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Staten Island can seem like a calm and quiet place compared to the rest of the New York City boroughs; however, accidents and injuries are still all too common, leading to people looking for compensation when they are injured due to someone else’s negligence or wrongdoing. A Staten Island personal injury lawyer can help investigate your accident and pursue compensation from the negligent party.
Omni Injury & Accident Law, P.C. can help investigate your injury claim, engage in negotiation with the insurance companies to get you a fair settlement, and, if a settlement is not possible, pursue your claim in court.
A personal injury attorney can help an accident victim in many ways, from determining liability to providing legal representation in court, if necessary. While you may think it will be easy to handle your own injury claim, an attorney has the legal experience to navigate the system and people who use an attorney tend to recover more compensation. Some of the ways they help include:
Investigating the Incident: An attorney is well versed in investigating an incident, whether it be a car accident or slip and fall incident. They review and gather police reports and other evidence to help determine the negligent parties, sometimes through an accident reconstruction, so that they can be held liable, either through an insurance settlement or in court.
Gathering Evidence: Having evidence to prove negligence and fault is essential in prevailing on a personal injury claim. A skilled attorney knows exactly what evidence is needed to prove your claim and how to efficiently gather it, either through an investigation or the discovery process. The most common evidence in personal injury claims can include photographs, medical records, maintenance records, and witness statements.
Identifying Legal Issues: Some personal injury claims can be incredibly complex and have multiple legal issues that need to be identified and handled. An experienced attorney can determine if the key elements of negligence have been met in your case such as if someone breached a duty that they owed to you and other complex issues such as which parties to sue under the legal doctrine of Respondeat Superior in a truck accident case.
Negotiating with Insurance Companies: Insurance companies try to get accident victims to accept the lowest settlement possible for the company’s bottom line. However, a skilled attorney negotiates with the insurance companies by presenting them with evidence showing fault so that you get a settlement that compensates you for all of your damages.
Protecting Your Rights: A lawyer works to protect your legal rights throughout the entire legal process from protecting you from being coerced into admitting liability to speaking on your behalf with insurance companies, so you don’t make any of the common mistakes related to personal injury claims. They also ensure that you are treated with respect and dignity throughout the entire process.
Representing You in Court: Sometimes a settlement is just not possible, so a Staten Island personal injury attorney provides you with seasoned legal representation with their courtroom experience. A trial lawyer provides aggressive representation, presenting evidence and questioning expert witnesses, and presenting compelling opening and closing arguments so you have the best chance of getting a positive verdict.
Dealing with Complications: Sometimes, personal injury cases can become complex, and complications arise. When this happens, an attorney’s education and experience allows them to navigate these complications so that your case stays on track and you can still get the compensation that you deserve.
Omni Law handles a wide range of personal injury cases to help accident victims get a recovery to compensate them for the damages that they have incurred. Some of the types of cases we handle include:
Car Accidents: Car accidents can result in injuries ranging from minor scratches to severe injuries including head and spinal cord injuries. Our experienced attorney provides compassionate representation after a car accident, investigating your claim to determine liability, engaging in negotiations with the insurance adjuster, and representing you in court, if necessary.
Truck Accident: Truck accidents can be some of the most devastating types of accidents on the road due to a commercial vehicle’s size and weight, which can result in catastrophic injuries such as brain injuries and even death. We help you explore all of your legal options after a truck accident so you can recover what you are entitled to.
Construction Site Injuries: Injuries from construction accidents can be caused by falling debris, fire or demolition explosions, exposure to toxic chemicals, faulty construction equipment, and more. Construction accidents usually entitle an employee to workers compensation but sometimes employers will deny responsibility and try to prevent you from receiving compensation. We fight on your behalf to ensure you get everything you are entitled to.
Slip and Fall Incidents: Slip and fall accidents are a form of premises liability where a person is injured on a property owned by another person and the injury was due to conditions caused by negligent or reckless maintenance such as a wet floor. We work to show that these negligent parties were responsible for your injuries so you get just compensation.
Motorcycle Accident: Riding a motorcycle can be dangerous at times especially when other motorists are negligent or there is an accident due to weather conditions. Motorcycle accidents can result in terrible injuries such as brain injuries that leave a victim with substantial medical bills and other expenses. We can estimate your case value and pursue the compensation you are entitled to.
Wrongful Death Claims: A death caused by someone else’s wrongdoing or negligence can be incredibly difficult for families not only emotionally but also financially. A wrongful death can leave a family with medical bills, funeral expenses, and the loss of the decedent’s income. Omni provides compassionate legal representation for families after a wrongful death so they can get the financial compensation they are entitled to.
If you are injured after an accident, you should seek medical assistance immediately even if you do not think it is required as some injuries are not immediately apparent. However, if you do not leave the accident, be sure to engage in accident evidence gathering, taking photographs of the accident scene, collecting witnesses’ statements, and gathering any other evidence you think is relevant.
As soon as you can, you should also contact your insurance company and let them know you have been injured, and you should contact a Staten Island injury lawyer to protect your rights. Be sure not to admit fault for any accident until talking to a lawyer, because your admission of fault could later be used against you. It all comes down to how Comparative Negligence Works in an Injury Claim which can ultimately reduce your financial recovery.
Typically, in a personal injury case, you will need to prove that a person was negligent or reckless in some way and that resulted in your injuries. The essential elements to prevail on a negligence claim are:
An attorney works to investigate an accident and gather evidence that proves these essential elements, either to an insurance company or in litigation. They work to show that you were injured through someone else’s negligence and that you are entitled to compensation.
New York State allows the recovery of three major types of damages in personal injury claims. These types of damages are:
Economic Damages: Economic damages encompass things such as medical bills, lost wages, loss of future potential earnings, property damage like vehicle repairs, and other expenses related to an accident. These damages are designed to compensate a person for expenses incurred and expenses that are likely to be incurred in the future.
Non-Economic Damages: Non-economic damages encompass things like pain and suffering, emotional distress, loss of consortium, and disfigurement which may result from a motorcycle accident. These types of damage are designed to compensate a person for damages that are not easily quantified by bills and receipts.
Punitive Damages: Punitive damages are designed to punish a party for egregious or reckless conduct and are usually only awarded in rare cases where the conduct was truly egregious. However, there is no cap on punitive damages in the State of New York so juries can award large amounts.
A Statute of Limitations is a legal deadline in which a party is required to file a claim in court or risk losing the ability to file the claim. Statutes of Limitations are designed to promote fairness and efficiency in the legal system, which helps in evidence preservation and to not clog up the court system with old cases.
In New York, the statute of limitations for personal injury claims is typically three years for the date of the incident, however, in medical malpractice cases, the deadline is typically two years. There are some exceptions such as if the victim was a minor or incapacitated. A personal injury attorney in Staten Island can help ensure your claim is timely filed so you can get case results.
If you have been injured in an accident, Omni Injury & Accident Law, P.C. can provide you with exceptional legal representation for your injury claim, just check our client testimonials. We represent you through the entire legal process, investigate your claim, negotiate with the insurance companies, and advocate for you in court, if necessary.
Our team works on a contingency fee basis which means there are no upfront costs, and you only pay if you prevail on your claim. Contact us today to set up a free consultation where you can learn more about your case value and how best to proceed with your case.
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