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New York Personal Injury FAQs

As experienced personal injury attorneys in New York, we’ve helped countless accident victims find justice. If you suffered injuries in an accident caused by someone else, you deserve compensation. Contact us online to schedule a free consultation

Accidents happen—it’s just part of life. And while everyone gets hurt from time to time, injuries caused by another person’s negligent actions deserve special consideration. 

It’s important to understand that when we talk about personal injury cases, we’re not talking about skinning your knee. We’re talking about serious, life-altering injuries with physical, emotional and financial ramifications. These are injuries that were entirely avoidable and only happened because of someone else’s negligence.

At Jacoby & Jacoby, we understand that navigating your legal options after an accident is challenging, regardless of what type of injury you’ve sustained. We’re here to make it easier. 

When you need legal guidance, it’s a good idea to contact a trusted personal injury law firm in New York. In the meantime, check out the answers to some of our most frequently asked questions. 

Feeling crushed by medical debt after a serious accident? We may be able to help you secure a settlement through a personal injury lawsuit. Call our law office at (631) 289-4600 to explore your legal options in a free case evaluation. 

What Is a Personal Injury Lawsuit? 

A personal injury lawsuit is a legal action that arises when someone is injured due to the negligent actions of another party. In these cases, the defendant may be held liable for the plaintiff’s damages, and the plaintiff may be awarded compensation in the form of a settlement. Personal injury lawsuits involve a wide variety of accidents, including motor vehicle accidents, wrongful death, medical malpractice, premises liability, product liability and more. 

Do I Have a Valid Personal Injury Claim? 

Not every injury victim is eligible to pursue compensation through a personal injury lawsuit. In order for your claim to be valid, you must establish negligence by demonstrating the following:

  1. The defendant owed you a duty of care. 
  2. The defendant breached that duty.
  3. You suffered a serious injury (bodily harm or harm to property).
  4. The defendant’s breach of duty was the proximate cause of your injury.

Proving these elements can be difficult, which is why it’s important to work with a skilled personal injury lawyer to build a strong case. 

How Long Do I Have to File a Claim in New York?

Injury victims in New York typically have three years from the date of their injury to file a personal injury lawsuit. Failing to file within this timeframe typically excludes injury victims from pursuing compensation, but there are exceptions. For example, the three-year time limit may be extended if the injured person is a minor at the time of the accident.

In the case of wrongful death or accidents involving school districts or municipalities, the statute of limitations may be less than three years, which is why it is important to consult with an attorney soon after an accident.

Should I Take the Insurance Company’s Offer?

If you’ve been offered a settlement from the insurance company, it’s likely only a fraction of what you deserve. Remember: Insurance companies are businesses and at the end of the day, they care more about maintaining their bottom line than they do about you. They may use a number of tactics in an attempt to deny, prolong or reduce your settlement.

However, that doesn’t mean that securing a fair settlement from them is impossible. Insurance companies fear litigation because they don’t want to risk losing more money than they have to in a court battle. That’s why injury victims typically benefit from having a personal injury lawyer negotiate with the insurance company on their behalf. 

Do I Have to Go to Court to Get a Settlement? 

The majority of personal injury cases are settled outside of the courtroom, so don’t let the fear of a court trial dissuade you from filing a claim. Roughly 95% of pending lawsuits end with a pre-trial settlement, meaning that only one in 20 personal injury cases is actually decided by a judge or jury. The rest reach settlements outside of the courtroom. 

What Damages Can I Recover in a Personal Injury Case? 

While the precise amount of recoverable damages varies from case to case, injury victims who prevail in their lawsuits are typically awarded a number of compensatory damages. As the name suggests, these damages are intended to compensate the injured person for a number of accident-related losses and can be monetary or non-monetary.

Whereas monetary damages cover financial losses like lost wages, medical expenses, property damage, etc., non-monetary damages are incalculable losses such as pain and suffering. In addition to compensatory damages, a small number of injury victims are also awarded punitive damages. These are court-ordered and reserved for cases in which the defendant’s behavior was especially egregious, callous or malicious. 

What if I Can’t Afford a Personal Injury Attorney?

Too many injury victims fail to pursue compensation because they assume they can’t afford an attorney. Here’s what they don’t realize: Hiring a personal injury attorney doesn’t cost a dime upfront. That’s because personal injury lawyers work on a contingency-fee basis, meaning they don’t get paid until—and unless—they secure a settlement for their client. 

How Can a Personal Injury Attorney Help Me?

After a serious accident, it can be a challenge to perform basic tasks—let alone navigate your legal options. Luckily, you don’t have to when you partner with a personal injury attorney

An experienced attorney will investigate the scene of your accident, research pertinent details, consult with industry experts when necessary and help determine fault. They can help calculate your losses, draft a demand letter, negotiate with the at-fault party or insurance company and prepare a rock-solid case to ensure maximum compensation. 

Jacoby & Jacoby: Leading Personal Injury Attorneys in New York

No one deserves to suffer for someone else’s reckless actions. Unfortunately, that’s the situation that many New Yorkers find themselves in everyday. If you’ve suffered serious injuries in an accident caused by someone else, it’s important to understand that you do have legal recourse. 

At Jacoby & Jacoby, we’ve built our reputation on advocating for the rights of injury victims. That’s why our practice is one of the most trusted personal injury law firms in New York. When you’re ready to fight for your future, we’ll be here to help. Contact us online or give us a call at (631) 289-4600 to schedule your free consultation.

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