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Queens Personal Injury Lawyer

How a Queens, NY Personal Injury Lawyer Can Help You

One accident can change your life. If you suffered injuries due to another person’s negligence, you may be entitled to compensation. As hospital bills begin to pile up, it is easy to become overwhelmed. If someone puts you in this situation, you are not alone. While your health should remain the priority, you owe your financial situation time and care, too. If you were injured in a construction accident, hiring a construction accident lawyer can make a difference in your future financial stability. At William Schwitzer & Associates, we can assist you whether your injuries occurred due to a construction site accident, a motor vehicle accident, or medical malpractice. If you’re on the fence about whether you have a personal injury claim, our guide can help.

Discovering the Ins and Outs of Personal Injury Claims

Even with mounting medical bills, you may be asking if you have a claim or how much your claim is worth. No one wants to go through the process of filing a lawsuit only to find out that they did not have a strong enough case. When working with a personal injury lawyer, however, this should never be an issue. A reputable lawyer does not take on a personal injury lawsuit that cannot stand up to the defense.

Understanding Personal Injury

According to the New York City Comptroller, personal injury lawsuits are the most common type of claim filed. Personal injury claims may include motor vehicle accidents, construction accidents, civil rights violations, medical malpractice, defective sidewalks, and more. In 2020, the most commonly filed personal injury claims were police action, correction facility, sidewalk, motor vehicle, and civil rights claims.

Motor vehicle claims are the most expensive at about 14.2 million dollars. In 2020, there were 6,198 personal injury claim settlements, and 88 of those had settlements of beyond one million dollars. To make a personal injury claim, the victim needs to prove that an accident or social wrong occurred and caused damage to him or her financially, physically, or emotionally.

Proving Personal Injury

To be found negligent, the defendant has to have had some responsibility for the plaintiff’s safety. For example, in the case of motor vehicle accidents, every driver has an obligation to protect other drivers by following the rules of the road. If a driver violates the law and causes an accident, he or she is liable for damages. For car accidents, plaintiffs should seek the help of a trustworthy car accident lawyer in New York City to help prove liability.

Understanding Fair Compensation for Injuries

When filing a personal injury claim, whether for a construction accident or motor vehicle accident, the case’s worth depends on the facts of the case and the injuries that the plaintiff suffered. Various damages may factor into the total compensation.

Disability

Disability plays a role in what a client can ask for in compensation for construction accident injuries. During medical treatment, a doctor may determine that a patient has reached maximum medical improvement. Generally, this means that no additional treatment can change or improve the condition-the injury is a permanent impairment. Various conditions may be considered permanent injuries. Those conditions include:

When determining disabilities, patients may be considered permanently impaired or partially disabled.

Loss of Enjoyment of Life

The loss of enjoyment of life refers to physical or mental injuries that affect individuals’ ability to perform activities that provided enjoyment in the past. Activities include recreational activities, hobbies, social activities, and volunteer opportunities. For example, say that a person loves working in the garden every day. If a construction accident limits limb use or if a knee injury limits the person’s ability to kneel, this is a loss of enjoyment.

Pain and Suffering

Pain and suffering may refer to emotional or physical injuries. If an accident victim undergoes any mental or physical pain following the accident, he or she may be eligible for pain and suffering damages from the settlement. In the case where a person dies, and the family sues for wrongful death, pain and suffering can still be added to the lawsuit because it affects the victim’s family. Some examples of chronic pain that may be included under pain and suffering include:

  • Neck pain
  • Back pain
  • Nerve damage
  • Broken bones
  • Organ damage
  • Headaches
  • Paralysis
  • Pulled muscles

When it comes to emotional pain and suffering, this may refer to chronic mental anguish. Examples may include:

  • Fear
  • Insomnia
  • Psychological trauma
  • Worry
  • Anger
  • Cognitive changes
  • Frustration
  • Post-Traumatic Stress Disorder (PTSD)

If an accident results in a person’s death, then the family may ask for “loss of consortium.” When a loved one loses his or her family member, it can cause grief and mental anguish due to the preventable event. Examples of loss of consortium include:

  • Loss of care
  • Loss of parental guidance
  • Loss of companionship
  • Loss of love and affection
  • Loss of household services

To calculate pain and suffering, a Queens personal injury lawyer uses a personalized formula. With the multiplier method, the lawyer takes the actual damages and multiplies them by a number based on the severity of the injury to determine pain and suffering damages.

Medical Bills

Most severe injuries require a trip to the emergency room following the accident. In addition to an emergency room trip, patients may have to deal with future medical appointments, tests, and long-term care. When it comes to medical bills, plaintiffs need to provide proof of injuries and subsequent bills. To prove a claim, individuals should obtain their complete medical history, including all medical expenses.

Lost Income

When an accident causes someone to lose income due to the injury, the individual can demand it along with other compensation. To determine lost wages, working a construction accident lawyer has various benefits. Bring tax returns and pay stubs to the attorney. In addition, a letter from an accountant is valid in proving loss of wages.

Individuals should document the time they need to take off work and how long recovery takes. To ask for lost income, the injury has to affect the income directly. In addition to lost income, clients should consider future lost income too. In some instances, a doctor may suggest a patient does not return to work during recovery.

Making the Appropriate Personal Injury Claim

Personal injury is an umbrella category. It can refer to any lawsuit that involves demanding a settlement due to someone’s negligent actions. Before you file a claim, discuss the type of claim you need to file with your Queens personal injury lawyer.

Car Accident Claim

In 2019 in the United States, about 38,800 people died in motor vehicle accidents. Throughout the world, car accidents make up a large percentage of serious injuries and fatalities. Studies show there are various factors behind car accidents. Of the leading causes, distractions, fatigue, and speeding are among the top.

Distractions include anything that pulls the driver’s eyes from the road, his or her thoughts from the task at hand, or hands away from the wheel. Texting, for example, constitutes a visual, cognitive, and manual distraction. The individual has to look away from the road, focus on the text, and use a hand to respond to messages.

Unfortunately, about one-third of all adults receive fewer hours of sleep than necessary. When a person does not have adequate sleep, multitasking becomes difficult. A fatigued person may be unable to react promptly to hazards on the road. Driving while drowsy is equivalent to driving while under the influence of alcohol.

About two-thirds of drivers on the road exceed the speed limit. Some drivers speed because of habit, some out of thrill, whereas others may exceed the speed limit because they’re behind schedule. When speeding, drivers cannot react to hazards as quickly. Likewise, the vehicle may become more difficult to control when at high speeds. The power behind the collision is a lot stronger than a collision with cars traveling at the speed limit.

Wrongful Death Claim

One of the most devastating consequences of one person’s negligence is the death of the other person. The surviving family members may be able to file a lawsuit on behalf of the decedent. In a wrongful death claim, the victims’ families receive compensation for their loss when they’ve lost their loved ones. In a wrongful death claim, clients may sue for loss of support and medical and funeral expenses.

Construction Accident Claim

For those who suffer injuries at construction sites, a New York construction accident lawyer that injured construction workers trust can make a significant difference in the case. Construction is one of the most dangerous industries, with around 150,000 workplace injuries every year. Construction workers may suffer injuries due to the following:

  • Falls
  • Scaffolding collapse
  • Repetitive motion injuries
  • Trench collapse
  • Electric shocks

A construction accident often happens because of an oversight, a mistake, or when a lack of safety equipment or training fails to protect the construction worker. Examples of negligence may include violations of Occupational Safety and Health Administration (OSHA) regulations or of New York labor law. These rules cover situations like tripping hazards, uncovered holes, unsafe ladders, and unsafe conditions for equipment operation. Successful construction accident cases depend on understanding all of these factors.

Hiring a Personal Injury Lawyer

Before you reach out, it’s normal to wonder if you’re making the right decision. Hiring a personal injury lawyer can be overwhelming if it’s your first time. While understanding the importance of filing a lawsuit or workers’ compensation claim is the first step to understanding why you need help, learning how to trust a personal injury lawyer is the second step.

Research Your Options

When you research our firm, you’ll find we have some of New York’s top verdicts. We have recovered hundreds of millions of dollars for injured workers we have served, and we will work just as hard for you. Doing a little research can save you a headache down the road. For example, if you are looking for a construction accident lawyer in Queens, you need reassurance that the lawyer has experience in fighting cases similar to yours. Our years of experience and credentials provide us with the tools to strategize and fight for most claims. Our practice areas allow us to confidently help in cases regarding car accidents, medical malpractice, construction accidents, personal injury, wrongful death, aviation accident, ferry/boat accident and product liability.

Set Up a Consultation

Before you make a decision on your construction accident case, you can set up a free consultation. Since we work for a contingency fee, we do not receive payment until you do. If we aren’t confident in your case, we won’t take it. At the appointment, we’ll discuss the facts of your case to determine your eligibility to file a personal injury claim. Not only is this consultation a way for us to set up a game plan for the case, but it gives us an opportunity to get to know one another.

Listen To Your Instincts

Allow us to earn your trust. Throughout the course of the claim, we will work closely with you to ensure you feel comfortable talking at length about the details of your case. We have worked with countless accident victims and we know how trying it can be to talk about the event, your injuries and how those injuries impacted your life. When you set up a consultation, you will find out how interested we are in the case and that we have your best interests in mind.

Getting on Track with NYC Construction Accident Attorneys

Do not hesitate to contact us. Our firm can connect you to a construction accident lawyer that Queens personal injury victims trust. When another individual or corporation acts negligently and causes injuries, you may be eligible to file a claim. At William Schwitzer & Associates, our NYC construction accident lawyers have years of experience to offer. If you’re looking for attorney services, take advantage of our free consultation to discuss the ins and outs of your injury claim.

Sources:

https://comptroller.nyc.gov/reports/annual-claims-report/ 

https://safer-america.com/car-accident-statistics/https://www.asirt.org/safe-travel/road-safety-facts/ 

https://www.natlawreview.com/article/most-common-causes-collision 

https://wsatlaw.com/practice-areas/construction-accident-lawyer/ 

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