Proving Liability in a Suffolk County Personal Injury Case
Along with the aforementioned duties, our personal injury lawyers serving Suffolk County, NY can prove the liability of the defendant and the value of your damages if your case goes to trial.
This proof is generally done through a four-step process:
Establishing the Defendant’s Duty of Care
New York law states that people have a duty not to put others at an unreasonable risk of harm. This principle is called one’s duty of care.
The following parties must uphold a duty of care:
- Motorists
- Property owners
- Product manufacturers
Proving That the Defendant Breached Their Duty of Care
A breach of duty of care looks different based on the details of each case. Such an occurrence may include a drunk driver or a property owner’s failing to install handrails. These are just two of countless examples of how the duty of care may be breached.
Establishing Causation
Here, we will aim to prove that the defendant’s actions contributed to or caused your injuries or loved one’s death.
Calculating Damages
We will present medical and economic evidence to establish the damages you are entitled to recover based on your losses.
Statute of Limitations in Suffolk County, NY
It’s crucial to understand that there are time limits for filing personal injury and wrongful death claims in Suffolk County, NY. As mentioned earlier, CVP §214 generally allows victims of another person’s negligence three years from the date of the injury to file a personal injury lawsuit. For wrongful death claims, EPT §5-4.1 provides a two-year window in most cases.
However, our personal injury attorneys like to emphasize the importance of acting quickly and contacting a personal injury attorney as soon as possible after an injury occurs. The sooner you begin the legal process, the better your chances of gathering strong evidence and building a solid case. Additionally, some exceptions to these statutes of limitations may apply, such as cases involving suing a municipality, which may have shorter time limits.
Regardless of the time that has passed since you or your loved one’s injury, it’s always best to consult with an experienced personal injury attorney to discuss your options and ensure you don’t miss any personal injury claims deadlines.
What to Do After an Injury in Suffolk County
If you or a loved one has suffered an injury due to someone else’s negligence, it’s good to know what steps to take to protect your health and legal rights. Here are some key actions to consider:
- Seek Medical Attention: Your health and well-being should be your top priority. Seek medical care immediately, even if you think your injuries are minor. Some injuries may not manifest symptoms until later, and prompt treatment can help prevent complications and provide valuable documentation for your case.
- Report the Incident: If your injury occurred at work, report it to your employer. If it was due to a car accident, call the police and file a report. If it happened on someone else’s property, notify the property owner or manager. Reporting the incident creates an official record that can support your claim.
- Gather Evidence: If possible, collect evidence at the scene of the incident. Take photos of your injuries, property damage, and the surrounding area. Get contact information from any witnesses who saw what happened.
- Keep Records: Maintain a file of all documents related to your injury, including medical records, bills, insurance correspondence, and any other relevant paperwork. This documentation will be essential for your lawyer when building your case.
- Contact an Experienced Personal Injury Attorney: Reach out to a personal injury attorney as soon as possible. They can guide you through the legal process, help you understand your rights, and work to secure the compensation you deserve. Many personal injury lawyers offer a free consultation and work on a contingency fee basis, so you can discuss your case without any upfront costs.
Remember, the actions you take in the days and weeks following your injury can significantly impact the outcome of your personal injury claim. By following these steps and working with a skilled personal injury lawyer, you can focus on your recovery while your legal team advocates for your rights.
Call Our Personal Injury Lawyers in Suffolk County Today for a Free Consultation
We have over one hundred years of combined experience working with personal injury cases—and we have won millions for our clients. The team at Rosenberg & Gluck, L.L.P. is here for you. Our personal injury attorneys want to help you pursue the financial damages you are entitled to receive.
Call our team today to discuss your case. We assist clients in Spanish, as well.
