FAQs on Personal Injury Claims in New York
At Dupée & Monroe, P.C., our dedicated team of personal injury attorneys is committed to helping accident and injury victims in Orange County and throughout the Hudson Valley get justice and compensation after being harmed by the negligence of another. We understand that dealing with a personal injury claim can be overwhelming, and you likely have many questions about the process. Below are answers to some of the most frequently asked questions about personal injury claims in New York, designed to provide you with the information you need to make informed decisions about your case. If you or a loved one has been hurt by the negligence of another in Orange County or the Hudson Valley, contact our office to speak with a skilled and compassionate Goshen personal injury lawyer.
1. What is a personal injury claim?
A personal injury claim is a legal action taken by an individual who has been injured due to the negligence or wrongful conduct of another party. The purpose of the claim is to seek compensation for damages, including medical expenses, lost wages, pain and suffering, and other losses related to the injury. Common types of personal injury cases include car accidents, slip and falls, medical malpractice, and product liability.
2. How long do I have to file a personal injury claim in New York?
In New York, the statute of limitations for most personal injury claims is three years from the date of the accident or injury. This means you have three years to file a lawsuit against the responsible party. However, certain types of claims, such as those involving medical malpractice or claims against government entities, may have different deadlines that are somewhat longer or considerably shorter. It’s important to consult with an experienced personal injury attorney as soon as possible to ensure your rights are protected.
3. What should I do immediately after an accident?
If you’ve been involved in an accident, your health and safety are the top priorities. Seek medical attention immediately, even if you believe your injuries are minor. After ensuring your safety, try to gather evidence from the scene, including photos, witness contact information, and any relevant details about the accident. It’s also essential to report the accident to the appropriate authorities and your insurance company. Keep records of all medical treatments and any communications related to the accident, and contact an attorney to deal with the insurance company or other parties on your behalf.
4. How is fault determined in a personal injury case?
New York follows a “comparative negligence” rule, meaning that the fault can be shared among multiple parties. To determine fault, an investigation will consider evidence such as police reports, witness statements, expert testimony, and accident reconstruction. If you are found to be partially at fault for the accident, your compensation may be reduced by your percentage of fault. For example, if you are found 20% at fault, your compensation may be reduced by 20%.
5. What types of compensation can I recover in a personal injury claim?
The compensation you can recover in a personal injury claim is known as “damages.” In New York, you may be entitled to several types of damages, including:
- Economic Damages: These include tangible losses such as medical expenses, lost wages, and property damage.
- Non-Economic Damages: These cover intangible losses such as pain and suffering, emotional distress, and loss of enjoyment of life.
- Punitive Damages: In cases of extreme negligence or intentional harm, punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future.
6. Will my case go to trial?
Many personal injury cases are settled out of court through negotiations with insurance companies. However, if a fair settlement cannot be reached, your case may need to go to trial. At Dupée & Monroe, P.C., our attorneys are skilled negotiators and experienced litigators. We will prepare your case as if it is going to trial from the outset, ensuring that we are ready to advocate for your rights in court if necessary.
7. How much does it cost to hire a personal injury attorney?
At Dupée & Monroe, P.C., we handle personal injury cases on a contingency fee basis. This means that you do not pay any attorney fees upfront, and we only get paid if we recover compensation for you. Our fee is a percentage of the settlement or verdict, so there are no out-of-pocket costs to you. This arrangement allows you to pursue justice without the financial burden of hourly legal fees.
8. How long will my personal injury case take?
The duration of a personal injury case can vary depending on the complexity of the case, the severity of your injuries, and whether the case goes to trial. Some cases may settle in a matter of months, while others can take years to resolve. Our attorneys will keep you informed throughout the process and work diligently to achieve a timely resolution while ensuring that you receive the full compensation you deserve.
9. What if the insurance company denies my claim?
If your claim is denied by the insurance company, it does not mean the end of your case. Insurance companies often deny claims to protect their profits, but this denial can be challenged. Our attorneys will review the denial, gather additional evidence, and negotiate with the insurance company on your behalf. If necessary, we will file a lawsuit to ensure your rights are upheld.
10. Why should I choose Dupée & Monroe, P.C. to handle my personal injury claim?
Choosing the right personal injury attorney can make a significant difference in the outcome of your case. At Dupée & Monroe, P.C., we have decades of experience representing injury victims in Orange County and the Hudson Valley. We provide personalized attention to each client, taking the time to understand your unique circumstances and goals. Our firm is committed to achieving the best possible outcome for your case, whether through settlement or trial.
If you have additional questions about personal injury claims in New York or need legal assistance, call Dupée & Monroe, P.C. today at 845-294-8900 for a free consultation over the phone or at our office in Goshen. We are here to help you navigate the legal process and secure the compensation you deserve.
