Injury lawsuits are complex, and our experienced lawyers in Harrison can help victims recover the damages they are entitled to by providing them with the support and guidance they need.
When preparing your injury claim, our attorneys will review the facts with you. We might ask you detailed questions about what happened during and after the accident. We will also take this time to investigate the incident further and gather additional evidence of fault. Victims must bring injury claims within three years of an accident in Harrison. If you wait too long to sue, you could miss the deadline. However, if you file too quickly, you might not have enough information to support your claim. Our lawyers can help you bring your case only after it is strong enough to prove the defendant’s fault.
For a free and confidential case assessment from our Harrison, NY personal injury lawyers, call The Martello Law Firm, PLLC now at (914) 685-6950.
Preparing a Strong Personal Injury Case in Harrison, NY
In preparation for your injury claim in Harrison, our attorneys will review the incident with you in detail so that we have a clear understanding of what happened. We will also work to gather additional evidence of fault so that you ultimately have a strong claim.
Reviewing the Facts
Not only is it important for our attorneys to know what happened during an accident, but it is important that you know what happened. You might need to give statements throughout the course of your claim, so you must be prepared to explain how the defendant acted negligently.
Because of this, our personal injury lawyers may ask you various questions when preparing your case. For example, did you report the accident to law enforcement? Did you go to the hospital right away? What caused the accident? Was the defendant present at the time of injury? If they were not present, why do you think they are liable? For example, if you slipped on the icy steps of your apartment building in Harrison, your landlord may be liable, even if they were not present.
Our attorneys may also ask you about the damages you have incurred since the accident. Provide our team with any documentation regarding your medical bills or lost wages so that we can calculate your damages accurately.
Gathering Additional Evidence
During the preparation stage of your case, our lawyers can start investigating the accident to gather additional evidence of negligence. For example, we may speak with eyewitnesses to get their statements. You can ask eyewitnesses for their phone numbers and names at the accident scene to make contacting them in the future easier.
If you took any photos at the accident scene, give them to our lawyers to review.
Depending on where the accident took place, we might obtain surveillance footage showing the defendant acting negligently and injuring you. Furthermore, we might get experts, such as medical experts and accident reconstruction experts, to review the evidence and testify about their findings or opinions in court.
Types of Compensable Damages in Harrison, NY Personal Injury Lawsuits
Economic and non-economic damages are the two types of compensable damages in injury lawsuits in New York. Based on the cause of your injuries, you should prove serious injury to recover damages.
Financial damages are compensable in lawsuits and refer to a victim’s economic losses due to an accident, such as their medical bills. Victims can also recover damages for their lost wages if their injuries prevent them from working.
You can easily verify most financial damages through documentation of losses, which is why our attorneys will ask you to give us copies of relevant bills and invoices as you incur them.
Non-economic damages cover a victim’s pain and suffering because of an accident. There is no limit on non-economic damages in injury lawsuits in New York, but proving that you deserve them can be challenging. You might have to give statements regarding your pain and suffering to recover such damages.
After being injured in car accidents, victims can only file lawsuits if their injuries are severe enough. Under I.S.C. Law § 5102(d), serious injuries include those that cause death, dismemberment, significant disfigurement, and fractures, among others. The serious injury threshold applies to auto injury claims involving drivers, passengers, pedestrians, and bikers.
When to File a Personal Injury Lawsuit in Harrison, NY
Knowing when to file an injury lawsuit is more complicated than following the statute of limitations. Our lawyers can help you strategically bring your case according to the timeline that is best for your claim.
First of all, you should know that the deadline to file a lawsuit for personal injury is three years in Harrison, according to C.V.P. Law § 214(5). Missing this deadline will bar you from recovery entirely. New York does provide tolling for delayed discovery in some cases. To get the time limitation tolled, you must show that you were unaware of your injuries until after the accident took place.
You should not be hasty when bringing your claim. If you file too soon, you might not have enough evidence to meet the standard of proof in your claim. Furthermore, filing too quickly after an incident might mean you do not fully understand the extent of your injuries and damages. If your lawsuit concludes and you continue to incur damages, you will be unable to recover compensation for those losses.
The key is to wait enough time that you have a strong claim but not so long that you miss the final filing deadline for your case in Harrison. In addition to presenting evidence of your current losses to date, we can explain your expected losses so that you recover compensation for future damages in your lawsuit.
Call Our Injury Attorneys in Harrison, NY Today
Call the personal injury lawyers of The Martello Law Firm, PLLC at (914) 685-6950 to get a free evaluation of your case.
