Winning a New York Personal Injury LawsuitWinning is not always about money. Winning when you've been wronged has much more to do with it than the big check you get. Sometimes it makes a point. Of course, in New York personal injury law, winning is definitely about financial protection. It's important if you or a loved one has been wronged whether it's medical malpractice, a hit and run accident, or many others to get this financial protection.
Who can help?
First and foremost to winning a New York personal injury lawsuit is who you hire for legal representation. There are thousands of personal injury lawyers just in New York city, and many more outside of it. However, you can narrow the field down quite a bit by years experience, cases won, and price. A lawyer is like a lighthouse ensuring a ship reaches harbor: without it, you may crash and come up with nothing.
How soon must you file a New York personal injury claim?
Each state has different time limits for filing a personal injury claim. In New York, you must file the lawsuit within 3 years of the accident. There are some variations to the laws in other states. Generally you don't want to rush a lawsuit nor wait too long. If you file too early, and suffer further injuries after not claimed, you stand to lose some financial compensation. Of course, if you wait too long it won't matter at all. The best policy is to consult with a doctor, then your lawyer, and when the injury affects are clear, to file a claim.
What damages can you get?
States vary again on what kind of damages you can claim, but generally the scope of the laws is very much the same. All common personal injury lawsuits such as hit and run, brain injury, medical malpractice, traffic accident, etc can be claimed. However, what many fail to understand is that pain, suffering, and trauma also will be compensated for. If you suffered greatly and your life changed, you may get more from pain and suffering damages than for the actual injury.
How do you prove liability?
Your lawyer's job is to prove liability and damages. Liability is who's at fault and why. Sometimes this is quite clear: someone ran a red light and hit you. Calculating damages is different, as you'll be looking at how the accident affected you both in the short and long term. If you cannot work your job ever again, financial compensation should include loss of work. If you suffered major physical and mental pain, you deserve more. Proving this usually involves a doctor, expert witnesses, actual witnesses to the incident, and if any laws were broken such as running a red light.
How much will you get?
Personal injury lawsuits in all states can be quite high. It does depend on who you are suing. If you're suing a major company with a lot of insurance, the damages could be of great value. On the other hand, if you are hit by a truck from a small business, they may have less money to give. Usually these cases need not go to trial. You and your New York lawyer will likely get an offer to cover the damages and stay out of court; this saves you time and money.