Personal Injury Attorney

Serving Injury Victims

Being injured in a negligence-based accident can throw your life into chaos. Such accidents can leave you temporarily or permanently disabled, unable to work, traumatized, and in pain or discomfort while medical expenses pile up. In such cases, you deserve compensation for all of your damages and losses from the at-fault party.

 

However, fighting insurance companies for a full and fair settlement can be challenging. These companies are generally not on your side but dedicated to preserving their profitability by paying out as little as possible.

Putting a skilled lawyer in your corner gives you an advantage when dealing with insurers. These companies can no longer take advantage of your lack of knowledge regarding your rights under the law. At The Law Offices of Michael Chessa PLLC, we can level the playing field in seeking the compensation you deserve through aggressive negotiation skills at the settlement table or through litigation in court.

Our New York personal injury attorney brings an abundance of trial experience to your claim. From thorough preparation of your case throughout all phases, we will work vigorously to help you secure optimal results.

Personal Injury Cases

Personal injury cases we handle can include the following:

  • Auto accidents

  • Motorcycle accidents

  • Truck accidents

  • Bicycle accidents

  • Pedestrian accidents

  • Slip and fall accidents

  • Product liability (defective or dangerous consumer products)

  • Premises liability (injuries stemming from safety hazards on public or private property)

  • Medical malpractice

  • Wrongful death

What is the Statute of Limitations
for Personal Injury Claims?

The statute of limitations for personal injury claims can vary depending on the nature of the claim. Generally, the statute of limitations for personal injury cases is three years from the incident that caused the injury. However, it’s important to note that this general rule has certain exceptions and variations. For example:

  • Medical Malpractice: In medical malpractice cases, the statute of limitations is generally two years and six months from the date of the alleged act of malpractice or from the end of continuous treatment provided by the party you are suing.

  • Claims Against Municipal Entities: If you're filing a personal injury claim against a municipality or government entity, you must typically file a notice of claim within 90 days of the incident. Failure to file the notice within this time frame can result in losing your right to sue.

  • Minors: If the injured party is under 18 years old, the statute of limitations is extended, and they generally have three years from their 18th birthday to file a personal injury claim.

  • Wrongful Death: In cases of wrongful death resulting from negligence or intentional harm, the statute of limitations is generally two years from the date of death.

It’s crucial to consult with a New York personal injury attorney to get accurate and up-to-date information regarding the statute of limitations that applies to your specific case. 

How to Prove a Personal Injury
Claim

The burden of proof for personal injury claims is based on the legal principle of “preponderance of the evidence.” This means that the injured party (the plaintiff) must show the court that it is more likely than not (i.e., more than a 50-percent probability) that the at-fault party’s (the defendant) negligence or wrongdoing caused their injuries.

The plaintiff must generally prove the following elements to succeed personal injury lawsuit:

  • Duty of care: The defendant owed the plaintiff a duty of care, which is typically based on the reasonable expectation that individuals will act reasonably and not cause harm to others. For example, licensed drivers are obligated to obey the state’s traffic laws and rules of the road.

  • Breach of duty: The defendant breached the duty of care owed to the plaintiff by failing to act in a reasonable manner, such as through negligence or intentional misconduct. Common forms of driver negligence include speeding, running a red light, ignoring stop signs, tailgating, or any other form of reckless driving.

  • Causation: The plaintiff must establish a causal connection between the defendant's breach of duty and the injuries suffered. They must show that the defendant's negligence directly caused or substantially contributed to their injuries.

  • Damages: The plaintiff must provide evidence of the actual harm or damages they suffered as a result of the defendant's actions. This may include medical bills, lost wages, pain and suffering, and other related losses.

The burden of proof lies with the plaintiff throughout the case by presenting evidence and persuading the court or jury that their claims are more likely true than not true. The defendant, on the other hand, may attempt to challenge the plaintiff’s case against them. That is why it is imperative to hire an experienced personal injury lawyer to prove your case.

Financial Compensation for Personal Injury Cases

Under New York personal injury law, you are given the right to pursue financial compensation due to injuries caused by another party’s negligence, carelessness, recklessness, or intentional actions. These parties can include other individuals, businesses, corporations, and even governmental agencies. This is done through a personal injury claim or lawsuit filed against the at-fault party. Most personal injury claims are settled out of court through negotiation. However, if this does not lead to a fair result, you have the right to fight for what you truly deserve in court. The financial compensation to which you may be entitled can include: 

  • Past and future medical expenses

  • Out-of-pocket expenses

  • Lost wages or income

  • Property damage (such as to your vehicle)

  • Pain and suffering

  • Emotional distress

Our firm can gather necessary evidence proving fault, the full extent of your injuries, and the calculation of all of your damages and losses related to your accident and injuries. You may be eligible for compensation even if you were partially responsible for the accident. This can become a complex matter in any personal injury claim for which you should have representation to fight for the fair amount of compensation you need and deserve.

Put The Law Offices of Michael Chessa PLLC to Work for You

With over a decade of legal experience, including working at a top-flight New York personal injury firm as a skilled trial lawyer, Attorney Michael Chessa understands how to prepare and fight for compensation at every phase of the legal process. Get the information and counsel you need to better understand your case, your options, and how best to move forward with your claim today.

Talk to our New York personal injury lawyer by contacting us online or at (917) 997-8873 today.

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