If another party injured you through their negligent behavior, you might have a viable insurance claim or lawsuit against them under New York State’s negligence laws. Most claims settle out-of-court, but sometimes, it is necessary to litigate a case.
A personal injury lawyer in Patchogue, Long Island knows how these claims work and can help you determine if you are eligible for compensation. Call Gacovino, Lake & Associates, P.C. today at 631-600-0000. We handle most personal injury claims on a contingency basis.
How Can a Personal Injury Lawyer Help Me With My Personal Injury Case?
In many cases, we can uncover evidence you might not have access to without an attorney. We may recover incident reports, surveillance videos, and other evidence the property owner or another potentially liable party has. Our investigation also includes identifying and interviewing witnesses and working closely with experts and specialists, such as accident reconstructionists.
Some of the most common types of evidence we identify and collect in a personal injury case include:
- Official police reports
- Eyewitness testimony
- Incident and accident reports
- Medical records
- Expert testimony
- Pictures or video from the scene
- Medical bills
- Bills and receipts from injury-related expenses
How Can We Prove Liability for My Personal Injury Damages?
To prove liability, we need to provide as much evidence as possible that shows how the at-fault party acted negligently and how their actions caused your injuries, including the following four things:
- The liable party had a duty to act in a certain way to protect others
- They failed to uphold this duty, and this put others at risk
- This failure caused your accident and injuries
- You suffered physical injuries, emotional injuries, and financial losses
In many cases, the insurance company will try to deny or diminish your claim by insisting you caused or contributed to your injuries. If it can provide evidence of this, the New York contributory negligence laws will limit how much it must pay you. We are familiar with such tactics will work to counter them.
Is There a Deadline for Filing an NY Personal Injury Case?
The New York State statute of limitations for personal injury cases is three years. This means we have three years to file a lawsuit on your behalf. It is important to note that we have many steps in the process to complete before we file a lawsuit against the liable parties, so you should act as quickly as possible after you suffer injuries.
While this deadline does not apply to filing a third-party liability insurance claim, it does matter. We can settle most personal injury cases out of court by negotiating a settlement agreement with the insurance company. However, the option to take the case to a judge may provide leverage against the insurer for a fair settlement.
How Does Negligence Cause Injuries?
All viable personal injury claims rely on proving negligence and liability. We cannot collect compensation on your behalf unless we can first show the other party acted negligently and maliciously and that this behavior caused your injuries. We see a wide variety of incidents that support personal injury claims. These include:
- Slip and falls
- Car, motorcycle, and truck accidents with serious injuries
- Boating accidents
- Construction site accidents
- Defective products
- Dog bites
While the applicable laws differ somewhat, most of these cases proceed similarly. The major exception occurs in car and truck accidents claims. New York has complex auto insurance laws that limit your ability to pursue a third-party claim against the at-fault driver. Unless you suffer serious, debilitating, or permanent injuries, you cannot file such a claim. We can help you determine if your injury meets this threshold.
How Can I Talk with a Personal Injury Lawyer in Patchogue, Long Island, About My Claim?
The personal injury attorneys at Gacovino, Lake & Associates will review your claim and explain your options for recovering damages from the liable party or parties. Call us today 631-600-0000.
