Brooklyn Personal Injury Lawyer
In the aftermath of a serious accident, a personal injury attorney can be your best ally. Douglas and London supports our clients in every way possible – by listening with compassion to your story, referring you to the area’s best medical care providers, putting a stop to medical bill collector harassment, dealing with pushy insurance adjusters on your behalf, and advocating for your legal rights every step of the way.
Start exploring your legal options with a free consultation. We work on a contingency basis, meaning that you owe us NO FEES unless we recover compensation for you through an out-of-court settlement or jury verdict. If we don’t win your case, you owe us nothing. You really have nothing to lose by contacting a Brooklyn personal injury lawyer at Douglas & London today!
New York Personal Injury Laws
NY Statute of Limitations
Working with our Brooklyn personal injury lawyersgives you a better understanding of New York State laws pertaining to your accident. For instance, there is a statute of limitations (deadline) for civil recovery that starts ticking as soon as your injury occurs and goes up to three years. If it has been more than three years since you were injured, the courts can bar your right to sue. While this may seem unfair, it is an important protection for the accused to avoid having to defend against a claim where evidence or memories have been lost over time. There are several exceptions – particularly, if you were a minor at the time, or if you only recently realized the true cause of your symptoms. If you’re filing a claim against the government, you may have as little as 90 days to follow standard claim-filing protocol, so it’s best to speak with a personal injury lawyer who can guide you.
Pure Comparative Negligence
Another law that may impact your case is New York’s notion of shared fault. In some personal injury cases, the defendant can try to place some or all of the blame on you. New York follows a “pure comparative negligence” law, which means if you end up sharing some of the liability, you may receive a reduced amount of the total compensation allowed. For instance, if you are awarded $100,000, but it is determined you were 25 percent at fault, you will only receive $75,000. Even if you are 90 percent to blame, you can collect on the remaining 10 percent. Keep in mind, these rules only apply to a personal injury lawsuit in civil court. If you’re dealing directly with an insurance adjuster, they can outright deny your claim or offer you a grossly underestimated settlement if they think you’re at fault in any way. Having an attorney representing you forces the other side to take your claim seriously.
No-Fault Car Accidents
New York follows the rule of “no-fault” for car accident cases. If you’re injured in an automobile accident, your own insurance company policy will compensate your medical bills and property damage losses, regardless of who caused the crash. However, you may also step outside the no-fault system to file a personal injury lawsuit if you’ve reached the serious injury threshold.
New York defines a “serious injury” as:
- Loss of a fetus
- Permanent loss of use of a body organ/member/function/system
- Permanent consequential limitation of use of a body organ/member
- Significant limitation in the use of a body function or system, or
- A medically-determined injury or impairment which prevents work and daily activities for more than 90 of the first 180 days following the injury or impairment.
If your injuries qualify for a personal injury lawsuit, you can collect compensation for additional categories of loss beyond property damage and medical bills, including wage losses, pain and suffering, and other non-economic damages that aren’t involved in the typical no-fault claim. Family members of a decedent may sue for funeral and burial costs, as well as loss of guidance, financial support, or companionship.
Need A Personal Injury Lawyer in Brooklyn?
At Douglas and London, we bring our knowledge, experience, and dedication to bear in a wide variety of personal injury cases — from car accidents, slip and fall, and medical malpractice, to child trafficking, environmental toxin exposure, and product liability. We are unafraid to fight for the underdog and strive for maximum compensation for your injuries. Call the Brooklyn personal injury lawyers at Douglas and London for a free consultation.