Personal injury covers several types of accidents. However, not all attorneys handle all types of personal injury lawsuits. Before retaining an attorney, be sure the firm handles the type of case you have. Our Hauppauge, NY, personal injury lawyers at Kaplan Lawyers, PC handle a variety of personal injury lawsuits, including all types of vehicle accidents, workplace accidents, medical malpractice, nursing home negligence, Social Security disability, slip and fall accidents and wrongful death.
If you suffered injuries because of the actions or inactions of another person or business, contact Kaplan Lawyers, PC, for a free case evaluation at (516) 399-2364.
How Much Compensation Can I Recover in A Hauppauge Personal Injury Case?
The value of your case depends on the severity of your injuries and whether the defendant was negligent or grossly negligent. You could recover compensatory damages in the form of economic and non-economic damages. In some instances, you could recover punitive damages, especially in wrongful death cases. The court orders punitive damages only if it finds that the defendant’s behavior was grossly negligent or intentional.
Economic Damages in a Hauppauge Personal Injury Case
Special damages, usually referred to as economic damages, have a monetary value and include:
- Medical expenses, including doctor’s appointments, surgery, follow-up appointments, therapy appointments (physical, cognitive, psychological and occupational therapies), vehicle upgrades for hand controls, and home upgrades, including grab bars, wheelchair ramps, and widening doors.
- Replacement or repair of destroyed or damaged personal property, including your vehicle and anything of value in your vehicle or on your person.
- Lost wages.
- Loss of earning capacity. If doctors expect your injuries to cause long-term or permanent disabilities, you could recover loss of future earnings. Even if you can work part-time or full-time at a lower wage, you could recover the difference between what you were paid prior to the accident and what you are paid now if you cannot work in the same position.
- Funeral, burial and/or cremation expenses.
- Probate court filing fees and other after-death expenses.
General damages, usually referred to as non-economic damages, are harder to measure in monetary terms. They will be considered and impact the amount of settlement you receive or an award in a lawsuit. Our Hauppauge personal injury lawyers have experience with defining these damages and leveraging them to get you the compensation you deserve. Non-economic damages can include:
- Pain and suffering, including emotional distress.
- Emotional distress, specific to wrongful death cases.
- Loss of quality of life, such as when your accident injuries cause life-long changes like requiring prescriptions or the use of ambulatory aids.
- Loss of companionship if you can no longer enjoy time, activities and events with your family. You could also recover compensation for loss of companionship in a wrongful death case.
- Loss of consortium if you can no longer have a physical relationship with your spouse. You could also recover compensation for loss of consortium in a wrongful death case.
- Loss of use of a body part, such as your hand or a leg.
- Loss of use of a bodily function, such as your eyesight or bladder control.
- Inconvenience if you have to hire someone to do the chores you usually do, such as house cleaning, grocery shopping, lawn maintenance, and home repair and maintenance.
- Excessive scarring, such as that from road rash or burns.
- Disfigurement, such as that from crushed bones or multiple fractures that cannot be fully repaired.
To learn about the possible compensation you might receive in your case, contact our team at (516) 399-2364 to discuss the details with our personal injury attorney in Hauppauge.
Hauppauge Personal Injury Cases Involving Vehicle Accidents
Many people believe that one vehicle accident is just like another when it comes to filing a claim or a personal injury lawsuit. However, each type of accident has differences. Your Hauppauge personal injury lawyer should have experience with the type of vehicle accident that caused your injuries.
A truck accident has its own complexities, just as a motorcycle, bicycle, pedestrian, taxi, or bus accident. They are all more complex than a car accident because of several factors, including the severity of your injuries, the number of defendants, and the type of defendants.
For example, a truck accident is more likely to cause catastrophic injuries and could have several defendants, while a motorcycle accident, which often causes catastrophic injuries, often has one or two defendants.
Parties Who Could Share Responsibility for Your Injuries
If more than one person or company is responsible for your injuries, you have a better chance of recovering more damages since more than one insurance company and/or defendant could be involved. For example, in a truck accident, the driver is not always the only person at fault. You might also have a claim against:
- The driver
- The driver’s employer
- A truck owner, if the driver leases the truck
- An auto technician
- Parts manufacturers
- Tractor and/or trailer manufacturers
- Third-party inspectors
- Third-party dispatchers
- A municipality if road conditions caused the accident
- Third-party cargo loaders if the load is not loaded properly
- Taxi companies
- Rideshare companies
- The owner of a private bus company
- A municipality that provides public transportation, such as buses
- A vehicle manufacturer.
Your personal injury attorneys in Hauppauge will obtain the accident facts during your initial consultation and after further research will let you know who they think might share responsibility for your injuries.
How Workplace Injuries in Hauppauge Can Lead to a Personal Injury Claim
You might suffer a workplace injury because another person who does not work with you was negligent – for example, someone causes an accident while you are on the clock and driving a work vehicle. Or, you could suffer a workplace accident because of the negligence of your employer located in Hauppauge. If an employer does not provide safety equipment in good working order, you could hold the employer liable for your injuries; for example, safety harnesses that are out of date or are visibly defective, defective ladders in manholes or on grain elevators, or even proper personal protective equipment such as helmets and goggles for the construction industry.
New York has specific laws for recovering damages suffered in a workplace accident. You must notify your employer and file a claim with the New York Worker’s Compensation Board. However, while you can file a claim yourself, we do not recommend it. If you do not complete the claim process properly, the board will deny your claim. Our personal injury lawyers in Hauppauge, NY, can help file your claim properly to ensure that you get the compensation you deserve.
Medical Malpractice and Nursing Home Negligence in Hauppauge, NY
If a doctor or another medical professional caused new injuries or exacerbated existing injuries, you could recover damages, including medical expenses for treating your new or exacerbated injuries. A court could find a medical professional negligent for several reasons, including:
- Late diagnosis
- Childbirth injuries
- Surgical errors, including leaving a foreign object inside your body or operating on the wrong limb or body part
- Medication errors
- Defective medical equipment
- Anesthesia errors
- Failing to obtain informed consent – a doctor must tell you all of the side effects of treatment, whether that treatment is surgery, therapy, or prescriptions.
A nursing home could also be liable for your loved one’s injuries. In most cases, nursing home abuse involves mental and/or physical abuse, malnutrition, and neglect; but in some cases, your loved one could suffer some of the same injuries as listed for medical malpractice, such as medication errors, defective medical equipment, misdiagnosis, and anesthesia errors.
How Social Security Disability Issues Can Lead to a Hauppauge Personal Injury Claim
If you are unable to work because of health problems, you could apply for Social Security disability. However, it is difficult to get your disability application approved, even if you have visible physical disabilities.
Many people attempt to apply on their own but end up retaining a social security disability attorney in Hauppauge if the Social Security office denies their applications. A denial means that it takes that much longer to receive Social Security. You can minimize the risk of denial if you retain a Social Security disability lawyer to help you file your initial claim. Social Security requires you to meet certain financial standards for eligibility and other requirements.
Wrongful Death is a Type of Personal Injury Case
In short, wrongful death happens when someone’s negligence causes the death of a loved one. A vehicle accident, medical malpractice accident, a slip and fall, or even nursing home abuse could cause the wrongful death of a loved one. The decedent’s estate administrator brings the action to recover the compensation the family deserves. While you have two years to file a wrongful death lawsuit, you must file it within 90 days of the probate court’s appointment of an estate administrator.
Questions Our Hauppauge Personal Injury Lawyers Hear from Clients
Here are answers to some common questions that may help you better understand the process of a personal injury case in Hauppauge, NY.
What types of injuries could I suffer in an accident?
The injuries you could suffer depend on the type of accident and the severity of the accident. Injuries that could be a factor in your personal injury claim include:
- Bumps and bruises
- Scrapes, cuts, and scratches
- Open wound infections
- Strains and sprains
- Face and eye injuries
- Traumatic brain injuries
- Head, neck and shoulder injuries
- Back and spinal cord injuries
- Internal injuries
- Simple and compound fractures
- Crushed bones
- Amputation of a limb or digit
- Burns, including friction, chemical, thermal, electrical, radiation, and cold burns
- Road rash.
Do I have to settle?
No. Most people prefer to attempt settling their case as it is less expensive than litigation in a Hauppauge personal injury case. However, if an insurance company and/or a defendant refuses to come to a fair and reasonable settlement, you can ask your attorney to start litigation.
How much does a Hauppauge personal injury lawyer cost?
Your initial case evaluation is free. We also do not collect fees if we do not win your case. If you do not get paid, we do not get paid. When you come in for your initial case evaluation, we will explain what costs you might have, such as court filing fees, that you might be responsible for even if you lose. We also explain how much our fees are should you win your case. Our fees come out of your settlement or trial award. We do not hide our fees and costs – everything is explained should you decide to retain our firm.
How long do I have to file a claim?
In most cases, you have three years from the date of the accident to file a personal injury claim. However, if you have a medical malpractice claim, you have two years and six months from the date of the incident or from the end of continuous treatment for injuries you sustained as a result of medical malpractice. We recommend that you contact a Hauppauge personal injury lawyer as soon as possible so that you do not lose the chance to recover the compensation you deserve. Additionally, insurance companies could require you to file a claim within as little as 14 days.
How do I pay medical expenses until I receive a settlement or trial award?
While you are waiting for your settlement or for the trial to finish, you can use your vehicle insurance or health insurance to pay for medical expenses. However, you will have to reimburse the insurance companies when you receive your settlement. For example, if you have $50,000 in medical bills for a minor car accident and use your vehicle insurance to cover the expenses, your Hauppauge personal injury lawyer will cut a check to your insurance company to cover the amount requested.
If you pay medical expenses out of pocket, that money will be returned to you once you get your settlement. You should save all invoices, especially those you paid cash for.
Get Help from Our Hauppauge, NY Personal Injury Lawyer
If you suffered injuries in an accident, contact our Hauppauge personal injury lawyer for a free case evaluation as soon as possible. Call our team at (516) 399-2364 or use our chat or online form. If you cannot come to us because you are still in the hospital, we can come to you or arrange a video call for your initial case evaluation.
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 ]