Television and film often portray personal injury plaintiffs as money-hungry, dishonest people who want to make fast money off bogus court cases. This unfair portrayal could not be further from the truth. Plaintiffs are injured victims who deserve compensation from the negligent or dangerous defendants responsible for their injuries.
Pursuing a personal injury lawsuit is often a daunting prospect. Even so, a lawsuit might be the best way to get the compensation you not only need but deserve while holding irresponsible defendants accountable. Personal injury lawsuits are complex matters that most people cannot handle alone. A skilled lawyer is the best tool you can have in your arsenal.
Our personal injury lawyers can provide you with a free case evaluation by calling The Martello Law Firm, PLLC at (914) 685-6950.
Should I File a Personal Injury Lawsuit in Mount Vernon, NY?
People often wonder whether they have a valid personal injury claim. A personal injury might consist of a bodily injury, property damage, mental suffering, or other harm of a personal nature. Fortunately, our personal injury attorneys can help. If you were injured by someone else’s actions or failure to act, you might be able to file a personal injury lawsuit and hold that person responsible.
You should file a personal injury lawsuit if you experienced financial losses because of your injuries. For example, after a car accident, you might be seriously injured and in need of costly medical treatment. Those treatments should be claimed as damages in your lawsuit and paid for by the defendant. You can also claim damages that did not come with an explicit price, such as the mental suffering you experienced because of your injuries.
You should consider filing a personal lawsuit if you suffered injuries in an accident and are now having trouble returning to normal life. The costs associated with accidents and recovery are often very high, and the person who caused your injuries should be held liable.
Common Types of Cases that Our Personal Injury Attorneys Litigate in Mount Vernon, NY
Injuries caused by accidents are quite frequent in Mount Vernon. Fortunately, our team has a successful history of representing clients and securing the compensation they are entitled to. We are capable of assisting you with nearly any kind of personal injury case in Mount Vernon, including the following:
Car Accident Cases
Car accident cases can arise from a variety of situations, such as left-hand turns, rear-end collisions, or distracted driving. Depending on the severity of the accident, victims might experience minor injuries or, in the worst cases, fatalities.
It is important to identify the responsible party and take legal action to obtain compensation for the damages. In some cases, multiple parties might be liable for the injuries, and our team can help you hold each of them accountable in a lawsuit.
Pedestrian Accident Cases
Mount Vernon, being in close proximity to New York City, unfortunately, experiences a high number of pedestrian accidents. The city’s busy streets and numerous distractions make it more likely for drivers to fail to yield the right of way or stop at a crosswalk.
For instance, drivers might be distracted by texting or talking on the phone as they approach a traffic signal. Additionally, pedestrian accidents often occur in parking lots where drivers might be more focused on finding an empty spot than on pedestrians walking nearby.
Bicycle Accident Cases
The popularity of cycling as a means of transportation has been on the rise, but unfortunately, so have the number of accidents involving bicycles. These accidents can result in severe personal injuries, and in some cases, the driver responsible for the collision might flee the scene.
At our firm, we understand the seriousness of such situations and are committed to investigating your case thoroughly. We work closely with local law enforcement to identify the driver who caused the accident and fled the scene, ensuring that they are held accountable for their actions.
Truck Accident Cases
Failing to comply with safety regulations, such as exceeding the authorized driving hours or neglecting to inspect the vehicle before embarking on a journey, often leads to truck accidents. Assigning liability in such situations can be difficult, as various parties often share responsibility.
In the event of injury, you can typically seek legal recourse against the trucking company for the reckless actions of their employee. Of course, you can still sue the truck driver for any resulting harm in addition to their employer.
Motorcycle Accident Cases
Motorcycle accidents in Mount Vernon can be incredibly devastating, often leading to severe injuries that can have a lasting impact on one’s life. These accidents are frequently caused by other drivers, resulting in serious head trauma and spinal cord injuries that can leave victims with lifelong injuries and disabilities.
If you find yourself in this situation, you might be worried that you will be able to receive compensation if you are partially at fault for the accident. However, it is important to know that you can still seek damages. The amount of compensation you receive will be reduced based on your assigned percentage of fault, but it is still possible to receive financial support to help you recover and move forward. As long as you were not mostly responsible for causing the accident, you should be able to recover some compensation for your injuries.
Medical Malpractice Cases
Medical malpractice can have devastating consequences, ranging from permanent disability to loss of life. In certain cases, individuals might not even realize the extent of their injuries until years later.
It might also be possible to file a personal injury lawsuit even if you only become aware of your injuries at a later date. However, it is critical to begin your case as soon as you discover the harm, as you only have a limited amount of time to file a personal injury lawsuit.
Statute of Limitations for Personal Injury Lawsuits in Mount Vernon, NY
According to CVP Law § 214, a personal injury lawsuit must be filed within three years of the date of the injuries. This law is referred to as a statute of limitations. If your injuries occurred over three years ago, you might be out of luck.
If your accident happened more than three years ago, our attorneys can help you determine if the statute of limitations can be “tolled.” Tolling a statute of limitations is sort of like hitting the pause button on the timer, counting down your time to file your lawsuit. The statute can only be tolled under certain circumstances.
In cases involving injured minors, the statute of limitations is often tolled until the minor turns 18. At that point, the countdown resumes, and the minor has three years from the day they turn 18 to file a lawsuit.
Damages You Can Claim in a Personal Injury Lawsuit in Mount Vernon, NY
The primary purpose of filing a personal injury lawsuit is to recover damages. Damages are injuries or losses that a victim experienced because of someone else’s negligence. Some damages come with a definite financial value, like medical bills. Other damages are not financial but can still be compensated with payments.
Compensatory damages are designed to make plaintiffs whole again after an accident. While a court cannot make a plaintiff whole again in a literal sense, they can still compensate for injuries with money. For example, if a person loses a leg in a car accident, the court cannot heal the lost limb. However, the victim can be financially compensated for their grievous loss.
Economic damages are those damages that come with a price attached. Various bills or other costs that stem from an accident or injury might be claimed as economic damages. Common economic damages include medical bills, the cost to replace damaged property, and lost income.
Non-economic damages have no financial cost but should still be compensated. These damages often include intangible losses or injuries, like your pain and suffering.
Punitive damages are separate from compensatory damages because they are meant to punish defendants rather than compensate victims. Punitive damages might be available in personal injury cases, but only under very limited circumstances. Mere negligence is not enough to justify punitive damages; the defendant must have acted with indifference to human life or safety.
How Our Attorneys Can Help Your Mount Vernon, NY Personal Injury Lawsuit
Our firm can assist your case in a number of ways. The following are just a few examples of the services we provide that can help win your case:
Determine Liability
We understand that the thought of confronting the person responsible for your injuries in a lawsuit can be overwhelming and stressful. At our firm, we empathize with your situation and are committed to supporting you every step of the way. Our team will take charge of all negotiations with the insurance company and question the defendant to prove their liability.
You can trust us to handle all aspects of the legal process while keeping you informed of any developments. In the unlikely event that your case goes to trial, our lawyers will be there to represent and support you. You will not have to face the defendant alone in court, and we will ensure that your voice is heard while advocating for your rights and interests.
Obtain Evidence
If you are involved in a personal injury lawsuit, proving the damages you have suffered is crucial to winning your case. To successfully do so, it is important to gather as much evidence as possible. Our team of experts can assist you in collecting the necessary evidence to strengthen your case.
There are several types of evidence that can be significant in personal injury lawsuits, such as medical reports, witness testimony, and other relevant records. Our attorneys know what to look for and how to get it.
Handle Your Insurance Negotiations
We believe in being assertive yet cooperative when it comes to working with the insurance company. We understand that trials can be overwhelming and stressful, which is why we always aim to settle cases out of court.
In fact, the majority of our clients’ cases are resolved with minimal effort from their side, often being resolved even before reaching trial. Our firm is experienced in handling the negotiation process with insurance companies, helping our clients receive the compensation they deserve while allowing them to focus on their recovery.
Evidence Needed in a Personal Injury Lawsuit in Mount Vernon, NY
The evidence needed in a personal injury lawsuit will vary based on the nature of the case. Personal injury cases can involve numerous accidents and injuries. Car accidents, slip and fall injuries, construction accidents, and more are all considered personal injury cases.
In negligence cases, you need evidence supporting your claims that the defendant behaved negligently. Proving negligence involves proving that the defendant owed you a legal duty of care and that they breached that duty. Such a duty can be shown through evidence of their relationship to you.
You must also show that the defendant’s breach of duty is the direct cause of your injuries. This often involves evidence ruling out other potential causes of injury the defendant might point to excuse their own behavior.
You must also show that your injuries and damages are real. This means showing evidence of your damages, like bills, records, and witness testimony.
Intentional torts are different from negligence because they involve defendants who purposefully cause harm. Intentional torts are often the result of criminal actions.
Call Our Mount Vernon, NY Personal Injury Attorneys Today for Help
For a free assessment of your case, contact our personal injury attorneys at The Martello Law Firm, PLLC today at (914) 685-6950.
