Approaching a personal injury lawsuit can be intimidating for victims in Kingston. That is why our lawyers are prepared to assist you in filing, proving, and winning your case.
To start outlining your personal injury case, our lawyers will identify who is at fault for the accident in question. We can do this by investigating the incident and gathering evidence of negligence. We will also assess the value of your claim at this time so that we can request an accurate amount in compensation in your lawsuit. Depending on the cause of your injuries, you might be subject to New York’s tort threshold for certain personal injury cases. This applies to auto accidents and those injured in auto accidents, including bicyclists and pedestrians. Regardless, you will have three years to file your lawsuit for injury in Kingston. During your case, you will have to submit proof of damages confirming the fact that you have incurred losses because of the defendant’s negligence.
For help with your case from our Kingston, NY personal injury lawyers, call The Martello Law Firm, PLLC today at (914) 685-6950.
Outlining Your Personal Injury Claim in Kingston, NY
When preparing your personal injury case in Kingston, our lawyers will start by outlining your case and nailing down the specifics, like who the negligent party is that caused your injuries.
The first item to cross off the list is determining fault. In some personal injury cases, several parties might be involved. For example, if you were injured because a store employee acted negligently, their employer might also be liable for your damages. By reviewing the available evidence and information, like surveillance footage, eyewitness statements, and incident reports, we can identify who exactly is liable for your injuries in Kingston. Such evidence can be organized to prove fault against the negligent party or parties involved in your case.
After determining the fault, we will also assess the value of your claim. This can allow us to calculate your deserved damages more easily and include your desired compensation amount in your complaint. To do this, we will need copies of all bills or invoices you received because of the accident. This will include records of medical bills, lost wages, and other out-of-pocket expenses.
Tort Threshold for Certain Personal Injury Cases in Kingston, NY
Certain personal injury cases are held to a tort threshold in Kingston. This threshold specifically pertains to auto accident victims and dictates when they can sue for injury.
New York is a no-fault state for most motor vehicle accidents. Unless they meet the serious injury threshold as laid out in I.S.C. Law § 5102(d), victims must turn to their personal injury protection insurance for compensation. The serious injury threshold applies to most victims hurt in car accidents, including drivers, passengers, pedestrians, and bicyclists. Motorcycle accidents are not covered by personal injury protection insurance in Kingston, meaning victims hurt in such incidents do not have to meet a tort threshold to sue for injury.
Victims injured in other accidents, like slip and falls, can sue for compensation, regardless of the severity of their injuries. If you were hurt on the job, you might have to file a third-party work injury lawsuit to recover damages outside of what your employer’s workplace liability insurance might provide.
Filing Guidelines for Personal Injury Lawsuits in Kingston, NY
There are certain filing guidelines injury victims should follow when suing a negligent party in Kingston. These include the statute of limitations and how soon after your accident you should bring your claim.
According to C.V.P. Law § 214(5), the filing deadline to bring a personal injury lawsuit in Kingston is three years. Often, this is a sufficient amount of time for victims to prepare and file their cases in court. That said, you should still initiate your claim quickly so that you can recover compensation sooner rather than later.
While you should sue relatively quickly, you should also wait long enough so that we understand the extent of your damages. Victims who bring claims too fast after an accident might not recover compensation for all losses. This is because such victims might not have incurred all damages related to their injuries or have a clear idea of the seriousness of their injuries and required treatment. So, generally speaking, you should wait long enough to bring your claim so that there is evidence backing your case, but not too long that you risk missing filing within the statute of limitations.
Proof of Damages in Kingston, NY Personal Injury Claims
Proof of damages is necessary in any injury claim for compensation. Essentially, you must show that you incurred damages as a result of the defendant’s negligence.
Our personal injury lawyers can do this by organizing and tracking all of your losses due to the injury in question. This will largely include your medical expenses and lost income. Gathering proof of damages can allow us to estimate your deserved recovery. Submitting such evidence in your lawsuit can allow the jury to do calculate its award to you.
In addition to providing proof of your economic damages, you will have to establish that you also incurred non-economic damages. We can do this by submitting your personal statement and those of mental health professionals who have treated you for any emotional difficulties you have experienced because of your injuries caused by the defendant.
New York does not impose any limits on victims’ recoveries of economic or non-economic damages. This means that if your case goes to court, the jury can award you compensation as it sees fit. Without sufficient proof of damages, the jury will not have evidence to refer to when calculating your award amount in Kingston.
Call Our Injury Attorneys to Discuss Your Claim in Kingston, NY
You can call The Martello Law Firm, PLLC at (914) 685-6950 to schedule a free case evaluation from our personal injury lawyers.
