Getting injured is never a pleasant experience. When that injury is caused by someone else’s negligence, you may feel frustrated, confused, upset, or all of the above. You could be facing gigantic medical bills, long recovery regimens, and reduced quality of life through no fault of your own. Dealing with the aftermath of an injury caused by negligence can be an incredibly stressful experience.
Fortunately, our lawyers are ready to help. We can take the right people to court to be held accountable for their injuries and prepare a strong case to give you the best chance at getting the financial compensation you need after getting injured.
Do not hesitate to call our personal injury lawyers from The Martello Law Firm, PLLC, at (914) 685-6950 for a free case review.
Injuries We Can Help You with in a Port Chester, NY Personal Injury Lawsuit
There are many different injuries that can result in a personal injury lawsuit. The extent of your injuries is very important to determine the damages you ask for in your lawsuit. One of the first things our personal injury lawyers will likely do when you come into our office is ask about your medical providers so we can talk with them and get information about treatment for your injuries.
Broken Bones
Broken bones are some of the most common injuries for individuals involved in serious accidents. Car accidents, truck accidents, and other motor vehicle-related accidents often result in broken bones for the victim. Broken ribs and pelvises are especially common since they are centrally located on the body and are the most likely area to be hit by a motor vehicle.
Slipping and falling down can also result in broken bones if someone falls with enough force or onto a hard surface. Alternatively, if someone falls and lands in an odd or awkward way on one of their limbs, it could snap under the pressure of being in a position the limb was not meant to be in.
Cuts, Lacerations, and Puncture Wounds
Deep cuts and lacerations can happen in any injury involving sharp or jagged surfaces. These kinds of injuries could result from hewn or warped metal in a car accident, falling onto a sharp object, or other accidents.
Deep cuts frequently require stitches or sutures to heal fully. In severe circumstances, cuts to the face could cause permanent disfigurement, and high-speed collisions with sharp objects could also sever appendages like fingers or toes.
Stabs and puncture wounds are generally much more dangerous than cuts. They are much harder to sew shut and stop bleeding than cuts are. Moreover, a puncture wound that penetrates only a few inches into the body can hit vital organs, causing serious damage. Puncture wounds can easily be fatal without immediate medical care.
Spinal Cord Injuries
Spinal cord injuries can result from various accidents, such as car crashes or falls, and can have life-altering consequences. When a person suffers a spinal cord injury, the damage to the spinal cord can cause paralysis or loss of sensation. Medical treatment options may include surgery to stabilize the spine, physical therapy to improve mobility and strength, and medications to manage pain and inflammation. Additionally, assistive devices like wheelchairs and braces may be necessary to enhance the individual’s quality of life and independence.
Traumatic Brain Injuries
Traumatic brain injuries (TBIs) occur when there is a sudden trauma to the head, leading to damage in the brain. TBIs can range from mild concussions to severe injuries that result in long-term cognitive impairments. Treatment options depend on the severity of the TBI and may include rest, medication for symptoms like headaches and nausea, and rehabilitation therapy to regain lost cognitive and motor skills. In severe cases, surgery might be necessary to relieve pressure on the brain.
Soft Tissue Damage
Soft tissue damage includes injuries to muscles, tendons, and ligaments. These injuries can happen in accidents like slips and falls or sports-related incidents. Treatment typically involves rest, ice, compression, and elevation (RICE) for minor injuries. For more severe cases, physical therapy, pain management, and in some cases, surgical repair may be necessary to restore function and reduce pain.
Internal Injuries
Internal injuries involve damage to organs like the lungs, liver, or kidneys. These injuries often occur in high-impact accidents, such as car crashes. Immediate medical attention is crucial because internal injuries can be life-threatening. Treatment options may include surgery to repair damaged organs, blood transfusions, and close monitoring to prevent complications like infection or internal bleeding.
Burns
Burn injuries can result from various accidents, including fires, chemical exposure, or scalding liquids. Burns are categorized into degrees: first, second, and third-degree burns. Treatment depends on the degree and size of the burn. First-degree burns may only require cleaning and dressing, while severe burns might need surgical intervention, skin grafts, and long-term wound care. Rehabilitation and scar management are often essential to regain function and appearance.
Psychological Injuries
Psychological injuries, often referred to as emotional distress or trauma, can result from traumatic events like accidents or assaults. These injuries can have a profound impact on a person’s mental health. Treatment options include therapy, counseling, and medication to manage symptoms like anxiety and depression. It’s important to seek professional help because psychological injuries can affect a person’s overall well-being and ability to cope with daily life.
Nerve Damage
Strong, forceful impacts on certain parts of the body can strike nerves, pinching or damaging them. This could cause temporary pain, tingling sensations, or loss of use of the body parts that need the affected nerve to work. More serious impacts could cause permanent nerve damage, where those symptoms do not go away after treatment or with the passing of time. In the most severe cases, a hard impact in a car accident or fall can result in paralysis.
Nerve damage can also occur through medical malpractice. For example, you can get injured if a surgeon is not careful with their incisions and accidentally damages a nerve.
Wrongful Death
Unfortunately, accidents that cause serious injuries can also result in death. If you are filing a wrongful death lawsuit, under some circumstances, you may be able to recover damages for hospital bills or medical treatments the deceased undertook before they passed. Determining whether this is possible can be complicated, so it is best to speak with our lawyers about your particular situation.
Damages in a Port Chester, NY Personal Injury Lawsuit
Damages are the court’s way of putting plaintiffs back where they were before they got injured. In effect, it is a way to make up for the injury as best the court can. Damages are generally broken down into non-economic and economic damages.
Non-Economic Damages
Non-economic damages are based on things that are abstract or not necessarily tangible. Examples of things that fall under the category of non-economic damages include pain and suffering, mental anguish, or lost autonomy because of injuries. These items do not have a bill or fee associated with them. It is not possible to put a cost on, say, pain from a broken bone or sadness from not being able to do certain activities. However, there are ways that our lawyers can calculate a value for these injuries that is acceptable to the court, and you can recover for these types of injuries in a successful lawsuit.
Economic Damages
Compensation for things that have tangible monetary value makes up economic damages in a personal injury lawsuit. These items include hospital bills and costs of recuperative treatments.
Additionally, you can be awarded economic damages for lost income. If you had to take off work for an extended period of time to recover from your injuries, the court can award you damages based on the income you would have had were you not injured. Similarly, you can be compensated if you can no longer do your job because of your injuries. For example, if you are required to lift heavy things for your job but suffered nerve damage in an accident and can no longer lift objects over 10 pounds, you probably will not be able to do your prior job. If you cannot find similarly gainful employment or cannot work altogether, the court can compensate you for the income you would have had if you did not get injured by the defendant.
Evidence Used to Establish Fault in a Port Chester Personal Injury Lawsuit
In order to acquire payment through a personal injury lawsuit, you will have to establish that your accident was caused by the defendant’s negligence. There are many different types of evidence that may be utilized when establishing fault. For instance, our personal injury attorneys may use any of the following in your case:
Eyewitness Statements
Eyewitness statements are crucial pieces of evidence in personal injury lawsuits. They come from individuals who witnessed the accident firsthand. Eyewitnesses can provide a detailed account of what they saw, including the events leading up to the accident and the actions of those involved. Their testimony can be used to establish fault by corroborating or contradicting the accounts of the parties involved. In court, eyewitness statements can carry significant weight, as they provide an objective perspective on the incident.
Photographs from Accident Scenes
Photographs taken at accident scenes serve as visual evidence that can be powerful in proving fault. They capture the physical conditions, positions of vehicles, and any visible damage. These images can help recreate the scene and provide a clear understanding of how the accident occurred. For example, photographs can show traffic signals, road conditions, or obstacles that may have contributed to the accident. They are essential for illustrating the circumstances surrounding the incident and can be persuasive in demonstrating fault.
Physical Evidence from Accident Scenes
Physical evidence, such as skid marks, debris, or damaged property, can be instrumental in proving fault in a personal injury case. These items serve as tangible proof of what occurred during the accident. For instance, the length and location of skid marks can help reconstruct the sequence of events and determine factors like vehicle speed and braking. Physical evidence is valuable because it can objectively demonstrate the actions and conditions that contributed to the accident.
Surveillance Footage
Surveillance footage, often obtained from security cameras or dashcams, can be a crucial source of evidence in personal injury cases. It provides a visual record of the accident as it happened, leaving little room for dispute. Surveillance footage can show the actions of all parties involved, contributing to a clear understanding of fault. It can be particularly useful in cases where liability is contested, as it provides an unbiased account of the incident.
Accident Reports
Accident reports, typically prepared by law enforcement officers who respond to the scene, document essential details about the accident. They include information about the parties involved, witness statements, weather conditions, and any citations issued. These reports can serve as an official record of the incident and provide valuable evidence to establish fault. However, it’s important to note that while accident reports are persuasive, they are not always definitive and may be subject to correction or clarification.
Expert Witness Statements
Expert witness statements can be crucial in complex personal injury cases. These experts, such as accident reconstruction specialists or medical professionals, provide their professional opinions based on their expertise. Accident reconstruction experts can analyze the evidence and recreate the accident to determine fault. Medical experts can testify about the extent of injuries and their likely causes. Their testimony can provide a scientific basis for determining fault and can carry significant weight in court.
Victims’ Personal Recollections
The victims’ personal recollections and testimonies are also valuable forms of evidence in personal injury cases. They can provide insight into their experiences, injuries, and the emotional impact of the accident. While subjective, these recollections are essential in humanizing the case and helping the jury or judge understand the victim’s perspective. Personal recollections can be used to establish the extent of suffering and losses caused by the accident, which can influence the determination of fault and the amount of compensation awarded.
Call Our Port Chester, NY Personal Injury Lawyers Today
Our experienced personal injury lawyers at The Martello Law Firm, PLLC, can be reached at (914) 685-6950 to help you with your case.
