Brooklyn Personal Injury Lawyer
If you or a loved one suffered a severe injury due to the negligence of a third party in Brooklyn, NY, we can help. Our Brooklyn personal injury attorneys at the law offices of Sullivan & Galleshaw, LLP, can fight aggressively and strategically to get you the compensation you deserve.
We understand that all you want is to recover from your injuries and get your life back on track. We know that no amount of money can undo your accident and injuries. However, filing a personal injury claim can put you on the right path to a speedy recovery. Let our experienced personal injury attorneys help you during this challenging time. To learn more about all of our services and how we can assist you, call our law offices today at (718) 843-0300.
Understanding Personal Injury Claims in Brooklyn, NY
Nobody is exempt from suffering an injury. We are constantly exposed to many dangers, and an accident can happen to anyone at any moment. Many times, accidents, injuries, and even the wrongful death of a person can be prevented. Sadly, negligence often plays a significant part in an individual’s accident and subsequent injuries. This is what a personal injury claim tries to address.
What are the benefits of filing a Brooklyn personal injury claim? Through a personal injury claim, you can fight for compensation for any physical, mental, or emotional damage caused by a third party. The purpose of a civil claim based on negligence is to make the plaintiff whole. Nothing can undo your accident or any losses you may have suffered. However, a personal injury claim can be an excellent way to set yourself up for a successful recovery. As a plaintiff, you will have the burden of proving the defendant’s negligence – which we will discuss further below. If you are successful in your claim, you can get compensation for your medical bills, lost wages, and pain and suffering.
Common Cases Our Brooklyn Personal Injury Lawyers Handle
Personal injury claims cover a wide range of different situations and scenarios. Each case presents its own set of circumstances, which ultimately impacts its outcome. Our Brooklyn personal injury lawyers have handled numerous claims over our years of experience. However, some of the most common personal injury claims we have consistently handled over the years include:
Car accidents are part of our everyday lives. Every year, thousands of drivers are involved in crashes that often lead to severe injuries. Each car accident is different, and the victims can suffer from a wide range of injuries. For instance, a rear-end collision victim may experience milder injuries than someone involved in an accident with a commercial truck. Factors such as the negligent driver’s speed and condition may also play a significant role in the outcome of your crash. All of these elements are considered in your claim, and our Brooklyn car accident attorneys can help you fight for the compensation you rightfully deserve after your crash.
When you go to the hospital, you expect to receive the best possible care anyone can provide. However, this is not always the case. Sadly, every year, thousands of unsuspecting patients are injured or lose their lives in the hands of negligent healthcare providers. Every doctor, nurse, assistant, and other healthcare providers owe you a legal duty of reasonable care. This means that they have to do everything in their power to provide you with the medical services you require. If a negligent medical professional caused you harm, you may be entitled to compensation for your losses. Our Brooklyn medical malpractice attorneys understand the challenges associated with a personal injury caused by a negligent healthcare provider. We can help you fight to hold the negligent party accountable for all of your losses.
As a consumer, you buy products trusting that they are safe to use and consume. Unfortunately, many unsuspecting consumers are victims of negligent manufacturers. Every year, thousands of consumers are injured or lose their lives due to defective products. Defects in products can happen due to negligence during the designing and manufacturing process. These defects often lead to devastating – and sometimes life-altering – injuries. If you or your loved one was injured by a defective product in Brooklyn, NY, we can help. Call Sullivan and Galleshaw today for a free, confidential consultation.
Filing a Personal Injury Claim in Brooklyn, NY
If you suffered injuries in an accident caused by a third party, you may have an opportunity to file a personal injury claim. As we mentioned, these claims are based on negligence, which is the base of every personal injury claim. As a plaintiff in your lawsuit, you need to prove the defendant’s negligence. This means that you have the burden of presenting evidence demonstrating the defendant’s negligence in your case.
You may be wondering “How do I prove my personal injury claim in court?” To prove your personal injury case with the court, you will need to show that there are four main elements. These elements are known as the legal duty, the breach of duty, causation, and losses. To prove the legal duty – the first element in your claim – you will need to show that the defendant owed you a duty to prevent any harm from happening to you. For instance, a doctor has a legal duty to provide reasonable care to all of their patients.
During the second element in your claim, you will need to show that the defendant breached their legal duty. In other words, you will need to provide evidence showing the defendant failed to act as a prudent, reasonable person would in a similar situation. You will also need to show that there is a link between the defendant’s actions – or omissions – and your losses. This is what is known as causation.
Finally, you will need to show that you suffered losses due to the defendant’s negligence. You can provide evidence showing you suffered losses such as your medical bills, lost wages, and pain and suffering. Our Brooklyn personal injury lawyers can help you through the process and fight for the compensation you deserve from the liable parties.
How Long Do You Have to File a Personal Injury Lawsuit in Brooklyn, NY?
Yes, in order to encourage people to settle their claims while evidence is available and memories remain relatively fresh, there is a time limit on personal injury actions in New York. In NY, an injured person is generally required to bring suit within three years of his or her injury. However, there are certain scenarios where that time limit is reduced. For instance, medical malpractice claims must be brought within 2.5 years from the date of the malpractice or the end of the treatment relationship. A wrongful death claim has a two year window. In short, it is never advisable to “wait and see.” If you believe you have a claim, the time to address it is now.
What Types of Damages Are Available in Brooklyn Personal Injury Lawsuits?
The types and amounts of damages you may be entitled to are subject to a fact-specific determination of the type or types of injuries you suffered, the severity of the injury, and the losses you experienced due to the injury. In most personal injury actions where there is a recovery, the largest part of the damages are known as compensatory damages. Compensatory damages, as the name suggests, are intended to compensate the injury victim for his or her losses. Typically, compensable damages include:
- Pain and suffering for past, present, or future physical pain
- Doctor’s bills
- Hospital bills
- Lost wages due to the injury
- Lost future earning potential
- Property damage
- Costs for physical therapy or other forms of rehabilitation
- Costs for assistive devices
- Costs for or medical devices
In certain situations where the conduct was reckless, wanton, or malicious the court may elect to impose punitive damages. Punitive damages are relatively rare, but can be imposed when a court wishes to send a message that such conduct or behavior is unacceptable.
Brooklyn Personal Injury Attorneys Offering Free Consultations
We can help if you or someone you know suffered injuries and losses caused by a negligent party. Our Brooklyn personal injury attorneys at the law offices of Sullivan & Galleshaw LLP understand how difficult your situation can be. Over the years, we have developed the necessary skills and knowledge to aggressively and strategically defend your interests. Call our law offices today for your free, confidential consultation. Our phone number is (718) 843-0300.
ABOUT SULLIVAN & GALLESHAW
Over our many years practicing personal injury law, our highly experienced legal team has earned a reputation for excellence. Our attorneys have appeared on major media outlets such as Fox News and MSNBC . Our firm’s legal accomplishments have been profiled by the New York Law Journal, the Los Angeles Times, ESPN, and the Associated Press. We have won multiple verdicts in excess of $1 million, making us proud members of the Million Dollar Advocates Forum, a prestigious organization which admits fewer than 1% of all attorneys in the United States. We were named Super Lawyers in 2011, and enjoy a perfect 10/10 Superb rating on national attorney database Avvo.
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