Accidents happen all the time – but if an incident resulted from someone else’s negligence, recklessness, carelessness, or criminal act, they should pay for the harm they caused.
If you suffered injuries in an accident and believe someone else might have full or partial responsibility, you owe it to yourself to consider your legal remedies with help from a Queens personal injury lawyer from StolzenbergCortelli, LLP. A seasoned attorney could help you receive compensation for your pain and suffering, medical expenses, lost income, and the injury’s intangible impacts on your life.
Whenever an accident causes an injury, another party’s negligence has usually played a role. Negligence is a failure to use reasonable caution that results in an injury to someone else, and is almost always a factor in:
When an injured person consults StolzenbergCortelli, LLP, Queens personal injury attorneys, the legal professional investigates the circumstances to identify all the potentially responsible parties and gather evidence of their negligence.
In almost all cases, the negligent parties try to reach a settlement with the claimant. Most defendants prefer the certainty of a settlement, and settling ensures the claimant receives an appropriate sum in a reasonable timeframe. If a case goes to trial, it could be months or even years before the claimant receives any compensation. A lawyer could advise someone of their best options.
The laws governing the statute of limitations to take legal action can be confusing and fact-specific. Lawsuits against public entities must be filed more quickly than a suit against a private individual. For example, if a person is hit by a car while crossing Queens Boulevard, they have three years from the date of the collision to bring a lawsuit against the driver. If a city bus hit the pedestrian, they would have to notify the city of their claim within 90 days of the collision. If the city did not settle the claim, the pedestrian would have only one year and 90 days from the accident date to file a lawsuit seeking damages. Missing either of those deadlines could end their right to sue.
Anyone who suffers an injury resulting from someone else’s negligence is wise to consult a Queens personal injury attorney from StolzenbergCortelli, LLP as soon as possible. An experienced advocate understands the different legal timeframes and exceptions that might apply in a specific case, and could ensure that a claimant does not lose their right to sue.
New York Civil Practice Law and Rules § 1411 establishes the concept of pure comparative negligence, which requires that each party to an accident take responsibility for their part in it.
In practice, this law means that an injured person whose conduct contributed to an accident might not collect 100 percent of their damages from other negligent parties. In the above example, a pedestrian crossing Queens Boulevard in a crosswalk during the appropriate time would likely collect all their damages. On the other hand, a pedestrian crossing in the middle of the block while oncoming traffic had the green light might be partially responsible for the accident and would likely collect reduced damages. However, even if the pedestrian was 90 percent at fault, the law allows them to collect ten percent of their damages from the driver that hit them.
If you are recovering from a severe accident, you likely have a lot on your plate. You might be trying to rehab an injury, get back to work, and get your finances in order. If the injury had a permanent impact on your health, you could be wondering how you will manage.
A Queens personal injury lawyer from StolzenbergCortelli, LLP is adept at identifying the parties who might be responsible for an accident and holding them accountable. Call now to speak with a committed attorney from StolzenbergCortelli, LLP about your legal options.