According to the New York State Department of Health, over 1.5 million New Yorkers are treated for injuries annually. Among these, over 155,000 suffer serious injuries that need hospitalization. For many individuals, such injuries result in expensive medical bills. On top of that, they can experience other side effects such as pain, suffering, disfiguration, and lost wages.
You may be entitled to compensation if you have been injured in an accident. This can be in the form of medical costs and the pain and suffering you experienced. You can also sue the party that caused the accident for punitive damages. In such a case, hiring a personal injury lawyer in New York guarantees you the best possible outcome in your claim.
Should You Hire a New York Personal Injury Lawyer?
After suffering an accident during an injury in New York, you may be left wondering about your next steps. The good news is that you don’t have to pursue a compensation claim alone. Instead, you can hire a personal injury law firm to defend your interests. Below is a look at how an attorney can protect your rights and ensure you get the compensation you deserve.
To Help You Navigate the Complex Legal System
New York has complex personal injury laws, which might be hard to navigate if you don’t have any legal experience. The statute of limitation is one of these complexities, as it places a deadline on when you can file a personal injury claim.
For most injury claims in New York, you must file a lawsuit within three years of the accident. However, you have 30 months to file a claim if the injury occurred due to medical malpractice. The time limit is even shorter if you’re suing the government, as you must give notice of a formal complaint within 30 days and file a lawsuit within a year.
Due to the tight deadlines, you can lose a chance to receive compensation for your injuries. And on top of the time limitation, you must also deal with a lot of paperwork, where mistakes can be costly.
So, hiring a personal injury attorney is vital when filing a lawsuit. Their knowledge of the New York personal injury laws can ensure that legal technicalities do not hinder your rights. On top of that, they can use their experience, skills, and connections to help expedite the filing of the lawsuit, thus fast-tracking your compensation.
To Help You Find Proof to Support Your Injury Claim
Suffering an injury during an accident is not always enough to guarantee you will receive compensation. In most cases, you must prove that the party you’re suing was at fault, negligent, reckless, or intentionally caused the accident. On top of that, you may be asked to provide proof of your injuries or show that their actions led to your injury.
Unfortunately, proving such facts in court can be tricky, and you can encounter various challenges. For example, in the case of a car accident, New York uses a “no-fault” law that requires you to file a claim against the insurance company. Therefore, when filing a personal injury lawsuit against the party at fault, you must provide evidence that you suffered serious injuries.
Hiring a personal injury lawyer in New York is thus the best way to protect your interests when filing a claim. The attorney can investigate your accident to find proof that the party you’re suing was at fault or liable for the injuries you experienced. They can also analyze the available evidence, including your injuries and medical reports to show that you suffered harm and deserve compensation.
To Help You Receive Maximum Compensation for Your Injuries
New York doesn’t have damage caps for most personal injury claims. This is great as there is no limit to the compensation you can receive. However, the lack of limitations on damages does not guarantee a high payout.
On top of that, when filing a personal injury claim, you may encounter challenges calculating the damages suffered. First, there is no precise formula that you can use to reach a figure for your compensation. Secondly, it can be difficult to quantify damages for claims involving pain and suffering, lost earnings, and emotional trauma.
Another factor that can affect your personal injury compensation is New York’s contributory negligence law. Under the law, the amount you’re owed can be reduced if you’re found to have contributed in some way to the accident that caused your injuries.
The above factors can significantly diminish your ability to receive the rightful compensation for your medical bills and the pain and suffering experienced. So, hiring an accident injury attorney when filing a personal injury claim in New York is vital. The lawyer can use their skill and experience to protect your interests, ensuring you receive the maximum compensation for your injuries.
To Negotiate With Insurance Companies on Your Behalf
When filing a personal injury claim in New York, you’ll likely deal with an insurance company. Receiving compensation for your injuries should be a simple process. Yet, it can be a slow and frustrating experience.
Many factors can affect your compensation when dealing with insurance companies. For example, the insurance provider can deny your claim. For example, you can be denied compensation if you make errors when filing a claim or miss a deadline. On top of that, insurance companies can use bad-faith tactics to avoid paying you. For example, they can blame you for the accident. They can also use delay tactics, forcing you to settle for a lesser amount.
So, hiring a personal injury lawyer in New York can be beneficial when dealing with insurance companies. They can use their legal skills to ensure that false claims or legal technicalities do not deny your compensation. They can also use their negotiating skills to guarantee a timely payment, which can be vital when you need urgent medical care.
To Negotiate Settlements for Your Personal Injury Claim
We’ve already established above that personal injury lawsuits involve complex legal processes. You also have the burden of proving fault, negligence, intent, and causation in a court. On top of that, you’re not guaranteed a win in court, and even if you do, the amount received could be lower than what you deserve.
A lengthy court case is another challenge you may have to contend with when filing a personal injury lawsuit. This can be a harrowing experience if you’re relying on compensation for your medical bills. Worse still, compensation can be your only source of income if you’ve lost your job or suffered a disability that leaves you unable to work.
When filing a claim, hiring a personal injury attorney can help you avoid these dire outcomes. Your attorney can negotiate a settlement with the party you’re suing, thus ensuring you’re paid a deserving amount. The settlement can also save you from lengthy legal proceedings.
When to Hire a New York Personal Injury Lawyer
We have already seen how hiring a personal injury lawyer in New York can help protect your rights when seeking compensation. But when is the right situation to hire a lawyer? Below is a look at various accidents that a personal injury attorney can come in handy:
You are entitled to compensation if you’ve been injured in a car accident in New York. Under the state’s no-fault insurance coverage, your insurance company should pay for your medical bills and other damages.
Unfortunately, New York’s no-fault insurance limits potential payments to $50,000. In addition, the compensation can drop to $25,000 when filing a third-party liability claim against another driver.
While no-fault compensations in New York are usually fast, the limits imposed may not cover all of your medical expenses. On top of that, the payment may not reimburse you adequately for lost wages, pain and suffering, mental anguish, and other damages.
So, the best course of action is to hire a car accident lawyer, who can then file a personal injury claim against the driver or the party that was negligent in the accident. This can allow you to claim more for the injuries and damages suffered, thus ensuring you’re adequately compensated.
Workplace injuries in New York are handled through workers’ compensation insurance. The coverage offers compensation for medical expenses incurred for injuries such as broken bones, lower back pain, neck injuries, burns, and knee injuries. In addition, you can receive benefits for lost wages and any disabilities sustained.
However, workplace compensation claims in New York can be complex. For example, you must file the claim within two years of the accident or noticing the injury. The benefits offered are also based on the degree of disability you’ve suffered. It’s also possible that the insurance company you’re dealing with can reject your claim, or part of it, resulting in lower compensation.
So, a personal injury attorney is vital when filing a workplace injury claim in New York. They can help you navigate the workers’ compensation laws and negotiate with the insurance company, guaranteeing maximum benefits. Your lawyer can also work with a pain specialist in proving the extent of any disability you’ve suffered, thus protecting your interest and rights.
A personal injury attorney can also help you file a lawsuit against your employer if they don’t have workers’ compensation insurance. They can also assist you in suing your employer or other third parties if they intentionally caused your accident. Such a lawsuit can include a punitive damages claim, leading to a higher payout.
Slip and Fall Accidents
Slip and fall accidents are other common causes of injuries in New York. You can suffer such an accident in various places, including a supermarket, office building, construction site, home, public property, etc. In most cases, you’ll be entitled to compensation, payable by the property owner’s premises liability policy.
However, filing a slip and fall injury claim can be challenging. For example, you must offer proof of negligence, i.e., the property owner knew about unsafe conditions that led to your injury. You may also need to provide evidence of your damages incurred or even show that the accident was due to dangerous conditions, not your negligence.
Hiring an experienced slip and fall accident attorney is thus vital when filing a claim. The lawyer can help defend your rights by the negligence and liability of the property owner. They can also help you sue for other damages, such as ongoing medical expenses due to a long-term injury and lost wages. On top of that, they can help you file a personal injury claim seeking punitive damage if the accident resulted in serious bodily harm.
Dog attacks are another common accident that can result in serious injuries. Under the New York dog laws, a dog owner must pay for the victim’s medical bills in case of a dog bite. Therefore, you can receive compensation for medical costs if you’ve suffered such an attack. However, if you’re claiming other damages, you must prove, under the ‘one-bite’ rule, that the owner knew of their animal’s tendency for viciousness.
Proving such a claim alone can be difficult, so involving dog bite attorneys is essential. The lawyers can investigate the dog’s history, finding proof of prior attacks. Consequently, this can help you receive maximum compensation for other damages, such as lost wages, pain & suffering, disfigurement, and emotional suffering.
Besides a dog bite, you can also suffer serious injuries if attacked by another animal. For example, you can be attacked by a cat, ferret, horse, or a domesticated wild animal like a big cat or snake. In such a situation, hiring an animal attack injury attorney is essential. The lawyer can help you seek compensation for medical bills you’ve incurred and any other damages you might have suffered.
Accidents can lead to serious injuries, expensive medical bills, pain, suffering, lost wages, and other damages. Filing a claim against these damages on your own can be tricky. However, a personal injury lawyer can help you navigate the process and protect your rights. This can ensure that you receive the maximum compensation for the injuries suffered.