Rego Park Personal Injury
Rego Park is a neighborhood in Queens, the boundaries of which include Yellowstone Boulevard, Woodhaven Boulevard, the Long Island Expressway, and Queens Boulevard. It was built on Hempstead Swamp. In 2017, Rego Park and the adjacent neighborhood of Forest Hills saw a 64% leap in pedestrian accidents. If you sustain serious injuries in Rego Park, you may find it difficult to pay your bills and take the time off from work necessary to recover. For many people, the only way to make payments for everything that they need after serious injuries is to bring a personal injury lawsuit against the party at fault. However, the defendant's insurer may try to contact you to try to find out if you were partly to blame for an accident. It is important to seek out legal counsel before talking to the other side. At Newman, Anzalone & Newman, LLP, our Rego Park personal injury lawyers are ready to provide legal representation.Understanding and Asserting Your Rights
A personal injury lawsuit is brought in civil court, and it is separate from any criminal action that may be pursued by the state. Liability is expressed in monetary damages, and the burden of proof is lower. However, you should not assume that you can handle it yourself. In many cases, insurers are looking for ways in which you were at fault so that your damages will be reduced. The pertinent laws vary depending on the context of the accident.
In New York, there is a no-fault system to which car accident victims must turn first. It can pay up to $50,000 in medical expenses, including imaging and diagnostic testing. It may also pay lost wages. However, if you are considered to be seriously injured, you may be able to sue for pain and suffering and other noneconomic losses. Injuries that are considered serious and qualifying include fractures, the loss of a fetus, dismemberment, the permanent loss of a bodily system/member/function/organ, significant bodily restrictions or functions, or an injury that keeps you from substantially performing the material acts that comprise your usual actions for the 90-day period during the 180-day period immediately after you suffer injuries.
In a car accident lawsuit arising out of a driver's error, a personal injury attorney in Rego Park would need to show that the defendant owed you a duty to use reasonable care but did not meet this duty, and causation and damages were present. Drivers can breach the duty to use reasonable care in many different ways, including by speeding, weaving, running traffic signals, driving drunk or fatigued, and texting while driving.
Often, defendants claim that the other driver or a pedestrian was to blame for the accident. Your own comparative negligence may reduce the amount of damages to which you are entitled. Suppose that, for example, you were crossing the street against the light, and a drunk driver was speeding and hit you. You suffered traumatic brain injuries and spinal cord damage. The jury would determine your damages but also assign percentages of fault. If the total damages were $1 million, but you were found 50% at fault, you would be able to recover $500,000 from the at-fault driver.
In some cases, a Rego Park personal injury attorney needs to show something more complex than ordinary negligence. For example, if you are inside a grocery store when you slip and fall, your lawyer may need to show that the property owner knew or should have known about the substance on the floor, but it did not do anything to fix the situation or offer warnings, and the dangerous condition caused your injuries.
Often, you can only show that a property owner should have known because the employees deny actually knowing about the spilled liquid. Constructive notice can be proven if the dangerous condition existed long enough that a reasonable property owner would have seen it and cleaned it up or set up a sign or orange cones to warn customers. For example, if someone had dropped a banana peel on the grocery floor, and you slipped on it, it would be crucial to figure out when the banana peel was dropped.Discuss Your Case with a Personal Injury Lawyer in Rego Park
If you suffer serious injuries in an accident, you should retain an experienced attorney to protect your rights. Newman, Anzalone & Newman, LLP provides aggressive and effective legal representation in personal injury and wrongful death lawsuits. Call us at 718-896-2700 or complete our online form.