Accidents happen every day. In fact, millions of Americans visit the emergency room or a doctor’s office each year for unintentional injuries. If an injury is caused by another person, then you may be able to file a claim against them for your losses.
An accident victim can pursue a personal injury lawsuit for all types of accidents, including slips and falls, dog bites, car crashes, and bus accidents. Through a personal injury claim, you can recover money for your property damage, medical bills, lost wages, emotional distress, and other losses. Our Hauppauge personal injury attorneys will fight to get you maximum compensation for your losses.
Based in Melville, The Odierno Law Firm Accident and Injury Lawyers represent clients throughout Nassau and Suffolk Counties in New York. We offer free initial consultations to all prospective clients and never charge a fee unless we recover money for you. Reach out to our law offices to schedule an appointment with a Long Island personal injury lawyer.
When Can You File a Personal Injury Lawsuit?
If you are hurt by something that someone else did (or failed to do), then you might be able to file a personal injury claim against the at-fault party. Our law firm handles all types of personal injury claims, including:
- Bicycle accidents
- Car accidents
- Motorcycle accidents
- Uber and Lyft accidents
- Dog bites
- Premises liability
- Construction accidents
In most cases, a personal injury lawsuit is based on a claim that the at-fault party (defendant) acted negligently in some way. Negligence is the failure to use the level of care that a reasonably prudent person would use in a similar situation. Another way of looking at negligence is that it is a type of carelessness.
Negligence can happen in many different ways, such as:
- You are stopped at a red light in downtown Hauppauge when another vehicle rear-ends your car.
- You are crossing the street at a crosswalk when a driver turns into the intersection, striking you.
- A neighbor’s dog bites you.
- You are at work on a construction site when a worker for a different subcontractor hits you with a piece of heavy equipment while moving dirt.
If an accident victim (plaintiff) can prove that the defendant was negligent in some way, then they can recover financial compensation for their losses.
Proving negligence can sometimes be relatively straightforward. In the rear-end example above, the driver who hit a vehicle stopped at a red light was clearly negligent. In other cases, negligence is more complicated.
In some situations, the defendant may argue that the plaintiff was partially at fault for the accident. Under New York’s contributory negligence laws, you can still recover financial compensation even if you were somewhat responsible for an accident. Your total recovery will be reduced by your percentage of fault.
It is also possible to pursue a lawsuit for intentional or reckless conduct, such as a drunk driving accident. In these cases, you can file a claim for your losses in addition to any criminal charges that the defendant may be facing. Regardless of whether the defendant acted negligently, intentionally, or recklessly, you are still entitled to money for your losses.
Our Hauppauge personal injury lawyers are skilled at analyzing personal injury cases to determine if you might have a viable claim. We work hard to help our clients get maximum compensation for their injuries. Contact our law offices today to schedule a free consultation.
Compensation and Settlements in a Hauppauge Personal Injury Claim
Plaintiffs in personal injury cases can recover financial compensation for their losses. This type of compensation is split into two categories: economic and non-economic damages. Depending on the facts of your case, you may also be eligible for punitive damages, which are designed to punish the defendant for intentional or wrongful conduct.
Economic damages pay for your direct financial losses. Generally, you will have some sort of documentation for your economic losses, like invoices, estimates, bills, and pay stubs. Examples of economic damages include property damage, medical expenses, future medical treatment, lost income, and reduced earning potential.
Non-economic damages pay for an accident victim’s intangible losses. Examples of non-economic damages include pain and suffering, loss of enjoyment of life, emotional distress, scarring, and disfigurement. These types of damages can be harder to prove, but our Hauppauge personal injury attorneys will work with experts to help build a strong compensation case.
In more unusual cases involving reckless or intentional behavior, punitive damages may be awarded. The goal of punitive damages is to punish someone who acted badly and to deter others from engaging in similar conduct. For example, a judge or jury might award punitive damages in a drunk driving case to set an example for the community.
Most personal injury settlements are paid by an insurance company. After an accident, you might be approached by a claims adjuster about your case. They might ask you to make a statement, sign some documents, or even offer you a settlement. You shouldn’t talk to the adjuster or sign anything until you have had a chance to talk to a Hauppauge personal injury lawyer.
Insurance companies are focused on their own bottom line, not your best interests. An insurance adjuster will always try to resolve your case for as little money as possible. While that might work out well for the insurance company, it may leave you without enough money to fully recover from your accident.
The best way to get full compensation for your losses is to work with an experienced Long Island personal injury lawyer. Our legal team is adept at negotiating high-value settlements on behalf of our clients. We will fight to get you every penny that you deserve for your losses.
Personal Injury Settlement Steps and Timeline
If you are hurt in an accident, you should schedule a free consultation with an attorney. The consultation won’t cost you anything, and it is a good way to learn more about your legal rights and options. If you decide to hire the law firm, then they will get to work to build your case.
The first step is to perform a full investigation. This typically includes interviewing witnesses, reviewing photos and videos of the accident scene, requesting accident reports, and analyzing medical records. Our law firm will also research New York law to build a strong legal foundation for your case.
Next, we will draft a demand letter that will be sent to the defendant’s insurance company. The demand letter will explain the facts of the case and the legal reasons why the defendant is responsible. It will then make a demand for compensation.
In most situations, the insurance company will have already performed its own investigation by the time it receives a demand letter. It will also have its own valuation of your case. The insurance company will usually respond to a demand letter with a counteroffer.
In many cases, the two sides will negotiate back and forth until they come to an agreement. The overwhelming majority of personal injury cases are resolved outside of court. It may still be necessary to file a lawsuit to protect your legal rights, but this doesn’t mean that your case will go to trial.
If a lawsuit is filed, the parties will exchange information through the discovery process. This can often help move the parties towards a resolution. However, if the insurance company won’t offer you a fair settlement for your losses, our Hauppauge personal injury attorneys will take your case to trial and ask a jury to return a verdict in your favor.
Many personal injury claims are resolved in 3 to 6 months. However, this can vary significantly based on the complexity of the case, whether liability is in question, and whether your case goes to trial. Throughout the process, our law firm will keep you updated on progress and fight to get you the compensation that you deserve.
Our law firm handles all cases on a contingency fee basis. With a contingency fee arrangement, you won’t pay anything up front and will only pay a fee if you recover money through a settlement or verdict at trial. Our attorney’s fee will be a percentage of your total recovery.
A contingency fee agreement aligns your lawyer’s interests with your own: we both want to resolve your case quickly and for as much money as possible. It also means that you can afford to hire an attorney even if money is tight after an accident. For each case, we strive to get you the most money for your injuries so that you can move forward with your life.
Help for Hauppauge Accident Victims
Accidents of any kind can be physically and emotionally traumatic. In the aftermath, you may find yourself struggling with pain, anxiety, depression, and more. You might also be struggling financially due to lost wages and mounting bills. Our law firm is here to help.
At The Odierno Law Firm Accident and Injury Lawyers, we offer experienced, compassionate legal representation to clients throughout Long Island who have been hurt in all types of accidents. We take on the big insurance companies for you so that you can focus on what is truly important: your health and well-being. To learn more or to schedule a free consultation with a Hauppauge personal injury lawyer, give our law firm a call at 631-752-8580 or fill out our online contact form.