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Potential Compensation in a Personal Injury Claim

If you are injured in an accident, you may be able to file a claim for damages against a liable party. However, it can be challenging to know what damages you may be entitled to without the help of an attorney. An attorney can help assess the value of your case and determine the best course of action moving forward. 

At Denlea & Carton, LLP, our legal team is well-versed in handling personal injury claims throughout New York. Our lawyers work to get injury victims the largest possible recovery. We maximize damages to ensure our clients receive the compensation they deserve. Were you injured in an accident? Contact our office to schedule a free, no-obligation consultation. 

Understanding Personal Injury Damages

In personal injury cases, damages may vary depending on the individual circumstances of the case. The potential settlement or recovery may be based on several factors, such as the extent of the injuries, the provable losses, and whether liability is disputed. 

Common personal injury cases:

Working with a personal injury attorney can help ensure you receive the most favorable disposition possible in your case. Personal injury cases are subject to a statute of limitations. Failure to take legal action within the statute of limitations may result in your claim for damages being denied. Therefore, it is important to consult with an attorney as early in the process as possible to ensure compliance with all legal deadlines.

Medical Expenses

In most personal injury lawsuits, you will be eligible to receive compensation for medical expenses. The medical expenses must be related to your injuries. If you have a pre-existing injury, you must show that the accident exacerbated your previous condition. It is particularly important to discuss your case with an attorney if you have pre-existing conditions or extensive injuries. The more serious the injuries, the more complex the case may be and the more challenging it may be to secure the compensation you need.

Lost Wages

Another economic loss that you are generally entitled to is your provable lost wages. It is essential to keep detailed records about any time that you had to take off from work because of your injuries. Furthermore, you may be entitled to a loss of future earning capacity if you are unable to return to your position. 

Pain and Suffering

Damages related to your physical pain and emotional suffering may be more difficult to prove than traditional losses. An experienced attorney can help you navigate the process to ensure you receive compensation for all of your accident-related losses. Often, early settlement offers from the insurance company will not include any coverage for pain and suffering.

Property Damage

If any of your property, such as your vehicle or home, was damaged in the accident, you are likely able to recover the cost of repair or replacement. It is imperative to keep detailed records of any out-of-pocket expenses related to property that was damaged by another person.

Disability and Impairment Benefits

In some cases, you may be able to recover disability and impairment benefits. These damages may prove extensive. Prior to accepting a settlement with the insurance company, you need to speak with an attorney. You will want to ensure you are receiving the maximum compensation allowed if you suffered a disability as a result of the accident.

Vocational Rehabilitation Expenses

Many times, such as in claims related to a workplace injury, you may be able to recover vocational rehabilitation expenses. These damages compensate you for any training or costs that you have related to finding employment.

Wrongful Death Damages

If you lost a loved one as a result of another person’s negligence, you may be able to file a wrongful death claim. Wrongful death damages may include compensation for a person’s funeral costs, loss of financial support, medical expenses, and more.

Legal Fees and Costs

Finally, a court may award you legal fees and costs. If you have a successful claim, a liable party may pay these fees under certain circumstances. These fees can range from a few hundred dollars to several thousand. 

How Can An Attorney Help You?

If you are injured in an accident, an attorney can help ensure you receive the compensation you deserve. An attorney will work to protect your rights. Consulting with a lawyer as early in the process as possible can help make sure you do not miss legal deadlines and that your paperwork is properly filled out and filed. 

Denlea & Carton Personal Injury Law

At Denlea & Carton, we know the law. We will work tirelessly to ensure you do not end up settling for less than your case is worth. Our legal team has extensive experience handling nearly every type of personal injury lawsuit. We will work in partnership with you throughout the process. 

We accept cases on a contingency fee basis, meaning there are no fees unless we win. Our lawyers understand that this may be a challenging time for you and your family. We are here to help. We will not give up on you or your case. Injury victims are often pressured into accepting settlement offers that are well below their case value. Do not settle for less. Contact us today to schedule a free, no-obligation consultation.

Legal Deadlines for Filing a Personal Injury Claim in NY

If you are injured by another person’s wrongdoing or negligence, you may have a valid personal injury claim. Unfortunately, you only have a limited amount of time to file a lawsuit against the party or parties that caused you harm. The legal deadline or statute of limitation for personal injury claims are codified into law and have limited exceptions.

In order to ensure you do not miss the legal deadline for filing a claim, you should consult with an attorney as early in the process as possible. At Denlea & Carton, LLP, our legal team will help you understand your rights and will work to ensure you receive the largest possible recovery based on the circumstances of your case. Contact our office today to schedule your free, no-obligation consultation. 

Personal Injury Claims in New York

Personal injury cases cover a wide range of claims. They generally involve an injured party pursuing compensation from the party that caused them harm. One of the most common types of personal injury claims in New York is a car accident case. 

Common personal injury claims in New York include:

When you are injured by another person’s wrongdoing, it is imperative to speak with a qualified attorney. An attorney can help provide guidance about your case, including the applicable statute of limitations. If you do not file within the statute of limitations, your case may be denied or dismissed.

Standard Time Frame for Personal Injury Claims

According to New York’s Civil Practice Law and Rules § 214, actions to recover damages based on personal injury must be commenced within three years. In general, this means that you must file a lawsuit within three years of the date of your injury. While there are some exceptions, failure to file within the three-year statute of limitations can result in your claim for damages being denied.

Personal injury cases with a three-year statute of limitations include but are not limited to:

However, this statute of limitations does not apply to medical malpractice claims, which have a shorter legal deadline. Additionally, the statute of limitations may be shorter depending on the party that you are filing the claim against.  

Statute of Limitations for Medical Malpractice Claims in New York

Pursuant to Civil Practice Law and Rules § 214 (a), a lawsuit based on medical, dental, or podiatric malpractice must be brought within two years and six months. The date on which the statute of limitations begins to toll is when the act, omission, or failure that caused the injury occurred. In cases of continuous treatment for the same illness, it is two years and six months from the last treatment.

Other applicable rules for medical malpractice cases:

Statutes of limitations in medical malpractice cases are complex. It is essential to discuss your rights with an attorney. If you do not file your case within the legal deadline, you may not be eligible for damages. 

Different Statutes That May Apply

While the majority of personal injury cases, such as product liability cases, slip and fall claims, and car accidents, fall under Section 214 of the Civil Practice Law and Rules. There are some exceptions. 

Filing a Lawsuit Against a Municipality

One of the most notable exceptions is when you are filing a claim against a municipality or another government entity. In these cases, you have only 90 days from the date of the incident to file a claim based on personal injury. As outlined in General Municipal Code § 50-e, a notice of claim must be brought within 90 days, or the case may be dismissed. 

Other Exceptions to the Standard Statute of Limitations

New York names certain exceptions to the standard three-year statute of limitations, including in cases brought for personal injury caused by exposure to phenoxy herbicides

In these cases, individuals who were exposed to the dangerous toxin while serving in the armed forces in Indo-China from January 1962 until May 17, 1975, have two years from the date of discovery of an injury or within two years from which the injury could have reasonably been discovered. 

Additionally, state law allows certain exceptions related to injuries sustained from other types of exposure. In those cases, the date of discovery serves as the date of accrual or when the three-year statute of limitations begins to toll. 

Importance of a Timely Claim

It is essential, no matter what type of personal injury claim you seek to file, to consult with an attorney as soon as possible. The earlier you consult with an attorney, the more they can do to help ensure you receive the largest recovery possible in your case. If you wait until the legal deadline to file passes, there is little that can be done to secure compensation on your behalf. 

From the initial consultation, the attorney you work with should be able to tell you about any applicable statutes of limitations that may apply to your case. They will work with you to ensure you meet all legal deadlines and that your claim is filed timely in the proper courthouse.

Choosing the Right Attorney

Finding the right attorney to represent you in your personal injury case can be challenging. There are countless attorneys, all claiming to have experience in personal injury claims. Unfortunately, few lawyers are seasoned litigators who have secured multiple multi-million dollar verdicts and settlements on behalf of their clients. 

At Denlea & Carton, we know the law and we know how to secure maximum compensation on behalf of injury victims. Our legal team is well-respected throughout Westchester County for our dedicated advocacy. We have over 35 years of combined legal experience representing clients who have been injured by another person’s negligence. Let us fight for you.

Denlea & Carton LLP

Were you injured in an accident caused by another person’s wrongdoing? We may be able to help. Contact our office today to schedule a free consultation. All personal injury case evaluations are provided without obligation to retain our services. We are well-versed in handling even the most complex cases, having secured over $100 million in verdicts and settlements for our clients.

We will not give up on you or your case. When you are injured by someone else’s negligence, you deserve an attorney who is willing to go to trial to ensure you get the compensation you deserve. You should never have to settle for less. Contact our office today to speak directly with an experienced member of our legal team, and let us help you on the road to recovery.

MEET OUR ATTORNEYS

James R. Denlea

Jeffrey I. Carton

Robert J. Berg

Lindsey Leibowitz

Amber Wallace

John Leifert

Craig Cepler

Steven Schoenfeld

Stan Sharovskiy

Phil Smith

Martin McCann

Catherine Friesen

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