examples of Personal Injury Cases
A personal injury accident can be many things and lead to various medical problems. Personal injury cases can cover everything from whiplash to a traumatic brain injury. Here are some of the most common types of personal injury incidents.
Car Accidents and Truck Accidents
Involvement in a car accident is the number one reason for personal injury claims. In most cases where motor vehicles are involved, there is a clear at-fault party. The victim is entitled to financial compensation for their injuries and cost incurred, plus further damages for emotional trauma. Car accidents that end in a fatality can also go through a personal injury lawyer who can pursue a wrongful death claim on behalf of the victim's family.
Claims of medical malpractice require an in-depth investigation to prove liability and fault. If the fault is confirmed, the victim can sue the negligent party for various damages. Malpractice injuries can include unnecessary surgery procedures, an incorrect treatment that leads to other issues, and excess scarring. It can also apply to nursing home negligence where relatives can make a claim on behalf of the victim.
Worksite and construction accidents are often covered by workers' compensation, but only to a limited degree. If there are failures in the safety standard and site management, there is room for further compensation. Anyone injured on a construction site who believes it was not their fault should gather as much information as possible and contact a personal injury lawyer immediately.
Motorcycle accidents often end in serious injury. Neck injuries, spinal injuries, and other bodily trauma can leave bike riders with life-long disfigurements and disabilities. Even less serious injuries can have a huge impact on a person's life. If someone else's negligence causes a motorbike to crash, the rider can sue.
Any person injured at work for any reason that was not their fault may be able to recover damages from their employer and their insurance company. It can be intimidating to go up against an employer, so much so that many people do not even try. Personal injury attorneys are there to stand up for the little guy and fight for their rights.
Personal injury attorneys can also assist pedestrians who are hit by motorists. Physical injuries suffered in these cases can be life-altering, so it is essential to have someone to push for maximum compensation.
If an accident results in a fatality, the victims' families can pursue a wrongful death claim. Car accidents, medical malpractice, and many other things lead to accidental death more than people may think. Surviving relatives can contact a law firm and open a personal injury case on behalf of the victim. There are restrictions on who can pursue this type of claim under New York law, but an attorney can advise and assist.
What Can Victims Claim in a Personal Injury Case?
Personal injury claims in New York are divided into two main categories of compensation: economic damages and non-economic damages. Both are equally important, although one is far more difficult to quantify than the other. Usually, the economic damages come first, followed by non-economic, but it depends on the individual circumstances.
Economic damages are the quantifiable costs associated with a personal injury. Matters such as medical expenses, therapy costs, legal bills, and lost wages have set amounts that are easy to argue. Medical bills, for example, have set amounts that can be presented to the insurance companies as part of the settlement. If the accident happened and someone's personal property was damaged, those expenses are also classed as economic damages.
The other side of a personal injury settlement is the damages that don't have a set price. Pain and suffering is the term generally used to describe this category. These include the impact of emotional trauma, permanent changes to a person's life, and lost time. Long Island does not have a specific formula for deciding on a figure for these damages, but there are ways to estimate a settlement amount to start negotiations.
One of the main ways is to take the sum of the economic damages and multiply it on a scale of one to five. The more severe the injury, the higher on the scale it sits. Permanent disabilities and disfigurements sit at a four or five, while mild soft tissue damage would be at the lower end. If the person has already recovered, the amount can also be calculated based on the days of recovery and the average daily wage of the victim.
How Can Personal Injury Lawyers Help?
Long Island personal injury attorneys know the law better than anyone else and can use it to get victims the compensation they deserve. After an accident, the victim's focus should be on their recovery and well-being, not fighting in court or battling with insurance companies. Hiring a professional law firm that specializes in injury law is essential to have the best chance at winning the case and reaching the optimal settlement. Here are some of the key ways they can do that.
Provide Legal Guidance
Many drivers are distracted while driving, which is a big reason why car accidents happen. People think that answering a quick text or talking on the phone won't cause a car crash, but it does. Other ways people are distracted while driving are drinking, eating, interacting with passengers, or fidgeting with their music or GPS. When someone is distracted, it can cause really serious car accidents because the driver will need to brake suddenly, swerve their car, or slam into someone else.
It is essential not to be distracted while driving because it can cause a lot of damage.
Gather Evidence and Build a Case
Evidence is an essential part of an injury claim, especially when trying to prove fault and recover money. Collecting the evidence can be tough for a person who is trying to heal physically and mentally. A representing lawyer has the power to act for the victim and collect all the necessary documents. These include the relevant medical records, police reports, witness statements, camera footage, and photographs from the accident scene.
They can also take lead on piecing together the case based on the evidence collected. Accident reconstruction and fact layouts play a central part in the negotiations, so it helps to have a pro building it up.
Negotiate on the Victim's Behalf
Dealing with an insurance company is no mean feat, especially when asking for money. There are various types of policies that can come into play, each with its own set of complications. The at-fault insurance company is likely to try to push the figure down, settling for as low a number as possible. Sometimes, hardball offers can throw victims and result in them receiving far less than they deserve.
Negotiating is where most settlements are made. Law firms and insurance companies go toe to toe with evidence, case details, and strong wills, with the attorney doing all they can to push forward the rights of their client. Somebody who has been severely injured or is suffering from emotional trauma as the result of an accident that was not their fault is most likely not in the correct mindset for such a battle, which is why they need someone on their side.
Take the Weight Off so the Victim Can Recover
After a fall, accident, or injury, it can take a lot out of a person trying to recover. A trial only makes that process harder. Letting an attorney carry the burden and lead the way is the best course of action for the health and well-being of any injury victim. Medical treatment can take time- perhaps too much time to launch a case alone within the statute of limitations. Don't wait to get the ball rolling- contact a Long Island attorney right away.
Fight for a Fair Settlement Agreement
The financial stress of an injury, especially one caused by someone else's negligence, is enough to up-end a person's life. It is difficult to put a figure on the value of one's own pain and suffering, and many people do not know where to begin or what to expect. When someone finds themselves in this position, the best place to turn is to an experienced attorney.
Fighting for a fair settlement involves more than just the negotiations: it is in the details of every element of a case. That is what an attorney can deliver.
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Alex Maltese and his firm are first class and they always made you feel as if you were their only client. The communication was always timely, professional and courteous. I can't thank them enough.
- Dina V.
You always know that the entire staff truly cares. I am extremely pleased with my settlement and thankful that they helped make an unpleasant experience more than bearable.
- John D.
Alex Maltese is a professional and compassionate attorney. I never felt as if I was a burden. He always answered my questions in a timely manner. The attorneys and staff are accommodating.
- Alex D.
Why Choose The Law Office of Carl Maltese as a Personal Injury Law Firm?
Finding the right personal injury attorney in Long Island takes research. Luckily, at The Law Office of Carl Maltese, the team has a proven track record of excellence in this field. Hiring a personal injury law firm to help seek financial compensation is the wise choice for anyone suffering from injuries caused by an accident that was not their fault, but it has to be the right one.
When it comes to a Long Island personal injury lawyer, The Law Office of Carl Maltese cares deeply about the clients it represents and adheres to a strict attorney-client relationship policy. Anyone in need of a legal professional to assist with a personal injury matter should contact us today for a free consultation. Here are some core reasons to pick The Law Office of Carl Maltese as a Long Island law firm.
As a law firm, we have decades of combined experience in personal injury law. We have represented the people of Long Island and New York State for years, proving time and time again that we are the best at what we do.
The personal injury lawyers on this team are dedicated to every case and do all they can within their power to see that justice is done. With the client's interests at the heart of everything we do, The Law Office of Carl Maltese fights passionately to win a fair settlement.
We pride ourselves on our professional attitude and track record of success. All the personal injury lawyers at The Law Office of Carl Maltese are trustworthy, reliable, and have a reputation for going the extra mile for their clients. Injury victims can rely on the track record of this team to do right by them.
Contact Our Legal Team Today to Arrange a Free Consultation
The personal injury lawyers at The Law Office of Carl Maltese are the best at what they do. If you have a personal injury claim and require top-quality legal assistance, do not hesitate to call the number on our site. We offer a free initial consultation and free case review to all new clients to make sure they start off strong.
When you suffer an injury that was not your fault, the recovery can be a long and painful road. Receiving the financial compensation you deserve can support you in your journey and help to begin healing some emotional wounds. Let an expert personal injury attorney from The Law Office of Carl Maltese help make that a reality.