Staten Island Personal Injury Attorney

The actions you take following an accident can determine how much compensation you can ultimately recover for your injuries. To help protect yourself, follow the steps below.

• Seek medical assistance to treat any injuries sustained. Seek medical help for any injuries. Do not ignore any injuries, including what you may perceive as relatively minor injuries. In many cases, the adrenaline from the accident can prevent you from immediately noticing the extent of your injuries. Ignoring your injuries could worsen them unintentionally. Instances like bearing weight on a broken limb, for example, could lead to a longer healing time and a harder road to recovery down the road. Additionally, some injuries are not visible but extremely dangerous, such as traumatic brain injury or spinal cord injury. A medical professional can diagnose these injuries immediately after the accident and ensure you receive the necessary treatment. A professional medical evaluation also records exactly when your injuries likely took place. In some cases, that record can prove essential to your injury claim.

• Report the accident. Be aware of the proper channel for reporting an accident, depending on where the accident occurs. For example, if you suffer an accident on the road, you should report the accident to the New York Police Department. If your accident occurs in a store, you may want to notify store management about the incident. Reporting the accident helps create an incident report. That incident report then allows you to refer back to any evidence and the narrative collected at the time of the accident.

• Collect photographic evidence. With most people now carrying cell phones wherever they go, collecting evidence may prove relatively simple. You can quickly photograph the accident scene, which will provide an easier look back at exactly what may have caused or contributed to the incident. You will also want to take photos of your injuries. While at the scene, you may also want to get contact information for any witnesses. Witnesses can help provide an outside perspective on what likely led to the incident.

Get in touch with a personal injury lawyer to preempt and protect your injury claim. Before you talk to the liable party’s insurance company, take the time to talk to a lawyer and ask questions about your claim. A lawyer can tell you what to expect as you manage your Staten Island injury claim. They will be able to advise what you should and should not say after your accident and other means of protecting your right to compensation.

If you suffered injuries because of someone else’s negligence on Staten Island, you may not know whether you have a valid personal injury claim to seek compensation. A personal injury lawyer has experience collecting evidence necessary to determine who likely bears liability for your accident. A lawyer will ask several key questions in pursuing the at-fault parties.

• Who bore a duty of care to you during the accident? A “duty of care” implies that the other party owed a duty or responsibility to keep you safe from potential injury. For example, Staten Island drivers bear a duty of care to others on the road. A property owner might bear a duty of care to anyone who legally visits that property—either public or private.
• Did the liable party violate the duty of care? Violations of the duty of care usually involve some negligence on the part of the liable party. Negligence can be as simple as failing to clean up a spill or as complicated as ignoring the rules of the road while trying to reach a destination.
• Did that violation lead to your accident and injuries? The other party’s negligence must have caused your accident and damages. You may have slipped and fallen due to a neglected spill or found yourself involved in a serious car accident with a driver who chose to text and drive and cut you off. If the other person’s actions caused or contributed to your damages, they are likely liable.

Sometimes, determining the factors that led to your accident may uncover more than one party bears liability for your Staten Island accident. If you discover that more than one party shares liability for your injuries, you may have the right to file a claim against each one.

Do I Have the Right to File a Claim if I Did Not Suffer Injuries?

You have the right to file a claim when you suffer damages due to the negligent actions of another party. Most often, damages include a serious injury sustained because of an accident that resulted from that party’s negligence. However, you may also claim damages when you suffer property damage in an accident. After a car accident, for example, you can claim compensation for the damage to your vehicle even if you did not sustain any injury in the accident.

In some cases, you may also have the right to claim compensation for emotional distress suffered due to an accident caused by another party’s negligence. You should, however, consult an attorney to determine whether you can claim emotional distress in your particular injury claim.

You do not have the right to file an injury claim when you suffered no damages due to the other party’s negligent actions, even if you were in a very dangerous situation. Suppose, for example, that you narrowly missed a serious car accident with a speeding driver who looked down at their phone. While that driver may face criminal consequences for those dangerous actions, you would not have the right to file a claim against that driver since you avoided damages.

Getting hurt due to negligence often leaves victims and their families wondering whether they’ll be able to recover the money they need to get life back on track.

New York State’s personal injury laws provide a legal path to hold individuals and businesses accountable for irresponsible behavior. You can seek compensation for your damages by filing a civil court lawsuit or negotiating with the at-fault party’s liability insurance provider.

While money cannot undo the harm you suffered, fair restitution can ease some of your economic struggles and provide you with the resources you need to recover. Unfortunately, insurance companies are notorious for using unfair tactics to dispute their clients’ liability and offer as little compensation as possible.

The experienced Staten Island personal injury lawyers at Jacoby & Meyers, LLP can help you demonstrate the extent of your injuries, prove the at-fault party’s negligence, and maximize the value of your claim. Our team understands the struggles and financial challenges of suffering a severe injury. That’s why we’re passionate about helping clients on Staten Island and throughout the tri-state area protect their legal rights.

The damages you can pursue in a personal injury claim include:

• All current and future medical expenses that resulted from your injuries, like hospital bills, prescription medications, home health aides, physical therapy, and mobility devices.
• You can claim reimbursement if you lose income because of your injury. In catastrophic cases, such as those involving permanent physical or cognitive disabilities, victims can also file for the financial help they’ll need due to leaving the workforce.
• In a personal injury claim, you may also include non-economic damages, such as pain and suffering. Although challenging to appraise, courts in New York State recognize the significant impact of these emotional and psychological damages.

Many factors can affect the amount of compensation you could recover, such as the severity of your injuries, any pre-existing conditions you may have, available insurance coverage, and more. While we can’t make any guarantees as to the amount of money you will receive, the attorneys at Jacoby & Meyers, LLP, can promise to do all we can to maximize your financial recovery and help you get all you deserve.

A Note on Car Accidents: PIP Insurance in New York

If you register a vehicle in New York, you must carry personal injury protection insurance (PIP) in addition to your liability coverage. PIP insurance applies any time the insured suffers an injury in a car accident, regardless of who caused the accident. PIP covers the initial medical costs often associated with a serious accident.

While your PIP insurance may not cover the full cost of treatment for auto accident injuries, it can alleviate much financial strain. Contact your car insurance provider to learn more about your PIP coverage and how it can help you after a serious accident.

If you suffer any injury due to the negligence of another party, you should contact a lawyer as soon as possible to learn about your rights. Injury claims, even for seemingly minor injuries, can prove extremely complicated. While people can attempt to handle their claims independently, a lawyer is particularly necessary for the following circumstances:

• The insurance company tries to dispute liability for the accident.
• The insurance company denies the extent of your injuries from the accident.
• The insurance company offers a low initial settlement.
• You have questions about the claim process.

If you have questions about the claim process, consider talking to a lawyer about your case. A Staten Island personal injury lawyer can guide you through the claim process and help you feel more confident in each step. The insurer will take any advantage they can, but a lawyer can help keep an even playing field.

New York’s Statute of Limitations

Also, keep in mind that New York places a statute of limitations on how long injured parties can file personal injury lawsuits in court. For most personal injury claims based on negligence, New York allows you three years from the date of your injury to file. If you don’t have an attorney file a lawsuit within that time, you will likely forfeit your rights to obtain compensation. Keep in mind that claims involving medical malpractice, wrongful death, and other scenarios have different (often shorter) statutes of limitations, and the insurance company may also have strict and short deadlines on when you can file a claim with them.

Speak to a Staten Island personal injury attorney right away to ensure you don’t miss important deadlines so you can get the compensation you need.

Personal injury lawyers understand that you may not have the funds available after an accident to handle legal fees up-front. At Jacoby & Meyers, LLP, we start with a free consultation to understand your claim and the steps needed to succeed. We take many of our cases on a contingent fee basis, which means that instead of paying up-front for legal services, our clients pay a percentage of their injury settlement, but only if they receive one.

In many cases, working with a lawyer can significantly increase the financial compensation you can recover in a personal injury claim, even after you pay for your legal expenses.

The time it takes to resolve a personal injury case can vary widely based on a number of factors. Here are some factors that can influence the timeline of resolving a personal injury case on Staten Island:

• Severity of Injury: Cases involving more severe injuries might take longer to resolve due to the need for extensive medical treatment and evaluation of long-term effects.
• Liability and Disputes: If there is a clear liability and minimal disputes over who is at fault, the case might be resolved more quickly. However, if there’s a dispute over liability, the process could be prolonged.
• Evidence and Investigation: The time it takes to gather evidence, interview witnesses, and investigate the incident can impact the timeline. Complex cases may require more thorough investigation.
• Negotiations: Negotiating a settlement with the at-fault party’s insurance company can take time. The back-and-forth process of reaching an agreement on compensation can vary.
• Medical Treatment: The length of time required for medical treatment and rehabilitation can influence the case’s timeline. It’s often best to wait until the full extent of your injuries and recovery is understood before settling.
• Court Process: If a settlement cannot be reached, the case might proceed to court. The court process can be lengthy due to scheduling, legal procedures, and potential delays.
• Complexity of the Case: Complex cases involving multiple parties, multiple injuries, or unique legal issues can take longer to resolve due to the intricacies involved.
• Lawyer’s Approach: Your attorney’s approach to the case can impact the timeline. Aggressively pushing for a quick settlement might lead to a faster resolution, but it could also result in a lower settlement amount.

Given these variables, it’s challenging to provide an exact timeframe for resolving a personal injury case in Staten Island. Some cases might settle within a few months, while others could take a year or more. To get a better understanding of how long your specific case might take, consult with a personal injury attorney who can evaluate the details and provide you with a more accurate estimate based on their experience and knowledge of the local legal landscape.

Yes, you might still be able to recover compensation for your personal injuries in Staten Island even if you are partially at fault. New York follows a pure comparative negligence system, which means that your compensation will be reduced by the percentage of fault attributed to you.

Example: Let’s say you were involved in a car accident and you were found to be 20% at fault for the collision, while the other party was 80% at fault. If your total damages were determined to be $10,000, your compensation would be reduced by 20%, and you would be eligible to receive $8,000 ($10,000 – 20%).

It’s important to note that New York’s comparative negligence system allows for compensation even if you are primarily responsible for the accident, as long as some level of fault can be attributed to the other party involved.

In personal injury cases where there is shared fault, determining the percentage of fault for each party can become a complex legal process. This often involves investigation, evidence gathering, witness testimonies, and expert opinions. To navigate the complexities of comparative negligence and maximize your potential compensation, it’s recommended to consult with an experienced personal injury attorney. They can help protect your rights, negotiate on your behalf, and ensure you receive a fair settlement based on the circumstances of your case.

The personal injury claims process in Staten Island involves specific steps and considerations to keep in mind. Here’s an overview of the typical process:

• Seek Medical Attention: Your health and well-being are your top priority. Seek medical attention immediately after the injury, even if the injuries seem minor. Document all medical treatments, diagnoses, and expenses related to your injuries.
• Preserve Evidence: If possible, gather evidence at the scene of the accident. This may include taking photos, collecting contact information from witnesses, and obtaining any relevant documents or records.
• Consult an Attorney: It’s advisable to consult with a personal injury attorney as soon as possible. An experienced attorney can provide legal advice, guide you through the process, and protect your rights.
• Investigation: Your attorney will initiate an investigation into the incident, gathering evidence, interviewing witnesses, and collecting relevant documents.
• Filing Your Claim with the Insurance Company: Your attorney will submit your claim to the insurance company and outline the details of the incident, your injuries, and the compensation you are seeking.
• Negotiations: The insurance company will review the claim and may respond with a settlement offer. Your attorney will negotiate on your behalf to secure the best possible settlement. Negotiations can go back and forth until both parties agree on a settlement amount.
• Filing a Lawsuit: If a fair settlement cannot be reached through negotiations, your attorney may file a lawsuit on your behalf. This initiates the formal legal process.
• Discovery: During the discovery phase, both sides gather evidence, exchange information, and may depose witnesses. This phase is meant to uncover all relevant facts and build a case for trial.
• Mediation or Settlement Conference: Before proceeding to trial, there may be a court-ordered mediation or settlement conference where both parties attempt to reach a resolution outside of court.
• Trial: If a settlement still cannot be reached, the case will proceed to trial. Both sides present their evidence and arguments to a judge or jury, who will determine liability and damages.
• Verdict and Appeal: After the trial, a verdict will be reached. If you win, you will receive your awarded compensation. If either party feels the outcome was influenced by judicial or procedural errors, they may have the option to appeal the decision.
• Collection: If you are awarded compensation, the other party or their insurance company is responsible for paying the amount. Your attorney will work to ensure you receive the compensation you are owed.

Each personal injury case is unique, and the timeline and specific steps may vary based on the circumstances. It’s crucial to work closely with a qualified personal injury attorney who can guide you through the process and help you achieve the best possible outcome for your case.

Insurance companies typically want to avoid personal injury lawsuits. Taking an injury claim to court means increased legal costs, which the insurer likely wants to avoid, if possible. However, in some cases, your lawyer may recommend going to court to maximize the compensation you can recover for your injuries. You have increased odds of going to court if:

• You have severe injuries that will require substantial compensation
• The insurance company disputes liability for your claim
• The insurance company heavily disputes the extent of your injuries

A lawyer can help discuss your odds of having to go to court and provide a better idea of what to expect. If your case goes to court, the personal injury lawyers at Jacoby & Meyers, LLP, will prepare to represent you.

If someone else’s negligence injured you in an accident, contact Jacoby & Meyers, LLP, and let our attorneys fight for you. We have the experience to guide you through the claims process and implement the appropriate strategy to get you the maximum compensation you deserve.

As the injured party, and the one pursuing medical care, you will most often need to make arrangements to pay for your medical bills, even when someone else caused your injury.

While you may have the right to pursue compensation through a personal injury claim, the party that caused your accident will typically not have to pay your medical bills directly. Your claim may provide you with the funds to cover the medical bills after the fact. You will have to determine your options for covering and managing the often extensive medical bills that can go along with a serious accident.