Each year, almost 50 million people visit the doctor or the emergency department related to unintentional injuries. Sometimes, these injuries are just a product of clumsiness or bad luck. However, if someone else caused your accident, then you might be able to file a lawsuit against them.
A personal injury claim can help an accident victim get the money that they deserve for their injuries. Depending on the facts of your case, you may recover money for your property damage, medical bills, future medical treatment, lost wages, pain and suffering, and emotional distress. Our experienced Garden City personal injury attorneys will work with you to help you get maximum compensation for your losses.
The Odierno Law Firm advocates for clients in Suffolk and Nassau Counties who have been hurt in all types of accidents. We handle all cases on a contingency fee basis, which means that you will never pay a fee unless we recover money for you. To learn more or to schedule a free consultation with a Garden City personal injury lawyer, contact our law offices today.
What Is a Personal Injury Claim?
Personal injury law – sometimes referred to as torts – includes any kind of case where a person suffers a bodily injury. Most personal injury cases are brought under a theory of negligence, which is a legal term that essentially means carelessness. Essentially, a person is negligent if they don’t use the care that a reasonable person would use in a similar situation.
To win a personal injury case, the injury victim (plaintiff) has the burden of proving that the at-fault party (defendant) was negligent. To do so, they will have to introduce evidence of the 4 elements of negligence:
- Duty: the defendant owed the plaintiff a duty of care.
- Breach: the defendant violated that duty in some way.
- Causation: this violation caused the accident
- Damages: the plaintiff suffered losses as a result.
For example, consider a situation where a defendant made a left turn across traffic without looking to make sure that the way was clear and hit another vehicle driving in the opposite direction. The defendant would be considered negligent because they failed to use reasonable care (checking before turning) and this violation caused an accident. The plaintiff could successfully pursue a personal injury claim against the at-fault driver in this situation.
A plaintiff in a personal injury case does not always have the burden of proof. Under the legal theory of negligence per se, if the defendant violated a law that was meant to protect people like the plaintiff, then the defendant is deemed to be negligent. For example, if a driver is texting while driving and hits a bicyclist, they are in violation of New York’s hand-held mobile device laws. This will be considered negligence per se because their violation of this law caused the crash.
In some situations, a person’s behavior isn’t just careless – it is intentional or reckless. An example of such a situation is a drunk driving accident. If you were hurt by someone who purposefully or recklessly harmed you, you can still pursue a legal claim against them.
A personal injury lawsuit can be brought against anyone – including people, businesses, and other organizations – that may have caused you harm. These claims may be brought against a property owner, a nonprofit entity, a government agency, or an individual. In most cases, the claim will be covered – and defended by – an insurance company. An experienced Garden City personal injury lawyer can help you navigate the process to get the compensation that you deserve.
What Kind of Personal Injury Claims Does Our Law Firm Handle?
With more than 150 years of combined experience in personal injury law, The Odierno Law Firm has the skill and knowledge to get our clients maximum compensation for their injuries. We have handled many different types of personal injury claims, including:
- Car accidents
- Dog bites
- Pedestrian accidents
- Bicycle crashes
- Bus accidents
- Train accidents
- Motorcycle accidents
- Premises liability (including slip and fall)
- Wrongful death
- Construction accidents
- Workplace injuries
Our cases always start with a free initial consultation, where you will have the opportunity to explain what happened to you. We will then offer legal advice on your rights and options. If you decide to move forward with a claim, we will get to work right away to investigate your case and build the strongest possible claim for damages.
The scope of our investigation will vary by case but may involve interviewing witnesses, analyzing photos and videos of the accident scene, requesting accident reports, reviewing medical records, and working with expert witnesses (such as accident reconstruction specialists). We will simultaneously research New York case law to build a legal argument for compensation.
The next step in the process is sending a formal demand letter to the at-fault party’s insurance company. A demand letter contains three sections: (1) an explanation of what happened to cause your accident or injury; (2) the legal reasons why their policyholder is liable for your losses; and (3) a demand for financial compensation (damages).
In most cases, the insurance company will respond to a demand letter with a counteroffer. This starts the negotiation process, which may last for weeks or months.
Most personal injury claims are resolved outside of court. However, it may be necessary to file a lawsuit in court to protect your legal rights. This does not mean that your case will go to trial. Instead, it keeps your options open and allows you to discover more evidence while your Garden City personal injury lawyers continue to negotiate a settlement.
These negotiations may last up until the eve of trial. If the insurance company won’t agree to a fair settlement, then our trial attorney will take your case to court. There, we will make arguments, question witnesses, and present evidence before asking a jury to return a verdict in your favor.
Throughout the process, we will keep you informed of our progress so that you know what to expect. We will handle all communications with the insurance company for you. This allows you to focus on what is truly important: healing.
What Compensation Can I Recover in a Personal Injury Case?
In most personal injury cases, you may be entitled to three different types of compensation: economic, non-economic, and punitive damages. Economic and non-economic damages are considered compensatory damages because they compensate an accident victim for their losses. Punitive damages punish someone who acted intentionally or recklessly.
Economic damages pay for your financial losses. It can include money for things like property damage, lost wages, reduced earning capacity, medical expenses, and future medical care. Economic damages are usually proven with documentation like invoices, bills, and estimates.
Non-economic damages pay for intangible losses. Examples of non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, scarring, and disfigurement. These damages can be harder to prove, but a seasoned Garden City personal injury attorney can use their experience to gather evidence of your non-economic losses.
Punitive damages are only available in more unusual cases where the at-fault party acted intentionally or recklessly. A jury may award them as a way to send a message to someone who purposefully or recklessly hurt someone else.
Importantly, New York is a no-fault state when it comes to car accidents. This means that certain initial economic losses – like medical bills and lost wages – will be covered by your personal injury protection (PIP) coverage. You generally cannot file a lawsuit against an at-fault driver unless your economic damages exceed your PIP limits and/or you suffered a serious injury.
During a free initial consultation, our Garden City personal injury attorneys will give you a ballpark estimate of the value of your case. We will then work hard to help you get the compensation that you deserve for your injuries.
How Can I Pay a Lawyer for My Injury Case?
Most personal injury claims are handled on a contingency fee basis. This type of fee agreement means that you won’t pay anything upfront or an hourly fee – and you will only pay an attorney’s fee if they recover money for you through a settlement or verdict at trial. If you win your case, then you will pay a percentage of your total recovery as an attorney’s fee.
Contingency fee arrangements make it possible for anyone to hire a lawyer – even if you are under financial strain because of your accident. Reach out to The Odierno Law Firm today to talk to a Garden City personal injury attorney about your case.
What Is the Value of My Personal Injury Case?
The value of any personal injury claim depends on multiple factors, such as the seriousness of your injuries, whether you are expected to make a full recovery, if you were partially at fault, and the limits of the at-fault party’s insurance policy. Generally, a person with more severe injuries – such as a traumatic brain injury – will recover more money than a person with a more minor injury. A settlement or verdict at trial will be based on the accident victim’s medical expenses, lost wages, emotional trauma, and other losses.
During a free consultation, your Garden City personal injury lawyer will give you an estimate of the value of your case. This number may increase or decrease as the case moves forward and more information is discovered through the litigation process. The Odierno Law Firm can help you get maximum compensation for your injuries. Reach out to schedule an appointment with a member of our legal team.
Help for Accident Victims in Garden City, NY
Accidents can happen to anyone – and sometimes, no one is at fault. But when someone else causes your accident, you may be able to recover money for your losses. Our law offices will advocate for your right to full compensation.
The Odierno Law Firm works with accident victims throughout Long Island to help them get top dollar for their personal injury claims. We won’t rest until we get you every penny that you are entitled to under New York law. To learn more or to schedule a free consultation with a Garden City personal injury attorney, give us a call at 631-994-1802 or fill out our online contact form.