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The Lower East side is always a busy and bustling part of New York City. However, with all that’s going on, there is traffic and people everywhere, so accidents and injuries do occur. When this happens, you may find yourself in need of a Lower East side personal injury lawyer to help you investigate your claim and recover any compensation that you may be entitled to.
The team at Omni Injury & Accident Law, P.C. are here to help if you have been injured in an accident in the Lower East side. Omni will investigate your claim to help determine liability and case value, engage in negotiation with the insurance companies, and represent you in court, if necessary, so you can recover the compensation you are entitled to.
An attorney can help you in many ways if you are injured in an accident in the Lower Eastside from determining if you have a viable claim to providing vigorous legal representation in court, if necessary. Some of the ways an attorney can help you include:
Evaluating Your Case: An attorney can evaluate your case to determine whether you have a viable claim that you can seek a recovery on. This is done by reviewing things like police reports, photographs, and other evidence to see if another party’s negligence caused your injuries. They may also take into account Comparative Negligence in a Personal Injury Claim which could prevent you from recovering compensation or reduce your total compensation.
Gathering Evidence: Having sufficient evidence to prove liability and negligence is essential to prevailing on a personal injury claim. An attorney will perform an investigation to collect relevant evidence, such as witness statements and photographs, and conduct discovery to get documents and other evidence from the opposing party.
Negotiating with Insurance Companies: An insurance company often tries to get an accident victim to accept the lowest settlement possible to protect the company’s bottom line. An attorney will engage in victim advocacy on your behalf, presenting the insurance company proof that their client was at fault for your injuries, so you get a fair settlement.
Representing You in Court: Trial attorneys meticulously prepare for litigation and will prepare a strong case if your case goes to trial. Once at trial, they will present evidence, question witnesses, and present compelling opening and closing arguments on your behalf to convince a judge or jury that you should prevail on your claim.
Calculating Damages: Understanding your case value can be key in deciding if you should pursue a claim. A Lower Eastside personal injury attorney can help you understand your case value by calculating the economic and non-economic damages you may receive if you prevail on your claims and they can use these damage calculations in negotiations with insurance companies or in court.
Filing Lawsuits: Many times, personal injury claims, such as car accident claims, end up with settlements after negotiation. However, if that does not happen, an attorney can draft a detailed petition and file a lawsuit on your behalf to pursue your claim through the legal system. Plus, even the threat of litigation by an attorney can result in a case settling faster.
Providing Legal Advice: An attorney also provides you legal advice throughout the entire process such as not admitting to fault, not speaking to the opposing counsel or insurance company without your attorney present, and how to avoid the common mistakes many people make during the personal injury claim process.
There are many ways that a person can be injured by someone else’s wrongdoing in the Lower Eastside and that’s why Omni Law handles a variety of different personal injury cases. Some of the personal injury cases Omni handles include:
Car Accidents: Car accidents can be caused by almost anything from distracted driving to weather related accidents and can result in injuries ranging from minor scratches to serious injuries such as brain and spinal cord injuries. Omni provides vigorous representation to car accident victims so they can recover the compensation they are entitled to.
Truck Accident: Truck accidents can be caused by distracted driving or improper maintenance, among many other things, with truck accidents being some of the most devastating accidents on the road. The team at Omni are experienced when it comes to truck accident claims and will thoroughly investigate your accident and pursue your claim to recover any compensation you are entitled to.
Construction Site Injuries: Construction site accidents can be caused by a range of things including falling debris, exposure to toxic chemicals, falls, faulty construction equipment, and more. These injuries normally entitle an employee to worker’s compensation, however, sometimes employers fight liability.
Slip and Fall Incidents: A slip and fall claim is a type of premises liability where an injury occurs on someone else’s property due to negligent or faulty maintenance on the property. Injuries can be minor but can, at times, be serious such as spinal injuries. Omni investigates these accidents to hold negligent parties responsible.
Motorcycle Accident: Motorcycle riding can be a fun activity, however, when other motorists are distracted or negligent, a motorcycle accident can occur. These accidents can result in serious injuries such as brain damage and broken bones. Omni works hard on your behalf to hold those responsible for your accident accountable and get you just compensation.
Wrongful Death Claims: A death caused by someone else’s wrongdoing or negligence is a tragic event that can leave a family emotionally devastated. It can also lead to financial hardship due to medical bills, funeral costs, and the loss of the income of the decedent. Omni provides compassionate representation for wrongful death claims to help you recover financially.
If you are injured in an accident in the Lower Eastside, you should seek medical care immediately even if you do not think you are injured as some injuries do not become apparent immediately. However, if you remain at the accident scene, you should engage in accident evidence gathering, taking photos of the accident scene and any visible injuries, collecting witness statements, and any other evidence you think may be relevant.
You should also contact your insurance company to let them know that you’ve been in an accident and then get in touch with a Lower Eastside injury lawyer as soon as possible to protect your legal rights. Never admit to fault for an accident until you’ve spoken with an attorney because you may not know the whole situation and it can be used against you later on through a comparative negligence claim and lead to negative verdicts.
There are some essential elements in proving fault in a personal injury case. Most of the time you must show that the person who caused your injuries was negligent. The essential elements of negligence are:
Evidence is used to prove these essential elements. An attorney will help gather and present this evidence to prove all of the legal elements so you can prevail on your claim.
New York State provides for the recovery of three main types of damages in a personal injury case. These types include:
Economic Damages: Economic damages encompass things like medical bills, property damage such as vehicle repairs, lost wages, loss of future potential earnings and other expenses that are related to the accident. These damages are designed to compensate a person for the financial losses that they incurred from the accident.
Non-Economic Damages: Non-economic damages encompass things like emotional distress, pain and suffering, loss of consortium, and disfigurement. These damages are designed to compensate a person for losses that are not easily quantifiable by bills and receipts.
Punitive Damages: Punitive damages are designed to punish a party for reckless or egregious conduct and are normally only awarded when a party’s conduct was truly shocking. However, in New York, there are no limits on punitive damages so a jury could award a large amount.
A statute of limitations is a legal deadline in which a person has to file a lawsuit otherwise they may no longer be able to pursue their claims. Statutes of limitations are designed to promote fairness and efficiency in the legal system helping to preserve evidence and not clog up the courts with old litigation.
In New York, the statute of limitations for personal injury claims is typically three years from the date of the injury, however, medical malpractice claims have a two-year statute of limitations. There are some exceptions to a statute of limitations such as for minors and people incapacitated at the time of the accident.
If you have been injured in the Lower Eastside of Manhattan, Omni Injury & Accident Law, P.C. is here to help you. We will review your case to see if you have a viable claim, speak to you about potential case values, and, if you so choose, pursue your claim.
Omni will negotiate with the insurance companies to get you a fair settlement and, if not, file a claim in court and represent you throughout the legal process. Plus, we work on a contingency fee basis so there are no up-front costs, and you only have to pay if you prevail on your claim. Contact Omni Law today to set up a free consultation with an experienced personal injury lawyer.
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