Accidents can be difficult to move on from both physically and financially. Injuries from these accidents can disrupt your life in many ways, but the costs of treatment, missed time at work, and other financial losses that can accompany an accident can be just as damaging.
If someone else caused your accident, your damages might be their financial responsibility—not yours. Hempstead personal injury attorneys can help victims figure out who the liable parties are, how much compensation you are entitled to, and how to pursue it.
Types of Personal Injury Cases Our Lawyers Handle
There are many types of situations that can give rise to a personal injury case. Common personal injury claims result from:
- Truck and automobile accidents
- Construction accidents
- Railroad disasters
- Slip and fall accidents
- Nursing home abuse
- Medical malpractice
- Defective drugs or medical devices
A Hempstead personal injury attorney may be able to help you with other types of accidents that are not listed here. No matter what type of claim you have, it’s worth reaching out to us.
Filing a Personal Injury Claim for a Wrongful Death
If your loved one passed away as a result of a personal injury accident, the following family members can contact a wrongful death lawyer to file a claim:
- A child of the deceased
- A parent of the deceased
- A spouse of the deceased
- The personal representative for the estate of the deceased
After a death that was caused by another party’s negligence, you can collect compensation for your family’s pain and suffering as well as medical bills and burial or funeral costs.
Hempstead Personal Injury Lawyer Near Me 877-751-9800
Negligence Is Key to a Personal Injury Case
Most personal injury cases are based upon an act of negligence. For a personal injury case to exist, the following elements of negligence typically need to be in place:
- The defendant owed the plaintiff a duty of care to behave a certain way.
- The defendant failed to uphold this duty.
- This failure harmed the plaintiff.
- The plaintiff sustained financial losses as a result of this harm.
There are laws that add nuance to this process, such as those governing employer liability or medical malpractice. A Hempstead personal injury lawyer can help you understand the specific laws that pertain to your case and guide you through the entire legal process.
What if You Are Partially at Fault for Causing the Accident?
In the state of New York, the comparative negligence law allows you to recover even if you were partially to blame. The amount you recover, however, will be reduced in proportion to your percentage of negligence.
A personal injury attorney in Hempstead can help you prove the other party’s negligence and protect you from being assigned more of the blame for the accident.
Damages in Injury Claims You May Be Entitled to Receive
It’s important to understand the potential value of your damages. This amount will help you determine if a settlement offer is fair or if you should take your case to trial. Some general damage categories that may be available in New York personal injury cases include:
- Medical care: The negligent party may be financially responsible for all of the medical treatment required for you to make a full recovery.
- Property damage: If any of your property was hurt or destroyed in the accident, like your car or cell phone, you can request the cost of getting it repaired or replaced.
- Loss of income: If you had to miss work, lose benefits, or sacrifice income due to your accident or recovery process, this type of loss can also be added to your claim.
- Reduced earning capability: If your serious injuries prohibited you from working or permanently lowered your income, you may deserve compensation.
- Pain and suffering: You may also be able to recover from the physical and mental anguish caused by your injuries.
How Your Damages Will Be Calculated
Other types of damages not listed here may also be available in your case. A Hempstead personal injury lawyer can calculate your damages. These calculations can backed up by using evidence such as:
- Your medical records and bills
- Income documents from your work or tax forms
- Receipts for damaged property or out-of-pocket expenses
- Expert witness testimony
- Precedent from past cases
How Long Do You Have to Sue for Personal Injury in New York?
New York has various statute of limitations laws in place that determine how much time you have to file a personal injury lawsuit including:
- Personal injury and defective drug lawsuits: three years, per CVP § 214
- Medical malpractice lawsuits: two years and six months, per CVP § 214-A
- Lawsuits against a government agency: Ninety days to file a Notice of Claim, per GMU § 50-E
If you miss a deadline in your case, it could mean that you lose your right to sue. By contacting a Hempstead personal lawyer soon after your accident, you can be informed about your case’s specific legal deadlines.
How a Personal Injury Lawyer Can Help You
When you hire a Hempstead personal injury attorney to represent you, you can expect them to:
- Speak with all other parties and their representatives on your behalf
- Collect evidence that establishes the defendant’s liability and the value of your damages
- Initiate legal action by filing insurance claims or lawsuits on your behalf
- Negotiate with the other party’s representatives for a settlement offer
- Take your case to trial if necessary
- Continuously update you on what’s happening in your case, your options, and any decisions you need to make
Many personal injury lawyers provide their services on a contingency-fee basis, meaning clients do not have to pay anything unless their case is won and they receive payment for their damages.
Get Your Free Consultation Today from Morelli Law Firm
Morelli Law Firm offers free, no-obligation case reviews to accident victims in Hempstead. This is an opportunity for you to discuss your case and your legal options with our team and learn more about what we can do for you.
One of our compassionate and experienced Hemstead personal injury lawyers can help you fight back against the individuals whose negligence caused you pain.