Navigating Personal Injury Claims: 6 Things You Should Know

On Behalf of Mallilo & Grossman Attorneys at Law | Jan 24, 2024 | Personal Injury |

When an accident causes an injury, you may have a personal injury claim: but understanding whether you do and how to successfully bring it requires special knowledge. Your Queens, NY personal injury lawyer understands the complexities of these claims here in New York and wants to empower you with knowledge so you know what to expect and can make informed decisions.

From Your Queens, NY Personal Injury Lawyer: 6 Things You Should Know

1. Whether You Have a Claim

To tell if you have a case, consider a few questions:

1. Did you suffer harm of some kind, including the loss of money or property?
2. Did someone else violate the law or act negligently?
3. Was a contract broken?
4. Were you assaulted by a person or attacked by an animal belonging to another?
5. Did a defective product injure you?
6. Were you injured in a car accident or at work?

If any of these are true of you, then the two big questions to ask next are whether someone else was responsible for the harm you suffered, and if there are damages involved. In other words, can you show losses that resulted from the incident, such as medical bills, damage to your car, etc?

There are some complications here, so you’ll need the help of an experienced New York lawyer. For example, in car accidents, typically New York’s “no-fault” insurance comes into play, meaning that your own insurance covers you, no matter who was at fault. However, New York also has a “serious injury” threshold, allowing you to bring a personal injury claim if your injury reached specific levels of physical, psychological, or economic harm.

2. The Importance of Fault and Liability

You must prove that the other party’s negligence, i.e., their failure to exercise reasonable care, directly caused your injuries. This often involves gathering and analyzing evidence like accident reports, witness statements, and medical records.

New York also has a comparative negligence rule, meaning your compensation gets reduced proportionally to your percentage of fault in the accident. This makes it very important to prove your own level of liability, as the other party may fight hard to get you assigned more fault than you really carry.

3. Your Right to Legal Help

While it’s not mandatory, consulting an experienced personal injury attorney can significantly strengthen your claim and give you the best possible shot at a good outcome. Having a lawyer levels the playing field when you’re up against insurance companies with deep pockets, skilled lawyers, and motivation to minimize their payouts.

4. What Damages and Compensation You Can Seek

Economic Damages
These directly reimburse you for quantifiable losses like medical bills, lost wages, and property damage.

Non-Economic Damages
These compensate for intangible losses like pain and suffering, emotional distress, and loss of enjoyment of life.

Punitive Damages
These are very rare and are meant to punish the liable party rather than compensate you. These are only awarded in cases where the other person’s behavior was especially egregious.

5. About Settlement vs. Litigation

Most personal injury claims settle through negotiations with the at-fault party’s insurance company. However, if a fair settlement cannot be reached, litigation then becomes an option.

6. About the Statute of Limitations

You typically have three years from the date of your injury to file a personal injury lawsuit in New York. Procrastination can weaken your claim and even bar you from seeking compensation at all.

At Mallilo & Grossman, Attorneys at Law, we can offer you experienced and personalized representation throughout your journey. Contact us today for a free consultation: we’re Queen’s largest personal injury law firm serving New Yorkers in the entire Metropolitan New York and Long Island area.

163-09 Northern Boulevard Flushing, NY 11358-2644