Powerful Representation for All Injury Claims
At Foley Griffin, our experienced lawyers have the skills and resources to handle a wide range of injury claims, including:
Negligence Laws in New York
Like most other states, personal injury cases in New York are based on the concept of negligence. Understanding New York’s negligence laws can help you understand who is liable for your injuries, who shares part of the blame, and what amount of compensation you may be able to recover. Our attorneys are intimately familiar with these laws and can use this knowledge to help you pursue every penny you deserve.
The following general negligence laws may apply to your case:
- The definition of negligence: New York’s definition of negligence is broad. In simple terms, negligence occurs whenever someone fails to act in a reasonable manner under the circumstances, resulting in harm to another person.
- Pure comparative negligence: Under New York’s pure comparative negligence laws, a plaintiff’s eligible compensation may be reduced based on their proportion of fault for the accident that caused their injuries. For example, if you are injured and suffer $10,000 worth of damages but are found to be 20% at fault, you will only be able to recover a maximum of $8,000 (or $10,000 less 20%). As long as you are not 100% responsible for the accident, you are still eligible to recover damages.
- Assumption of risk: New York does not bar a person from recovering compensation if he or she made an assumption of risk prior to the accident. In other words, if you were injured during surgery, while skydiving, or during some other activity that carried some level of assumed risk, you will not be automatically prevented from seeking compensation.
New York Personal Injury Statute of Limitations
Like any other type of legal action, there is a certain time period that you have to file a lawsuit in civil court before your ability to sue expires. This is known as a “statute of limitations.” In New York, the statute of limitations for most personal injury claims is three years from the date of accident. There are shorter time periods including claims against the government.
If you file a lawsuit after this deadline passes, your case will almost certainly be dismissed and you will be unable to seek compensation for your injuries. For this reason, it is imperative to contact a trusted personal injury lawyer as soon as possible after an injury to be in compliance with all applicable deadlines.
Don’t Face Insurance Alone. Get the Full Compensation You’re Owed.
When your financial recovery is dependent on you getting past an insurance company’s defensive line of adjusters and attorneys, you need to have an experienced attorney on your side who can ensure that your voice is heard and your needs met.
Our Nassau County accident law firm may be able to help you recover compensation for:
- Economic Damages – Medical bills, therapy costs, wage and income loss, loss of earning capacity, property (e.g. vehicle) damage
- Non-economic Damages – Physical pain and suffering, emotional trauma, loss of enjoyment of life, loss of companionship (wrongful death)
If you hire us, you can be confident that you are benefiting from our undivided focus, full resources, and collective experience and insight. We only take on a limited number of personal injury cases at a time to ensure that each client receives the personalized attention and proven representation for which we are known. If we take your case, it means we really believe in it and are ready to go the distance to secure the results you need and deserve.
Tips for Preparing a Solid Personal Injury Claim
Accidents are often unpredictable and can happen to anyone, anywhere, and anytime. In the aftermath of an accident, the chaos can make the claims process even more stressful and confusing. To make sure that you prepare a solid claim that can help maximize your compensation, follow these basic tips. If you need assistance, don’t hesitate to consult an experienced personal injury lawyer in Nassau County at Foley Griffin.
During the personal injury claims process, remember to do the following:
- See a doctor. One of the most important things you will need for your claim is the medical records to prove that you were injured. Even if you felt fine after the accident, you should always check to see if you suffered any underlying injuries. Don’t forget to attend all of your doctor’s appointments, keep track of your bills, and to follow through with your doctor’s treatment. Missing out on treatments or appointments can give the insurer a reason to deny your claim.
- Preserve evidence. Another component to your claim is the evidence. Remember to take pictures of your accident, the scene, witness information, and any other evidence related to your case. In some cases, such as slip and fall cases, you may need to obtain video surveillance.
- File your claim immediately. Personal injury claims have time limits that usually start from the date of the injury. In New York, you have three years from the date of the accident to take your case to court. If three years goes by and you don’t file a claim, you may lose your right to seek compensation.
- Disclose all preexisting injuries. Usually preexisting injuries will not bar a person from recovering compensation. It is always a good idea to be honest about your past accidents and injuries. If the accident aggravated your past injuries, you may still be able to recover compensation.
- Stay off of social media. The worst thing you can do for your case is post on social media that you are fine or post pictures of you partying when you should be recovering from your injuries. Defense lawyers will usually do a social media search to find anything they can use against you.
- Hire an experienced personal injury attorney. A personal injury lawyer is trained to evaluate claims and to negotiate with insurers for the highest compensation possible. Your attorney can tell you how the law works and walk you through the process. Your attorney can also tell you whether an insurer’s offer is fair or if you can negotiate for a higher settlement. If your case goes to court, it is essential that you have an attorney who is skilled at litigating and comfortable in the courtroom.Having someone who is experienced and knowledgeable representing you can mean the difference between a low settlement or a high settlement.
Work with Experienced Nassau County Personal Injury Lawyers
Put a team of trial-tested Nassau County personal injury attorneys who bring decades of combined experience to your case. We have recovered millions of dollars in verdicts and settlements for our clients and we are ready to help you next. Start with a free initial consultation to discuss your options and what your case may be worth.
Get answers and get justice! Contact us online or give us a call at (516) 980-3692 today to learn how our Long Island personal injury attorneys may be able to help you.
