Personal Injury Questions
Answers from Our Brooklyn Injury Attorneys
At the Law Offices of David J. Hernandez & Associates, we realize most of our clients never expected to find themselves in need of legal representation. However, when a serious accident results in a significant injury, it can bring up a tremendous amount of worry and stress. We recognize the importance in having your personal injury questions answered by an expert.
Many of our clients come to us seeking answers to the concerns related to their injury. The following are some of the most frequently asked questions our dedicated Brooklyn personal injury lawyers receive.
Frequently Asked Personal Injury Questions
How long do I have to file a personal injury claim in New York? In New York, you have three years from the date of accident or injury to file most personal injury claims. For wrongful death lawsuits, you have two years from the date of the loss of your loved one. Medical malpractice claims must be filed within two years and six months.
Will I have to go to trial if I file a lawsuit? Maybe. Maybe not. At the Law Offices of David J. Hernandez & Associates, we worked diligently to achieve a favorable settlement through negotiation.However, we are also highly skilled litigators. We will not hesitate to tenaciously pursuit your right to maximum compensation in court, if necessary.
What type of compensation is available for my claim? New York state law allows for victims of an accident due to negligence to recover monetary compensation for their injuries and damages. These can include:
- Current and projected medical bills and expenses
- Loss of current and future income
- Pain and suffering
How is negligence defined? In legal terms, negligence is the failure to exercise the level of care a reasonable person would do under similar circumstances. It can also mean the undertaking of actions a reasonable person would not do.
In personal injury cases, the following must be proven:
- The defendant had a duty either to the injured party (plaintiff) or the general public
- The defendant’s actions or failure to act would not have been what a reasonable person would have done under similar circumstances
- The plaintiff’s injury or damages were caused by the defendant’s negligence
What can an attorney do for me?
Plenty! First, it gives you a legal voice. Many of our clients arrive at our office frustrated that their concerns seem to fall on deaf ears. They thought they would be dealing with an individual, not an impersonal insurance company. Even worse, the insurance company representing the individual(s) liable for their injuries is stonewalling or completely denying culpability.
Second, an experienced personal injury attorney can advise you of rights to compensation you may not know you had. For instance, compensation for the expenses of medical care includes the entire cost of treatment, not just your insurance co-pays.
Most importantly, it levels the playing field. Insurance companies are big business only concerned with one thing: protecting their bottom line. Their main objective is to pay out as little as possible, either through underpaying or denying compensation altogether. Our supportive Brooklyn personal injury attorneys are your advocates, representing your best interests. We work tirelessly until you receive your maximum compensation possible. Feel free to contact our office for your free case evaluation or to ask your personal injury questions to one of our attorneys.
Request a Free Case Evaluation Today
With decades of combined legal experience, our highly skilled team of personal injury attorneys has
recovered over tens of millions of dollars in compensation for our clients. If you have suffered an injury as the result of the negligent actions of another, we can deliver the aggressive advocacy you need and deserve!
We invite you to request a free case evaluation so we can hear your story and describe in detail the legal opportunities you have available to you. In addition to Brooklyn and Manhattan, we also serve clients in Queens, the Bronx, Staten Island, and the surrounding areas of New York and New Jersey.
The Law Offices of David J. Hernandez & Associates is ready to stand up for you and your right to full and fair compensation! Contact our firm today to get started. Hablamos Español