When you or a loved one is injured, figuring out your next steps can feel overwhelming. There are a number of common types of personal injury cases and it’s important to find an attorney who understands the unique characteristics of each. Individuals who have experienced motorcycle accidents or who have been involved in an auto accident or truck accident may be facing a new normal as the result of their claim and should be compensated to the extent that the law allows.
Immediately. We advise new clients with personal injury claims to contact us as early as possible. Under current New York State law, there is a three-year statute of limitations for filing personal injury claims. In other words, you have three years from the date of your injury to file a claim. The earlier you contact us, the more effectively we’ll be able to help you put together a winning case. However, we recognize the emotional burdens experienced by personal injury victims. Even if you have waited to contact a Buffalo personal injury attorney, as long as you are within the three-year statute of limitations, we encourage you to contact us for a free consultation.
The attorney client relationship is especially important when an injury is involved. You may find it difficult to trust anyone after such a traumatic experience and you want to feel confident that the attorney you’ve chosen will fight to get you the justice you deserve. At David Carr & Associates, we provide competent, compassionate guidance, every step of the way.
In order to determine whether you have a viable personal injury claim, you must first understand the personal injury definition. If you or a loved one has experienced an injury to a body, mind, or emotions, due to the negligence or intentional act of another individual, then you may have grounds for a personal injury claim.
When you file a personal injury claim, the defendant may propose a settlement. This is often a popular approach as it helps both sides avoid the time and expense of going to trial. If you accept the settlement, the defendant is released from any further liability. If you are offered a settlement as compensation for your personal injury claim, we will work with you to determine:
The decision to accept a settlement is yours alone, but you can leverage our extensive personal injury law experience to help you make a well-informed decision.
There are two types of damages associated with tort law- economic and non-economic. Economic damages are fairly easy to quantify—these are based on numbers such as lost wages, medical bills, and out-of-pocket expenses.
Non-economic damages are more difficult to determine and include compensation for pain and suffering and loss of consortium. Fortunately, unlike a number of other states, New York has not enacted a cap on non-economic damages, so we will fight to get you the maximum number you deserve.
DO contact us as soon as possible—even before you speak with the responsible party’s insurance company. Regardless of how kindly the insurance adjuster may treat you in the moment, the insurance company is a representative of the defendant, not you.
DON’T ignore necessary medical treatment. In addition to taking care of yourself, it is imperative that you demonstrate the serious nature of your injuries by seeking appropriate treatment, whether at a hospital emergency room, your primary doctor, or an urgent care center. If you fail to seek appropriate treatment, the defendant’s legal team may be able to argue that the injured you sustained are not as serious as you claim.
DO keep any and all documentation related to your injury. If you have received any receipts, copies of medical records, accident or police reports, proof of lost income, or any other relevant documentation, keep it together in a file or binder.
DON’T start sharing information on social media. While your friends and family may understand the true pain you are experiencing, others may misconstrue what they see in your posts. If you are active on social media, then the defendant’s insurer may be mining your profiles for information to refute your personal injury claim.
From auto law to premises liability, David Carr & Associates understands the state-specific law that govern different types of personal injury cases. We are committed to providing excellent service at a fair rate. Our team of experienced attorneys in New York City, Westchester and Buffalo is standing by to answer your questions and will fight to get you the compensation you deserve.