Serious injuries can change your life. They often require medical treatment and time off work and can cause long-term pain. If you’ve been seriously injured, you may be wondering how to get the compensation you deserve.
Davidoff Law Personal Injury Lawyers helps you get the fair compensation you need. We understand the effects of serious injuries and work hard to help you recover. Our seasoned personal injury attorneys will guide you through every step.
Whether it's medical expenses or lost wages, we will ensure your claim is handled properly. Our goal is to ensure that you get the compensation you need to move forward with your life.
Table of Contents
What Is Considered a Serious Injury?
A serious injury is one that causes long-term effects or requires extensive medical treatment. It can impact your ability to work, take care of yourself, or enjoy daily activities. Serious injuries often lead to permanent disability or ongoing pain.
In New York, serious injuries are defined under personal injury law as those that have lasting effects. These injuries can include physical, emotional, and mental health issues. They may involve broken bones, head injuries, or damage to organs.
Serious injuries can lead to high medical bills, lost wages, and emotional distress. If you've suffered a serious injury, you may be entitled to compensation for medical expenses, pain and suffering, and lost income. A Queens personal injury lawyer can help ensure that your personal injury claim is handled properly.
Common Types of Serious Injuries
- Traumatic Brain Injury (TBI): A blow to the head that causes long-term brain damage. Symptoms include memory loss, dizziness, and difficulty concentrating.
- Spinal cord injuries: Damage to the spinal cord that can lead to paralysis or loss of movement in parts of the body.
- Fractures and broken bones: Severe breaks that require surgery and can lead to long-term pain or disability.
- Burns: Serious burns that require medical treatment and leave permanent scars.
- Internal injuries: Damage to internal organs that may require surgery and ongoing medical care.
- Amputations: The loss of a limb, either due to the injury or as a result of medical treatment.
Common Causes of Serious Injuries in Queens
Serious injuries can happen in many ways. They are often caused by accidents, negligence, or unsafe conditions. Some common causes of serious injuries in Queens are:
Car and Truck Accidents
Car and truck accidents are a leading cause of serious injuries in Queens. When vehicles collide, the impact can result in broken bones, head injuries, and spinal cord damage. Speeding, distracted driving, and driving under the influence are common factors that contribute to these accidents.
If you’ve been injured in a car or truck accident, you may be entitled to compensation for medical bills, lost wages, and pain and suffering. A Queens personal injury lawyer can help you navigate the claims process and fight for fair compensation.
Slip and Fall Accidents
Slip and fall accidents are another common cause of serious injuries. These accidents can happen anywhere, such as in stores, on sidewalks, or in workplaces. They often lead to broken bones, head injuries, or spinal cord damage. Poor lighting, wet floors, or uneven surfaces can contribute to these accidents.
If you’ve been injured in a slip-and-fall accident, you may be able to seek compensation from the property owner or responsible party. An experienced personal injury attorney can help you build your case and pursue the compensation you deserve.
Workplace and Construction Accidents
Workplace and construction accidents can result in serious injuries, including falls from heights, equipment accidents, and being struck by falling objects. These accidents often lead to broken bones, traumatic brain injuries, and spinal injuries.
If you are injured at work, you may be able to file a workers' compensation claim. However, if someone else's negligence caused the injury, you may also be able to file a personal injury lawsuit. A Queens personal injury lawyer can guide you through the legal process and help ensure you get fair compensation.
Medical Malpractice
Medical malpractice occurs when a healthcare professional fails to provide the standard of care, leading to serious harm. Mistakes such as misdiagnosis, surgical errors, or medication mistakes can result in life-changing injuries. Patients may suffer long-term physical or mental health problems as a result of medical negligence.
If you believe you’ve been a victim of medical malpractice, you should seek legal representation. A personal injury lawyer can help you investigate the cause of the injury and pursue compensation for your medical expenses, pain, and suffering.
Pedestrian and Bicycle Accidents
Pedestrian and bicycle accidents can lead to serious injuries, especially when involved in collisions with vehicles. Pedestrians and cyclists are vulnerable to head injuries, broken bones, and internal injuries. Poor road conditions, distracted drivers, or failure to obey traffic laws are common causes of these accidents.
If you’ve been injured as a pedestrian or cyclist, a competent personal injury lawyer can help you pursue justice. They can assist with medical bills, lost wages, and pain and suffering claims.
Legal Rights of Serious Injury Victims in New York
If you’ve suffered a serious injury in Queens, you have certain legal rights. These rights are designed to help you recover compensation for your injuries and losses.
Here are some important aspects of New York personal injury law that you should understand:
Understanding No-Fault Insurance Limits
In New York, no-fault insurance applies to car accidents. This means that your own insurance will cover certain medical expenses and lost wages, regardless of who caused the accident. However, no-fault insurance has limits. It does not cover pain and suffering or injuries that are more severe. If your injuries are serious, you may be able to file a personal injury lawsuit to seek additional compensation.
It’s important to understand the limits of your no-fault coverage and when it’s appropriate to seek legal assistance for further claims. A personal injury lawyer can help you understand the details of your coverage and how to pursue additional compensation.
When You Can File a Personal Injury Lawsuit
You can file a personal injury lawsuit if you’ve been seriously injured due to someone else's negligence. However, you must meet certain requirements. For example, your injury must be severe enough to qualify under New York’s serious injury threshold. In cases like car accidents, if you’ve suffered significant pain or long-term disability, you may be able to pursue a lawsuit beyond no-fault insurance.
An experienced personal injury attorney can help determine if your injury qualifies for a lawsuit. They can help you gather evidence, deal with insurance companies, and fight for the maximum compensation.
Statute of Limitations in New York
- General rule: In most personal injury cases, you have three years from the date of the injury to file a lawsuit.
- Medical malpractice: You generally have two and a half years to file a medical malpractice claim, starting from the date of the incident.
- Wrongful death: If the injury leads to death, you have two years from the date of death to file a claim.
- Exception for minors: If the injured party is under 18 at the time of injury, the statute of limitations is extended until their 18th birthday.
It’s crucial to act quickly, as missing the deadline can result in losing your right to file a claim.
Compensation Available for Serious Injury Victims
If you’ve suffered a serious injury, you may be entitled to compensation. This compensation can cover your medical bills, lost wages, and other expenses related to the injury.
Economic Damages
Economic damages are financial losses that can be easily calculated. These include:
- Medical bills: The cost of surgeries, hospital stays, doctor visits, and physical therapy.
- Lost wages: If you are unable to work because of your injury, you can be compensated for the wages you’ve lost.
- Property damage: If your personal property, like a car or other belongings, was damaged in the accident, you can claim compensation for repairs or replacement.
A reliable personal injury lawyer can help you calculate these damages and ensure that you receive full compensation for your financial losses.
Non-Economic Damages
Non-economic damages cover the emotional and physical toll of an injury. These include:
- Pain and suffering: Compensation for the physical pain caused by your injuries and the emotional distress you experience.
- Emotional distress: Anxiety, depression, or other emotional effects caused by the injury.
- Loss of enjoyment of life: If your injury limits your ability to enjoy activities you once loved, you may be entitled to compensation for this loss.
These damages can be more difficult to calculate, but a skilled personal injury attorney will work to ensure you get a fair amount for your pain and suffering.
Punitive Damages (For Extreme Negligence Cases)
Punitive damages may be awarded in cases where the defendant acted with extreme negligence or intentional misconduct. For example, if the person who caused your injury was driving under the influence of alcohol or drugs, punitive damages may be added to your compensation.
These damages are meant to punish the wrongdoer and prevent others from engaging in similar behavior. An experienced lawyer can help determine if your case qualifies for punitive damages and work to secure maximum compensation for you.
How a Queens Serious Injury Lawyer Can Help
If you've suffered a serious injury, hiring a Queens personal injury lawyer can make a huge difference. They can help you understand your rights, gather evidence, and fight for the compensation you deserve.
Investigating the Accident and Gathering Evidence
A lawyer will start by investigating the cause of the accident. They will gather key evidence such as accident reports, medical records, witness statements, and photos. They may also work with experts to assess the extent of your injuries and their effects on your life.
This investigation is crucial in building a strong case. The more evidence your lawyer has, the better they can support your personal injury claim and ensure that you receive fair compensation.
Negotiating with Insurance Companies
Insurance companies often try to offer a low settlement to save money. A personal injury lawyer will handle all communication with insurance companies and fight to ensure you’re not shortchanged. They will work to get you a fair settlement that covers your medical expenses, lost wages, and pain and suffering.
If the insurance company refuses to offer a fair settlement, your lawyer can take further legal action to get you the compensation you deserve.
Filing a Personal Injury Lawsuit
If a fair settlement cannot be reached, your lawyer can file a personal injury lawsuit. This involves taking the case to court, where your lawyer will present the evidence and argue your case before a judge.
While most personal injury cases settle outside of court, filing a lawsuit shows the insurance companies that you are serious about seeking the compensation you deserve. A capable personal injury lawyer will guide you through every step of the process, making sure your rights are protected.
FAQs
What should I do if I’ve been seriously injured in Queens?
If you’ve been seriously injured, you should seek medical attention immediately. Then, contact experienced Queens personal injury attorneys who can help you understand your legal rights. They will guide you through the process of filing a personal injury claim, gathering evidence, and negotiating with insurance companies.
How long do I have to file a personal injury claim in Queens?
In New York, you generally have three years from the date of the injury to file a personal injury lawsuit. However, there are exceptions, especially for cases involving medical malpractice or wrongful death. Make sure to contact a lawyer as soon as possible to ensure you meet the necessary filing deadlines.
Will most personal injury claims be settled outside of court?
Yes, most personal injury claims are settled outside of court. Insurance companies often prefer to settle quickly rather than go to trial. However, if the settlement offer is unfair, your lawyer can take the case to court. Queens personal injury attorneys are skilled at handling negotiations, ensuring that you receive fair compensation.
Can I claim compensation for pain and suffering in a serious injury case?
Yes, you can claim compensation for pain and suffering in a serious injury case. This includes both physical pain and emotional distress caused by the injury. An accomplished personal injury lawyer will help determine the appropriate amount for these damages based on your specific situation.
Do I need a personal injury lawyer for a serious injury claim in Queens?
While it’s not required, hiring an experienced personal injury lawyer can greatly improve your chances of receiving fair compensation. A lawyer will handle all aspects of your claim, from gathering evidence to negotiating with insurance companies. They will ensure your legal rights are protected and fight for the compensation you deserve.
Contact Our Queens Personal Injury Lawyer
If you’ve been seriously injured in Queens, it’s important to get the right legal help. A skilled New York personal injury lawyer can guide you through the process and ensure you receive the compensation you deserve.
At Davidoff Law Personal Injury Lawyers, our personal injury law firm offers a free consultation to discuss your case. Our team of qualified attorneys will review the details of your injury, explain your legal options, and help you understand how to move forward. Whether it’s negotiating with insurance companies or filing a personal injury lawsuit, we are here to provide the support you need.
Don’t wait to get the legal representation you deserve. Contact us today for your free consultation, and let us help you fight for justice and the compensation you need to recover.
