Suffering an injury due to someone else’s negligence can be overwhelming. You may be faced with physical pain, emotional trauma, medical expenses, lost income, and confusion about your rights. It is helpful to understand the personal injury process, your legal options, and what to expect as you pursue a claim.
What Is a Personal Injury Case?
A personal injury case arises when a person is harmed due to the negligent, reckless, or intentional actions of another party.
Common types of personal injury claims include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Slip and fall injuries
- Pedestrian accidents
- Bicycle accidents
- Dog bites
- Medical malpractice
- Product liability
- Wrongful death
These cases are typically based on the legal concept of negligence. To succeed, you must prove the defendant owed you a duty of care, breached that duty, and caused damages as a result.
Do I Have a Valid Personal Injury Claim?
To determine if you have a valid claim, you should consider:
- Liability: Can someone else be held legally responsible for your injury?
- Damages: Did you suffer physical, emotional, or financial harm?
- Causation: Can you prove the injury directly resulted from the other party’s negligence?
Even if you’re partially at fault, you may still be entitled to compensation under comparative negligence laws. An experienced attorney can assess the details and advise whether your claim is legally viable.
How Long Do I Have to File a Personal Injury Lawsuit?
Each state has its own statute of limitations, which sets the deadline for filing a personal injury lawsuit. In New York, you have three years to file a personal injury lawsuit. Missing this deadline can permanently bar you from recovering compensation, so it’s important to act promptly.
What Compensation Can I Recover?
Personal injury victims may be entitled to various forms of compensation, including:
- Medical expenses
- Property damage
- Lost wages
- Diminished earning capacity
- Out-of-pocket expenses
- Loss of enjoyment
- Pain and suffering
The amount of compensation you may receive depends on the severity of your injuries, the impact on your life, and the strength of your case.
Do I Need a Personal Injury Lawyer?
Having a personal injury lawyer can greatly increase your chances of securing fair compensation.
An attorney can:
- Investigate the accident and gather evidence
- Gather and analyze evidence
- Work with medical experts to assess damages
- Communicate with insurance companies
- Negotiate aggressively with insurers
- File a lawsuit and represent you in court if needed
Insurance companies often try to minimize payouts, and without legal representation, you may be pressured into accepting a low settlement.
How Much Does a Personal Injury Lawyer Cost?
Most personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win your case. The fee is usually a percentage (typically 33-40%) of the settlement or court award. This arrangement allows injured individuals to pursue justice without upfront legal costs.
How Long Will My Personal Injury Case Take?
The duration of a personal injury case depends on various factors, including the following:
- Severity of injuries and length of medical treatment
- Willingness of the insurance company to offer a fair settlement
- Complexity of the case and amount of evidence required
- Whether the case goes to trial
Some cases settle in a few months, while others may take a year or more, especially if litigation is necessary. Patience is often required to achieve a just outcome.
Will My Case Go to Trial?
Most personal injury cases settle out of court, often through negotiations or mediation. However, if the insurance company refuses to offer a fair settlement, going to trial may be the best option. A strong legal team will prepare your case for trial from the start to ensure you’re in the best position, whether you settle or proceed to court.
What Should I Do After an Accident?
If you’ve been injured, take the following steps to protect your health and your legal rights:
- Seek medical attention immediately, even if injuries seem minor.
- Report the incident to the appropriate authorities (e.g., police, property owner).
- Gather evidence at the scene, including photos, witness contact info, and insurance details.
- Avoid making statements to insurance companies without legal advice.
- Document everything, including medical visits, missed work, and expenses.
- Contact a personal injury attorney for a free consultation.
Acting quickly and wisely can preserve critical evidence and prevent costly mistakes.
Contact the Personal Injury Lawyers at Rolo Personal Injury Lawyers for a Free Consultation
Navigating the aftermath of a personal injury can be complex and stressful—but you don’t have to do it alone. Understanding your rights and the legal process is the first step toward recovery.
If you or a loved one has been injured, the experienced team at Rolo Personal Injury Lawyers is here to fight for the compensation you deserve. Contact us today online or call us at 845-383-7790 for a free consultation and take the first step toward justice.
Visit Our Personal Injury Law Office in Middletown, NY
Rolo Personal Injury Lawyers
265 NY-211 Suite 106B, Middletown, NY 10940
(845) 383-7790
