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According to the National Safety Council, there are an estimated 48.3 million injuries that occur each year in the United States. Though these situations occur across a range of environments, such as an employment facility, during an automobile accident, or while out and about within the community, there is no denying the pain, confusion, and potentially life-changing impact these events can have.
Physical injuries and emotional distress that occur due to the negligence or wrongful act of another individual or entity could be eligible for compensation under New York’s Consolidated Laws. A New York personal injury lawyer from Elliot Ifraimoff & Associates, can help pursue this entitlement through personal injury litigation.
There are no typical personal injury lawsuits, as each situation will have influencing factors according to the setting, the involved parties, and the nature of the injury. Automotive accidents are often considered the most common course of personal injury cases, given that there are approximately three million accident victims each year with two million of those individuals experiencing permanent injuries.
Your injury does not need to occur as the result of a car accident to be eligible for legal representation or compensation. Tort law covers acts or omissions that lead to the harm or injury of another party and imposes liability on the offending party. These could include:
Under tort law, relief is provided to the injured parties through a decision from the court. Litigation is used to help impose the legal consequences of the liability and achieve fair compensation for the injured party from an insurance company or defendant.
Tort law can vary according to the boundaries of state law and local court interpretation, and injured parties who file a claim seek monetary compensation as redress and restitution for the situation. Personal injury attorneys are knowledgeable about the complexities of tort law, and it is this experience that can help you receive the compensation you may be entitled to.
Though litigation is an opportunity to seek compensation for the impact of a personal injury situation, there are no guarantees that a personal injury lawsuit will be successful. There are four elements that must be clear when presenting a claim for there to be a greater likelihood of a verdict in favor of you, the plaintiff. These include a duty to exercise reasonable care, any failure to exercise reasonable care, causation, and the claims of actual injury and damages. These terms are understood as follows:
These matters are evaluated through the insight and advice of experienced personal injury lawyers. By scheduling a free consultation with us and reviewing any supporting evidence or documentation you may have gathered, one of our attorneys can determine if your situation will be able to meet the expected burden of proof for the case. Some potential claims could include wrongful death, loss of limb, spinal cord trauma, or permanent disability.
The goal of legal action is to achieve satisfactory results in your personal injury case, and the entire situation is assessed according to the context of tort law, policies of insurance companies, and the legal allowances for compensation. When working with our personal injury law firm, our attorneys will seek damages on your behalf. The legal system allows for two types of damages, either special or general damages. These are also referred to as economic and non-economic damages.
Special damages are a form of compensation an injured person can seek for the out-of-pocket expenses incurred by the defendant’s actions. These losses typically have a financial value assessed that corresponds to the total amount of financial cost the plaintiff has experienced. Our personal injury lawyer may seek special damages to account for medical bills, prescription medications, therapy or rehabilitation services, medical equipment, and more. Special damages can extend to include lost wages, the cost of living with a disability, personal care costs or the funeral expenses when the death of a loved one occurred from the incident.
Under compensation for general damages, your Queens personal injury attorney may advise the plaintiff to seek financial restitution for non-monetary damages that resulted from the injury claim. While it can more difficult to assign a dollar amount to these damages, the inclusions for compensation often take into account:
There is a three-year statute of limitations in New York for personal injury claims, making it important to seek help from a personal injury law firm right away. Contact Queens personal injury lawyers at Elliot Ifraimoff & Associates. Our compassionate Queens team will meet with you to discuss litigation options, after which we will aggressively pursue the fair compensation you deserve.
You sustained an injury on someone else’s property. The injury is severe enough that you require medical attention, leading to expensive medical bills. Can you file a personal injury lawsuit, or will you need to seek other recourse?
Not every accident counts as a personal injury case. Your case must meet certain criteria; otherwise, you may be unable to pursue a claim. A personal injury lawyer in Queens can examine your situation and determine whether you have a case.
To pursue a case, your personal injury lawyer in Queens, New York, will have to establish the following criteria.
You can only file a personal injury case if you were injured because of someone else’s negligence. You may not have a case if you were injured because of your own negligence.
Say, for example, that you tripped while walking down the street, and the fall led to a sprained ankle. You’d likely have a case if you tripped because of a poorly maintained sidewalk. If the owner has taken proper care of it, you may be unable to file a claim.
To have a successful personal injury case, you must prove that any other individuals involved owed you a duty of care. Essentially, the law recognizes that, based on a relationship between two individuals, one has the responsibility to act with care to avoid harm. For example, business owners have a responsibility to maintain their premises to protect employees and customers.
Not everyone owes you a duty of care in every situation. Because of this, it’s important to discuss your situation with a Queens personal injury attorney; they can assess your situation and provide you with more information.
Once you’ve established that the individual owed you a duty of care, you will need to prove that they violated it. Say, for example, that a driver was texting, and this led to an accident. All drivers must act responsibly to avoid traffic accidents, and so, by focusing on their phone and not the road, they violated their duty of care.
Personal injury claims are meant to pay for losses due to another’s negligence. If you didn’t experience any loss, you may be unable to file a claim.
Say, for example, that someone’s dog escaped from their yard and charged at you. If the dog bit you, you could file a claim; however, you may not have a case if the dog simply frightened you.
Damages can encompass things such as physical injuries, damage to your property, and pain and suffering, among other things. Take the time to speak to a Queens accident attorney to learn whether your situation qualifies.
You will only have a certain amount of time to file a personal injury case. In New York, this period (known as the statute of limitations) is three years from the date of the accident, according to Nolo. If you surpass that period, you likely won’t be able to file a claim.
Even if you believe you have a strong case, filing a personal injury claim can be daunting. Before moving forward, do the following:
Determining whether you have a personal injury claim may not always be simple. You’ll need to prove that someone breached their duty of care, leading to your injuries. This can be a difficult task, so reach out to a Queens injury law firm to request assistance.
At Elliot Ifraimoff & Associates, PC, we aim to provide our clients with reliable advice and professional support. We have handled many personal injury cases over the years; now, we want to assist with yours. Call (718) 205-1010 or toll-free at (888) 275-3554 to speak to a personal injury lawyer in Queens. Discover how to choose the right personal injury lawyer for your case and more.
Would you like more information about how personal injury cases work? Our goal is to provide clients with as much information as possible. We’ve answered some common questions below; contact our attorneys if you’d like additional information.
According to Lawsuit Information Center, New York generally offers high monetary awards for personal injury cases, with the median amount equaling $287,628.
According to Nolo, only about 4% of personal injury cases go to trial.
Slips and falls, car accidents, dog bites, workplace injuries, and medical malpractice may all count as personal injury cases. If you’re uncertain about your situation, reach out to a personal injury lawyer in Queens, NY. They can examine your situation and provide you with more information on whether or not you have a case.
Elliot Ifraimoff & Associates, PC
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