With over 8 million residents per the 2020 U.S. Census, Long Island forms 40% of New York State’s population. This makes it the most populated island in any U.S. state or territory and the third-most populous in the Americas, trailing only behind Hispaniola and Cuba.
High population densities often lead to increased incidents, including accidents and injuries.
If you’ve suffered an injury due to another’s negligence, it’s your right to seek appropriate compensation. However, facing the claims process can be complex and challenging.
This is where a skilled Long Island personal injury attorney comes into play. While you focus on your physical recovery and manage the impact of missing work, an experienced attorney can handle the legal complexities and advocate for your rights.
The CEO Lawyer Personal Injury Law Firm has been a trusted choice for injury victims in Long Island, NY, for years. We understand your difficulties and are dedicated to securing the maximum compensation for your claim.
Our initial consultations are 100% free, and our services are provided on a contingency fee basis—meaning you owe us nothing unless we win your case. Contact us today to begin your recovery process.
Our Team of Long Island Personal Injury Attorneys
Our team values every client, and we offer the best legal representation possible in all personal injury cases.
Our personal injury law firm’s size and abundance of resources enable us to offer outstanding representation in court while concentrating on maximizing our clients’ financial recoveries.
We have successfully gotten our customers more than a billion in settlements over the years.
For our personal injury team, every case is manageable and simple.
How Does Our Long Island Personal Injury Law Firm Support You?
Dealing with personal injury cases can be intricate, particularly with severe injuries involved. Your primary concern should be your post-accident health and healing.
By entrusting us with the legal aspects, you alleviate a significant burden.
In handling your case, we devise a customized legal approach to align with your unique situation and aim for just compensation for your losses. Here’s how we can assist through our dedicated legal services:
Conducting a Thorough Investigation of Your Accident
Our team is prepared to investigate your accident’s causes and contributing factors independently. We’ll compile key evidence such as:
Police reports
Medical records and expenses
Traffic and dashcam recordings
Witness accounts
Images of the accident’s aftermath and location
Additionally, we might engage expert witnesses, like accident reconstruction experts, to fortify your case. Rely on our team to uncover the facts and collate evidence proving the other party’s negligence.
Managing All Paperwork
The volume of paperwork in personal injury cases can be overwhelming. We handle the intricate details and administrative tasks, from filing claims to lawsuits.
Avoid the risk of errors that could jeopardize your case by letting us manage the documentation while you concentrate on recovering.
Negotiating for Rightful Compensation
After our thorough investigation, we’ll identify evidence of your incurred and potential future losses. You shouldn’t have to bear the financial burden due to another’s fault.
We’re prepared to negotiate assertively for the compensation you’re entitled to and present your loss evidence before a judge or jury, aiming for a court-decided settlement.
Providing Regular Updates on Your Case
We know the significance of your case to you and your loved ones. Hence, our Long Island personal injury attorneys are committed to being accessible, addressing your queries, and informing you about your case’s status.
We’ll clarify each legal step and guide you through the process, ensuring your case receives the dedicated attention and effort it demands, striving for the most favorable result.
How Much Is My Personal Injury Case Worth in Long Island?
The compensation received from a personal injury claim can significantly vary, influenced by factors such as the extent of damages, injury severity, and its overall effect on the victim’s life. Legal representatives typically calculate potential compensation by summing up quantifiable damages, including medical bills and lost income.
Two methods are commonly used to address pain and suffering: the multiplier and per diem.
The multiplier method involves multiplying the total medical costs by a factor ranging from 1 to 5, depending on injury severity. Alternatively, as projected by a medical professional, the per diem method assigns a daily value to the victim’s suffering, calculated from the incident until the victim is fully recovered.
Long Island, NY Personal Injury Law Basics
In Long Island, NY, understanding the fundamentals of personal injury law is crucial, particularly in car accidents, construction incidents, premises liability, and medical malpractice.
Car Accidents: New York operates under a “no-fault” insurance system, meaning individuals involved in car accidents generally file claims with their insurers, regardless of fault. State law requires drivers to have at least $50,000 in no-fault insurance to cover damages. However, to sue for additional damages, such as pain and suffering, the victim’s injuries must pass the “serious injury” threshold, which includes conditions like significant disfigurement or bone fractures.
Construction Accidents: New York’s Labor Laws protect construction workers by requiring site owners and contractors to provide safe working conditions and equipment. In case of injury, workers can claim compensation and potentially sue relevant parties, like property owners or general contractors, under Labor Laws 200, 240, and 241.
Premises Liability: Property owners in New York must maintain their premises to prevent harm to lawful visitors. In premises liability cases, victims must prove that the property owner was more likely than not responsible for their injuries, demonstrating negligence in maintaining safe conditions.
Medical Malpractice: Healthcare providers must adhere to a standard of care. Patients can file medical malpractice claims when they fail to meet this standard, resulting in injury. The specifics of these standards can vary depending on factors like the patient’s condition and age.
How to Prove Negligence in Personal Injury Cases in Long Island, NY?
In personal injury law, demonstrating negligence is a critical yet complex aspect, as it involves proving the defendant’s failure to meet a standard of care resulted in the plaintiff’s harm.
Four Key Elements of Proving Negligence:
Duty of Care: The claimants must show that the defendant was responsible for avoiding causing harm. For instance, all drivers must obey traffic laws to prevent accidents.
Breach of Duty: It must be established that the defendant failed to fulfill their duty of care. This could occur if a driver ignores a stop sign, leading to an accident.
Causation: There must be a direct link between the defendant’s actions and the injury sustained by the plaintiff. For example, injuries that wouldn’t have occurred if the defendant had acted differently (e.g. if the red light had not been run) are proof of causation.
Damages: The plaintiff must have suffered actual harm, either physically or financially, that can be remedied through compensation.
Furthermore, in New York, pure comparative negligence applies, meaning if the plaintiff had any part in causing their injuries, their compensation would be reduced by their percentage of fault. For example, if a plaintiff is deemed 30% responsible for an accident, a $1,000 compensation would be reduced to $700.
Statute of Limitations for Personal Injury Lawsuits in New York, Long Island
In New York, the law restricts the timeframe for filing personal injury lawsuits to ensure timely and efficient legal proceedings. According to N.Y. Civ. Prac. R. section 214:
Personal Injury Claims: These must generally be filed within three years of the date of the incident.
Wrongful Death Claims: Families have two years from the death to file a lawsuit.
Medical Malpractice Claims: Victims have a deadline of two years and six months to file. This period begins from:
The date of the alleged malpractice.
The end of continuous treatment for the same condition by the same physician.
The discovery of a missed cancer diagnosis provided this is within seven years of the misdiagnosis.
Additionally, New York recognizes a “Discovery Rule” for cases involving foreign objects left in a patient’s body post-surgery.
Patients have one year from the date of discovery, or when they reasonably should have discovered the object, to file a claim. However, this must occur within ten years of the act, causing the object to be left in the body.
Special Provisions for Minors: In medical malpractice cases, minors can file lawsuits up until two and a half years after their eighteenth birthday, provided that the total time does not exceed ten years from the date of the malpractice.
Victims must adhere to these deadlines. Failing to file within the allotted time usually results in losing the right to seek compensation, as defendants can use the expiration of the statute of limitations as a defense against the lawsuit.
Types of Compensation in Personal Injury Lawsuits
Every personal injury lawsuit is unique, leading to compensation variations based on each case’s specific details and circumstances. However, victims typically may be entitled to several common forms of compensation for the injuries and damages sustained:
Medical Expenses: Victims can receive compensation for medical-related costs, which may include expenses for hospital stays, physical therapy, medical devices, surgeries, prescription medications, rehabilitation, emergency services, and other related healthcare needs. This compensation aims to cover current and future medical expenses resulting from the injuries.
Lost Income: This type of compensation addresses the loss of income and earnings resulting from the victim’s inability to work due to their injuries. Eligibility for lost income compensation may apply even if the victim used time off or sick leave. Additionally, if injuries lead to permanent disability or a lasting impairment that affects employment capabilities, compensation may include future lost wages or earning capacity.
Pain and Suffering: Victims may be compensated for the physical pain and emotional distress experienced due to their injuries. This encompasses the discomfort, anguish, and loss of enjoyment of life due to the injuries sustained in the accident.
Property Damage: Compensation may also cover repairing or replacing damaged personal property, such as vehicles, smartphones, bicycles, and other belongings affected by the incident.
Punitive Damages: In cases where the defendant’s actions were particularly negligent or reckless, victims may be awarded punitive damages. These are intended to punish the defendant and deter similar behavior in the future.
Handling Various Accident and Injury Claims in Long Island
If you’re unsure whether your situation qualifies for a personal injury claim, it’s important to know that these lawsuits typically stem from bodily injuries caused by another’s negligence.
Here are the most common scenarios that lead to personal injury lawsuits:
Car Accidents: In New York, a no-fault state, your insurance covers medical bills and property damage up to your policy’s limits after a car accident. However, you may pursue a personal injury lawsuit if you face significant injuries or expenses beyond these limits.
Construction Accidents: Despite stringent safety laws in New York, construction remains hazardous. If you’re injured on a construction site, you can seek damages from responsible parties, excluding your employer, due to Workers’ Compensation regulations.
Dog Bites: In New York, dog owners must prevent their pets from causing harm, especially if the dog is known to be dangerous or has a history of biting.
Fall Accidents: These can occur from tripping over misplaced objects, being struck, or slipping on ice. Property owners are liable if they fail to maintain a safe environment.
Medical Malpractice: If you’ve suffered due to substandard medical care, you can file a lawsuit but must prove the healthcare provider’s negligence.
Motorcycle Accidents: Motorcyclists often face risks due to other drivers’ negligence, leading to serious injuries. Victims can seek compensation for such negligence.
Premises Liability: Property owners in New York must ensure their premises are safe. You may have a claim if you’re injured on someone’s property due to negligence.
Truck Accidents: Given their size, trucks can cause devastating injuries. Various parties, including drivers and their employers, can be held liable.
Wrongful Death: If a loved one has died due to negligence, you can file a wrongful death lawsuit within two years to cover expenses and lost income.
Our professional Long Island accident attorney can guide you through the legal process, ensuring all negligent parties are held accountable.
Actions to Take Following a Personal Injury
Experiencing a personal injury can be traumatic and disorienting, but taking specific steps immediately after the incident can greatly assist in your recovery and in building a solid compensation case.
Here’s what you should do:
Prioritize Safety: Following an accident, your safety is paramount. If it’s a vehicular accident and you can move without causing further harm, seek a safe location away from traffic. In situations like falls, move to a stable area to avoid additional risks. Ensuring you’re safe helps prevent further injuries and provides a secure location to assess the situation and wait for help.
Call for Emergency Services: Getting law enforcement and medical personnel to the scene as soon as possible is crucial. Dial 911 to report the incident. Police will secure the area, file a report, and collect initial findings, while emergency medical technicians (EMTs) can provide immediate care and assess your injuries. Even if you feel fine, adrenaline can mask pain and injuries – professional evaluation is essential.
Seek Medical Attention: Visit a healthcare provider immediately following the incident. Some injuries, like internal bleeding or concussions, might not be immediately apparent. Early medical intervention can prevent complications and provide a clear record of your injuries, which is invaluable for any subsequent legal action. Ensure all injuries, symptoms, and treatments are thoroughly documented.
Document Everything: If your condition allows, gather evidence at the scene. Take photographs of your injuries, the surrounding area, any hazards or conditions that contributed to the accident, and any property damage. If there were witnesses, collect their contact information. This evidence can be crucial in establishing the circumstances of your injury and attributing fault.
Obtain a Police Report: Ask for a copy of the police report filed at the scene. This report will contain an official account of the accident, including details and potentially the officer’s initial assessment of fault, which can be pivotal in legal and insurance claims.
Consult a Personal Injury Lawyer: Engaging a lawyer early can significantly impact your case. A knowledgeable attorney can guide you through the legal process, help you understand your rights and options, and begin constructing a solid case. They can handle negotiations with insurance companies and opposing legal teams, allowing you to focus on recovery.
Maintain Records and Documentation: Keep a detailed record of all medical appointments, treatments, and interactions related to your injury. Document days missed from work and how the injury affects your daily life and well-being. This documentation can help quantify damages and losses for your claim.
Communicate Carefully: Be cautious about what you say to insurance companies, the other party involved, or on social media regarding the accident or your injuries. Inadvertent statements can be used against you. Discuss communication strategies with your lawyer to avoid compromising your case.
Follow Through with Treatment: Adhere to the treatment plan your healthcare providers prescribe. Skipping appointments or ignoring medical advice can harm your recovery and weaken your legal claim, as it may suggest your injuries are not severe.
Stay Organized and Informed: Keep all your documents, correspondence, and notes organized. Stay informed about your legal rights and the progress of your case by maintaining regular contact with your attorney.
Consult With Our Long Island Personal Injury Lawyer Right Away!
At CEO Lawyer Personal Injury Law Firm, we are committed to supporting you through your Long Island accident case. We aim to ensure you fully comprehend the legal avenues for obtaining the compensation you deserve.
It can be very difficult to cope with the following days of an accident, but you don’t have to do it alone or keep yourself in the dark about how your case is going. Our Diligent team is here to restore balance to your life, ensuring you and your loved ones can advance confidently, backed by the justice and compensation you warrant.
Let our competent lawyers and extensive legal staff help you on your path to financial recovery. Reach out to our office now at (516) 689-1132 to schedule a free consultation with one of our experienced team members.
FAQ
When Should I Consult a Long Island Personal Injury Lawyer?
If you’ve been injured in Long Island due to someone else’s negligence or actions, it’s crucial to seek legal advice as soon as possible. A personal injury lawyer can guide you through filing a claim, negotiating with insurance companies, and, if necessary, representing you in court.
You should consult a lawyer if:
You’ve sustained injuries that result in significant medical bills, loss of wages, or long-term healthcare needs.
There’s a dispute over who is at fault for the incident.
You’ve received a settlement offer from an insurance company that seems too low or doesn’t cover all your losses.
You’re unsure about the legal process or your rights.
What Types of Compensation Can I Seek with a Long Island Personal Injury Lawyer?
In Long Island, you may be entitled to various types of compensation, depending on your case specifics. These can include:
Medical expenses: Covering current and future medical treatments related to your injuries.
Lost wages: Compensation for the time you could not work due to injuries.
Pain and suffering: For the physical pain and emotional distress caused by your injuries.
Property damage: If personal belongings were damaged due to the incident.
Punitive damages: In cases of egregious negligence, to punish the wrongdoer and deter similar behavior.
How Long Do I File a Personal Injury Claim in New York?
In New York, the statute of limitations for most personal injury claims is three years from the date of the injury. You must file a lawsuit within this timeframe or risk losing your right to seek compensation.
However, there are exceptions depending on the type of claim and the injured party, so it’s essential to consult with a personal injury lawyer to understand the deadlines applicable to your case.
What Should I Expect When Working with a Long Island Personal Injury Lawyer?
Working with a personal injury lawyer in Long Island typically involves:
An initial consultation to discuss your case details and assess your legal options.
Investigation of your case, including gathering evidence, interviewing witnesses, and consulting with experts.
Filing legal paperwork and handling negotiations with insurance companies.
Representation in court if a fair settlement cannot be reached outside of trial.
Your lawyer will aim to achieve the best possible outcome for your situation, whether through a settlement or a court verdict. They should keep you informed throughout the process, help you understand your options, and advocate to ensure you receive the compensation you deserve.
Our testimonials are proof that we care about our customers and the quality of their experience.
Posted by Dan Carter
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Posted by Christian Hope
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Posted by Dalia Rodriguez
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Posted by Heather Brown
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