Getting injured in an accident can leave you with a lot of questions. How long will recovery take and who will pay for your medical expenses? If a lawsuit is necessary, how do you go about filing one? It can be overwhelming to answer these questions when dealing with the physical and emotional recovery process but, thankfully, you can seek guidance from a Long Island personal injury lawyer.
Many injury lawyers offer free consultations so you can ask questions without feeling pressured to commit to representation right away. We’ve answered some basic questions related to Long Island personal injury claims below, but an attorney can you give legal advice that’s more tailored to your specific circumstances.
What if I Shared Fault in My Accident?
Sharing fault in an accident shouldn’t dissuade you from pursuing a claim because New York has a pure comparative negligence law. This law allows anyone involved in an accident to recover compensation for the damages they’ve suffered regardless of the fault they contributed as long as they can prove negligence against other liable parties in the accident.
The court will calculate your percentage of fault and deduct this percentage from your overall settlement amount. Knowing the value of your claim before moving forward can be helpful in determining whether taking legal action is worth it.
Is There a Time Limit on Filing My Lawsuit?
New York has a statute of limitations in place for personal injury claims. It’s essential to speak with a lawyer as soon as your accident occurs so you can gather evidence and begin filing your lawsuit as soon as possible if you hope to meet the state’s deadlines and have your case heard by the court. If you don’t file quickly, you may lose out on the settlement money you deserve.
What Damages Can I Recover in My Injury Claim?
You can recover both economic and non-economic damages in your injury claim. Unlike an insurance claim which only allows you to recover medical expenses and lost wages, your lawsuit will maximize your settlement and allow you to account for every damage you’ve suffered.
Economic damages may include financial losses, such as medical expenses, lost wages, and property damage. Non-economic damages may include non-financial losses, such as pain and suffering, scarring and disfigurement, emotional distress, and loss of consortium.
Do I Have to Go to Court to Obtain a Settlement?
Attorneys work hard to avoid going to court by trying to settle cases through pretrial mediation; however, if the defendant in your case refuses to settle your case in mediation for the amount of money you deserve, then going to court may be necessary.
When you hire an experienced attorney who’s determined to maximize your claim, you shouldn’t hesitate to go to court because your attorney will be willing and ready to fight for you.
If you have other concerns that are keeping you from filing your lawsuit in Long Island, you should find a lawyer that offers free consultations and discuss your case with them. You’ll feel more comfortable after speaking with someone who knows the legal process and you can get your most pressing questions answered right away.
