If you or a loved one suffered personal injury due to the negligence or fault of another party, our Hempstead personal injury lawyers at Kaplan Lawyers can help you get the compensation you need to rebuild your life.
A personal injury occurs when someone is harmed due to someone else’s negligence or fault. The injured person is faced with physical and emotional pain and trauma and may also suffer financial losses from property damage, medical, hospital, and rehabilitation bills, and lost income if unable to work. Their family relationships and social life may never be the same. Sometimes, the injuries are severe enough to result in death. With life so disrupted, it’s natural to be fearful and not know where to turn.
Fortunately, the Hempstead personal injury lawyers at Kaplan Lawyers PC can help by filing an injury lawsuit to cover your financial losses and provide compensation for the suffering you are going through. We handle all aspects of your legal claim and will aggressively negotiate with all relevant parties and insurance companies to fight for a settlement that can alleviate your financial worries and allow you to concentrate on getting well.
We offer a free no-obligation consultation to discuss the facts of your case. We work on a contingency basis, so there are no fees to you until we win a settlement. Call us today at (516) 399-2364.
How Our Hempstead, NY, Personal Injury Lawyers Work for You
Winning a personal injury case involves many steps. At Kaplan Lawyers, our Hempstead, NY, personal injury lawyers get to work for you from the start. We…
- Evaluate your case to determine what it may be worth
- Investigate the accident scene and gather evidence, such as photographs, surveillance videos, and police and medical reports
- Interview witnesses, police officers, and first responders
- Determine who the potentially negligent parties are
- File all paperwork in accordance with deadlines and court requirements
- Hire experts to reconstruct the crash scene
- Negotiate with insurance companies and their attorneys for a fair settlement
- Build your case, taking it to trial, and advocate for you in front of a judge and jury if necessary.
Our team of Hempstead personal injury lawyers handle a wide range of injury cases, including:
- Vehicle accidents
- Premises liability actions
- Defective product claims
- Medical malpractice
- Dog bites and dog attacks.
In situations where personal injury results in a loved one’s death, we can file a wrongful death lawsuit. This can be viewed as a personal injury case filed on behalf of the deceased, who can no longer do so.
Regardless of the situation, we will do everything possible to build your case and seek a settlement that covers all of your expenses and damages. Call Kaplan Lawyers today at (516) (399-2364.
Damages a Personal Injury Attorney in Hempstead, NY, Can Win for You
In a successful case, our Hempstead personal injury attorneys can win a monetary award, called damages, as compensation for the injuries you sustained due to another party’s negligence. In New York, damage awards usually fall into two categories: compensatory damages, for economic and non-economic losses; and punitive damages, to punish someone for extreme wrongdoing.
Most compensation falls into the category of compensatory damages. This includes:
Economic Damages — awarded to cover your monetary losses for costs and expenses that result from the accident, such as:
- Medical and therapy bills
- Lost earnings from being unable to work, and projected future lost earnings
- Property damage, such as replacing a vehicle
- Costs of modifying a home or vehicle.
Non-economic Damages – This is compensation to you for damages that do not have a specific dollar value. The amount you receive is restitution for negative effects of the accident on you and your family and may include:
- Pain and suffering
- Mental and emotional anguish
- Loss of consortium
- Permanent disability or disfigurement
- Loss of enjoyment of life.
Punitive damages are awarded only in rare cases in order to punish a defendant who acted in an especially egregious manner, such as acting intentionally dangerously or extremely recklessly. The goal is to both punish the defendant and to deter such behaviors in the future.
Amounts of Damage Awards You May Recover
The amount of damages you may be awarded for personal injury can vary greatly from thousands to millions of dollars, depending on the circumstances of the case and the extent of your injuries. Factors that go into determining an amount include:
- the circumstances of the accident
- the severity and permanence of your injuries
- whether you will need continuing care
- your earning potential and ability to work in the future
- your age and family situation
- the availability of insurance and assets of the defendants
- the individual judge and jury involved
- how well your personal injury attorney can negotiate a settlement or litigate your case.
An attorney experienced with handling injury cases will be sure to seek the maximum compensation possible to cover all damages that apply.
Our Personal Injury Lawyers in Hempstead Must Prove Negligence
To win your case, our personal injury lawyers in Hempstead must prove that another party, the defendant in the case, was negligent or at fault for causing the injuries you received. Proving legal negligence means showing the following elements:
- Duty: The defendant owed you a duty of care to act responsibly and not to cause harm.
- Breach: The defendant breached this duty.
- Cause: The defendant’s breach caused your injuries.
- Damage: You suffered damages as a result.
Examples of negligent actions that breached duty and caused harm include:
- A drunk driver ran a red light and crashed into another car.
- Defective tires blew out and caused a crash.
- A surgeon amputated the wrong limb.
- A doctor failed to diagnose and treat cancer.
The legal process to prove negligence can be complex, so an experienced Hempstead personal injury lawyer is an asset you don’t want to be without. Ask our team about what elements of negligence may apply to your case.
Let Our Hempstead Personal Injury Attorneys Deal with Insurance Companies
Insurance companies often play a large role in personal injury settlements, as they are the first source of funds we can attempt to go after for compensation. However, insurance companies are out for their own profit and will use tactics such as trying to get you to admit you were at fault for or contributed to the accident that caused your injuries. In addition, insurance companies have high-powered lawyers who will try to get you to settle quickly for the lowest possible amount. Once you accept their offer, you have no recourse to get fair compensation or get more money should your injuries get worse in the future.
Our Hempstead personal injury attorneys are aware of tactics insurance companies use, and we know how to negotiate for a fair settlement. Insurance companies tend to take your case more seriously if you have an attorney on your side, as they are aware that if negotiations break down, your attorney can take the case to trial. Although a trial is a last result, we are fully prepared to take your case to court should negotiations break down.
New York Laws That Could Affect Your Case
There are several New York laws you should be aware of, as they may affect your case. These include:
Statute of Limitations — New York has a statute of limitations, a time limit for filing a lawsuit for most types of personal injury cases. According to N.Y. Civ. Prac. R. section 214, you generally have three years from the date of the injury to go to court and file a lawsuit against those responsible for the underlying accident, or the courts are likely to refuse to hear your case.
If the case is for medical malpractice, you have two-and-a-half years from the date of the incident to file a claim, with some exceptions. If the malpractice caused the wrongful death of a loved one, you have two years to file on behalf of your family member.
Shared Fault – In some personal injury cases, the defendant’s attorneys may argue that you are the one to blame for the incident that led to your claim. Our attorneys will fight against this allegation, but if you are found to have some level of liability, New York follows a “pure comparative negligence” rule. This means that the amount of compensation you’re entitled to receive will be reduced by an amount that is equal to your percentage of fault for the accident. However, our attorneys can still get you the percentage of the settlement that the other parties are found to be at fault.
For example, if you are found to be 10 percent at fault and the settlement is for $100,000, you can still collect $90,000.
Cases Against the Government — If your injury occurred due to the negligence of an employee or agency of the state or local government, you will have to file a formal claim with the proper government agency and give them time to respond. In general, you have 90 days to file a formal claim against a city in New York and one year to file a lawsuit against a city, county, or state.
Get Help from Our Personal Injury Lawyers in Hempstead
New York laws regarding personal injury are complicated, and making mistakes can be costly. At Kaplan Lawyers, our personal injury lawyers in Hempstead, will ensure that all legal matters and negotiations are done correctly and promptly, within the framework of the law. We will fight aggressively for the compensation you deserve and take the burden off you so you can concentrate on your recovery, your family, and moving forward with your life.
Don’t delay. Call us today for your free consultation at (516) 399-2364 to get started.