When you have been hurt in accident that was not your fault, New York laws provides that you can seek recovery for your losses from the at-fault party. The way to go about doing so is to file an insurance claim with the appropriate insurer or file a lawsuit in civil court. To win your case, you will need enough evidence to prove the other party’s negligence, and you will need to carefully follow steps of the claims process in accordance with New York state laws.
A tough, knowledgeable attorney who can explain the process, negotiate claims, prove liability, and litigate in court can be a huge asset to any personal injury case. For free legal consultation with a determined personal injury lawyer in Uniondale, NY, call Goldstein & Bashner at 516-222-4000.
Do I have a personal injury case?
Many victims simply do not know whether they have a viable case worth pursuing. Most people are not well versed in personal injury law, and they may inadvertently let opportunities pass them by. To simply matters, here is a brief description of what comprises a personal injury case: any incident in which you sustain an injury caused by another party qualifies as a personal injury case.
In order to qualify to file a personal injury claim or lawsuit (or “tort” in legal terminology), you must be able to answer “yes” to the following four questions:
- Did the other party (defendant) owe you a legal duty of care? In other words, did they have a responsibility to act such a way so as not to cause you harm?
- Did the defendant breach their duty of care? Were their actions negligent or careless?
- Did the defendant’s negligence cause your injuries?
- Did you sustain damages, e.g., bodily harm, financial losses, emotional pain, etc.?
What types of personal injury cases does Goldstein & Bashner handle?
Goldstein & Bashner has the resources, skills, and tenacity to handle even the most challenging personal injury cases. If you sustained injury that could have been prevented had it not been for another party’s negligence, we encourage you to run your case by our team. Below is just a sampling of cases we can help with:
- Car, truck, motorcycle, boat, airplane, and bus accidents
- Bicycle and pedestrian accidents
- Dog and other animal attacks
- Swimming pool, elevator, and escalator injuries
- Slip and fall accidents
- Playground and school accidents
- Building collapses, construction accidents, falling objects or merchandise
- Accidents in public places and commercial venues
- Nursing home abuse and neglect
Is there a time limit to file a personal injury case?
Yes, there is a time limit, or statute of limitations, for bringing a personal injury case in New York. It is extremely important not to overstep the time limit so that you do not negate your rights to benefits.
In most personal injury cases, you have three years from the date of injury to file your claim, as provided by N.Y. Civil Practice Law & Rules Section 214. The time limit may differ for children, delayed onset conditions, and cases involving government entities, though, so make sure you clarify the type of case you have and double-check the statute of limitations with a personal injury lawyer at our firm.
A word to the wise: just because you have three years does not mean you should wait the whole three years to take action. The sooner you have an attorney start working on your behalf, the more time he or she will have to compile evidence and build a strong case. Plus, memories and evidence are fresher in the short-term aftermath of the accident.
What kinds of proof do I need to win my case?
There are two primary kinds of evidence in a personal injury case: that for proving the other party’s liability, and that for proving the extent of your damages. Both are vital to a successful outcome. Each case is different, so the types of evidence you need will be unique to your case. Just to give you an idea, here are a few examples of evidence that a victim who slipped and fell in a grocery store might need to prove her case:
- Eyewitness reports
- Photos of the spill she slipped on and the of the aisle to show that there was no warning signage for wet floors
- Surveillance footage the store had of her fall
- Medical evidence about her injuries, such as her medical file, doctor testimony, treatment plan, prognosis, second opinions, etc.
- Proof of lost wages, benefits, and job opportunities
- Bills and receipts related to her injury that she has already amassed
It can be overwhelming to try to come up with all the evidence you might need for your case; do not worry, we can help. When we work with you, we will provide you with a list of items to collect, and help gather much of the evidence ourselves.
What steps are involved in the personal injury claim process?
The personal injury claim process can be complex, but to simplify, the process typically involves the following:
- Investigating the facts and identifying the at-fault party.
- Filing a claim with the appropriate liability insurer, such as the auto insurer.
- Collecting evidence to support the case.
- Sending evidence and a demand letter to the insurer that lists your losses and requests for payment.
- Awaiting the insurer’s response and settlement offer.
- Accessing the settlement offer and negotiating for more.
- Accepting the offer and receiving the settlement, or filing a lawsuit in court if the claim is denied or a fair settlement cannot be reached.
- Preparing for and litigating in court.
- Awaiting the judge’s decision and receiving a judgment.
Why should I choose Goldstein and Bashner for my personal injury case?
Our attorneys help accident victims in Uniondale, NY. We have 50 combined years of experience helping injured victims get the recovery they need. We can assist with all types of personal injury cases.
Our team is passionate about helping New Yorkers during the difficult aftermath of a serious accident. When we take on a case, we make your priorities our priority. We take the time to explain the technical legal matters in a clear-cut way, and counsel you as we walk you through the process. You can rest assured that should we accept your case, we will fight your case until it reaches resolution.
Another benefit of choosing our firm is that there is never a risk when you enlist our services. We work on a contingency basis, which means we only get paid if and when we resolve your case and you recover compensation. There will be no upfront fees or out-of-pocket expenses to you, so you have nothing to lose by partnering with us.
Contact a personal injury attorney at Goldstein & Bashner for a free consult at your convenience by calling 516-222-4000 or by filling out the form on our contact page.