If you were recently injured due to another person’s negligence, you may consider handling the issue privately or want to avoid making a spectacle of the accident. But the negligent party may owe you a significant amount of money, and approaching your next steps incorrectly could cause you to lose out on these funds.
It may be in your interests to hire a personal injury lawyer in Queens, NY, to represent you. Learn a few specific instances when this approach makes sense below.
Understanding Whether You Have a Personal Injury Case
In 2024, there were approximately 54 million preventable injury cases across the U.S., including over 197,000 preventable deaths due to injuries. This includes approximately 2.4 million motor vehicle-related injuries.
If you were injured in a preventable accident, it is worth considering whether another party may have been liable. Negligent claims may arise when all four of the following requirements are met:
- The other party owed you a duty of care.
- The other party breached their duty of care.
- Se produjo un accidente a causa de la infracción.
- You suffered damages in the accident.
A few common types of personal injury cases in the U.S. include:
- Car accidents
- Trip/Slip-and-fall incidents
- Medical malpractice events
- Product liability cases
- Workplace accidents
- Dog bites and animal attacks
- Other premises liability incidents
If you believe your case may meet the above criteria, you may have the right to seek compensation from the at-fault party.
Signs You Need a Personal Injury Attorney
Hiring a personal injury lawyer in New York can be helpful, no matter the type of injury case and the severity of your injuries. These professionals have extensive training and experience in personal injury law and can help you understand and protect your rights.
However, there are several instances in which working with legal counsel may be especially beneficial.
Your Injuries Are Severe
Car accidents and other personal injury incidents often result in a few bumps and bruises that can heal on their own. But if you experienced severe injuries due to another person’s negligence, they may owe you a significant payout.
New York’s “serious injury threshold” allows car accident victims to pursue compensation from the at-fault driver only if their injuries meet certain standards, such as disfigurement or permanent loss of use of a body part. In these cases, you may be able to pursue damages beyond an insurance claim and increase your payout significantly.
However, suffering from severe injuries can also reduce your capacity to navigate a legal case. An attorney can manage the legal process for you while you focus on healing.
The Insurer or Defendant Is Disputing Liability
If your case is straightforward and the defendant has admitted fault, you may not need an attorney. But liability disputes can complicate your case, and you may need an attorney to advocate for your rights.
Insurance companies often argue a lack of evidence, policy lapses, or conflicting statements to assert that their policyholder was not at fault in your accident. Your attorney can counter these attempts with additional evidence and assess whether the insurer may be acting in bad faith.
Your Case Involves Multiple Parties
If multiple parties share liability in your accident case, you may have trouble keeping the defendants straight or even understanding how to proceed with a legal claim. An attorney can help you sort through fault percentages and stay on top of communications with all parties. They can also seek the maximum compensation from each party to potentially increase your overall payout.
You Are Nearing the Statute of Limitations
The statute of limitations in New York for personal injury cases can range significantly depending on the type of accident. For example, the deadline for medical malpractice cases is typically two years and six months from the end of continuous treatment rendered by the party you intend to sue. Car accidents and slip-and-fall cases typically have a three-year statute of limitations, while the deadline for wrongful death is generally two years.
If you are nearing any of these deadlines or are unsure which applies to your case, an attorney can help.
Your Case Involves a Government Entity
Some personal injury cases have a government entity as the defendant. For example, perhaps you slipped and fell because of a damaged sidewalk that the City was responsible for repairing.
If you are suing New York City or New York State, specific deadlines apply to your case. You must give notice within 90 days and file the lawsuit within one year and 90 days of the incident. Government entities often have strong legal teams, which means having your own experienced attorney is important.
You Want To Maximize Your Payout
If you want to walk away from your personal injury case with a sufficient payout that covers your injuries and other damages, working with a seasoned attorney is wise. They know where and how to gather strong evidence, have extensive experience with negotiations, and can fight for your rights to compensation throughout the process.
Request a Free Consultation With a Personal Injury Law Firm
If you are ready to speak with a personal injury lawyer in New York about your case, Elliot Ifraimoff & Associates, PC, is available for a free consultation. Call 718-205-1010 to request your consultation, then explore personal injury settlement mistakes to avoid.
Preguntas frecuentes
Are you required to have a lawyer for a personal injury case?
You are not required to have a lawyer for a personal injury case and can represent yourself if preferred. However, hiring a lawyer is often wise, especially if you have little legal experience.
Should you call a lawyer immediately after a personal injury accident?
It may not hurt to call a lawyer immediately after your accident to discuss your options and how they can assist you.
How can a lawyer assist your personal injury case?
A personal injury lawyer in New York can assist you by explaining your legal rights and options, filing legal paperwork on your behalf, gathering evidence to support your case, communicating with all parties, representing you in settlement negotiations, and much more.
Disclaimer: This article is provided for informational and educational purposes only and does not constitute legal advice.