Personal injury cases are physically, mentally, and emotionally taxing. If you recently suffered an injury, you likely have dozens of questions running through your head.
- Who will pay for my medical bills?
- How long after the incident can I file a claim?
- Do I need a lawyer?
- What kind of lawyer do I need?
- Are my injuries worth the cost and trouble of filing a claim?
Before you attempt to answer these questions, the first thing you should remember is that you are not alone. A personal injury lawyer in Holbrook, Long Island can help you navigate the injury claim process and recover the compensation you need.
Navigating the nuances of personal injury law requires extensive knowledge and experience. Gacovino, Lake & Associates, P.C. has nearly 25 years of experience handling personal injury cases. In that time, our network of attorneys has successfully litigated 20,000 cases, recovering hundreds of millions of dollars in the process.
Call us today for a free consultation: 631-600-0000.
What Types of Personal Injury Cases Does Gacovino, Lake & Associates Handle?
Our team can handle any injury claim, including:
- Construction accidents
- Car accidents
- Truck accidents
- Boating accidents
- Motorcycle accidents
- Medical malpractice
- Slip and fall
- Dog bites
How Does a Personal Injury Claim Work?
Personal injury claims work similarly regardless of how your injury occurred.
Determining the Liable Party
First, you must determine who you must file against to recover compensation.
For example, after a car accident, you would file with your own insurer (because New York is a no-fault state) and then the other driver’s if he was at-fault. For a slip and fall injury, you would file with the property owner’s homeowner’s or business insurance. For a medical malpractice claim, you would file with the medical professional’s or hospital’s liability insurance.
CAUTION: Once you determine a liable party and make it known that you are considering an injury claim, you can expect a call from an insurance adjuster asking for your side of the story. While this might seem like the opportunity to get what really happened out there, these calls rarely end in the injured party’s favor.
These insurance adjusters, who seem concerned about you and your wellbeing, will do what they can to get you to say something that will allow them to devalue or deny your claim entirely.
If an insurance adjuster calls, just discuss the basics of your injury (e.g., where it happened and what happened). If he asks if you are injured, explain that you are still waiting for test results. If he requests a recorded statement, direct any further questions to us.
Proving Liability
Once you have determined your liable party, you must be able to prove it. In almost every case, you must prove the party against whom you are filing was negligent in some way.
Our team will handle proving the other party was at-fault.
For car accidents, we might claim the driver was texting behind the wheel; for a slip and fall, we might allege the property owner failed to fix a broken handrail.
Proving negligence requires evidence. The evidence necessary depends on how your injury occurred, but often includes:
- The police report
- The incident report
- Eyewitness testimony
- Expert witness testimony (e.g., accident reconstructionists, medical experts, vocational experts)
- Photos of the scene and your injuries
- Surveillance video
- Maintenance records
- Driving records
- Personnel files
- Medical records
- Paystubs/W-2s
Negotiating with the Insurance Company
After we have established the other party was at-fault for your injuries, the insurer will likely offer you a settlement. In most cases, this offer will be much too low. Do not accept a settlement without running it by a lawyer. It might seem substantial, but does it cover all your compensatory damages?
- Medical bills (both current and future)
- Lost wages
- Lost earning capacity
- Miscellaneous costs
- Pain and suffering
A member of the Gacovino, Lake & Associates team can determine whether the settlement is fair. If not, we will negotiate until the insurer offers what you deserve. If it refuses to offer a just settlement, we can take it to court.
How Long Do I Have to File a Claim in New York?
According to N.Y. C.P.L.R. § 214(5), you have three years from the date of your accident to settle your personal injury claim. If you attempt to file outside that time, the state will likely reject your claim, and you will be unable to recover anything.
Do not wait to get started. It can take months or even a year or more to determine your prognosis alone. Witness memories can fade, and evidence can disappear, so call us today.
Call 631-600-0000 For a Free Consultation
If another party caused you or a loved one to suffer injury, call to discuss your case with us.
While preparing the best possible case does not require a lawyer from Gacovino, Lake & Associates, P.C., it can be helpful. At the very least, it helps level the playing field.
Reach us at 631-600-0000 for a free review of your case.
