Fighting to Secure Maximum Compensation for Personal Injury Victims
No one starts their day expecting to suffer a serious injury. Unfortunately, this is an all too common reality for countless Americans. While these situations are disheartening enough already, things become even more stressful when injuries occur due to the negligent or reckless acts of others. If you or a loved one have been harmed in such a situation, a personal injury lawyer in Queens may be able to help.
At The Law Offices of Elke E. Mirabella, PC, our legal team has dedicated itself to securing maximum compensation for each of our clients. We have seen what can happen when injury victims are left to deal with legal issues on their own. That’s why we treat every client like family. We’ll take on the full burden of your case — from start to finish — so you can focus on getting your life back on track.
Contact us today to schedule a free case evaluation. Our Queens personal injury attorneys are here to help.
Does Your Case Qualify for Compensation?
When you suffer a personal injury, you may wonder whether you’re entitled to compensation. After all, it’s not uncommon for people to be harmed and no one to be at fault. However, there are three elements that must be proven to establish that a third party is responsible for your losses. These are the elements of liability, and they include:
- Duty of care: This is a responsibility to act in a way that does not create undue risks for others. For instance, property owners have a duty of care to maintain safe premises, and motorists are expected to drive safely.
- Violation of duty: To secure financial compensation, you must be able to show that the defendant violated a duty of care. This could range from a motorist speeding on the highway to a store owner failing to clean up a slippery surface.
- Causation of harm: Violations of duty only lead to legal liability when they result in some form of harm. This could be financial harm, emotional distress, pain and suffering, loss of companionship, and many other forms of harm.
Keep in mind that you may not need to establish these elements in court. If there’s enough evidence to convince an insurance company that they’d likely be unsuccessful in litigation, there’s a strong chance they’ll offer a financial settlement. However, this does not mean that their offer will be fair. This is why you should let a personal injury attorney in Queens handle your case. From settlement negotiations to litigation, our law firm has you covered.
What Personal Injury Cases Does Our Queens Law Firm Handle?
When you’re seeking a Queens personal injury law firm, it’s important to find one that handles cases similar to your own. At The Law Offices of Elke E. Mirabella, our legal team can take on just about any personal injury case. If you’ve been harmed due to another party’s reckless or negligent acts, reach out to see if we can help. If your claim falls into any of the following categories, we handle cases like yours daily:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Brain injury
- Slip and fall
- Pedestrian accidents
- Drunk driving accidents
- Bus accidents
This list may seem fairly extensive, but it’s far from being exhaustive. These are merely the cases we handle most frequently. If you have any personal injury claim, schedule a free consultation with our Queens personal injury attorneys today. We’ll let you know if we can help, and if not, we can point you in the right direction. And since we don’t get paid unless you do, you have nothing to lose by reaching out today
What Are Possible Damages in Queens Personal Injury Cases
In the majority of Queens personal injury cases, claims are resolved via settlement negotiations. It’s rare for one of these cases to actually go to trial. However, this will sometimes be required if the insurance company refuses to properly compensate you for your losses. If litigation becomes necessary, you may be entitled to the following damages:
- Economic damages: This court award reimburses injury victims for monetary losses. Damages could include medical expenses, property damage, lost wages, future medical bills, and any other financial loss.
- Non-economic damages: When someone is seriously injured, not all their losses are monetary in nature. Non-economic damages can reimburse victims for things like emotional distress, pain and suffering, loss of enjoyment in life, and other intangible losses.
- Punitive damages: Courts may award additional punitive damages if it’s proven that the at-fault party engaged in gross negligence or egregious acts. This is a high threshold to meet, but a Suffolk County personal injury attorney can help you understand your eligibility.
At The Law Offices of Elke E. Mirabella, we try our best to secure a fair settlement offer from insurance companies. Unfortunately, such offers are not always forthcoming. This can be a problem at some law firms — because not all legal practices have trial lawyers on staff. This is not an issue at our law office. Whether you need a staunch advocate for settlement negotiations or litigation, we’re here to help.
What Issues Could Affect Your Right to Compensation?
Even if it seems like your case is “open and shut,” the reality is that Queens personal injury claims are rarely this simple. For instance, did you know that you have a deadline for filing a lawsuit? The personal injury statute of limitations in New York is just three years. The statute of limitations for wrongful death in New York is only two years. Filing after these deadlines means your claim is likely to be dismissed.
It’s also worth noting that comparative negligence rules could affect the compensation you’re able to recover. New York does allow injury victims to secure compensation when they’re partially liable for their injuries, but their eventual award will be reduced by their own percentage of fault. You’ll find many insurance companies trying to solicit admissions of partial fault for this reason. This is why you should let your attorney handle these conversations.
Finally, individuals harmed in car accidents may have issues getting the compensation they deserve. That’s because New York is a no-fault state. This means most car accident victims are reimbursed for losses by their own insurance company. To go after the negligent party and secure potentially higher financial recovery, it’s typically necessary for victims to suffer severe injuries.
However, our Queens personal injury lawyers can handle arbitration and help you understand whether you’re eligible to seek compensation on an at-fault basis.
Contact a Personal Injury Lawyer in Queens Today
Suffering a serious injury is a distressing event, and things only become more challenging when you have to navigate personal injury laws afterward. Even dealing with insurance adjusters — who will often pretend to be concerned for your health — can be difficult. After all, their job is to pay out as little as possible — and this means offering a low settlement or refusing any compensation at all. Fortunately, a dedicated legal advocate can assist.
At The Law Offices of Elke E. Mirabella, PC, we don’t accept no for an answer when it comes to dealing with insurance companies. We understand that their goal is to save money, but we refuse to let this interfere with our client’s right to financial compensation. If you or a loved one have been harmed due to negligent or wrongful acts, the time to contact a personal injury lawyer in Queens is now.
Contact us at (631) 557-6127 to schedule your free legal consultation.