As you go about your daily life, you probably don’t spend much time worrying about getting hurt in an accident. Yet unintentional injuries are incredibly common, accounting for nearly 50 million visits to the emergency department and doctor’s offices each year. If another person caused your injuries, then you might even be able to file a claim against them.
Personal injury claims allow an accident victim to seek financial compensation for their losses from the responsible party. Damages in a personal injury lawsuit may include money for property damage, lost wages, medical treatment, pain and suffering, and more. A seasoned Huntington personal injury attorney can help you get the money that you deserve for your injuries.
At The Odierno Law Firm, we represent individuals throughout Long Island who have been hurt in all types of accidents, from motor vehicle crashes to dog bites to slip and falls. We offer free initial consultations and never charge a fee unless we recover money for you. Reach out to our law offices today to schedule an appointment with a member of our legal team.
What Is a Personal Injury Claim?
Personal injury law covers all types of accidents and injuries. These cases are usually based on the concept of negligence, or carelessness. A person is said to be negligent when they fail to use the level of care that a reasonable person would use in a similar situation.
To prove negligence, an injury victim (plaintiff) will have to prove four things:
- Duty: the at-fault party (defendant) owed the plaintiff a duty of care.
- Breach: the defendant violated that duty in some way.
- Causation: this violation was the proximate or but-for cause of the accident (i.e., but for the defendant running the red light, the car accident wouldn’t have happened).
- Damages: the plaintiff suffered losses as a result.
In some cases, a plaintiff does not have to prove these four elements of negligence. Under the theory of negligence per se, if the defendant violated a law, the violation was the proximate cause of the injury, and the plaintiff was within the class of people intended to be protected by the law, then the defendant is said to be negligent per se. For example, if a driver turns left at an intersection without looking and hits a pedestrian in a crosswalk, then they may be considered negligent per se because they violated New York law on pedestrians having the right of way in a crosswalk.
Most personal injury cases are based on a theory of negligence. However, there may be cases where a person acts intentionally or recklessly – such as in a drunk driving accident. If you were hurt because of something that someone else did or failed to do, you may be able to file a claim against them, whether they acted negligently, recklessly, or intentionally.
Personal injury claims can be brought against any person or entity that was responsible for your injuries. This may include a driver who caused a car accident, a government agency that failed to maintain a sidewalk properly, a business, a landlord, or a homeowner. Typically, the claims are covered by their insurance company through a car, home, or commercial liability policy. A skilled Huntington personal injury lawyer will take on the big insurance companies to get you maximum compensation for your losses.
Types of Personal Injury Cases Our Law Firm Handles
The personal injury attorneys of The Odierno Law Firm have more than 150 years of combined experience advocating for injury victims in Long Island. Our law offices handle a range of personal injury claims, including:
- Car accidents
- Dog bites
- Bicycle crashes
- Motorcycle accidents
- Premises liability (including slip and fall)
- Pedestrian accidents
- Wrongful death
- Construction accidents
- Workplace injuries
- Bus accidents
- Train accidents
Each of our cases starts with a free initial consultation, where we will listen to your story and offer you advice on your options for pursuing a claim. If you decide to hire our law firm, we will get started immediately, investigating your case and researching relevant New York law. This may include requesting accident reports, interviewing witnesses, gathering medical records, and reviewing photos and videos.
Next, we will send a demand letter to the responsible party’s insurance company. A demand letter lays out the facts of the case, and the reasons why the insured is liable, and then makes a demand for damages (compensation). Insurance companies typically respond to demand letters with a counteroffer, beginning the negotiation process.
The majority of personal injury cases are resolved outside of court. It may still be necessary to file a lawsuit to protect your legal rights. Filing a lawsuit doesn’t mean that your case will go to trial; instead, it allows both parties to continue negotiations.
If your case does go to court, our attorneys will aggressively advocate for you. We have substantial trial experience and a track record of success. We will work hard to reach an agreement with the insurer, but if they refuse to offer you a fair settlement, we aren’t afraid to go to trial to ask a jury to return a verdict in your favor.
Hurt in an Accident? We Can Help.
Being injured in any type of accident can lead to serious injuries. In the aftermath, you may not know what to do. You may also be too overwhelmed by things like medical bills and doctor’s appointments to deal with the paperwork involved with filing a claim. Our law firm is here for you.
The Odierno Law Firm works with accident victims throughout Long Island to help them get the compensation that they deserve for their injuries. We will fight to make sure that you get top dollar for your personal injury claim. To learn more or to schedule a free consultation with a Huntington personal injury attorney, give our law office a call at 631-994-1802 or fill out our online contact form.
How Can I Afford to Hire a Lawyer for My Accident Case?
Personal injury law firms usually handle cases on a contingency fee basis. This type of fee agreement means that you won’t pay anything upfront. Instead, you will pay a percentage of your total recovery as your attorney’s fee.
Contingency fee arrangements allow you to hire a lawyer even if you don’t have the extra cash to pay a retainer or an hourly fee. Reach out to The Odierno Law Firm today to talk to a Huntington personal injury attorney about your case.
What Is My Personal Injury Case Worth?
The value of any personal injury claim depends on several factors, including the severity of your injuries, the size of the at-fault party’s insurance policy, and whether you are expected to be permanently disabled. Typically, people with more serious injuries recover more financial compensation to pay for their medical expenses, lost wages, emotional distress, and other losses.
During a free consultation, your Huntington 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. The Odierno Law Firm can help you get maximum compensation for your injuries. Reach out to schedule an appointment with a member of our team.
See also: Huntington Car Accident Lawyers