Personal injury lawyers help victims recover compensation for injuries and damages that someone else’s negligence caused. They do this by helping clients with insurance claims and/or civil lawsuits.
Personal injury lawyers handle insurance claims
Many types of personal injury cases begin with an insurance claim. Depending on your accident, this may involve your personal injury protection (PIP) insurance, another party’s automobile insurance, a renters or homeowners policy, or business liability insurance.
Your attorney will investigate your accident, determine liable parties, and initiate the claims process. Working with a lawyer from our firm provides you with a representative who can speak on your behalf. They can help you avoid pressure from the insurance company to settle, and they will negotiate to try and get you the maximum settlement amount.
Our personal injury attorneys can help with your lawsuit
We can help you pursue compensation through settlement or via a lawsuit. It is important you give your attorney enough time to work through the insurance claims process and build your case for civil court.
According to NY CPLR § 214-C, you have three years to file a personal injury lawsuit. NY EPT § 5-4.1 allows two years to file a wrongful case. The clock on the statute of limitations begins at the time you sustained your injuries. Shorter statutes of limitations apply to case involving municipalities and other governmental entities.
What types of accidents fall under the personal injury law umbrella?
Personal injury cases include but are not limited to:
Motor vehicle accidents
This includes car, truck, bus, motorcycle, and 18-wheeler accidents. It also includes accidents involving vehicles and bicyclists or pedestrians.
Premises liability cases seek compensation for accidents that happen on another person’s property because of a failure to take proper safety measures or property maintenance issues. Dog bite injuries, slip and fall accidents, negligent security cases, and swimming pool accidents are all examples of this type of case.
Malpractice cases center on mistakes made due to a health care provider’s negligence. They involve medical errors, wrong-site surgeries, missed or wrong diagnoses, and certain failed procedures.
A personal injury attorney from our firm can help if you suffered an accident due to unsafe work conditions. These types of cases include falls, equipment-related accidents and injuries, and illnesses caused by contact with harmful materials.
These cases relate to dangerous, faulty, or defective products. Product liability may come into play during other types of personal injury cases. For example, a car accident case may also involve product liability if a vehicle or vehicle component issue contributed to the victim’s injuries. Medical malpractice cases may involve a defective device.
Negligence and damages
To win compensation for your personal injury, you must prove another party’s negligence caused your accident and related financial losses.
The Legal Information Institute (LII) defines negligence as, “A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.”
Your lawyer under the correct ethical standards will work to prove:
- The party liable for your accident owed you a legal duty of care
- The liable party breached this duty of care
- You suffered injuries and damages
- Your injuries are a result of the liable party’s actions
How will your attorney prove your case?
Your personal injury attorney will use a variety of evidence to establish negligence. This could include:
- Witness accounts
- Expert testimony
- Data from the accident scene
- Medical records, expert medical opinions
- Photographs and/or videos
Your lawyer will use other evidence that proves you have suffered financially, such as your medical bills and wage records.
You may recover the costs of your medical treatment, damaged personal property, and lost wages. You may also receive compensation for your future medical care, your loss of earning capacity, and your pain and suffering.
What will it cost you to work with a personal injury lawyer?
Many personal injury lawyers work on contingency. Our firm can take your case at no upfront cost to you. Our fees are paid out of your successful settlement or verdict.
If we do not win compensation, you owe us nothing. This allows you to seek justice without adding to your accident-related expenses.
Call Oresky & Associates, PLLC, to schedule a free case evaluation
Our personal injury attorneys have helped accident victims win multimillion-dollar settlements and verdicts, including:
- $18 million verdict for a construction accident
- $5 million for an automobile accident
- $1 million for a trip and fall accident
Call (718) 993-9999 to speak with our team about how we can help you. Our staff speaks Spanish and English, so we can assist you in the language you prefer.