People choose Southampton to live in, work and visit because it’s an escape from life in a city. However, potential dangers may lurk even in quiet and scenic Long Island coastal towns. An injury from an accident can throw your life into upheaval, and you may not know where to turn for help.
If you are injured in an accident in Southampton, TonaLaw is here for you. Our skilled attorneys have a reputation for providing our clients with the highest quality representation. We are compassionate and understanding with our clients, and we fight toe-to-toe with insurance companies or responsible parties to ensure the clients get the compensation they deserve. Call a Southampton personal injury lawyer at TonaLaw today.
Our Southampton Personal Injury Attorney Practice Areas
Our elite attorneys have represented clients on a wide range of personal injury matters, including:
- Car, truck, and motorcycle accidents,
- Boating accidents,
- Accidents on private property,
- Bar or restaurant accidents,
- Slip-and-fall and trip-and-fall accidents,
- Dog and other animal bites,
- Construction accidents,
- Rideshare accidents, and
- Wrongful death claims.
This list is not exhaustive. We’ve handled many more types of legal claims. Speak with a Southampton personal injury lawyer from our office today to see if we can help you with your injuries.
Responsible Parties in Personal Injury Claims
One of the first steps for a possible personal injury claim is to determine the party responsible for your injuries and who will ultimately be responsible for paying you for the harm they caused. Depending on your claim, the responsible party may be:
- Another driver on the road,
- A store owner or manager,
- The bar or restaurant owner,
- Another property owner,
- A dog owner,
- A governmental agency,
- A boater,
- A rideshare driver,
- The rideshare company,
- An employee,
- A large corporation, or
- The manufacturer of a product.
Sometimes, more than one party is responsible for your injuries. For example, if a delivery driver hits you while they’re working for the delivery company, the delivery driver and the company may both be legally responsible. A Southampton personal injury lawyer can investigate who is responsible in your case and pursue your claims against the responsible parties on your behalf.
Personal Injury Law Basics
If you are an injury victim, you may be eligible for compensation from the responsible party. First, however, you must be able to prove your case under New York law. If you can’t meet the legal requirements for your personal injury case, you will not be eligible for compensation. The legal requirements vary depending on your personal injury claim. Generally, most injury victims use the legal negligence standard to prove their case to receive compensation.
Negligence
Negligence under the law generally means that the person at fault for an injury acted in a way that a reasonable person in similar circumstances would not have acted, causing another person harm. This includes careless or reckless behavior that results in an injury. For a negligence claim, you must be able to prove the following four elements:
- Duty of care—the responsible party owes you and others an obligation to act in a safe manner under the circumstances;
- Breach of duty—the responsible party did not fulfill their duty to act reasonably safely;
- Causation—the responsible party’s failure to act reasonably safely caused your accident or injury; and
- Damages—you suffered harm or injury as a result.
Although these legal elements may appear relatively straightforward, you may face many possible legal challenges when trying to prove one or more of these elements as some companies and people at fault may argue that your situation does not satisfy one or more of the required elements. Plus, you’ll need evidence to support each element. A Southampton personal injury attorney will understand the law, apply it to your situation, and gather evidence to help prove your claim so that you can recover the compensation you deserve.
Comparative Negligence
Injury victims often worry about what may happen to their claim if an insurance company or responsible party can prove that they were partly at fault for the accident where they were injured. Fortunately, under New York’s comparative negligence law, an injury victim may still be able to recover compensation even if they were partially at fault. A court will simply reduce the compensation based on the victim’s proportion of fault.
The court first assigns the injured party a percentage of responsibility. For example, if the court finds that the injured party is 20% at-fault, then, the court deducts this percentage from the injured party’s total compensation. In this example, if the total compensation was $50,000, and you are 20% at fault, you’ll still be able to recover $40,000 from the responsible party as that represents the remaining 80% of the claim.
If you believe that you may be partly at fault for your accident, or an insurance company claims that you played a role in the accident, you should speak with a Southampton personal injury lawyer immediately. An insurance company or the responsible party may use this to minimize your potential settlement or try to tell you that you don’t have a right to compensation at all. A knowledgeable New York personal injury attorney working for your interests will be able to tell you whether you have a legal compensation claim and will be able to fight for your maximum recovery under the law.
Potential Compensation in a New York Personal Injury Claim
Each personal injury case is unique, and your potential compensation depends entirely on the specific facts of your case. Generally, in a personal injury claim, you may be eligible for compensation that covers many expenses related to the accident or injury. This may include:
- Medical expenses and treatment fees;
- Lost pay from missed days of work due to your injury;
- Property damage, such as damage to a car, boat, or motorcycle;
- Lost future wages if your doctor believes you’ll be unable to work for a while; and
- Pain and suffering due to the emotional impact of the accident or injury.
You may be eligible for additional types of compensation, depending on your case. An attorney from our office can help you calculate your potential compensation.
Deadlines for a Personal Injury Claim
All potential claims have court filing deadlines. For a personal injury claim in New York, you generally must file your case in court within three years of the accident or injury. However, your deadline may be shorter in certain circumstances such as if a government agency or medical professional causes your injury.
Three years may seem like a long time, but it can go by quickly. If you miss this deadline, a court can dismiss or reject your case, and you won’t be able to obtain any compensation. Do not delay. Call a Southampton personal injury lawyer from our office to get started on your case today before any more time passes.
Trust Our Southampton Personal Injury Law Firm
When you are unexpectedly injured, you face many different obstacles and stresses. The attorneys at TonaLaw understand the challenges you face and will try to lighten your load. We’ll investigate your case, estimate your damages and deal with insurance companies so you can focus on your health. Our attorneys will fight for your maximum recovery under the law. Contact us today.