If you have been injured as a result of another person’s negligence, you may be able to recover compensation in a personal injury lawsuit. Whether you are preparing to file a claim or had an insurance company deny your claim, a lawyer may be able to assist you with your case.
A personal injury attorney in New Rochelle from Morelli Law Firm can work tirelessly to protect the rights of individuals who have been hurt in accidents. If successful, a personal injury lawsuit could provide compensation for your medical bills, lost wages, pain and suffering, and even wrongful death.
Working With a New Rochelle Personal Injury Lawyer
If you have never filed a personal injury claim before, you may not know what to expect. The first thing you should do after an accident is seek medical attention. A New Rochelle personal injury attorney can guide you through legal processes for your case and manage your claim in several ways, including:
- Investigating the accident to determine fault and liability
- Collecting evidence to support your claim
- Establishing your damages and your case value
- Gathering and submitting all paperwork to the insurance company
- Negotiating a settlement with the insurance adjuster
- If necessary, taking the at-fault party to trial
While you concentrate on recovering from your injuries, your attorney can handle your case.
Have You Been Injured In An Accident? Contact Morelli Law877-751-9800
The Cost of a New Rochelle Personal Injury Law Firm
The good news about seeking help from attorneys in New Rochelle is that most law firms represent on a contingency-fee basis. This means you are not required to pay a fee unless and until you win compensation. Once you receive a settlement from the at-fault party (or a court award if the case goes to trial), your attorney will take an agreed-upon percentage as payment.
Typically, working with a New Rochelle attorney for personal injury claims results in higher payouts for accident victims even after the law firm recoups its fee.
Additionally, the Morelli Law Firm provides all prospective clients with a FREE, no-obligation case evaluation. We’ll take a look at your case and determine whether we can help you. If so, you hire us on a contingency basis and pay us only if we recover money for you. If not, you pay nothing at all!
Recoverable Damages in a Personal Injury Case
How much your case may be worth depends on the extent of your damages. The damages in a personal injury case may include:
While you recover from your injuries, you could be kept from working. As a result, you may not receive a paycheck for several weeks. You can be entitled to compensation for lost wages, bonuses, tips, or benefits. Your employer can confirm how much income you have lost.
These costs can include immediate or long-term medical care. You can possibly claim your visit to the ER, surgeries, hospital stay, physical therapy, or pain medications. If you are temporarily or permanently disabled, an attorney can calculate your projected future medical costs.
Pain and Suffering
You may have non-economic damages such as long-term physical pain and discomfort, emotional trauma, loss of consortium, or loss of joy of life. A lawyer can help you estimate how much your pain and suffering may be worth and use this figure in settlement negotiations.
If your family lost a loved one due to someone’s negligence, you may be able to recover compensation in a wrongful death lawsuit. These damages may include burial costs, funeral expenses, lost household income, pain and suffering, or medical expenses prior to death.
Types of Personal Injury Accidents
The type of accident you were in determines who is responsible, how the accident occurred, and what damages you can claim. New Rochelle personal injury lawyers represent clients in a variety of personal injury cases, including:
- Construction accidents
- Medical malpractice
- Truck accidents
- Car accidents
- Bus accidents
- Railroad accidents
- Nursing home abuse
- Wrongful death
- Premises liability
- Pedestrian accidents
- Bicycle accidents
- Defective products
- Slip and falls
These are not the only types of personal injury cases. Any situation where you were injured due to the negligent actions of a party that owed you a duty of care may warrant a personal injury lawsuit.
Determining the At-Fault Party in Your Personal Injury Claim
There are many different parties who might be responsible for paying you compensation after a serious accident, depending on the type of personal injury case you have. A personal injury law firm can go through the details of your claim to determine all the parties who share liability for causing you harm.
Examples of people and organizations that may be held liable for injuries you suffer include:
- Drivers of vehicles that cause wrecks
- Property owners
- Businesses in which a slip and fall accident occurs
- Trucking companies
- Product manufacturers (including car and truck part manufacturers)
- Pharmaceutical companies that supply defective drugs
- Doctors, nurses, hospitals, and other healthcare providers
- Government entities
It’s important to determine all the groups responsible for your injury so that you have as many avenues toward compensation as possible.
For example, a single person may not have enough funds to cover the true costs of your injury. However, if a larger organization also shares the blame for your accident, your attorney for personal injury claims can sue them as well.
Proving Liability in a Personal Injury Case
In order to receive compensation for your damages, you may need to first prove that the other party was responsible for your damages. A personal injury attorney in New Rochelle can investigate your accident and gather evidence that substantiates your claim. Evidence that may be collected and reviewed include:
- Photos and videos
- Statements from witnesses
- Expert testimony
- Medical reports
- Clues at the accident scene
- Accident and police reports
This evidence may allow you and your legal team to identify those responsible for the accident and hold them accountable for paying you what they owe.
Shared Fault Rules in New York
In some personal injury cases, the party you are trying to hold liable for your injuries may argue that you’re to blame for a portion of the accident. If you do share some level of fault, the total amount of compensation you can receive from other at-fault parties may be adjusted.
In the state of New York, if you are in any way responsible for the accident, the original monetary value you would have been reimbursed, will decrease by the percentage you’re liable for. This is called the “pure comparative negligence” rule.
For example, if you were to initially receive $10,000, but were found to share 10% of the blame for the incident, your damages would decrease to $9,000. These numbers can be negotiated with the help of your New York personal injury attorney.
You May Need to File a Personal Injury Lawsuit
It may be necessary to file a personal injury claim to protect your best interests. Some reasons why a lawyer may need to file a lawsuit on your behalf include:
- The value of your claim is more than the defendant’s settlement offer
- The other party disputes our claim
- The defendant claims that you are partially liable for the accident
- The insurance company is not cooperating
- You sustained serious injuries or are disabled
- The statute of limitations for filing your personal injury claim is about to expire
You may not have to go to trial or begin with a lawsuit. Your New Rochelle personal injury attorney can attempt to settle your claim as quickly as possible while helping you recover maximum compensation.
Don’t Accept the Insurance Company’s First Offer
After the initial incident that led to your injury, the at-fault party’s insurance company will likely contact you about a settlement. Do not accept that initial offer. It’s crucial for a personal injury attorney to take a look at your claim, evaluate your damages, and dig into the details to determine how much you are truly owed.
If you accept a settlement offer or check from the opposing insurance company, this almost certainly prevents you from further legal action. In other words, you would be unable to file a claim for compensation if it is later determined that they should have paid you much more.
Your best option is to refrain from speaking to or communicating with the other party’s insurance company until after you have met with an attorney. Having a personal injury lawyer with you during those meetings can also help protect you from being taken advantage of.
Do Not Miss Deadline for Your Personal Injury Claim
According to New York Civil Practice Law & Rules § 214, you generally have three years from the date of the injury to file a lawsuit. Some circumstances, such as actions against public corporations per GMU Section 50-E, could require you to take legal action even sooner in your case.
If you fail to file a claim against the at-fault party or their insurance company within the legal deadline, you may no longer be eligible to pursue compensation via a lawsuit. An attorney can help you gather all documents and process your lawsuit within the legal deadlines.
Contact Morelli Law Firm to Get Started With Your Case
If you were hurt in an accident due to the negligence of another party, one of our personal injury lawyers in New Rochelle at Morelli Law Firm may be able to represent your case and pursue compensation on your behalf.
To find out more about our legal services and how we can work in your best interest, call for a free case evaluation with a member of our team in New York.