Navigating the aftermath of a devastating accident and injury can be overwhelming. You are likely dealing with physical pain, emotional stress, and mounting medical bills. On top of that, the legal system can seem confusing and intimidating. Many people have questions about their rights and what to expect when pursuing a personal injury claim in New York.
At The Raimondo Law Firm, we believe that understanding the process is the first step toward securing the justice you deserve. We have helped countless clients across Long Island by providing clear answers and dedicated legal guidance. To help you get started, we have compiled some of the most frequently asked questions we hear about personal injury claims.
What qualifies as a personal injury case?
A personal injury case arises when you suffer harm from an accident or injury, and someone else is legally responsible for that harm. The core of a personal injury claim is negligence. This means you must prove that another party had a duty to act with reasonable care, they breached that duty, and their failure directly caused your injuries and subsequent damages.
Common types of personal injury cases include:
- Car Accidents: Collisions caused by distracted, drunk, or otherwise reckless drivers.
- Slip and Fall Accidents: Injuries sustained on someone else’s property due to unsafe conditions like wet floors, icy sidewalks, or poor lighting. This falls under premises liability.
- Medical Malpractice: Harm caused by a healthcare professional’s failure to provide a standard level of care.
- Construction Accidents: Injuries that occur on construction sites due to safety violations or defective equipment.
- Wrongful Death: Claims filed by the family of a person who died as a result of another’s negligence.
If you were injured because of someone else’s carelessness, you may have a valid personal injury case.
How long do I have to file a claim in New York?
This is one of the most critical questions, as missing the deadline can prevent you from ever recovering compensation. This deadline is called the statute of limitations. In New York, the general statute of limitations for most personal injury cases is three years from the date of the accident.
However, there are important exceptions:
- Medical Malpractice: The deadline is generally two years and six months from the date of the malpractice or from the end of continuous treatment.
- Claims Against a Municipality: If your claim is against a city, town, or government agency (like a public school or transit authority), you must file a “Notice of Claim” within 90 days of the incident. You then have one year and 90 days to file a lawsuit.
Because these deadlines can be complex and strict, it is vital to contact an attorney immediately after your occurence.
What compensation can I recover?
The goal of a personal injury claim is to recover compensation, also known as “damages,” for the losses you have suffered. The purpose is to make you “whole” again, at least from a financial standpoint. In New York, you can typically seek two main types of compensatory damages.
Economic Damages
These are tangible, calculable financial losses, including:
- Medical Expenses: All costs related to your injury, including hospital stays, doctor visits, surgery, physical therapy, medication, and future medical care.
- Lost Wages: Income you lost while unable to work during your recovery.
- Loss of Earning Capacity: If your injury prevents you from returning to your previous job or limits your ability to earn a living in the future.
- Property Damage: The cost to repair or replace your vehicle or other property damaged in the accident.
Non-Economic Damages
These are intangible losses that do not have a specific dollar value but are just as real. They include:
- Pain and Suffering: Compensation for the physical pain and emotional distress caused by your injury.
- Loss of Enjoyment of Life: For the inability to participate in hobbies and activities you once enjoyed.
- Emotional Anguish: For anxiety, depression, or post-traumatic stress disorder (PTSD) resulting from the accident.
In rare cases involving extreme recklessness, a jury might also award punitive damages, which are intended to punish the defendant and deter similar behavior.
Do I really need a personal injury attorney?
While you can legally represent yourself, it is almost always a mistake. Insurance companies have teams of adjusters and lawyers whose primary job is to protect their bottom line by minimizing or denying your claim. They may pressure you into accepting a lowball offer, try to shift blame onto you, or use statements you make against you.
An experienced personal injury attorney levels the playing field. They will:
- Investigate Your Case: Gather crucial evidence like police reports, medical records, and witness statements to build a strong claim.
- Accurately Value Your Claim: Work with medical and financial experts to calculate the full extent of your damages, including future needs.
- Handle All Communications: Manage all negotiations with the insurance company so you can focus on your recovery.
- Negotiate a Fair Settlement: Fight for the maximum compensation you deserve.
- Take Your Case to Trial: If the insurance company refuses to offer a fair settlement, a skilled trial lawyer is prepared to fight for you in court.
Studies consistently show that accident victims who hire an attorney receive significantly higher settlements than those who do not.
How much does it cost to hire The Raimondo Law Firm?
We understand that the last thing you need after an accident is another bill. That is why The Raimondo Law Firm, like most personal injury firms, works on a contingency fee basis only.
This means you pay us nothing upfront. We cover all the costs of investigating and pursuing your case. We only get paid if we win you a settlement or a verdict. Our fee is a pre-agreed-upon percentage of the compensation we recover for you. If we do not win your case, you owe us nothing. This arrangement allows everyone, regardless of their financial situation, to have access to high-quality legal representation.
How The Raimondo Law Firm Can Help
For over 35 p years, our firm has been dedicated to helping accident victims on Long Island navigate the complexities of personal injury law. We provide the compassionate support and aggressive advocacy you need to hold negligent parties accountable. We will answer all your questions, guide you through every step, and fight tirelessly to secure the best possible outcome for you and your family.
If you have been injured, do not wait. Contact The Raimondo Law Firm today for a free, no-obligation consultation to discuss your case and learn how we can help you move forward.
To learn more about your legal rights and options, contact The Raimondo Law Firm today at (631) 460-5472 or fill out our online form.
“This post is for informational purposes only. Viewing or interacting with this content does not create an attorney–client relationship. For advice specific to your situation, please contact our office directly.”