Personal Injury
WHAT IS A PERSONAL INJURY CASE?
While accidents occur everyday, this does not mean that they are as accidental as it seems. We know that as drivers, we have a responsibility, or “duty” to obey the rules and regulations of the road. However, even when we are careful and abiding by the rules, an accident can still occur due to the negligence and failure of others to drive safely.
Negligence: If a driver during the course of his driving simply took his or her eyes off the road for a second to read a billboard, then that driver is guilty of ordinary negligence.
Gross Negligence: If a driver gets behind the wheel and that driver’s impairment causes an accident, then that driver’s actions constitute gross negligence because the driver was committing an illegal act while behind the wheel. In other words, the driver knew that his or her actions were dangerous and also placed the lives of others at risk.
Duty of Care: Duty is the first element that you must establish in a New York state negligence claim. Was there a duty owed to foreseeable victims? The standard applied in New York negligence law is the the reasonable person standard, which states that a person give the standard of care that a reasonably prudent person would under similar circumstances.The keyword in both scenarios is negligence. In either situation, the driver is negligent since his or her actions violate the duty of care they owe you, and that violation directly caused your injuries. New York law allows you to file a personal injury lawsuit to seek damages from the accident in which you suffered injuries.
Causation: After you have established that the driver had a duty and he violated that duty, did that violation cause you to have injuries? In other words, did driver’s violation of his duty of care cause you to suffer physical injuries? If yes, then you have established that his violation of duty was the actual cause of your injuries.
Proximate Causation: The word “proximate” is defined as immediately preceding or following. Legally speaking, proximate causation, means that the actions of the person who owed you a duty were sufficiently related to the injuries you sustained. In other words, your injury would not have occurred “but for” the actions of another. If someone’s actions are a remote cause of your injury, then they are not a proximate cause.
Example 1: Driver of Vehicle 1 drives through a red light and hits Vehicle 2, which had a green light, causing injury to the driver of Car 2. Driver of Vehicle 1 had a duty to not drive through a red light, and, his actions in doing so directly (and therefore, proximately) caused injuries to the driver of Car 2. Here, the injuries sustained by the Driver of Vehicle 2 were a proximate cause of the Vehicle 1 and his violation of the duty of care he owed “Vehicle 2.
Example 1: Driver of Vehicle 1 drives through a red light and hits Vehicle 2, which had a green light, causing injury to the driver of Car 2. Driver of Vehicle 1 had a duty to not drive through a red light, and, his actions in doing so directly (and therefore, proximately) caused injuries to the driver of Car 2. Here, the injuries sustained by the Driver of Vehicle 2 were a proximate cause of the Vehicle 1 and his violation of the duty of care he owed “Vehicle 2.
Damages: As personal injury lawyers, we are dedicated and experienced professionals who help obtain obtain compensation for victims who have been injured both physically and financially by the wrongdoing of others. Each case presents its own set of unique facts which must be carefully examined and analyzed. Your attorney’s job is to help you collect damages for your injuries. If another parties actions caused you to suffer injuries that prevent you from going back to work for a while or ever, and caused you to to incur medical bills you cannot afford, or even cost you and your family financial losses because of your injuries, you are entitled to seek damages. An experienced personal injury attorney will help you recover these damages and obtain the compensation you deserve.
TYPES OF DAMAGES A NEW YORK PERSONAL INJURY ATTORNEY CAN HELP YOU RECOVER
Damages include, but are not limited to, the following.
– Pain and Suffering: Broken Bones– Internal Bleeding, Paralysis, Spine Injuries, Lacerations, Amputations, Trauma Activation
– Lost Income & Wage Benefits
– Medical Bills
– Emotional Distress
– Wrongful Death
– Loss of Companionship/Loss of Consortium
– Punitive Damages
WHAT TYPES OF CASES DOES WRIGHT & ASSOCIATES, P.C. HANDLE?
We specialize in serious injury and wrongful death cases. Here are just a few of the case types we handle:
- Car Accident Lawsuits
- Pedestrian Accident Lawsuits
- Truck Accident Lawsuits
- Bicycle Accident Lawsuits
- Construction Accident Lawsuits
- Slip and Fall Accident Lawsuits
- Defective Product Accident Lawsuits
HOW SHOULD YOU CHOOSE A PERSONAL INJURY ATTORNEY?
Billboards, commercials, flyers in the mail, and more may seem like an attractive way to retain and choose an attorney, however, you need to take a step further in choosing the right lawyer for you.
You should find someone you work well with who has a good reputation and experience. It’s not always prudent to hire the first attorney who returns your call. There are steps to take and actions you should never ignore.
Read our full article on how to find the best personal injury attorney for your case here.
Here are some of the credentials of Wright & Associates, P.C. Accident Attorneys:
- We specialize in personal injury cases only
- We have recovered over $50,000,000.00 for our clients
- Wright & Associates, P.C. maintains a 99% Success Rate
- Rated one of the best law firms in the country by US News & World Report
- Over 20 Years of Experience
- We are prepared to take your case to trial
It is important for you to get to know your attorneys by personally meeting with them. When setting up a meeting with your attorney, discuss fees, their case history, their success rate, and ask if personal injury cases are the only cases they handle. When the attorney only handles a specific type of case, it means they are more likely to have a good working relationship with their clients and a working knowledge of this type of law.
Once you find the attorney who is right for you, discuss hiring him or her to work with you on your case.
When you need an attorney you have a choice between many personal injury firms, but the attorneys at Wright & Associates, P.C. is one of the highest rated law firms in New York.
HOW MUCH DOES IT COST TO HIRE A PERSONAL INJURY ATTORNEY?
In most personal injury cases, an attorneys services are offered on a “contingency fee” basis, which means that the lawyers fees are deducted from the final personal injury settlement in the client’s case—or from the damages award after a favorable verdict, in event that the client’s case proceeds to trial and a jury renders verdict in their favor. What this means is that your attorney does not charge you anything unless you win your case. There are no up front fees, no retainer, and no money out of your pocket.
Your attorney will charge you a contingency fee, which means you’re going to pay a fee based on what you win. All you need to know is how much you want to sue for and whether your attorney charges a flat fee or an hourly fee that accumulates throughout the case. You should understand that your case could take years or months to settle, or your case could settle in a week if the at-fault party doesn’t want to go through a lawsuit. The fee your attorney charges might seem frustrating if you settle quickly, which is why you must understand the payment stipulations upfront. You can learn more about New York contingency lawyers here.
HOW LONG DOES IT TAKE TO GET A PERSONAL INJURY SETTLEMENT?
The length of time a personal injury settlement can take depends on many factors: the insurance companies involved, the venue where the lawsuit is commenced, and the kind of damages sustained by the injured party. In short, there is no simple answer to this question as it depends on many factors and the kind of damages that you are seeking, which could take a few months to settle or years in prosecuting to trial.
For example, if your lawsuit is commenced against a well established trucking company that failed to conduct a proper employment check on a driver that was drinking, and that driving caused you to sustain serious injuries, then the trucking company may wish to settle quickly. The temptation in these situations is to settle quickly and get some cash while you would recover significantly more if the case were presented to a jury. In reality, if you settle too soon, your decision can have serious consequences over your entire lifetime. You should avoid any lawyer or insurance adjuster who says they can get you a quick settlement.
The best advice we can give is to be patient and avoid settling too soon. You should prepare yourself to wait a long time for your check to come in, but we will work aggressively to make certain that it shows up a little earlier.
View our personal injury timeline to get an idea of how long the average personal injury case will take from start to finish.
DO I NEED TO HIRE A LAWYER FOR MY PERSONAL INJURY CLAIM?
If you have a minor injury you may not need to hire a personal injury attorney. If you have a serious injury such as brain damage, broken bones, or another type of treatment that required a surgery you should contact a personal injury attorney right away.
It is within your own legal rights to file a personal injury lawsuit on your behalf. Although, you can represent yourself, your chances of winning increase significantly if you have an experienced attorney on your side.
Your lack of legal knowledge could drag out the lawsuit process or even cost you your case. The other party will take advantage of your lack of resources and legal knowledge if possible.
The defendant in your case might want to bury you in the legal paperwork you don’t fully understand, and reading over it can easily confuse anyone without a legal history or education. Also, the time it takes to go gather evidence, present a case, file motions, and respond to other claims is time-consuming. You should have an experienced legal team on your side, and gathering this evidence as you may not have the time to do all of this. Your main focus should be on receiving the best possible medical treatment and recovering from your injuries.
While you are not legally required to hire a personal injury attorney to file a claim in New York, your best chance for recovering maximum compensation for your claim is to do that.
You have a chance to win your case when you hire an experienced accident injury attorney, which is what you should do.
FREQUENTLY ASKED QUESTIONS:
WHAT SHOULD I DO AFTER AN ACCIDENT?
After an accident, you should contact the police and seek medical attention. You may also want to speak to a personal injury attorney before filing any potential claim with an insurance company. An attorney in New York can help you get maximum compensation.
WHEN CAN I SUE ANOTHER DRIVER?
You can sue a driver who negligently caused the accident that injured you. In New York, negligent conduct includes activities such as drinking and driving, texting while driving, and speeding. Even if a driver has been criminally convicted for reckless driving, you can still sue them for damages.
HOW CAN A PERSONAL INJURY ATTORNEY HELP?
A personal injury attorney can help you by investigating your accident, interviewing witnesses and experts, and presenting your best case. Your attorney will negotiate with the insurance company or take your case to trial to get the maximum compensation your deserve for your injuries, accident related expenses, and pain and suffering.
WHAT IF I CONTRIBUTED TO THE ACCIDENT?
Even if you contributed to the accident by speeding or some other infraction, you can still sue. New York’s comparative negligence laws allow you to sue the other driver for their portion of accident responsibility. If the other driver was 80% at fault for your accident, you can sue them for 80% of your damages.
Please review the resources below for more information pertaining to your personal injury case.
- How to choose a personal injury attorney? What you should look for and what you should avoid?
- Do I have to pay for my New York personal injury attorney?
- What is a contingency fee attorney?
- How long will my personal injury lawsuit take?
- Should I hire a personal injury attorney?
WHAT DOES A PERSONAL INJURY ATTORNEY DO?
A personal injury lawyer helps hold wrongdoers accountable and helps injured victims get fair compensation for their injuries. Hiring a personal injury law firm can help you to maximize the value of your case.
WHO ARE THE BEST INJURY ATTORNEYS?
The circumstances of every personal injury case are different and prior results do not predict future outcomes. Clearly, attorneys and law firms with a significant amount of trial experience would be most suitable for handling your case as it is possible that the damages you’re seeking can only be obtained from a jury. It is also important to connect with your attorney and feel confident that they will fight aggressively on your behalf for the compensation that you are entitled to.
Make sure to talk to the lawyers and make sure it’s a good fit for you.
CALL LAW OFFICES OF BRIAN P. WRIGHT & ASSOCIATES, P.C. ACCIDENT ATTORNEYS FOR A FREE CASE EVALUATION
If you are injured in an accident, call a personal injury attorney to see what options you have. There is no charge to consult with an attorney about your case. This is when you discuss your accident and all the details, and it’s when your attorney decides whether there was negligence involved. If there’s no negligence, it might not be possible to file a case. You must be able to prove the defendant had a duty of care to you, that they breached that duty of care with their actions, and that their breach of duty directly caused your injuries.
NO FEE UNLESS WE WIN YOUR CASE
We give all our personal injury accident clients a promise that if we do not recover monetary damages in your case, we will not charge you an attorney fee. If we take your case, we only get paid if we win your case.
If you have sustained serious personal injuries from an accident, contact us for a free initial consultation. There is no fee unless we are successful. Call (347) 886-9472 or fill out our contact form for a FREE no obligation legal case evaluation. If you’re serious about filing a lawsuit, you must call an attorney right away. The more legal advice you have from the start, the better your chances of winning a personal injury case becomes. Your attorney has invaluable advice for you, and you need that legal advice right away.
To discuss your case with an experienced personal injury lawyer successful at prosecuting personal injury lawsuits, call (347) 886-9472. We serve all of New York, including Manhattan, Bronx, Queens, Brooklyn, Long Island, Rochester, Albany, and Buffalo.
