for Your Maximum
If you’re suffering from injuries after an accident in Harlem, you are likely facing an uphill battle with medical care and expenses, a difficult recovery, and a hard blow to the lifestyle you worked hard for before you were hurt. You may not be able to go to work or pay your bills, and there may be no end to your financial woes in sight. If your accident didn’t have to happen, the negligent party who caused it may owe you compensation. A Harlem personal injury attorney can assist.
An accident victim worries about their bills. Many people choose to file a claim because they are overwhelmed by expenses.
Your personal injury attorney will assess your damages to determine a fair settlement amount. This can include:
We want your settlement or verdict to improve your quality of life and prepare you for future treatment. Therefore, we will do everything we can to recover an appropriate amount through negotiations or at trial.
Without going into the weeds, a personal injury lawsuit is a legal case following an injury and its related expenses. In personal injury law, the injuries for which you can sue include bodily damages, pain and suffering, mental anguish, or disfigurement/disabilities.
Personal injury attorneys handle cases in which one party’s negligence has caused another person to be injured or killed. The areas our law firm represents include the following:
If this question is keeping you awake because you don’t know whether you can afford legal representation, allow us to explain a few things. Personal injury attorneys in New York work on a contingency-fee-basis. This means that if they take your case, they will not require payment unless they are able to get compensation for you. Then, their fee will come out of that compensation.
Another common mistake that victims of accidental injuries make is assuming that the insurance company is on their side. It is understandable, because you are facing many hardships at the time, and the insurance company claims adjuster will seem helpful. You may be tempted to think that they are working for you to ensure that you get fair compensation, but beware.
Before signing an insurance release, remember that the insurance company has just one goal: to get you to settle for the least amount of money. Your attorney will be your advocate during this process. The insurance rep, even if they act like they are, will not.
If you’ve been injured and you’re wondering what your personal injury claim may be worth, it is important to recognize that there are many factors that will influence your settlement. If any of these conditions are elements of your claim, it could be worth more:
This is why it’s so important to communicate with an experienced Harlem personal injury lawyer about the true value of your claim. The insurers most likely will not take these conditions into consideration if they are allowed to determine the value of your claim.
One of the first things you need to know about filing a personal injury lawsuit in NY is the fact that there is a time limit. This is known as the “statute of limitations,” and once it’s passed, the courts won’t hear your case. For car accidents, trucking accidents, bus accidents, motorcycle accidents and bicycle accidents, the Statute of Limitations is 3 years. BUT, if your claim is against a City Bus or some other municipality, you will have only 90 days to file a Notice of Claim, and if you fail to do so, your claim may be forever barred.
For this reason, it’s best to contact a lawyer immediately.
Statistics show that 95% of personal injury claims are settled without the need for a trial. Trials are expensive and time-consuming for both sides of the case, so everyone is motivated to reach an agreement.
Aside from saving money in court costs, the insurance adjuster knows that the jury may award a higher amount than you are willing to settle the claim for. Therefore, it is in everyone’s best interests to avoid taking the case to trial.
The more details, information, and documentation that you have to prove your case, the more likely it is to be successful. There are four basic elements of a personal injury lawsuit that must be met in order for it to be successful. These include:
You must be able to establish that the defendant owed a duty of care to you and that they breached that duty. You must also prove that the other party’s negligence was the cause of your injuries and the resulting damages.
The other driver must be proven negligent in order to have a successful case. You and your attorney will gather evidence to prove that the other driver caused the crash. Some useful ways to prove negligence include:
You must have sustained injuries in order to bring a lawsuit. If the other driver was negligent and caused a crash but you didn’t sustain any injuries and didn’t receive medical attention, you have no actual damages as a result. Therefore, you will not have a successful case.
Strong documentation and evidence are essential to a successful personal injury claim. You can never have too much evidence, only too little. If you don’t have enough evidence to prove your case, you won’t be able to succeed.
Keep in mind that the other driver’s insurance company may try to dispute your evidence. An experienced Harlem personal injury attorney understands the evidence needed and will work to ensure that he gathers everything necessary for a successful claim.
When it comes to identifying all potential defendants who may be liable for a personal injury, there are many factors that need to be investigated. The person who directly caused the accident may not be the only liable party. For example, in a drunk driving auto accident, the driver may be held responsible, but the person who served a clearly intoxicated person more alcohol could also be responsible.
If the parties fail to reach an out-of-court agreement or settlement, then the case advances to trial. During the trial, the jury is responsible for determining if the defendant is liable. If they decide in the plaintiff’s favor, the defendant will be expected to compensate the plaintiff for the identified damages.
Give us a call to get started with a free consultation!
If you have sustained an injury due to the fault of another, contact the Harlem Personal Injury Lawyer at Michael J. Redenburg, Esq. PC and get the wheels of justice spinning for you. Call 212-240-9465 now!