When Should I Hire a Bronx Personal Injury Lawyer?

The simple answer is to hire a Bronx personal injury lawyer whenever another party causes your injury because of negligence, intentional acts, or other misconduct. Personal injury lawyers protect your best interests. They have skills and experience handling personal injury claims and lawsuits.

Accident attorneys have resources you do not have when pursuing a claim. They understand the compensation you can receive for an injury claim and fight to get you the maximum amount possible for your case.

Most personal injury lawyers offer free consultations, so getting legal advice after being injured in an accident does not cost you anything. The insurance companies will not give you advice that is in your best interest. Even if you have a “simple” personal injury claim, it is in your best interest to talk with a lawyer before talking with an insurance claims adjuster.

The insurance company has a team of attorneys, adjusters, investigators, and other professionals working to protect its best interests. Likewise, you deserve and need a legal team working to protect you.

Six Situations When You Should Hire a Bronx Personal Injury Attorney

Some personal injury cases might not need to be handled by an attorney. However, it can be difficult to know whether your case falls into that category until you meet with a lawyer. 

Before you make any decisions, consider these six factors that indicate you should hire a personal injury lawyer:

1. Someone Died in the Accident

Wrongful death claims in New York are governed by different laws than personal injury cases. For example, the statute of limitations for wrongful death lawsuits is two years from the date of death. Most personal injury lawsuits have a three-year filing deadline.

The individuals who can file a wrongful death claim, and the compensation they can receive, is set by law. There may be additional claims you can file for “conscious pain and suffering” experienced by your loved one before death. 

Wrongful death claims are complex, so you want an experienced lawyer fighting for justice for your loved one and your family.

2. You Are Being Blamed for the Cause of Your Injury

If the insurance company disputes full liability for the cause of your injury, talk with an attorney immediately. You could lose a substantial portion of your compensation for lost wages, medical bills, and other damages.

Injury victims have the burden of proving the other party caused their injury when they file a claim. If they cannot establish liability by proving causation and fault, they cannot recover money for their damages.

A common tactic used by insurance companies is shifting the blame for the cause of accidents and injuries to accident victims. According to New York’s contributory negligence law, an injured party’s compensation is reduced by their percentage of fault for the cause of their injury.

For example, if a jury finds that you are 40 percent at fault for the cause of a car accident, you lose 40 percent of the compensation for your injury claim. If your claim is worth $400,000, you would only receive $240,000.

The claims adjuster may try to trick you into saying something that could be used to allege contributory negligence. Therefore, it is in your best interest to talk with an accident lawyer before talking to an insurance adjuster. 

3. A Government Entity is Involved in the Case

Governments are protected from liability for most claims by sovereign immunity. However, you can hold the government liable for damages in many personal injury cases including, but not limited to:

• Falls on public property, sidewalks, and parking garages maintained or owned by the government
• Accidents involving government vehicles, including cars, trucks, buses, trains, and subways
• Injuries in work zones or construction zones
• Accidents and injuries in government buildings, including school accidents 
• Injuries caused by a government employee

Suing the government in New York is a complicated process. You must provide a Notice of Claim within 90 days of the injury date. You have just one year and 90 days from the date of injury to file a lawsuit.

4. You Sustained Catastrophic Injuries or Disabilities 

Catastrophic injuries include, but are not limited to:

• Traumatic brain injuries
• Paralysis
• Amputations
• Severe burns
• Disfigurement
• Spinal cord injuries

These injuries generally result in significant economic damages, life-threatening conditions, and permanent impairments. Therefore, it is crucial that you have medical experts evaluate your condition to provide expert testimony regarding the severity of your disability and impairment. 

It is also crucial that you have financial experts assist in valuing future monetary losses, including future lost wages, decreases in earning potential, and the cost of ongoing medical and personal care. 

Without a personal injury lawyer, you could receive much less than your personal injury claim is worth. You could be responsible for substantial financial expenses if you do not receive adequate compensation for a catastrophic injury claim. 

5. The Insurance Company Ignores or Delays Your Claim 

The insurance company might drag out your claim so that the statute of limitations expires, and you lose your right to sue the at-fault party for damages. It could also delay your claim to pressure you into accepting a low settlement offer merely to get some money and end the case.

Some insurance providers may be guilty of bad faith insurance tactics. These bad faith insurance tactics include:

• Refusing to investigate a filed claim
• Requiring you to provide unnecessary and cumbersome documents and paperwork
• Raising false allegations of comparative negligence
• Refusing to pay a valid claim
• Intentionally misleading you about the law, the terms of the insurance policy, or your legal rights
• Telling you that you do not have the right to seek legal advice about your claim

If an insurance company acts in bad faith or breaks the law, it can be liable for damages. Personal injury attorneys are familiar with the tactics used by insurance companies to cheat accident victims out of the compensation they deserve. They aggressively fight these tactics and hold insurance companies accountable when they act in bad faith.

6. Your Case Involves a Complicated Area of Law

Some cases involve complicated areas of personal injury law. We strongly recommend seeking prompt legal advice for cases involving:

• Medical malpractice
• Wrongful death
• Product liability
• Government entities
• Catastrophic injuries
• Multiple parties
• Workplace accidents or injuries
• Construction accidents
• Commercial trucks and vehicles 

Personal injury cases involving these matters can be more complicated and challenging to pursue. The laws and rules may be slightly different from the laws governing other personal injury claims. Search for a personal injury lawyer with experience handling the specific matter involved in your injury case. 

Contact Our Law Office for a Free Consultation with a Bronx Personal Injury Lawyer

At Oresky & Associates, our legal team fights for every dollar you deserve for personal injury claims. We aggressively pursue all parties who might be liable for your injuries and damages.

Contact us to schedule your free consultation with one of our experienced Bronx injury attorneys or an injury lawyer in Queens.