Long Island Personal Injury Lawyer Helping Clients Get the Compensation They Deserve
Accidents are a part of life, but what happens if you are injured as a result of an accident that could have been prevented? A personal injury claim is a method by which victims of accidents can seek to recover compensation for the expenses and pain and suffering they incur. If you have been injured because someone else didn’t do what they were supposed to, your first step should be to talk with a personal injury lawyer. They can walk you through your options and help you understand whether you have a personal injury claim in the state of New York and what compensation amount you may be eligible for.
MontanaroLaw P.C. is a Long Island personal injury law firm serving clients who have been injured through no fault of their own. To get more information about how we can help and what our free consultation looks like, contact our team today.
What Is a Personal Injury Lawyer?
A personal injury lawyer is an attorney who works with people who have been injured in an accident or injury that was the fault of another person. Often, these cases hinge on the fact that the other party caused the injury due to negligence. A personal injury law firm has the experience to determine whether a case qualifies as a personal injury case, educate you on the possible compensation you could be eligible for, and explain what the process will look like if you choose to pursue a case.
What Kinds of Cases Fall Under Personal Injury Law?
There are many situations that can result in an accident that may qualify for a personal injury claim. However, the exact circumstances are what determine whether you can seek compensation and damages. Keep reading to find out what some common circumstances are surrounding personal injury cases and how they may be presented in court.
Slip and Fall Accidents
Slip and fall accidents involve exactly what it sounds like. Someone slips and falls and injures themselves due to another person’s negligence. These cases usually involve either someone having an accident at a business or at someone else’s home, but they have to involve negligence or lack of due care by the responsible party in order to qualify for a personal injury claim. A textbook example might be if you go to the grocery store and the floor is wet from being mopped. You slip and fall and break your leg. If there was no sign alerting you to the wet floor, it could be deemed negligence on the part of the store, and you could file a lawsuit seeking compensation.
Car accidents are one of the most common situations that result in personal injury litigation. Anytime you are injured in a car accident that is the fault of the other party, it is important to talk with a personal injury attorney about your options. Often, insurance companies will try to get you to settle for less than you may be able to get if you pursue going to trial. If you have been injured in a car accident, such as a driver running a stop sign, rear-ended you, or failing to yield, you may have a case.
Truck accidents are another type of common personal injury situation, and these can be even worse than a car accident because the injuries are often more severe due to the size of the vehicle involved. Trucking accidents can result in traumatic brain injury, broken limbs, and even death. Common causes of truck accidents that could result in a personal injury case include the driver working beyond the legal limit of hours without sleep, carrying a load that was too heavy, which contributed to losing control of the vehicle or driving at excessive speeds.
Motorcycle accidents are very common in the Long Island area, and they can be very serious. When a motorcycle is involved in a motor vehicle accident, the rider has very little protection against the force of the crash and is likely to be thrown from the bike, resulting in another impact. Another driver not checking for clearance before changing lanes, pulling out in front of a motorcycle, or failing to stop at a stop sign are all possible causes of a motorcycle accident that could lead to a personal injury lawsuit.
Motor vehicle accidents aren’t limited to land in the Long Island area. Many people use boats for business and pleasure in this area, and that means there is the potential for boating accidents to occur. Common causes of New York boating accidents include:
- Failure to operate the boat correctly
- Driving the boat while under the influence of alcohol or another substance
- Accident or injury due to poorly maintained equipment
- Lack of life-saving equipment on board
If you have ever been walking and been approached by an aggressive off-leash dog or seen a dog owner clearly not being able to maintain control over the animal, you already know how scary these situations can be. Dog attacks can cause serious injuries and can put you at a high risk of infection and need ongoing medical treatment after the initial bite. There are specific rules and laws, including leash laws, for dog owners in New York, and if you are bitten as a result of an owner not adhering to these laws, you may have grounds for a personal injury lawsuit.
A premises liability case comes into play when you are injured due to someone not maintaining safe premises when they have the obligation to do so. This often happens with businesses because they are expected to keep their premises suitable for the public who may be coming onto the property as customers or clients. But it can also apply to private property. For example, if you have a wobbly concrete block step coming up to your front door and someone delivering a package steps on it and falls, it could result in a personal injury case.
Other common types of residential premises liability cases include accidents around playground equipment, pools, or trampolines in yards and incidents where someone injures themselves coming onto your property due to hazardous snow and ice accumulation. Residential premises liability cases can be challenging to win, depending on the circumstances surrounding why you were on the property, so it’s important to talk with a personal injury attorney if you think you have this type of case.
When you undergo a medical procedure or surgery or start care after receiving a diagnosis, you are placing your trust in the medical system and your doctors and other healthcare professionals. But what happens when they make a mistake? If you are injured or have medical issues because of a missed diagnosis or medical error, you may be able to file a medical malpractice case against either the practitioner themselves or the larger health care facility. These types of claims often involve larger ranges of monetary compensation because they can lead to lengthy medical treatment, which means large hospital bills and pain and suffering.
While any kind of injury or suffering at the hands of another person’s negligence is tragic, there are times when the worst outcome possible happens, and someone loses their life. This is where a wrongful death case may come into play. A wrongful death lawsuit can apply to any of the situations and scenarios discussed above, but instead of the victim filing the lawsuit for compensation based on injuries, medical bills, and lost time off of work, the victim’s family files the lawsuit. They can request compensation for bills incurred, loss of companionship, loss of supporting income, and pain and suffering, depending on the specific circumstances.
What Kinds of Compensation May I Be Eligible For?
When an accident happens and someone is injured, it doesn’t take long for the medical bills to pile up. There are also other financial considerations, such as having to miss time off from work or even possible job loss. In some cases, the person may even be permanently disabled, meaning they can’t return to their normal profession and face a permanent loss of income.
Filing a personal injury claim can help you recoup some of that money and help you get back on track financially. What kind of compensation someone is eligible for and how much they may be able to pursue through the courts depends on the specific situation and is something you should talk with a personal injury lawyer about. Here are three common categories of compensation that the courts may award to victims if they win their personal injury cases and how you may be eligible to seek these damages from the courts.
Medical bills from accidents in New York can add up quickly, and it’s not unusual for a multiday stay in the hospital to cost in the tens of thousands of dollars. If you had serious injuries that required surgery or ongoing therapy, these bills could be even higher. In some cases, victims require medical equipment as well, such as a wheelchair, to be able to function independently after the accident, and all this comes at a high price. If you were injured due to the negligence of another party, you might be able to seek financial compensation for your medical bills related to the accident through a personal injury suit.
This is one reason why it’s so important to talk with a personal injury attorney before you consider settling with the insurance company. Injuries are often more severe than they first seem, and you may not yet know exactly what is going to be involved in your recovery or its costs.
When you are seriously injured in an accident, it can take days, weeks, and even months before you are able to return to work. Depending on the benefits your job offers, this may mean that you have to take significant time off without pay or at a lower pay rate. In some cases, you may even end up having to resign from your job because you are unable to complete your duties. Lost wages, and potential ongoing loss of expected income due to accident-related job loss, are something that you can attempt to recover with a personal injury lawsuit.
Pain and Suffering
Physical pain and emotional suffering may not have a receipt attached to them, but they are still a very real thing and an aspect of many personal injury cases. Your attorney may be able to seek additional compensation above any actual medical bills or lost wages as part of a pain and suffering amount. If you think that your situation may be one where pain and suffering damages apply, you can discuss this option with your attorney.
How Much Does a Personal Injury Attorney Cost?
Personal injury attorney costs vary, but many do not charge for anything upfront. Instead, they operate on a percentage pay scale based on if you win your case. This means that you may not have to pay anything upfront or pay anything if you don’t win your case. If you do win, the attorney takes a percentage of the award amount. For example, if you were to be awarded $100,000 from the courts and the attorney fee was 10%, they would get paid $10,000. It’s always important to ensure that you understand the attorney fees involved before you hire a lawyer to represent you.
Let MontanaroLaw P.C. Fight for Your Rights
You don’t have to suffer alone. At MontanaroLaw P.C., we partner with our clients to provide practical legal counsel and effective solutions so they can go to trial or enter into a settlement with confidence that they are getting the compensation they are entitled to. We are here to answer your questions, help guide you through the civil court system, and fight for your interests.
If you’re ready to work with a personal injury law firm that has a proven track record of helping clients recover compensation, call MontanaroLaw P.C. at (516) 809-7735. Our team is standing by to take your call, answer your questions, and help you on the road to financial recovery.