Common Causes of Personal Injuries on Long Island
The following are common causes of personal injuries:
Motor Vehicle Accidents
Auto accidents are among the most common types of personal injury cases
we handle at Gruenberg Kelly Della. From car accidents involving drivers
and pedestrians to truck accidents that result in multi-vehicle pile-ups,
we are equipped to provide you with comprehensive legal representation
at each step of your case.
Slip, Trip, and Fall Accidents
These types of accidents can occur just about anywhere and at any time.
Whether it’s slipping on water at a retail store and injuring your
back or falling and breaking your leg because the stairs to your apartment
gave out, you are entitled to compensation if your injury was the result
of another person’s negligence.
Product Defects
Products manufactured improperly can inflict serious injuries on unsuspecting
consumers. Companies have a legal responsibility to ensure their products
are safe for use before selling them to the public.
Medical Negligence
Injuries caused by medical negligence occur more frequently than you might
think. Medical negligence occurs when doctors breach the duty they owe
to patients by harming them or failing to take necessary steps that would
likely prevent harm. Medical errors and misdiagnoses are common cases
of medical negligence.
What Types of Damages Can I Recover for My Personal Injury?
Personal injury lawsuit awards are meant to make the injured party "whole"
again from a financial perspective. Depending on the details of your case,
our skilled lawyers can help you recover the following types of personal
injury damages:
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Lost Income: If your injury causes you to lose some of your salary and wages, then
you can pursue compensation for “loss of earning capacity."
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Medical Treatment: If your personal injury lawsuit is successful, you can be awarded compensation
to cover the cost of medical care associated with the accident.
-
Property Loss: You can also be reimbursed for personal property that was damaged due
to the accident, as well as repairs you had to make to your property.
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Pain & Suffering: The physical pain you endure due to your injury can also be compensated
if you can prove it can be attributed to the accident that caused it.
New York Personal Injury Laws
When it comes to motor vehicle accidents, New York is a “no-fault”
state. This means that if you have been involved in an accident that resulted
in serious injury, the insurance company has to pay for medical care regardless
of who is at fault. If you want to file a lawsuit against the vehicle
that is at fault for the accident, you will have to breach the no-fault
threshold, which determines if you have a personal injury under the law.
Under New York’s comparative negligence statute, the court will determine
the percentage of fault for each party if both are deemed negligent. The
damages will then be awarded proportionally.
If you have been injured in an accident and want to sue the negligent party,
you must file your lawsuit within three years of the date you were injured,
otherwise, the statute of limitations will expire and you won’t
be able to pursue the compensation.
How Can a Personal Injury Attorney Help?
Personal injury cases are complex and require you to prove various aspects
of your injury and its impact on your life. If you want to recover the
maximum amount of compensation you are entitled to, then you should consult
with an experienced personal injury lawyer to get the legal guidance you
need to successfully navigate your case. Call Gruenberg Kelly Della today
to set up your case consultation with a dedicated personal injury lawyer
on Long Island.
New York Personal Injury FAQ
How long do I have to file a personal injury claim in New York?
According to the New York Statute of Limitations, you have
three years from the date of the injury to file a personal injury claim. If you've
suffered an injury due to a
car accident,
slip and fall,
construction accident, or another accident caused by another party's negligence, it's
important for you to contact an experienced and trusted Long Island personal
injury attorney from Gruenberg Kelly Della as soon as possible.
How long does whiplash last?
One of the most common injuries associated with motor vehicle accidents
is whiplash. Whiplash is caused by the head being violently forced about
during the collision, which can severely damage the muscles, discs, ligaments,
and nerves in the neck and shoulders. Whiplash symptoms can persist up
to 3 months, but in severe cases, the pain has been known to last as long a year.
When should I see a doctor after an accident?
If you've been involved in an accident, even a minor one, it's
important to see a doctor as soon as possible. Many people put off seeing
a doctor because they don't "feel" injured, especially if
the accident was minor. However, our body's natural reaction of shock
and increased adrenaline can prevent us from experiencing the full weight
of our injuries. Seeing a doctor immediately after an accident will help
identify injuries before they cause long-term or permanent damage.
In addition, since a personal injury claim must be filed within three years,
it's important to have a trained medical professional begin documenting
your injuries as soon as possible, and throughout the whole course of
your claim. A skilled
lawyer from Gruenberg Kelly Della will do everything in their power to win your case, but without proper
documentation of your injuries, it may not be possible to secure the maximum
amount of recovery you deserve.
Can I sue my employer after a work-related injury?
In New York, the rules regarding this are very simple. If you are an employee
injured at work, you are entitled to workers' compensation, but generally,
you cannot sue your employer for additional damages. However, if it can
be proved that your injury was sustained due to gross negligence on part
of your employer, you may be able to file a civil lawsuit in pursuit of
further damages. Additionally, you may have grounds to pursue a civil
lawsuit if a third party other than your employer caused your work-related
accident. Since this area of law is very complex, we encourage you to
call Gruenberg Kelly Della to schedule a free consultation in which we
can discuss the details of your case and give you concrete answers about
the nature of your claim.
How long does a slip and fall lawsuit take?
The length of any personal injury lawsuit, including slip and fall injuries,
depends greatly on the skill and effectiveness of your lawyer. Read our
full blog on this topic or call our office to schedule a free consultation with
one of our experienced attorneys.
Can I seek compensation if I was partially at fault?
In most personal injury cases, New York follows the rule of
pure comparative negligence, which means that multiple parties can hold the blame for an accident
that only injures some of the parties. Even if you are found partially
to blame, you can still file a personal injury claim to recover compensation.
However, the amount of compensation you are awarded will be reduced by
the percentage of blame you are found to hold. For example, if the court
finds you responsible for 20% of the blame, you will only be able to receive
80% of the compensation you were initially awarded.
What is a contingency fee and how does it work?
If a lawyer in New York says they work off a contingency fee, it means
you, the client, are not required to pay any attorney fees unless the
lawyer is able to secure a favorable outcome to your case. In New York,
there is a cap on contingency fees of 33.3%. That means you, the client,
will receive 66.7% of the amount recovered from either settlement or verdict;
the rest will be applied to the attorney fees.