New York Injury Attorney
At The New York Personal Injury & No-fault Collections Law Firm, P.C., we understand the pain and difficulties our clients go through after they have been involved in a car or other personal injury accident, from medical costs, injuries, lost income and so much more.
We also understand how cunning insurance companies can be when trying to settle for less than the actual damages, not to mention the unorthodox tactics they use to try and derail court cases.
For this reason, you need a New York personal injury attorney who understands your pain and the justice process to ensure you get a deserved settlement. For legal services ranging from personal injury and no-fault collections to business litigation, call The New York Personal Injury & No-fault Collections Law Firm, P.C. toll-free today at 1 (833) TONALAW or text 1 (631) 780-5355
Types of Damages You Can Recover in a Personal Injury Case
Special compensatory damages
This compensation will take care of any monetary expenses the plaintiff incurred due to injuries. They include loss of earnings, medical bills, household expenses, loss of future earnings and future medical expenses among others.
Special compensatory damages
Such compensations cover non-monetary damages incurred by the plaintiff. Some of the common general damages include pain and suffering, loss of companionship and mental anguish.
Wrongful Death Damages
These damages will be awarded to the surviving family. The most common claims in this category cover the burial and funeral expenses, all medical bills before the death, loss of family’s financial contribution, loss of support and services, loss of consortium and companionship not forgetting the emotional trauma on the loved ones and family members.
Punitive Damages
A court of law may award the plaintiff these damages should it find the defendant’s behavior to be reprehensible or despicable. Some of these behaviors include fraudulent behavior, sexual assault or aggravated battery.
Personal Injury Claims Frequently Asked Questions
A Personal Injury claim compensates victims of accidents.
Personal injury cases arise from legal disputes that occur when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. The plaintiff in a personal injury lawsuit is the person who has been injured and is seeking finanacial compensation from the insurance provider of the offending motorist.
Motor Vehicle Accidents (MVA) are the top cause of Personal Injury claims in Long Island.
According to the New York State Department of Health, there were 91,428 motor vehicle accidents in Nassau County and 78,582 accidents in Suffolk County in 2014. These don’t all go on to become Personal Injury claims, though. According to National Highway Traffic Safety Administration estimates, about 10 million or more crashes go unreported nation-wide each year.
Absolutely not. Auto accidents are one of the most recognizable claims, but personal injury cases can stem from a number of accident types.
At TonaLaw, we provide experience that is backed by 20 plus years of trial and pre-trial settlements. Our understanding of how to create positive results at trial has helped secure millions of dollars in damages for our clients.
In our experience, some common personal injury cases that arise in Nassau and Suffolk county are, but not limited to:
- Dangerous and Defective Products
- Truck, Bus, Motorcycle, or Pedestrian Accidents
- Slips and Falls
- Trip and Falls
- Construction Accidents
- Dog or Animal bites
- Negligent Security
- Insufficient or Negligent Property Maintenance
- Others
In general, the only reason the insurance adjuster for the other insurance company wants your statement is to attempt to to build a defense against your claim or to minimize the payment of the claim.
While speaking with the insurance adjusters – both your own and the other parties – is fine, it is best to do so under the guidance of an experienced Long Island Personal Injury attorney. If you speak with the insurance adjusters before consulting with an attorney, you could reduce or negate the compensation you deserve.
NYS Statute of Limitations for Personal Injury claims is 3 years
A statute of limitations is a deadline by which a personal injury claim must be made. These limits are set by state and legal case type, but the New York SOL for claims of reckless negligence resulting in personal injury must be made within three years of the date of accident.
Long Island Personal Injury claims require the plaintiff to establish that he or she has suffered “serious injury”
According to NY State Insurance Law, a personal injury lawsuit requires the victim to establish that they have incurred basic economic loss of over $50,000 or ‘serious injury’. The types of physical damage that constitute ‘serious injury’ include, but are not limited to:
- Dismemberment
- Disfigurement
- Fracture
- Significant limitation of use of a body function or system
- Severe, traumatic, and permanent injury or impairment
An experience Long Island Personal Injury Attorney can help to identify whether or not a client’s injuries fall under the legal classification of ‘serious injury’ in any free consultation.
Dealing with Insurance Companies After Your Personal Injury Accident
1. New York Personal Injury Lawyers Deal with Insurers On Your Behalf
If you have been hurt in an accident that you believe was the fault of a person or a company that was negligent, you may have the right to pursue a personal injury claim to recover your losses. Sometimes, making this claim can seem par-for-the-course, like filing an insurance claim on another driver’s third-party liability policy. Other times, the path to find justice and rightfully reclaim your losses can feel obscure, such as when trying to hold manufacturers of defective products liable for the injuries they caused.
In any type of case, know that the third-party liability insurance company you deal with is not your friend. They work in the interests of their company, and those interests include maximizing profitability by paying out as little as possible for each claim.
Your lawyer can help you avoid common mistakes insurers exploit to reduce claims. For instance, an insurance company representing the driver who hit you may ask you to make a recorded statement. Anything in this statement could be used to cast doubt on your injury’s severity, or it could even be used to paint you as the at-fault party.
Essentially, having a lawyer means talking to insurers as little as possible, giving you peace of mind and a higher chance at a full, fair injury claim.
2. Your Attorney Will Estimate the Full Value of Your Claim with the Help of Professional Experts
An insurance adjuster will do everything they can to reduce or deny your claim. One of their most common — and most effective — tactics is to simply throw a settlement offer at injury victims without any sort of financial context. The injury victim may think that the settlement is fair, or they may be intimidated into thinking they have to accept or get nothing.
In truth, only medical and financial experts can predict the long term costs of something like a New York car accident injury. A settlement amount that pays for your ER bill may seem fair, but this money quickly runs out once you factor in long-term treatment costs. You also have to consider lost income, necessary surgical procedures and the possibility for continued medical care in the future.
New York personal injury lawyers know that they need to talk to experts in order to get this information. They can rebut unfair offers from insurers and back their requested settlement up with facts, figures, and legal precedent.
3. Your Lawyer Files Everything You Need Properly and On Time
Injury claims and especially lawsuits require a heap of paperwork. A single mistake with filing this paperwork can jeopardize your claim. Not using the right language to describe fault, for instance, can allow a defendant to convince a judge that your claim should be dismissed. You could also forget a critical deadline, which could result in you being barred from bringing your claim.
Attorneys deal with all of these tasks on a routine basis. Getting a notice of a motion to dismiss your case in the mail could chill you to the bone, but an experienced lawyer will know that this is part of an insurer’s standard procedure to weaken claims.
Again, the benefits a New York injury lawyer can offer you come down to convenience and expertise. You worry less about the responsibilities associated with having a viable claim, and you also get guidance that helps you make the best moves possible for seeking your ideal outcome.
4. Get the Convenience and Confidence of Working with a New York Personal Injury Attorney
Your case deserves the highest chance of success, and a personal injury lawyer in new york can help you accomplish just that. Their services reduce the burden a claim puts on your life, while ensuring that your claim takes advantage of every legal remedy available under the law.
Best of all, these services are provided at no up-front cost to you. Many New York personal injury law firms, including The New York Personal Injury & No-fault Collections Law Firm, P.C., work on a contingency basis. That means that your services cost you nothing until your case is won. If you are unfortunate enough to not have a successful case, you don’t owe anything.
Even better, you can get started learning about your possible claim during a free consultation. Schedule a free, no obligation review of your potential case when you call 1 (833) TONALAW or contact us online now.
10 things you need to know if you have been injured in a car accident
Free “No Stress” Personal Injury eBook by Thomas Tona, Esq.
Why The New York Personal Injury & No-fault Collections Law Firm, P.C.?
Thomas Tona, the founder of The New York Personal Injury & No-fault Collections Law Firm, P.C. and also an attorney, has worked on numerous personal injury cases. Therefore, he knows exactly what it takes to win such a case.
It’s no doubt insurance company adjusters will try and use underhand tactics to get you talking to them. Eventually, you may end up saying something that could jeopardize your case in the long run. The most important fact to keep in mind is these adjusters have a sole purpose. To protect their clients, the insurance company.
Our Legal Team Attorneys
Our team of New York personal injury lawyers have decades of combined experience representing victims of car accidents, truck accidents, premises liability, wrongful death, and more. We know what it takes to help you get the full compensation you deserve.