Middletown Personal Injury Attorney

If you’re involved in an accident in Middletown, it’s important to take specific steps to ensure your safety, the safety of others, and to protect your legal rights. Here’s what you should do after an accident:

• Check for Injuries: First and foremost, check yourself and others involved for injuries. If anyone is seriously injured, call 911 for medical assistance immediately.
• Move to Safety: If it’s safe to do so, move yourself and your vehicle to the side of the road or to a safer location to prevent further accidents.
• Call the Authorities/Report the Accident: Contact the local police or appropriate authorities to report the accident. Even if it’s a minor accident, having an official report can be helpful for insurance claims and legal purposes. If your injury is work-related, you must report the accident to your employer.
• Exchange Information: Exchange contact, insurance, and vehicle information with the other parties involved in the accident. This includes names, phone numbers, addresses, insurance policy numbers, and license plate numbers.
• Gather Evidence: If it’s safe and possible, take photos of the accident scene, vehicle damage, injuries, road conditions, and any other relevant details. This evidence can be valuable for insurance claims and legal proceedings.
• Obtain Witness Information: If there are witnesses to the accident, collect their contact information in case their statements are needed later.
• Report to Insurance: Notify your insurance company about the accident as soon as possible. Provide them with accurate information and details about the incident.
• Seek Medical Attention: Even if you don’t feel seriously injured, it’s a good idea to seek medical attention. Some injuries may not show immediate symptoms. Medical documentation can also be important for insurance claims and legal cases.
• Document Your Injuries: If you’re injured, take photos of your injuries as they heal. This can help establish the extent of your injuries for insurance or legal purposes.
• Notify Your Attorney: If the accident was more than a minor fender bender and involves injuries or significant damage, consider consulting a personal injury attorney. They can provide guidance on your legal rights and potential compensation.
• Preserve Evidence: Keep any documents related to the accident, such as medical records, repair estimates, and correspondence with insurance companies or other parties.
• Be Cautious with Statements: Be careful about what you say to the other parties involved and their insurance representatives. Avoid admitting fault, as fault determination is often a complex process.
• Follow Medical Recommendations: If you’re given medical instructions, follow them closely to ensure proper healing and recovery.

Keep in mind that every accident situation is unique, so use your best judgment based on the specific circumstances. If you’re unsure about any step, it’s a good idea to consult with legal professionals who specialize in personal injury cases to ensure your rights are protected.

Personal injury law rests on a concept known as negligence. Each individual is owed a duty of care by other parties. We may not walk around thinking with the term “duty of care” uppermost in our minds, but we know implicitly what it is.

Let’s take a common example. Vehicle drivers must drive safely and not cause accidents. They should follow the law and exhibit prudent behavior. That, in a nutshell, is the duty of care for all drivers on the road.

Negligence occurs when someone violates the duty of care. Negligent parties become liable for the injuries they have caused. Liability means financial responsibility.

In other words, if you suffer injuries or harm because of the negligence of another, they may owe you financial compensation for those injuries. Legally, this financial compensation is known as damages.

The Duty of Care

Although we have used a vehicle accident as an example, the concepts of negligence, liability, and damages are common to all personal injury laws. Companies, for example, are expected to manufacture and sell safe products. If their products are unsafe, they have violated the duty of care.

Owners of premises open to the public, such as store owners, must keep their premises safe. If they do not, they may have violated the duty of care. Landlords must keep their properties stay safe for their renters. Doctors and other medical personnel owe a reasonable standard of care to their patients. Nursing homes owe a reasonable standard of care in all areas to their residents.

Violations of duty of care in any of these areas is negligence, and with negligence comes liability.

Personal injury lawyers also handle instances where people do not receive fair treatment. Workers’ compensation, for example, can pay a portion of income to injured individuals. But it is all too common for workers’ compensation to deny claims or for recipients to receive fewer benefits than they deserve. Personal injury lawyers can appeal denials and negotiate to optimize benefits.

Social Security disability insurance all too frequently denies or reduces the benefits people deserve. Often, denials can undergo appeal by simply filling out and filing all the complex paperwork correctly.

How to Prove a Personal Injury Case

When you meet with a Middletown personal injury attorney, bring evidence of both what caused your injuries and the injuries themselves, if you have it. Evidence can include, but is not limited to:

• Crash reports (for vehicle accidents)
• Pictures or videos of the accident or injury-causing event (or accident site)
• Pictures or videos of your injuries
• Medical records (appointments, bills, diagnoses)
• Names and contact information for eyewitnesses
• Your notes on the injuries and what caused them

The free case evaluation is no obligation. After that, both you and the attorney can decide if you want to work together. Choose a lawyer with whom you feel comfortable.

Insurance company tactics and the difficulties of suing at-fault parties can end up costing you the money you otherwise would have deserved. Do not minimize your claim by not engaging lawyers. We can help you pursue the justice you deserve.

Generally, damage compensation is paid in specific categories:

Medical Expenses

These damages include medical bills, both current and future; medical treatment related to the injuries and harm, including doctor’s visits, hospitalization, surgery, diagnostic tests, prescription medication, assistive devices, physical therapy, and more.

Lost Wages

Wages lost from work, both current and future for time lost from work due to injuries. Lost income also includes the lifetime value of earnings if the victim cannot work at a former occupation.

Property Damage

These damages include personal property that is damaged or lost due to the at-fault party’s negligence.

Pain and Suffering

These losses include physical, mental, and emotional pain and suffering.

Punitive Damages

In some cases involving egregious negligence, wanton recklessness, or intentional misconduct, the court may award punitive damages on top of any of the compensatory damages listed above. Punitive damages are meant to punish the wrongdoer and send a message to others not to engage in that sort of behavior.

While it’s impossible to determine exactly how much your Middletown personal injury claim is worth, the attorneys at Finkelstein & Partners will fight hard to help you get the most allowed under the law.

In Middletown and throughout New York, the statute of limitations for filing a personal injury lawsuit can vary depending on the specific circumstances of the case. For most personal injury claims based on negligence, such as car accidents and slip and fall accidents, the general statute of limitations in New York is three years from the date of the injury. This means you typically have three years from the date of the accident or injury to file a lawsuit. If you miss this deadline, you may lose your right to seek compensation through the legal system.

However, there can be exceptions and variations to this timeline based on factors such as the type of injury, the defendant (individual, corporation, government entity, etc.), and other specific details of the case. Additionally, laws can change, so it’s important to verify the current statute of limitations with an attorney or legal source.

Given that legal information can change and vary, it’s strongly recommended that you consult with a personal injury attorney in Middletown who can provide you with up-to-date and accurate information based on your specific situation. They can guide you through the legal process and ensure that you meet all the necessary deadlines for filing a lawsuit if you decide to pursue a personal injury claim.

People sometimes hesitate to contact lawyers because, after all, lawyers have a reputation for being high-priced. That can pose a particularly high hurdle if your injuries have resulted in high bills, or you cannot work due to them.

Well, you can put your mind at rest. Hiring a personal injury lawyer is more affordable for several reasons.

First, we charge attorneys’ fees only if we win your case. If you are envisioning paying large amounts every month, don’t. Personal injury lawyers get a contingency fee from any successful settlement of your case, whether it is an insurance payout or a jury award. We may charge other fees, such as photocopying records or other amounts, but not the high attorney rates that often deter victims from obtaining our representation.

Second, we always offer a free initial consultation to discuss your case. The reason is simple. Because of the contingency fee structure, lawyers need to know whether they believe a personal injury case has merit and seems reasonably winnable. To know that, they need information on what happened, who you believe caused the injury, what the repercussions of your injuries have been, and so on. All of that can be discussed in the free initial case evaluation.

How long it will take your personal injury case in Middletown to settle depends on several factors. It’s important to note that each case is unique, and the timeline can be influenced by various circumstances. Some of the key factors that can impact the duration of your personal injury case settlement include:

• Severity of Injuries: Cases involving more severe injuries may take longer to settle, as the full extent of medical treatment, recovery, and long-term effects need to be assessed.
• Liability and Fault: If there is a dispute over who is at fault for the accident, the case may take longer to resolve.
• Investigation and Evidence Gathering: The time required to gather evidence, interview witnesses, and build a strong case can affect the timeline.
• Insurance Company Response: Insurance companies may take varying amounts of time to respond to settlement negotiations or offers.
• Negotiations: The complexity of negotiations and the willingness of both parties to reach a fair settlement can influence how long it takes to come to an agreement.
• Medical Treatment: If you’re still undergoing medical treatment, it may be necessary to wait until you’ve reached a point of maximum medical improvement before negotiating a settlement.
• Legal Processes: If your case requires court proceedings, the legal process, including discovery and potential trial, can extend the timeline.
• Multiple Parties or Defendants: Cases involving multiple parties or defendants can be more complex and take longer to resolve.
• Desired Settlement Amount: If your desired settlement amount is significantly different from the other party’s offer, it might take more time to find a middle ground.
• Legal Counsel: Having experienced legal representation can often expedite the process, as attorneys can navigate negotiations more effectively.

Some personal injury cases may settle within a few months, while others could take a year or more. It’s important to have realistic expectations and to prioritize reaching a fair settlement rather than rushing the process. Your attorney can provide you with a better understanding of how long your specific case might take based on its unique circumstances.

Keep in mind that during the settlement negotiation process, there’s always a chance that an agreement may not be reached, and the case could potentially proceed to trial. This could significantly extend the timeline. Consulting with an experienced personal injury attorney in Middletown can help you better understand the potential timeline and the steps involved in settling your specific case.

In all likelihood, yes, you may still be able to obtain compensation for your injuries in a Middletown personal injury case even if you are partially at fault for the accident. New York follows a pure comparative negligence system. This means that even if you are determined to be 99% at fault, you can still seek compensation for that remaining 1%. The amount of compensation you can receive will be reduced by the percentage of fault attributed to you for the accident. For example, if you are found to be 20% at fault for the accident and the total damages amount to $100,000, your compensation would be reduced by 20%, resulting in a final award of $80,000.

It’s important to remember that personal injury cases involving comparative negligence can be legally complex. To navigate this process effectively and maximize your chances of obtaining compensation, it’s advisable to work with an experienced personal injury attorney who understands the laws in Middletown and can advocate on your behalf.

For most personal injury claims, you will first have an attorney file a claim with the at-fault party’s insurance company. However, you may also need to have a lawyer file a personal injury lawsuit for you in court. The purpose of a personal injury claim or lawsuit is to obtain financial compensation for injured and harmed people. Financial compensation is often called damage compensation.

Let’s say your child is injured when a toy explodes. In that case, the product manufacturer is arguably negligent for manufacturing an unsafe product. You could have an attorney approach the product manufacturer’s insurance company with an insurance claim for your damages.

You could also file a personal injury lawsuit in civil court for the damages. Personal injury lawsuits can be filed against the at-fault party directly or against insurance companies who either will not settle a claim at all or will not settle for a fair amount. Insurance companies do not often want to go to court, so the threat of a lawsuit might also serve as a negotiating tactic for a recalcitrant insurance carrier.

In either case, a personal injury lawyer can prove very helpful, by negotiating with insurance companies and prosecuting a personal injury case.

New York State Law and Vehicle Accidents

personal injury protection (PIP) insurance to pay medical bills and a portion of lost income. Registered drivers in the state must carry PIP for that purpose. The theory is that settling injury claims without reference to who or what bears fault for the accident is more streamlined.

Because of PIP, vehicle accidents can form an exception to personal injury claims.

But the PIP coverage New York requires, $50,000, will not go far if you suffer severe injury. Thus, New York law allows severely injured individuals to step outside of no-fault if they sustain one of the injuries listed below. When you step outside of no-fault, you can either approach the at-fault party’s insurance carrier to pay your damages or bring a lawsuit against the at-fault party.

New York defines severe injury as.

• Broken bone
• Significant disfigurement
• Permanent limitation of use of a body organ or member
• Significant limitation of a body function or system
• Substantially full disability for 90 days

Wrongful Death Claims

In the unfortunate event that a family member’s passing is due to someone else’s negligence, it may be possible to file a wrongful death claim on the deceased person’s behalf. These claims generally must be filed by an executor of that person’s estate. Speak to an experienced Middletown personal injury attorney for help regarding what your legal options are in this situation.

How a Middletown Personal Injury Attorney Can Help You Deal with the Insurance Company

Lawyers can also help you negotiate with insurance companies and at-fault parties to receive a fair settlement. Insurance companies are skilled at using certain facts to lessen or deny your claim unfairly. If you were in an auto accident and did not visit a doctor afterward, for example, they can use that fact to deny or minimize your claim. After all, how badly could you have been hurt if you did not go to a doctor?

Believe it or not, one of the most common strategies is simply to not communicate—to not return calls and give out no information. Insurance companies may hope that victims will forget or give up.

Lawyers are familiar with all these strategies and can counter them effectively.

Other Ways a Personal Injury Lawyer Can Help

The most obvious way in which personal injury lawyers help their clients is the one we’ve all seen on television: preparing and bringing a legal case, and arguing in court on behalf of their clients.

But in fact, personal injury lawyers do much more. Many work with extensive investigation teams to investigate causes of accidents and other injury-causing events.

Why do lawyers work hand in hand with investigators? Because unfortunately, not everyone is truthful. At-fault parties and their insurance companies may try to get out of paying damage compensation to injured parties. One of the most common is to claim that the at-fault party was not at fault.

To that end, they can claim that the accident did not happen at all, that someone else was at fault, or that the injuries were not what they allege. Investigations can counter all of these claims.

Finally, lawyers can help victims compile evidence for their claims. Injured and traumatized people may face difficulty in getting evidence together, even for such things as doctor’s visits and billing. A law office can help.