Personal Injury Lawyer on Long Island, NY
What Is a Personal Injury Lawsuit?
If someone’s wrongful or negligent behavior caused your injury, you may be able to secure compensation in court. This is called a personal injury lawsuit, and our attorney at Robert H. Solomon, PC has what it takes to help you succeed.
How to File—and Win—a Personal Injury Lawsuit
As a plaintiff, you will need to file your claim within the statute of limitations. The statute of limitations is the legal time limit for filing a certain lawsuit in any given state (e.g. 3 years for personal injury cases in New York). When you file, a state official or process server will take the summons and complaint to the person who allegedly caused your injury (i.e. the defendant). They must respond in writing, and the court will then schedule the initial hearing.
To win your case, you will need to demonstrate that you are legally entitled to compensation. Fortunately, you only need to provide a preponderance of evidence (i.e. demonstrating a 50% or greater likelihood that your claim is true). Criminal defense prosecution, on the other hand, uses the “guilt beyond a reasonable doubt” standard.
You will, however, need to include comprehensive details in your complaint in order to succeed. Our team at Robert H. Solomon, PC can develop an airtight strategy that gives you the highest possible likelihood of a favorable outcome.
The Difference Between Intentional Tort, Strict Liability, & Negligence
Intentional tort, strict liability, and negligence are the three major ways the defendant could be responsible for your injury. Intentional tort is when someone purposefully hurts you (e.g. battery or assault). Strict liability, on the other hand, does not require intention, and it often applies in cases where you are injured by using a defective product.
Negligence is when someone fails to fulfill a duty. If this failure causes an accident and your subsequent injury, you may be able to hold them accountable in court. One common example of negligence is running a red light. The driver is negligent because they did not follow traffic laws. If they hit your car and injure you as a result, they are most likely liable.
What Can Compensation Cover?
In a personal injury case, you can claim compensation for:
- Medical bills
- Lost work/wages
- Pain and suffering
If the defendant’s negligence caused your injury, the amount of compensation you receive may change if you were partially at fault for the incident. No matter the case, our goal is to secure maximum compensation as soon as possible.