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Rosenberg & Rodriguez, PLLC

At Rosenberg & Rodriguez PLLC, our personal injury lawyers in Freepor have dedicated their careers to helping secure just compensation for accident victims who suffered injuries and loss due to the negligence of others.

What types of Accidents Can I Sue For

It is a fact of life that people sustain injuries on a daily basis often due to the negligence of others. All too often these accidents result in serious personal injuries that can forever change the victim’s life. If a person is injured due to the negligence of another person. The injured party has the right to seek monetary compensation for his or her damages. Personal injury attorney can help for these types of Accidents:

Possible Compensation Available to Accident Victims

In New York, personal injury accident victims may seek various forms of compensation:

Pain and Suffering: The most obvious and common form of compensation that an accident victim is entitled to seek is monetary compensation for the pain and suffering that he or she endures as a result of injuries. The amount of pain and suffering compensation will be based on several factors including the nature of the injury; the impact on the victim’s health and well-being; the victim’s age and health prior to the accident; the extent of the required medical treatment that the victim undergoes; whether the injury is temporary in nature or can expected to be permanent; whether the injury will cause some loss of enjoyment of life and pleasure; and other factors.

Medical Bills: Healthcare costs today are astronomically expensive. A person who sustains injuries in an accident can easily find themselves faced with tens of thousands of dollars in medical bills with no way to pay them. The law allows accident victims to seek compensation for medical bills sustained in an accident. Most auto accidents in New York are subject to no-fault law and the host vehicle’s auto insurance will cover medical bills through the no-fault endorsement of the policy. The minimum required no-fault coverage in the State of New York is $50,000.00. Non-vehicular accidents are not subject to no-fault law, however, most premises are insured and some have ‘medical payment coverage’ which is immediately available to cover the medical bills.

Lost Wages: An accident victim who sustains serious injuries may be required to be out of work for days, weeks, months or even years. In serious cases, a victim may be permanently disabled and never able to return to work again. The result of losing one’s income whether on a temporary or on a permanent basis can be devastating to one’s life. Accident victims can seek recovery for provable lost wages resulting from being unable to work following an accident.

Property Damage: An accident victim is entitled to seek compensation for the reasonable cost of repairs or replacement of property that has been damaged as a result of someone else’s negligence. The most common cases involve expenses related to the repairs of damaged vehicles. Other associated expenses can include, towing fees, storage fees and rental vehicle fees.

Proving Who is at Fault

New York is what is called a comparative fault state. Under comparative fault, the compensation of an accident victim can be reduced by the percentage of fault that is assigned to the victim for having caused the accident. For example, if you are involved in a car accident and the case cannot be settled with the insurance company and goes to trial, the jury will be asked to determine who is at fault for causing the accident. Under New York law, more than one party can be at fault for causing an accident. If the jury determines that you contributed 50 percent to the causing of the accident, the jury will then determine the total compensation you deserve for your injuries and damages. If, for example, the jury determines that your damages total $100,000, your final award will be reduced by 50% to account for your contribution for causing the accident. Thus, you would end up with an award of $50,000.

Determining who caused an accident, can be complicated and difficult. Often the involved parties will have differing versions of what occurred. Insurance companies will take advantage of any disputes on how the accident happen to either refuse to pay or to only offer a small percentage of the value of a case. This is why it is important to immediately seek out an experienced accident attorney to conduct a thorough investigation of the accident (contacting witnesses; obtaining surveillance videos; taking photos; hiring experts, etc.) to determine who was actually at fault.

Statute of Limitations for Personal Injury Claims

Statutes of limitations are laws that establish deadlines for when a person has to file a lawsuit. The deadline varies depending on the type of claim you are filing and depending on who you are filing the lawsuit against. For example:

  • Personal injury: In New York, most personal injury claims based upon negligence have a statute of limitations of three (3) years from the date the injury occurred. For example, if you are involved in a car accident and sustain personal injuries you will generally have three years to file a lawsuit against the person or persons that you believe are responsible for the accident. This three-year deadline would also apply to many other types of negligence-based injury claims such as trip and falls, slip and falls. However, as noted below, the deadline to file a lawsuit may be shorter if the person or entity that caused the accident is a local or municipal government.
  • Sidewalk Accidents: Just as with a car accident, many sidewalk accidents, such as trip and falls on defects or slip and fall accidents due to slippery conditions such as snow, ice, water or other foreign substance is generally three (3) years if the party responsible for the accident is a private individual or entity.
  • Premises liability: The deadline for a premises liability case, such as an injury due to a dangerous condition on private property (a building, house, shopping mall, store, etc.) is typically three years from the date of injury.
  • Wrongful death. Unfortunately, a people are often killed due to injuries suffered in accidents. In such cases, the victim’s next of kin typically have two (2) years from the date of the death to file a wrongful death action.
  • Intentional Torts: A person who has been injured due to the intentional act(s) of another person (for example, an assault and battery) has one year from the date of the intentional injury-producing act to file a lawsuit.
  • Exception: It is important to note that when the party being sued is a local or municipal government such as the City of New York or a local town, the statute of limitation or deadline for bringing a lawsuit is significantly shorter and there are other requirements that must be fulfilled before a lawsuit can be filed. These shorter deadlines will apply if the person that caused the accident is an employee of a local or municipal government or if the property or condition where the accident occurred is owned by a local or municipal government.

A qualified personal injury attorney can determine who the proper party to sue is and what deadlines apply.

Call Today for Your Free Consultation of personal injury attorney in Freeport

At Rosenberg & Rodriguez, our personal injury lawyers have dedicated their careers to protecting the rights of accident victims. If you have been injured because of someone else’s negligence, let us take care of your legal concerns while you are recovering from your injuries. Call today for a free, no-obligation consultation with one of our skilled personal injury attorneys.