When a person suffers a serious injury, they are often thrown into a world filled with confusing legal jargon, medical terms and insurance-speak. At Kaplan Lawyers PC, we understand that victims have questions they want real answers to, not a series of legal terms that only make a painful situation more difficult to understand. With that in mind, let’s break down a few of the biggest questions that one might have after suffering an injury.
What is a personal injury?
“Personal injury” is simply a term that refers to the bodily, mental or emotional injury a person might suffer. Personal injury is an area of the law that deals primarily with these injuries and the legal action that a victim takes toward the person who caused them harm. Examples of personal injury cases include vehicle crashes caused by a distracted driver, worker injuries suffered by faulty equipment or a fall that was caused by a slippery surface.
What does it mean when a person is negligent?
Negligence means carelessness, as in the failure to take a proper amount of care in any given situation. It might also be interpreted as a careless mistake. For example, if a driver is not paying attention to the road and hits another vehicle, their negligence caused that accident. If a construction company puts their workers on scaffolding that is faulty or broken and a construction worker falls and suffers an injury, the company was being negligent.
How do I know whose negligence caused my injury?
Determining who was at fault in a personal injury case can be more complex than one might assume. If a worker is injured on the job because of faulty equipment, it could be the fault of the employer who provided the equipment, or it could be that the company that manufactured the equipment is negligent for selling a dangerous product. Personal injury attorneys investigate cases to determine who was at fault. In some cases, multiple parties could be found negligent.
How much is my case worth?
No attorney can tell you exactly how much your injury might be worth without evaluating the circumstances surrounding your case and the damages you have suffered. This is one of the many questions to which people want a quick, simple answer; but it is important to realize that personal injury cases can become complex. An attorney will factor in the direct costs of an injury, such as the medical bills facing a victim, but they will also consider the indirect costs of an injury, such as the emotional and psychological damages a person might suffer.
How long does it take to receive compensation for an injury?
This is another question that has no clear cut answer, simply because every case is different. Your attorney might be able to provide a general time frame that you can expect after a consultation, but there is no set length of time that you can expect when pursuing a personal injury claim.
What is the statute of limitations and what does it mean for my case?
The statute of limitations is the amount of time you have to file a claim following your injury. In New York, the statute of limitations for most types of personal injury cases is three years, meaning that you have three years to pursue a lawsuit after you have sustained an injury.
Can I take legal action even if the injury was partially my fault?
Yes. In New York, a person can file a claim even if they share some of the responsibility for an incident. In cases that involve vehicle crashes, a person can often receive some compensation from their insurance companies regardless of who was at fault.
Why do I need a personal injury attorney?
As you can see, these cases can be incredibly complex. An attorney will be familiar with the proper steps to take, determining who was at fault and what you should do to make sure that you receive the compensation you deserve. Insurance companies are skilled at minimizing the amount of money they pay to people who file claims, so having an attorney to stand up for you when filing a claim can make a big difference in the amount of compensation you will receive.
Why should I choose Kaplan Lawyers PC?
We offer free consultations. We take the time to explain the complicated issues surrounding your case so that you understand what to expect. Our attorneys are devoted to the people we represent, and we take great pride in the level of service and attention we have offered thousands of clients. Find out what our clients have to say by checking out our client testimonials page. If you have more questions that you’d like to discuss with someone at Kaplan Lawyers PC, give us a call or fill out our online contact form to learn more.
Attorney Jared S. Kaplan
Attorney Jared S. Kaplan has focused his career on advancing his legal knowledge though the day to day practice of law. Jared is a partner in the law firm of Kaplan Lawyers PC in Syosset, New York and has been a practicing attorney for nearly 20 years. His career started in litigation, so Jared is aware of the pitfalls in litigation and uses that knowledge in the representation of his clients in complex matters. [ Attorney Bio ]