Accidents happen every day, all across New York. In some cases, an accident is nothing more than a matter of bad luck. In other situations, an accident is caused by another person.
If you were hurt because of another person’s careless, reckless, or intentional conduct, you might be able to file a personal injury lawsuit against them. Through a claim, you can recover financial compensation for your property damage, lost wages, medical expenses, emotional distress, and other losses. Our Stony Brook personal injury attorneys will fight to get you the compensation that you deserve for your losses.
At The Odierno Law Firm Accident and Injury Lawyers, we advocate for clients throughout Suffolk County, including Stony Brook, to help them get the money that they deserve for their injuries. We offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to set up an appointment with a Stony Brook personal injury attorney, reach out to our law offices today.
Types of Personal Injury Cases We Handle
Personal injury is an area of law that seeks to protect people who have been hurt because of something that someone else did or failed to do. It is sometimes referred to as tort law. In a personal injury lawsuit, the at-fault party (defendant) may be held financially responsible for any losses that an accident victim (plaintiff) suffered as a result of their wrongdoing.
If you were hurt in an accident, you can file a personal injury claim against the defendant. A defendant can be another person, or even a government agency or business. Our law firm has significant experience handling all types of personal injury claims in Long Island. Our practice areas include:
- Car accidents
- Dog bites
- Construction accidents
- Truck accidents
- Slips and falls
- Pedestrian accidents
- Premises liability
- Boating accidents
- Wrongful death
- Bicycle accidents
- Bus accidents
- Delivery vehicle accidents
- Motorcycle accidents
- Negligence claims
- Serious injuries
- Train accidents
- Uber and Lyft accidents
- Work-related injuries
- Birth injuries
- Spinal cord injuries
Each of our cases starts with a free initial consultation. During this meeting, you’ll get a chance to tell us your story and explain what happened. We will listen with respect and compassion before offering our legal advice on your options for pursuing a claim.
If you decide to hire our law offices, we will get to work right away to build the strongest possible claim for compensation. We will interview witnesses, request accident reports, consult with experts, review medical records, and research New York law. Our goal in each and every case is to get you the maximum amount of money for your claim as quickly as possible.
If you have been hurt in an accident, there is help. Contact our law firm at any time to schedule a no-cost, no-obligation consultation with a Stony Brook personal injury lawyer.
Filing a Personal Injury Lawsuit in Stony Brook, New York
Most personal injury claims are based on a theory of negligence, or carelessness. Negligence is the failure to use the level of care that a reasonable person would use in a similar situation. Personal injury claims can also be brought for intentional or reckless conduct, such as drunk driving accidents.
The plaintiff has the burden of proving that the defendant was careless in some way to win a negligence case. This requires introducing evidence of the following 4 elements:
- Duty: The defendant owed the plaintiff a duty to use reasonable care (such as by obeying traffic laws or keeping their property free of hazards).
- Breach: The defendant violated that duty in some way (such as by running a stop sign).
- Causation: This violation was the cause of the accident.
- Damages: The plaintiff suffered losses as a result.
In some cases, negligence is relatively straightforward. For example, in a rear-end accident, it is usually pretty clear that the at-fault driver was responsible for failing to stop before striking the other vehicle. In other cases, such as multi-vehicle accidents, it can be harder to parse out who exactly was at fault for an accident.
New York also follows the rule of contributory negligence. Under this law, a person who was partially responsible for an accident can still recover for their losses. Their total recovery will be reduced by the percentage that they were at fault.
Insurance companies often use rules like contributory negligence as a way to limit the amount that they pay out on legitimate claims. That is why it is so important that you have legal representation in a Stony Brook personal injury claim. Working with a lawyer is the best way to protect your rights and get maximum compensation for your injuries.
Most personal injury cases are resolved outside of court. That being said, it may still be necessary to file a lawsuit to protect your legal rights. That is because New York has a time limit for filing personal injury claims, which is known as the statute of limitations.
The statute of limitations for most personal injury claims in New York is 3 years. This means that, with a few exceptions, you have 3 years from the date of an accident or injury to file a lawsuit. If you don’t file a lawsuit within that time, then the defendant can seek to have your lawsuit dismissed.
The best way to protect your rights and get the compensation that you deserve is by working with an experienced Stony Brook personal injury attorney. Our law firm will work to build a strong case while handling all communications with the insurance company for you. We won’t rest until we have gotten you the money that you deserve for your losses.
Compensation and Settlements in Stony Brook Personal Injury Claims
Most personal injury cases are resolved through settlement rather than at trial. If your case does settle, it should include compensation for all of your injuries. Typically, this includes economic and non-economic damages. Together, they are known as compensatory damages.
Economic damages pay for your out-of-pocket expenses. They may include things such as property damage, medical bills, future medical treatment, lost wages, and reduced earning capacity. For example, if you were out of work for 3 months and will never be able to return to full-time work because of your injury, your economic damages should cover these losses.
Non-economic damages pay for intangible losses. These damages are harder to quantify, but they are just as crucial to a full recovery as economic damages. Examples of non-economic damages include pain and suffering, scarring, disfigurement, emotional distress, and loss of enjoyment of life.
Most personal injury cases will include money for both economic and non-economic damages. In cases involving intentional or reckless conduct, you may also be entitled to punitive damages. These damages are awarded in rare cases as a way to punish someone who acted in an outrageous manner.
Insurance companies often focus heavily on economic damages while downplaying non-economic losses. They often use a multiplier formula to come up with a number for non-economic damages. The adjuster will assign your case a number based on how serious they believe the accident was. This number will then be multiplied by your economic damages to determine non-economic damages.
The insurance company’s estimate of your losses is often far below your actual losses. Remember, the insurer’s goal is directly opposed to yours. They want to resolve your claim for as little money as possible, while your goal is to receive maximum compensation for your losses.
The best way to get the money that you deserve for your injuries is by working with a skilled Stony Brook personal injury lawyer. At The Odierno Law Firm Accident and Injury Lawyers, we are adept at negotiating high-dollar settlements for our clients. We thoroughly research and analyze each case to put together the optimal claim for compensation.
Most personal injury claims are resolved outside of court. However, if the insurance company won’t offer a fair settlement, our team will take your case to trial. In court, our seasoned litigators will present arguments, introduce evidence, and question witnesses before asking a jury to return a verdict in your favor.
Hurt in an Accident in Stony Brook? Call Us Today.
If you were injured in any accident in Stony Brook, New York, you might be dealing with lost wages, medical bills, and more. You may also be stressed and overwhelmed by the thought of dealing with the legal process. Our law firm is here to help.
At The Odierno Law Firm Accident and Injury Lawyers, we are fierce advocates for clients throughout Suffolk County who have been hurt in all types of accidents. We handle all cases on a contingency fee basis, which means that you’ll never pay a fee unless we recover money for you. To learn more or to schedule a free initial consultation with a Stony Brook personal injury lawyer, call us at 631-973-6221 or fill out our online contact form.