Accidents are prone to happen at any time during our daily lives. When they do occur, you may feel overwhelmed with the lingering consequences of the accident. If you are seeking medical treatment or still recovering from your accident-related injuries, you may also have property damage bills piling up—all while you are unable to earn income.
With a personal injury claim against an at-fault party, you can fight to recover compensation that covers your losses. When personal injuries arise in New Hyde Park, you can turn to a lawyer from the Law Office of Cohen & Jaffe, LLP.
Possible Awards You Can Seek in a Personal Injury Case
Every personal injury claim is unique in its own regard, in New Hyde Park and beyond. This means there is no concrete compensation figure you can expect to receive from a claim, during either from insurance negotiations or a lawsuit.
However, some forms of damages are common in personal injury cases. Below are various types of recoverable damages you may include in your case:
- Current medical expenses
- Future medical expenses
- Rehabilitation costs
- Medication costs
- Transportation costs
- Property damage expenses
- Auto repair bills
- Lost wages
- Reduced earning capacity
- Loss of quality of life
To determine the value of your claim, a lawyer can monetize all of your economic and non-economic damages. By doing so, you can understand the overall value of your case.
If a New Hyde Park accident led to the death of your loved one, we can help seek damages through an insurance claim or wrongful death lawsuit. Some damages may include:
- Funeral expenses
- Cremation expenses
- Loss of a parental figure
- Lost financial protection, which accounts for the income your loved one would have provided
- Loss of consortium
- Your loved one’s medical bills before their passing
- Your loved one’s pain and suffering before their passing
Compensation can help you adjust to your loved one’s absence, and we can handle the legal process while you grieve in peace.
Pain and Suffering
In addition to compensation for medical bills, lost wages, and other economic losses, accident victims may also be entitled to compensation for their pain and suffering.
In addition to pain and suffering, we can also seek damages for psychological injuries. For example, those caused by workplace harassment or misdiagnosis may be compensable. Unlike pain and suffering, emotional distress may be compensable even in the absence of a physical injury.
Types of Personal Injury Cases We Handle
Accidents and injuries can happen in a variety of ways, but no matter how you were injured, you should always consider your legal recourse options. If you have been injured, a lawyer may handle a variety of claims, such as:
Motor Vehicle Accidents
Collisions can involve a number of different vehicles, as well as pedestrians and commercial drivers. Your case may pertain to:
- Bicycle accidents
- Bus accidents
- Car accidents
- Defective cars
- Distracted driver accidents
- Drunk driving accidents
- Emergency vehicle accidents
- Fatal auto accidents
- Hit-and-run accidents
- Motorcycle accidents
- Pedestrian accidents
- Taxicab accidents
- Truck accidents
Premises Liability Accidents
A premises liability case involves accidents that occur on private, commercial, or government properties. Such instances can involve:
- Dog bites and attacks
- Elevator accidents
- Slip-and-fall accidents
- Negligent security assaults
- Swimming pool accidents
Accidents can also occur on the job, whether you work at an office or on a construction site. They may include instances that involve:
- Defective machinery
- Trench collapse accidents
- Crane accidents
- Falling objects
- Malfunctioning tools and equipment
- Scaffolding accidents
- Toxic exposure
- Wrongful death
Accidents Resulting in Wrongful Death
Regardless of where or how an accident occurred, you may have lost a loved one due to their injuries. Wrongful death accidents can include:
- Birth injuries
- Cruise ship injuries
- Medical malpractice
- Nursing home abuse
The Benefits of Working with a Lawyer on Your Personal Injury Case
If you are recovering from an accident with injuries, you may be looking to spend more time on your recovery than building a personal injury claim. At the Law Office of Cohen & Jaffe, LLP, we can handle your legal battle from start to finish.
Some ways that our firm can assist you include:
- Protecting your rights
- Hearing your firsthand account of the accident and injuries during a free consultation
- Handling all communications and negotiations with insurance companies involved in your claim
- Obtaining evidence that supports your claim
- Communicating with your medical providers to obtain evidence or recommendations for additional treatment
- Arguing your claim on your behalf
- Determining fair compensation by monetizing your damages
- Fighting for justice until we have reached a settlement or verdict
- Filing your potential personal injury lawsuit within New York’s statute of limitations
If you were unjustly injured in New Hyde Park, you deserve to focus on recovering from your injuries––not hassling with the legal process. Let us take that weight off your shoulders.
The attorneys at our Firm Can Help You Seek a Fair Settlement
If you are ever injured due to the actions or inactions of another, whether the injuries occurred in a slip-and-fall accident or car accident, you could seek damages.
When your medical expenses are piling up, and you can’t go to work because of an accident caused by another’s negligence, why should you have to shoulder these financial burdens? Let our lawyers handle all of the legal aspects of seeking fair compensation.
We Can Investigate the Accident
Before our firm fights to recover fair compensation on your behalf, we will conduct a full investigation into your accident. During this investigation, we will seek evidence that holds a defendant (the party you sue) liable and responsible for your injury and damages.
We will Review Medical Records
After you’ve been interviewed, your lawyer will also begin to collect your medical records and any bills related to your injury. The collection of documents will be thorough, including information on the care providers you saw, what their diagnoses were, their treatment recommendations, and any medications they prescribed.
Depending on the extent of your injuries and required medical treatment, the process of collecting documents can take some time.
In addition, your lawyer will ask you about your background and whether you have any pre or post-accident medical conditions. You should also be ready to provide information regarding any and all places where you received medical treatment.
We Can Help You Gather Evidence to Prove Negligence
Key elements to any personal injury claim are proving fault, liability, and negligence. If a police report from your accident or injury was filed, your lawyer can obtain a copy for you (if you have not done so yet). Police reports will likely label which party was at fault in causing the accident, such as with car wrecks.
Once we have helped you prove fault, we must obtain evidence that holds a defendant liable—or responsible—for your injuries. A subject can be deemed liable during personal injury claims if they are found to have acted negligently.
“Conduct becomes ‘negligent’ when it falls below a legally recognized standard of taking reasonable care under the circumstances to protect others from harm,” according to the American Bar Association.
We will Handle Your Case on a Contingency-Fee-Basis
Our personal injury lawyers will take your case on a contingency-fee-basis. What this means is that they don’t get paid unless you obtain a settlement. You don’t have to worry about having a large sum of money upfront to pay your lawyer.
We advocate for victims of negligence, which is why we offer a no-fee promise when we take on a case. You have enough to deal with when it comes to healing from your injuries. Seeking legal representation should not add to your financial burdens or scare you away from pursuing fair compensation. Let us help you during this trying time.
We Can Help You File a Claim with the Insurance Company
In many instances, personal injury claims are settled even before they reach court. This can sometimes be a good thing, but depending on the circumstances, it might not be the best way to proceed.
There are large firms that handle a large number of personal injury claims, hoping to settle these cases for low amounts quickly. These firms can make a lot of money this way. You do not have to worry about our team prioritizing payment over your interests. We will take legal action that suits your situation.
We will Identify the Negligent Party’s Insurer
In New York, motor vehicle accident claims are filed with your own insurance company before seeking compensation from another party. For injuries that were not caused by car accidents, such as slips and falls, claims are usually filed with the at-fault party’s insurance carrier.
Sometimes the at-fault party does not have insurance, or the accident is the type where an insurance company is not involved. In these instances, we can provide legal support and lay out your options.
We will Assess Your Initial Settlement Offer
After you’ve filed a claim with the insurance company, they will then assign your claim to an adjuster who will investigate your case and try to negotiate a settlement. They might offer you a fast settlement after reviewing your claim.
Our team can review this offer and determine whether it is fair. You do not want to accept the first settlement because if you need more money later on, you will be unable to request more funds.
What Happens if You Need to File a Personal Injury Lawsuit?
If a settlement cannot be reached, whether the insurance company or the at-fault party refuses to pay you the value of your case, then it likely is time to file a lawsuit. In New York, you must file a personal injury lawsuit within three years of your injury or accident.
However, it can be a good idea to consult with an attorney well before this deadline.
Lawsuits may motivate insurance companies to respond by putting them under pressure to reach reasonable settlements.
It may be cheaper for an insurance company to settle the case and increase their offer rather than to proceed to trial.
When filing a lawsuit, a complaint prepared by your lawyer on your behalf will be submitted to the court, and the at-fault party will also be served with a copy. The at-fault party will then have a set amount of time to respond to your complaint. If you need to respond to any of the other party’s filings, your attorney will do so for you.
We will Manage the Discovery Process for You
Discovery is the formal process of exchanging evidence and information between the parties. Court rules outline the discovery process that both parties must follow.
Both sides submit requests for documents and seek the answers to interrogatories that they might need. Depositions, or recorded interviews under oath, of the parties and relevant witnesses, also occur at this stage. The testimony from the depositions is helpful in that it ensures that no surprises arise in court.
Both sides will retain expert witnesses, such as accident reconstructionists or medical experts, to testify on their behalf. The at-fault party, or the defense, will also ask you to submit to an independent medical examination (IME), which is an assessment of your injuries that is performed by a relevant health care provider hired by the defense.
We Can Handle Arbitration and/or Mediation, if Necessary
After both sides receive all of the relevant evidence they need through the discovery process, they then try again to reach a settlement. This is also referred to as alternative dispute resolution (ADR). If the attorneys cannot come to an agreement just by talking amongst themselves, then they likely will proceed to mediation.
When mediation occurs, the parties and their lawyers meet with an agreed-upon mediator who will help them reach an agreement. At this point, the mediator goes back and forth between the parties until a reasonable settlement can be reached and put into writing. If the parties cannot reach a settlement, then the case will either proceed to trial, or the lawyers might decide to go to arbitration.
In arbitration, a hearing occurs that is judged by a neutral third party. The difference between mediation and arbitration is that mediation is not binding, but an arbitration decision is final and binding. Arbitration is similar to a mini-court trial. Judges may actually require arbitration instead of an actual court trial if they think that a settlement is within reach.
We Can Help You Bring Your Case to Trial
If you and the other party cannot reach an agreeable settlement after exhausting all of the previous options, then the case will likely proceed to trial. Depending on the facts and circumstances of your case, a personal injury trial can last hours to weeks to months.
During the trial, all of the evidence and information that was collected in the discovery process will be presented by both sides to the jury. In the end, the jury will decide the amount you will be awarded.
Deadlines for Lawsuits Filed in New Hyde Park
If out-of-court negotiations with the defendant’s insurance company do not lead to a fair settlement offer, your New Hyde Park personal injury lawyer will file a personal injury lawsuit on your behalf.
It is important to note the amount of time you have to file depends on your case. When lawsuits are filed beyond this timeline, claimants may lose their opportunities to recover damages.
The personal Injury Statute of Limitations
In order to legally file a personal injury lawsuit in New York, you must do so within three years from the date of your underlying accident, according to CVP §214.
The Medical Malpractice Statute of Limitations
For medical malpractice cases, lawsuits must adhere to the timeline imposed by CVP §214-A. This only affords you two years and six months after a medical injury to file a lawsuit.
The Defective Drugs Statute of Limitations
CVP §214 only gives you three years from the date of your injury if it was caused by a defective drug. In this case, we would pursue compensation from the drug manufacturer.
The Wrongful Death Statute of Limitations
Under EPT §5-4.1, you only have two years from the date of your loved one’s passing to file a wrongful death lawsuit.
What to Expect During Your Free Case Evaluation with our Team of Experienced Attorneys
We want you to understand your legal options, which is why we offer complimentary consultations. When we discuss your case, you are under no obligation to hire us. Take advantage of this no-risk opportunity to determine if you have a case and what it may be worth.
Questions We will Ask During the Consultation
We will ask about the sequence of events and any details about the accident. You might feel overwhelmed by these questions, but remember, there is a purpose behind each inquiry.
Be sure to be as honest with your attorney as possible. Let them know whether you’ve been injured in the past or if you have any large debts. Your attorney needs to be ready to tackle anything that might arise in your case.
Work with the Law Office of Cohen & Jaffe, LLP Today
If you are suffering from an injury or financial losses following an accident, a New Hyde Park personal injury lawyer from the Law Office of Cohen & Jaffe, LLP can help. We can pursue fair compensation on your behalf via a personal injury claim and/or lawsuit.
To learn more about obtaining fair compensation that covers your losses, call our firm today.
For a free legal consultation with a personal injury lawyer serving New Hyde Park, call 516-358-6900