Long Island Personal Injury Lawyer / Long Island Personal Injury

Long Island Personal Injury Lawyer

When you’re injured in an accident due to someone else’s negligence, you have the ability to seek compensation for the harm done through a personal injury claim. In New York, personal injury law aims to provide financial recovery to those harmed by another party’s carelessness or wrongdoing. Most of the time, the negligent party has liability insurance to pay for the injury victim’s medical bills, lost wages, pain and suffering, and other legal damages. This is typically the case in a motor vehicle accident, or a slip and fall or other injury on commercial property, for instance.

Legal assistance is required to pursue a claim with the insurance company and recover the proper amount of compensation. Insurance companies always settle claims for less money when the accident victim isn’t represented by an attorney. They might also dispute the facts about the injury or argue that their insured isn’t legally liable and therefore try to avoid paying the claim at all. That’s why Long Island personal injury lawyers like the seasoned trial team at Jacobson Law play a vital role in helping accident victims get the compensation they need and deserve. Although trials are not necessary most of the time, by putting every case on a litigation footing from the start, we put our clients in the best position for maximum results whether through a settlement or jury verdict. Contact Jacobson Law in Long Island or Manhattan to learn more or get started today.

Elements of a Personal Injury Claim

To prevail in a personal injury lawsuit, the injured party (plaintiff) must prove several key elements:

Duty of Care: The defendant (the party responsible for the injury) must have owed a legal duty to the plaintiff. For instance, drivers have a duty to follow traffic laws and drive safely to avoid harming others. Property owners have a duty to keep their premises reasonably safe.
Breach of Duty: The plaintiff must show that the defendant breached this duty of care. This typically involves proving that the defendant acted in a manner that a reasonably prudent person would not have under similar circumstances. For example, running a red light or failing to clean up a spill in a grocery store could be considered a breach of duty.
Causation: The plaintiff must prove that the defendant’s breach of duty directly caused the injury. Causation is broken into two parts:
- Actual Cause: Also known as “cause in fact,” this means the injury would not have occurred if not for the defendant’s actions.
- Proximate Cause: Also known as “legal cause,” this involves the often complex legal concept surrounding whether the injury was a foreseeable result of the defendant’s actions.
Damages: Lastly, the plaintiff must show that they suffered actual damages as a result of the injury. These damages can be physical, emotional, or financial, such as medical bills, lost wages, or pain and suffering. The extent of the injury will need to be proven or demonstrated through various means.

Types of Damages Recoverable in a Personal Injury Claim

In New York, a personal injury plaintiff may recover different types of damages, depending on the nature of the injury and its effects. These include:

Economic Damages: These are tangible, quantifiable losses that the plaintiff incurs due to the injury. Examples include:
- Medical expenses (current and future)
- Lost wages and loss of earning capacity
- Property damage (if applicable)
Non-Economic Damages: These are subjective losses that don’t have a precise dollar value but significantly affect the plaintiff’s quality of life. They include:
- Pain and suffering
- Emotional distress
- Loss of consortium (loss of companionship or support from a spouse)

In severe cases where the defendant’s conduct was particularly egregious or reckless, punitive damages may also be awarded. These are designed to punish the wrongdoer and deter similar conduct in the future, though they are less common in New York personal injury cases.

Comparative Negligence in New York Personal Injury Cases

New York follows a “pure comparative negligence” rule when it comes to determining liability in personal injury cases. This means that even if the plaintiff was partially at fault for the accident, they can still recover damages, but their recovery will be reduced by their percentage of fault.

For example, if you were injured in a car accident and the court finds that you were 20% at fault for not wearing a seatbelt, your total compensation would be reduced by 20%. If your damages totaled $100,000, you would be entitled to $80,000.

This system benefits plaintiffs by allowing them to recover compensation even if they share responsibility for the accident. However, it also means that the defendant will likely try to minimize their liability by arguing that the plaintiff was partially to blame. Plaintiff’s attorneys like the lawyers at Jacobson Law will strive to prove the full extent of the defendant’s negligence while pushing back against attempts to blame the plaintiff.

Statute of Limitations for Personal Injury Claims in New York

The statute of limitations sets a strict deadline for filing a personal injury lawsuit. In New York, the statute of limitations for most personal injury cases is three years from the date of the accident. If you fail to file your claim within this time frame, you will lose your right to seek compensation in court.

There are some exceptions to this rule. For instance:

Medical Malpractice Claims: These must generally be filed within 2.5 years of the malpractice or discovery of the injury.
Claims Against Government Entities: If your injury involves a government entity, such as a city or state agency, you must file a notice of claim within 90 days of the incident, and the lawsuit must be brought within one year and 90 days.

The applicable statute of limitations in a given case is not always straightforward. The key is to contact a personal injury attorney as soon as possible to protect your rights. Similarly, don’t simply assume that your claim is too old without talking to a personal injury lawyer first. Jacobson Law offers a free consultation to review your potential claims.

Protecting Your Rights After an Injury

If you’ve been injured in New York due to someone else’s negligence, it’s essential to act quickly and seek legal advice. An experienced Long Island personal injury attorney can help you gather evidence, negotiate with insurance companies, and ensure that you file your claim within the statute of limitations. By working with a skilled lawyer, you can maximize your chances of recovering the compensation you deserve.

On Long Island or throughout New York City, contact Jacobson Law by calling 631-661-2030 for a free consultation over the phone or at our offices in Bohemia or Carle Place. We can also arrange to meet in Manhattan by appointment. Pursuing a personal injury claim can help you secure the financial recovery needed to move forward. Jacobson Law is here to help.