When another person or entity causes harm to another, they must take responsibility for their actions. For thousands, while their injuries are not fatal, they may still be life-changing. While insurance may cover some of these losses, it may be insufficient.
If you or a loved one suffered a severe injury due to another party’s behavior, a Levittown personal injury lawyer might be able to support you. Call the Law Office of Cohen & Jaffe, PLLC at (516) 358-6900 to speak with a staff member about your case.
In New York, individuals who are harmed have a right to pursue action to hold any responsible party accountable. There are a couple of ways a person may do so.
Usually, a victim will first attempt to seek compensation from a responsible party’s insurance company. However, there are circumstances in which this may not be a viable option. For instance, if insurance does not cover the type of incident that occurred, you may choose to file a lawsuit.
Even if insurance coverage can accommodate some of the costs, the payout amount may be insufficient to cover the full extent of a victim’s losses. In these situations, a victim may decide to file a personal injury lawsuit. Bringing a civil claim against another party is a right of all U.S. citizens who have grounds to do so.
When the Matter Won’t Settle
Typically, the plaintiff and defendant will attempt to reach an agreement before the personal injury case ever goes to court. This agreement is known as a settlement. The vast majority of personal injury suits are resolved this way. A personal injury lawyer can help you negotiate for a fair settlement.
If the parties cannot reach an agreement, they must take their case before a judge in a civil court of law.
Time Limits for Personal Injury Lawsuits in New York State
In New York state, plaintiffs (the injured parties) have a limited time to bring a lawsuit against the defendant or entity accused. This time limit is known as the statute of limitations.
For most personal injury cases, the statute of limitations is three years, according to the New York Civil Practice Law and Rules (CVP) §214. Typically, plaintiffs have three years from the date the incident occurred or from the date they discovered (or should have discovered) their injury.
The statute of limitations is also different if the person was a minor when they were injured or incapacitated, or unable to take action at the time of their injury. Time limits can also vary if a plaintiff is bringing a suit against a government entity such as New York City, rather than an individual civilian.
When you work with an attorney, they will ensure you meet all applicable deadlines.
For a free legal consultation with a personal injury lawyer serving Levittown, call 516-358-6900
Types of Personal Injury Claims We Take On
“Personal injury” is an umbrella term encompassing an array of circumstances. It can include any situation in which a party (or parties) is responsible for harm to another individual or group of people, such as:
- Dog bites
- Car crashes
- Asbestos exposure
- Birth injuries
- Nursing home abuse or neglect
- Medical malpractice
- Products liability
- Premises liability
- Wrongful death
- Food poisoning
This list is not comprehensive. A personal injury lawyer can help you determine precisely what type of case you have and how much of a settlement you can get.
Levittown Personal Injury Lawyer Near Me 516-358-6900
We Can Let You Know if You Have a Case
With nearly all types of personal injury suits, a plaintiff must prove the defendant is responsible for their suffering. Typically, this involves establishing that the defendant had a responsibility, or duty of care, to the plaintiff and breached that duty. This breach is also known as negligence.
For example, a property owner might have failed to fix a guardrail that they knew was broken and you fell through the barrier and got severely injured. The court may find the property owner negligent in this situation and may be liable to compensate you.
Or, if a driver was texting while driving and accidentally veered over the center line into oncoming traffic and a wreck, the driver might be considered negligent and thus, liable for the harm they have caused.
You Can Collect Compensation Even if You Are Partially at Fault
Establishing fault is not always clear-cut. The state of New York operates under a comparative fault doctrine. This means that multiple parties involved in an incident may hold partial responsibility.
For instance, both drivers may have been behaving irresponsibly in a car crash, resulting in a collision. If police respond to an incident, they will usually allocate fault at the scene. Insurance companies may also conduct investigations and allocate fault, which may or may not align with the police findings.
Generally, as long as you are less than 50% responsible for your injuries, you can still seek compensation from the other party. Keep in mind the percentage of fault you carry may affect the amount of your claim.
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Work with a Personal Injury Lawyer in Levittown Today
If you think you might have a case, contact the Law Office of Cohen & Jaffe, LLP. Our team of attorneys will help you determine your best course of action based on the details of your situation. Call our office at (516) 358-6900 to arrange a free, no-obligation meeting with a legal professional.