Wappingers Falls Personal Injury Attorney

If you’re involved in an accident in Wappingers Falls, you must take the appropriate steps to ensure your safety and protect your legal rights. Here’s what you should do after an accident:

• Check for Injuries: First, check yourself and others involved for injuries. If anyone is seriously injured, immediately call 911 and request medical assistance.
• Move to a Safe Location: If it’s safe to do so, move 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 for minor accidents, having an official report can be helpful for insurance claims and legal purposes. If you suffered injuries on someone else’s property, notify the property owner or store manager of the accident. If your injuries resulted from a work-related incident, notify your employer immediately.
• 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. You may also need to get the insurance information from the property owner for a slip and fall accident.
• Gather Evidence: If you’re able, 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. For slip-and-fall accidents, try to take photos of the scene to document the conditions that caused the accident.
• Obtain Witness Information: If there are witnesses to the accident, collect their contact information in case their statements are needed later.
• Report the Accident to Your Insurer: Notify your insurance company about the accident as soon as possible. Provide them with accurate information and details about the incident.
• 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.
• Get Medical Attention for Any Injuries: 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.
• Preserve Evidence: Keep any documents related to the accident, such as medical records, repair estimates, and correspondence with insurance companies or other parties.
• Follow Medical Recommendations: If you’re given medical instructions, follow them closely to ensure proper healing and recovery.
• Consult an Attorney: For any type of accident that caused you injuries, consult a personal injury attorney as soon as possible. They can provide guidance on your legal rights and potential compensation.

Determining whether you have a valid personal injury claim involves considering several key factors. The following are some general guidelines to help you assess whether your situation might warrant pursuing a personal injury claim:

• Negligence or Wrongdoing: To have a valid personal injury claim, there must be evidence that someone else’s negligence, recklessness, or intentional actions directly caused your injuries. Negligence involves a failure to act reasonably or responsibly in a given situation.
• Injuries or Damages: You need to have suffered actual injuries or damages as a result of the incident. This could include physical injuries, emotional distress, medical bills, property damage, or lost wages.
• Causation: There must be a clear link between the defendant’s actions or negligence and your injuries. You need to show that their actions were a direct cause of your harm.
• Duty of Care: You need to establish that the person or entity you’re considering filing a claim against had a legal duty to exercise a reasonable level of care to prevent harm. For example, drivers have a duty of care to operate their vehicles safely.
• Statute of Limitations: There’s a time limit within which you must file a personal injury claim. It’s important to be aware of the statute of limitations in your jurisdiction and act within that time frame.
• Evidence: To strengthen your case, you should have evidence such as medical records, accident reports, photos, witness statements, and any other relevant documentation.
• No Pre-Existing Condition: While pre-existing conditions don’t necessarily invalidate a claim, they can complicate matters. You’ll need to demonstrate that the accident exacerbated or worsened the condition.

Ultimately, the best way to determine the validity of your claim is to consult with a qualified personal injury attorney. They can evaluate the details of your case, provide legal advice, and guide you on the best course of action.

The lawyers of Finkelstein & Partners devote their days, and their careers, to securing as much compensation as possible for our clients’ injuries and losses. Every case we handle differs, and every client has unique needs and priorities that we aim to serve.

In general, however, by authorizing us to take legal action on their behalf in New York courts, our clients in Wappingers Falls can often hope to receive money to pay for:

• Past and future medical costs related to the treatment of their injuries, such as hospitalization, medication, surgeries, and physical therapy.
• Wages they already did not earn because their injury kept them out of work.
• Income they likely will not earn in the future because of their injury, such as if it has caused a permanent disability.
• Other current and future costs that they would not have faced but for their injury and the accident that caused it, such as the expense of modifying a home to accommodate a disability, or of hiring someone to help with everyday tasks their injury prevents them from performing on their own.
• Pain, suffering, reduced enjoyment of life, and strain on their personal relationships owing to their accidents and injuries.

In addition, in some cases, we may also have a reasonable basis for asking a court to award payment of punitive damages to our clients. Courts may order those damages, for example, in cases involving injuries caused by someone else’s extreme, outrageous, or intentionally harmful conduct.

As we said, every Wappingers Falls personal injury case we handle at Finkelstein & Partners involves a unique set of facts and circumstances deserving of our careful, personalized attention. We can never promise a client that he or she will receive compensation for the categories of damages listed above. But, by listening carefully to our clients and doing our best to understand how an injury has impacted their lives, we can often uncover evidence that proves to a court or insurance company why our clients deserve the maximum compensation available under the law.

In Wappingers Falls and the rest of New York, the statute of limitations for filing most types of personal injury lawsuits is three years from the date of the injury. If you fail to file within this time frame, you may lose your right to pursue a legal claim.

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.

It’s strongly recommended that you consult with a personal injury attorney who is knowledgeable about the laws in Wappingers Falls and New York State. They can provide you with up-to-date and accurate information based on your specific situation and guide you through the legal process.

Like most personal injury attorneys, the lawyers at Finkelstein & Partners work on a contingency fee basis. This means we don’t charge anything upfront to represent you, nor will we send you large bills every month for our services. We only accept a fee if we obtain compensation for you through an insurance settlement or jury verdict, and if we don’t recover damages for you, you won’t owe us an attorney fee. This is part of our No Fee Promise, along with our commitment to providing exceptional representation with the utmost care and diligence.

We want your voice to be heard, and we are ready to assist with no out-of-pocket costs to you. Contact us today for a free consultation.

The timeline for resolving a personal injury claim in Wappingers Falls can vary significantly depending on various factors. Each case is unique, and the time it takes to resolve a claim can be influenced by a variety of circumstances. Here are some factors that can impact the duration of your personal injury claim:

• Nature and Severity of Injuries: Cases involving more severe injuries that require extensive medical treatment and recovery may take longer to resolve.
• Liability Disputes: If there is a dispute over who is at fault for the accident or if the responsible party denies liability, the case may take longer to resolve.
• Evidence Gathering and Investigation: The time required to gather evidence, such as medical records, accident reports, witness statements, and expert opinions, can affect the timeline.
• Negotiations: The complexity of negotiations with insurance companies or the other party’s legal representatives can impact how long it takes to reach a settlement.
• Medical Treatment: If you’re still undergoing medical treatment or your injuries are evolving, it may be necessary to wait until your condition stabilizes before pursuing a settlement.
• Legal Processes: If your case requires filing a lawsuit and going through the legal process, including discovery and potential trial, it can extend the timeline significantly.
• Multiple Parties or Defendants: Cases involving multiple parties or defendants can be more complex and take longer to resolve.
• Response from the Insurance Company: Insurance companies may take varying amounts of time to respond to settlement negotiations or offers.
• Desired Settlement Amount: If there is a significant difference between your desired settlement amount and the other party’s offer, it might take more time to negotiate a resolution.
• Legal Counsel: Having experienced legal representation can often expedite the process, as attorneys can navigate negotiations and legal procedures more effectively.

Some personal injury cases may be resolved within a few months through negotiations, while others could take a year or more, especially if they proceed to trial. It’s important to approach the process with patience and the goal of achieving a fair settlement rather than rushing to a resolution.

To get a better understanding of how long your specific personal injury claim might take to resolve, you should consult with an experienced personal injury attorney in Wappingers Falls. They can provide insights based on the particulars of your case and guide you through the legal process.

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–or mostly–at fault for the accident. New York courts follow a pure comparative negligence system when determining damages in a personal injury case. This means that you can still recover compensation even if you are found to be 99% at fault. However, 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 30% at fault for the accident and the total damages amount to $100,000, your compensation would be reduced by 30%, resulting in a final award of $70,000.

Keep in mind that insurance companies and the defendant’s legal counsel may try to place undue blame on you to reduce their level of liability. That’s why it’s so important to have an attorney on your side. Your lawyer can protect your rights, advocate on your behalf, and prevent the other party from trying to blame you for the accident and your injuries. The process can get extremely complex, and you need someone who understands the laws and can fight tooth and nail to help you recover the full amount of compensation you deserve.

Obtaining compensation for your personal injuries in Wappingers Falls typically involves a series of steps that can vary based on the specifics of your case. While each case is unique, here’s a general outline of the process you can expect when seeking compensation for your injuries:

• Get Medical Attention: Your health and well-being are the top priority. Seek medical attention promptly for your injuries, and follow the recommended treatment plan.
• Consult with an Attorney: If you believe you have a valid personal injury claim in Wappingers Falls, consult with a qualified personal injury attorney. They can evaluate your case, explain your rights, and guide you through the legal process.
• Investigation: Your attorney will gather evidence related to the accident and your injuries. This could include accident reports, medical records, witness statements, photographs, and any other relevant documentation.
• Determining Liability: Your attorney will work to establish liability by identifying who was at fault for the accident. This is a crucial step in building a strong case.
• Filing an Injury Claim with the Insurance Company: Your lawyer will then file a claim with the other party’s insurance company and submit the total amount of damages you incurred as a result of your injuries and losses.
• Negotiations: In most cases, there’s a period of negotiation between your attorney and the opposing party’s representatives (usually insurance companies). Negotiations aim to reach a fair settlement that compensates you for your injuries and damages.
• Settlement: If negotiations are successful, you’ll reach a settlement agreement. This is the point at which you’ll receive compensation for your injuries. The settlement amount should cover medical expenses, lost wages, pain and suffering, and other applicable damages.
• Lawsuit (if necessary): If negotiations do not lead to a satisfactory settlement, your attorney may recommend filing a lawsuit. This involves submitting a formal complaint to the court, which initiates the legal process.
• Discovery: Both sides gather evidence and exchange information related to the case. This can involve written questions (interrogatories), document requests, and depositions.
• Pre-Trial Negotiations: Often, there’s a last attempt at reaching a settlement before the trial proceeds. Mediation or settlement conferences might be involved.
• Trial: If a settlement isn’t reached, the case goes to trial. Both sides present their arguments, evidence, and witnesses in court. A judge or jury decides the outcome.
• Verdict and Appeal (if necessary): After the trial, a verdict is reached. If either party disagrees with the verdict, they may have the option to appeal the decision if they can show judicial or procedural errors affected the outcome.

It’s important to note that not all cases progress to trial—many are resolved through negotiations and settlements. The process can be complex, and having an experienced personal injury attorney to guide you is highly beneficial. They can navigate the legal complexities, negotiate on your behalf, and ensure you receive the compensation you deserve.