What is personal injury law?
Personal injury law involves legal disputes arising from injuries or harm caused by another party’s negligence or intentional actions. It includes car accidents, slips and falls, medical malpractice, etc.
How do I know if I have a personal injury case?
If someone injured you due to their negligence or intentional actions, you may have a personal injury case. Contact us for a free consultation to evaluate your situation.
After an accident, seek medical attention, document the scene, gather contact information from witnesses, and report the incident to authorities if necessary. Avoid discussing the details with anyone except your attorney.
How long do I have to file a personal injury claim?
In New York, the statute of limitations for most personal injury claims is three years from the date of the injury. It’s essential to act quickly to preserve your rights.
What types of compensation can I receive in a personal injury case?
Compensation may include medical expenses, lost wages, pain and suffering, property damage, and more. The specifics depend on the details of your case.
How is fault determined in a personal injury case?
You determine fault through evidence such as police reports, witness statements, medical records, and expert testimony. Comparative negligence laws may apply where fault is divided among parties.
What is comparative negligence?
Comparative negligence divides the responsibility for an accident among all parties involved. Your percentage of fault may reduce your compensation.
While not required, a lawyer can help navigate complex legal procedures, gather evidence, negotiate with insurance companies, and represent your interests in court, increasing your chances of a favorable outcome.
How much does it cost to hire a personal injury lawyer?
Gelbstein & Associates works on a contingency fee basis, meaning you pay no upfront fees. We only get paid if you win your case.
How long will it take to resolve my personal injury case?
The duration of a personal injury case varies based on its complexity, the willingness of parties to settle, and court schedules. Some cases settle quickly, while others may take years.
What if the insurance company offers me a settlement?
Consult with an attorney before accepting any settlement offers. Insurance companies often offer lower amounts than you may be entitled to, and a lawyer can negotiate on your behalf.
Can I still file a claim if I was partially at fault for the accident?
Under New York’s comparative negligence laws, you can still recover damages even if you were partially at fault. However, your compensation will reduce by the percentage of your fault.
What types of personal injury cases do you handle?
We handle various personal injury cases, including car accidents, slips and falls, medical malpractice, workplace injuries, wrongful death, and more.
A demand letter is a formal compensation request to the at-fault party or their insurance company. It outlines the case facts, the injuries sustained, and the damages sought.
What should I bring to my initial consultation with a personal injury lawyer?
Bring any relevant documents such as police reports, medical records, accident scene photographs, witness information, and any correspondence with insurance companies.
Can I sue for emotional distress in a personal injury case?
You can seek compensation for emotional distress, especially if the incident caused a significant psychological impact. This is often included under pain and suffering damages.
What is the difference between a settlement and a verdict?
A settlement is an agreement between parties before a case goes to trial. A verdict is a decision made by a judge or jury at the end of a trial.
How are pain and suffering damages calculated?
Pain and suffering damages are subjective and vary based on the severity of the injury, the impact on your life, and other factors. Lawyers usually calculate them using a multiplier method or per diem approach.
What if the at-fault party doesn’t have insurance?
If the at-fault party is uninsured, you may still be able to recover damages through your insurance policy, such as uninsured motorist coverage, or by suing the at-fault party directly.
Workers’ compensation typically covers workplace injuries. However, you may be able to file a personal injury lawsuit if a third party’s negligence contributed to the injury.
For further inquiries or to schedule a consultation, please get in touch with us at:
– Phone: 855-LAW-24-07
– Email: info@gelbstein.com
– Website: https://gelbstein.com
– Address: Brooklyn, New York, United States