Mallilo & Grossman Attorneys at Law

Feb 29, 2024

If you’ve suffered an injury due to someone else’s negligence, whether it’s from a car accident, slip and fall, or medical malpractice, you may be entitled to compensation. This compensation can help cover medical expenses, lost wages, pain and suffering, and more. Here are some key legal strategies that your personal injury lawyer in Queens, NY may use to help you build a strong case and fight for what you deserve.

Using the “Discovery” Process to Your Advantage

Discovery is a legal phase where your attorney can gather information from the other side. This can include requesting documents (like police reports, medical records, or insurance policies), obtaining witness statements under oath in depositions, and sending written questions.

Through discovery, your attorney can learn valuable facts about the other party’s defenses and build evidence to support your claim. You’ll want to use this required process to your advantage by requesting everything you can think of while giving only what you’re required to give to the other side. Never volunteer any extra information to the defendant’s lawyers.

Leveraging Expert Witnesses

Expert witnesses like medical specialists, accident reconstruction professionals, or economists, can add credibility and a layer of authority to your case. A medical expert, for example, can explain the extent of your injuries and how they may have long-term impacts and do so in a way that will help laypeople understand what’s really happened to you.

An accident reconstruction professional can detail how the accident happened and who they believe was at fault. Your lawyer will have experts to call on who can help to strengthen your case in this way.

Work to Minimize Comparative Negligence

New York is a “pure comparative negligence” state. This means that even if you’re found at fault for the accident, so long as it was not 100% your fault, you can still recover damages.

However, the amount awarded will be reduced by your percentage of fault. If you were 60% at fault, for example, the damage award would be reduced by 60%. A skilled Queens attorney knows how to present your case to best minimize any allegation of shared fault.

Know When to File

While most cases settle out of court, sometimes filing a lawsuit does become necessary, and sometimes it’s a key lever to get you the compensation you need.

Filing puts pressure on the other side and makes it clear you are ready to fight for maximum compensation. A lawsuit also triggers specific deadlines that help keep your case moving forward. Your attorney will assess whether taking your case to court is the best strategy given your situation.

Work with an Injury Lawyer in Queens, NY

Perhaps the most important strategy of all is to contact a skilled and experienced lawyer familiar with New York personal injury laws as soon as possible.
The legal knowledge and experience that a Queens personal injury attorney brings to the table can make a critical difference in your fight for the compensation you deserve.

These are just a few of the complex legal strategies that can be involved in a personal injury claim. For more and to get a free consultation, contact us at Mallilo & Grossman, Attorneys at Law, serving the New York City area.