Skilled Personal Injury Attorney in Huntington, NY
Victims in Huntington, New York, face a number of injury hazards. Many people are only aware of the most obvious hazards, such as car crashes. But when you look a little closer at these hazards, it quickly becomes clear that there are many potential dangers that people face every single day. Each year, many people are injured or killed by preventable accidents in New York. If you have experienced this firsthand, you already know how serious this situation can be. After all, an injured victim does not need convincing of how dangerous these accidents really are.
The fact that these accidents are preventable is a key distinction. In other words, negligence is making these accidents more hazardous than they need to be. If you were injured in New York, you have every right to hold negligent parties accountable for this reckless negligence. The best way to do this is to get in touch with a qualified, experienced personal injury attorney in Huntington – such as the Law Office of Frank A. Cetero.
What Type of Compensation Can I Pursue after a Personal Injury in Huntington?
If you are asking yourself how much money you stand to receive after filing a personal injury lawsuit in Huntington, the first thing you should know is simple: This is a perfectly acceptable question. After all, you need to plan effectively for your financial future, and you cannot do this unless you know whether you can actually pay your medical bills. You also need to know whether you will be reimbursed for your missed wages.
The good news is that both of these damages can be claimed in a Huntington personal injury lawsuit. Both missed wages and medical expenses count as “economic damages.” If you want to claim them in your lawsuit, you will need to add them up. This might not be as easy as it seems, especially if you need to figure out how much work you will miss in the future as opposed to the paychecks you have already lost. The basic process is simple: Collect as much financial documentation as possible and provide them to your lawyer. These documents might include:
- Pay stubs
- Tax returns
- Receipts for medical expenses
- Doctor’s notes
- Recommended future treatments
- Any other proof of past earnings
But economic damages represent just one aspect of your total damages. You also need to consider non-economic damages. These are different because they represent emotional or psychological “losses” that cannot easily be expressed with financial documents. You cannot simply provide a “receipt” that proves you suffered serious emotional distress as a result of your accident. So how do you get compensated for these damages? There are a number of potential options, but the most important thing to remember is that these damages are recognized in court. Examples include:
- Loss of enjoyment of life
- Loss of purpose
- Emotional distress
- Pain and suffering
- Loss of consortium
Most serious accidents involve at least some level of emotional distress. After all, the process of going to the hospital, receiving painful and invasive treatment, and possibly fearing for your own life are all legitimate burdens. One way in which these damages are calculated is the “general damages multiplier” method. This is when your non-economic damages take the form of a value (usually between 1 and 4) that is multiplied by your economic damages to provide you with a final settlement.
What is the Burden of Proof in a Huntington Personal Injury Lawsuit?
In all civil lawsuits (including personal injury lawsuits), you must show a “preponderance of evidence” to achieve success. Although this might sound like a complicated legal term, its meaning is quite straightforward: You need to show that the defendant (the person you are accusing) is more than 50% likely to have been negligent.
Note that this burden of proof is much lower than that of a criminal case, where the prosecution must show that the defendant is guilty “beyond all reasonable doubt.” In other words, it is easier to prove a defendant’s negligence in a civil case than it is to prove a defendant’s guilt in a criminal case. This is good news for injured plaintiffs in Huntington.
But what exactly do you need to prove? That all depends on your unique situation. If you were injured in a car accident, for example, you might need to prove that the negligent driver who caused your accident was intoxicated or speeding at the time of the crash. If you were injured in a slip and fall, you might need to show that a spill was allowed to sit on the floor for many hours – with no one making any effort to clean it up.
Why Should You Hire an Experienced Personal Injury Lawyer in Huntington?
Working with a lawyer is not mandatory, but it is highly recommended if you have been injured in a Huntington accident. A lawyer can help you with many important steps, including negotiation for a fair settlement, representing you in court, and helping you gather evidence. Without a lawyer, you would need to learn all about the complexities of the legal world while simultaneously recovering from your injuries. For almost all victims, this just is not tenable. In addition, it is important to note that personal injury lawyers receive payment on a contingency basis, which means that you only need to pay them if and when you win your lawsuit. This means that there are very few reasons not to work with a lawyer if you are an injured victim.
Where Can I Find a Qualified Truck Accident Attorney in Huntington?
If you have been searching for an experienced personal injury attorney in Huntington, look no further than the Law Office of Frank A. Cetero. We are well aware of the hazards posed by various accidents, having assisted victims over the years. We also know that many of these hazards are completely preventable and that negligent parties should be doing more to protect innocent people in Huntington. Book your consultation today, and you can immediately hold these negligent parties accountable for the hardships you have been forced to endure. A personal injury lawsuit can provide you with a settlement that covers your medical expenses, missed wages, and emotional distress. Reach out now.
Frequently Asked Questions (FAQs) For a Huntington Personal Injury Lawyer:
Is it likely my case will go to trial?
It is not likely that your case will go to trial. Only about 3% of all personal injury cases end up going to court. In the event that your case becomes one of the 3%, your Huntington personal injury attorney will make sure that you are prepared for the trial.
After my case settles, how long until I get paid?
After you have accepted a settlement and your case is closed it typically takes about 30 days for you to get paid. Each case is different and sometimes you are able to get paid sooner and other times it takes a little bit longer.
How do I know if I have a case?
To know for certain if you have a personal injury case, it is important to meet with a Huntington lawyer. You should determine if you were injured, if the injuries were caused by another person, and if the injuries could have been prevented before speaking to an attorney. If you were injured by another person’s negligent actions, it would be beneficial for you to contact an attorney and see if your injury has as strong case.
What benefits are there for hiring an attorney right after the accident?
Hiring a Huntington attorney soon after your accident is beneficial for a few reasons. One being the accident is still fresh in your mind, you remember more details about the accident, and you can give your attorney more information. When you hire a lawyer quickly after the accident, it also allows them to do a better investigation because more evidence is still available. These factors help you build a stronger case that has a higher likelihood of a successful outcome.
How long do I have to file a personal injury claim?
In the state of New York, the statute of limitations for filing a personal injury claim is three years from the date of your accident. It is very important that you meet this deadline, otherwise your risk the chance to plead your case.
What is considered pain and suffering?
Pain and suffering is emotional distress. If you were injured in an accident that then took a decline on your mental health and you were in emotional turmoil because of the accident, you may be able to fight for pain and suffering. Often times an expert witness will be needed to help prove the validity and severity of the pain and suffering.
Does New York grant punitive damages to personal injury cases?
Yes, punitive damages can be awarded in personal injury cases in New York. It is important to note that punitive damages are very rarely granted. Only a judge is able to request punitive damages and they tend to only do so in extreme circumstances.
What will my Huntington attorney need from me?
Your personal injury attorney will need as much information about the accident as you can give them. They will need to know the date and time of the accident, who was involved, the insurance companies’ information for both parties, and any evidence you collected from the scene of the accident.
What do I do if my child was injured in a personal injury accident?
If your child was injured in an accident, and they are a minor, then you as the parent or the legal guardian you can hire an attorney on their behalf.