Long Island Personal Injury Attorney

Have you been injured as a result of another person’s negligence? Has another person’s wrongful actions caused the death of your loved one? You may have a personal injury claim against them. If you have been injured or lost a loved one as a result of another person’s negligence or wrongful actions, you may be entitled to financial compensation for your damages. For more information about your rights and legal options, contact the experienced Long Island personal injury attorneys at Gold & Gold.

For more than 40 years, Gold & Gold’s team of attorneys has been fighting with integrity for the injured and those who have lost loved ones as a result of another’s negligence.
We know and care about the community, and we routinely travel throughout New York to service our clients’ needs.
We are trial lawyers first. Defense lawyers and insurance companies know this. We will secure the best outcome possible for our clients whether by settlement, mediation, or trial.

If you or a family member has suffered an injury because of another person’s negligence, we know how stressful it can be to deal with the financial and emotional consequences of your injury. We can help you through the legal process and fight to get the compensation you deserve. We offer free evaluations. Call us today at (516) 888-4653 to schedule your appointment.

How Do I Know If I Have a Personal Injury Claim?

Not all accidents will give a victim the right to a personal injury claim. For a valid personal injury claim based on negligence the following elements must be present:

The defendant owed the victim a duty of care to avoid causing them harm
The defendant’s actions did not meet the standard of care expected of them in the circumstances that caused the injury
The defendant’s breach of their duty caused the victim’s injury
The breach was the proximate cause of the victim’s injury. There are some situations like in car accidents where the actual cause and the proximate cause of the victim’s injury may be different.
The victim suffered actual injury.

All of these elements must be present to succeed in a personal injury claim. While these elements are not always apparent, an experienced personal injury attorney will be able to assess the circumstances surrounding your injury to determine if you have a good claim.

What Does a Personal Injury Lawsuit Entail?

Personal injury cases are the result of a person being injured due to the negligence or willful misconduct, or wrongful behavior of another party. The person who is injured must file an insurance claim with the liable party’s insurance company. The insurance company then has an opportunity to settle with the claimant for the amount they requested.

When to File a Personal Injury Lawsuit

If you have been injured due to another person’s negligence, statutes of limitations require that you act quickly. Statutes of limitation are the time limits determined by law within which a victim must file their claim or lose their right to do so. In New York State, the statutes of limitation for personal injury claims vary depending on the basis of the claim. The statute of limitation for medical malpractice claims is 2 years and 6 months from the date of the malpractice incident. For other personal injury claims, including product liability, and slip and fall, the statute of limitation is 3 years. Your personal injury lawyer will advise you on the time limit that applies to your case.

Often the Defendant’s Insurance Company Will Decline to Pay a Fair Amount

Insurance companies want to keep as much of their money as possible. This can mean refusing to pay out, even when the claim is a fair one. When the insurance company refuses to pay the claim, the next step is a lawsuit.

Lawsuits must be filed within the statute of limitations. Depending on the case, this statute may vary in the state of New York. If the lawsuit is not filed before the deadline, the claimant forfeits their right to seek financial compensation for the damages they sustained.

It is crucial that you speak to a New York personal injury attorney so that you are informed of the filing date and that your paperwork is turned in in a timely manner.

Steps to Filing a Personal Injury Suit

There are several steps that a person filing a personal injury suit must go through. Personal injury suits typically proceed through the following steps:

Seek Medical Care

Following an injury, it is crucial that you seek medical care. Having your medical history detailed thoroughly is an important part of showing the damages you sustained due to the injury. Doing this promptly will eliminate the possibility of the defendant’s insurance company claiming that you could have mitigated your damages if you had gotten proper medical attention within a reasonable time.

If your condition declines because you did not seek medical help in a timely manner, you may jeopardize the financial compensation you should be entitled to.

Seek Counsel Immediately

Speak to a personal injury attorney in Long Island with Gold & Gold. They can make sure you meet any required deadlines, that your rights are protected, and that you are taking adequate measures to protect your case.

Our skilled attorneys have the skills and ability to negotiate with the insurance company, and if that is not successful, we are well-equipped to litigate on behalf of our clients. The order of operations when seeking reimbursement for a personal injury typically follows the process below:

File your insurance claim with the other party’s insurance company immediately following the injury. Your claim will be investigated, and they will determine how much they think your claim is worth. Their initial offer will typically undervalue your damages.
Allow your personal injury attorney to field offers. By allowing your lawyer to handle communications, you avoid the possibility of saying something that could negatively impact your claim.
Your attorney will investigate the case to determine liability and damages. Gathering expert testimony and evidence is a big part of what they do to prove your case.
Upon investigating your case, your New York personal injury lawyer will assess the damages you have sustained to determine a monetary value. Economic, non-economic, and possibly punitive damages could be due.
A demand letter will be written, and the negotiation process ensues from there.
The insurance company can either accept the offer, deny accountability, or they may come up with a counteroffer. This can sometimes take weeks.
If the insurance company is unwilling to reimburse you fairly, your next step is filing a personal injury lawsuit.

Once the personal injury suit has been filed, events usually happen in this order:

A complaint is filed by the plaintiff regarding the allegations against the defendant. The defendant and the New York court will be given a copy of the complaint.
Since the defendant has a specific timeline that they must follow when responding to the complaint, their insurance company will normally have a defense lawyer respond on their behalf.
Lawyers share the evidence they have during the discovery phase.
If a settlement is not reached during the discovery phase, pretrial motions are made. Either side can file pre-trial motions about how they would like to see the evidence dealt with.
Once the evidence is presented to the jury, they will deliberate and make their decision.
If the decision is unsatisfactory to either party, the verdict can be appealed. There must be an adequate reason to turn over a jury’s decision, though.
If the insurance company is required to pay the plaintiff for their damages, the check will go to their personal injury attorney. Once the check clears, the attorney will disburse the funds and pay the liens or other claims that are outstanding against their client.

Contact a Long Island Personal Injury Attorney

Gold & Gold is committed to getting justice for our clients. Our experienced personal injury attorneys will evaluate your case and tailor a solution to suit your best interests in the case. Whether our strategy is settlement or trial, you can trust that we have the experience to handle your matter. Call us today at (516) 888-4653 to schedule your free case evaluation.