Staten Island Personal Injury Lawyer

From January 2022 to August 1, 2024, Staten Island experienced a total of 297 injuries due to crashes. This includes 66 pedestrians, 13 bike riders, 215 motorists, and 3 injuries involving other vehicles. Pursuing compensation after being damaged by another individual’s negligence is a step you need to consider to make a successful recovery. But taking legal action can be a daunting process, especially if your injuries are severe. When you’re already dealing with the problems that come from being the victim of a personal injury, it’s easy to make a mistake.

That’s why speaking with a lawyer is crucial for your claim’s success. When you’re hurt and suffering, reach out to a Staten Island personal injury lawyer. The team at Kuharski, Levitz & Giovinazzo, Esq. is here to help you recover from your injuries and get the guidance you’re due.

Who’s at Fault for a Staten Island Personal Injury?

Liability is not an obvious element in a Staten Island injury case, and it’s not enough to explain what happened, as insurance companies will simply dismiss your statements. A claim is not an effortless task, and it often turns into a battle where you’ll need to prove you weren’t at fault, even if you already know that you’re not at fault for what happened.

An experienced personal injury attorney prefers to proceed methodically while eliminating all factors that can’t be verified through evidence. That’s why adjusters try to convince you that connecting with one is a waste of your time and money. They already know that protecting their profits will be much harder when a professional who knows how the legal system works is defending you.

Fault can come from several places in a Staten Island personal injury claim. Many of these depend on how the accident happened. If you know what happened, your lawyer can pinpoint who’s at fault and how they caused the accident. Here are a few possibilities:

Drunk, distracted, or drowsy drivers
Manufacturers
Property owners
Government agencies
An assailant who intended to harm you

Recognizing an Adequate Staten Island Injury Settlement Offer

Insurance companies don’t like to pay out on injury claims, especially when you deserve a large settlement. They may constantly lowball you, and the amount of money you’d receive if you end up accepting their initial offer won’t be enough to cover all your expenses, especially future ones, but constantly refusing may result in an unneeded trial and longer wait times.

Your legal advisor will work closely with you to understand the true value of your claim. Always consult with them before accepting an offer, especially if you receive it immediately after the accident, where the amount of your damages and the full extent of your injuries is still unknown. Recognizing adequate settlement offers can result in a quick resolution of a difficult case.

Taking Your Case to Trial vs. Settling Out of Court

A Staten Island personal injury case may not need a trial, but it can happen as an agreement can’t always be reached, especially when multiple parties can be considered negligent. This also often happens when insurance companies get involved.

These for-profit businesses are often unconcerned with your care and recovery. They’re concerned with how the case will impact their profits.

Receiving the maximum amount of compensation is possible when your attorney has strong trial experience and resources to get answers for your claim. Trial experience means knowing when to take your case to trial, and how to present a version of the facts, especially when defendants try to put the blame on you.

A good Staten Island injury lawyer will always prepare for the worst scenario possible and will have the evidence needed to deal with a courtroom’s unpredictability and increase your chances of winning.

Is Seeking Out a Staten Island Injury Lawyer Worth It?

If you’ve been seriously injured, you’re worried about taking the right steps for your claim and getting the coverage you need for a full recovery. You shouldn’t see your legal research as an additional problem you need to solve.

look at it instead as a crucial step toward your case’s resolution. Proceeding without a lawyer may sound tempting on paper, but it’s something you may regret in the future for many reasons.

You Can Focus on Recovery

Accidents that result in a personal injury can negatively impact your physical and mental health, and they can leave mental scars, trauma, and depression in their wake. Taking legal action and dealing with everything that comes next can feel daunting when you’re already suffering.

Giving the task to a professional who possesses the tools and the knowledge necessary to deal with it in the best way possible will let you focus on your recovery. Stress levels will also be lowered, as you can relax while an experienced lawyer fights for your health, and the future of your finances.

A Personal Injury Lawyer in Staten Island Evens the Odds

If you don’t speak with an attorney, remember that defendants and insurance companies are not going to return the favor and represent themselves just like you’re doing. They’re more than likely to consult with one that will actively work against you and any evidence you might present.

Facing someone with extensive knowledge of the entire legal system is a recipe for disaster, as reaching a positive outcome while you’re injured can quickly become impossible. Under these conditions, the only one that can even the odds is a Staten Island personal injury attorney, who can back up your evidence and protect your rights.

Your Staten Island Injury Attorney Can Deal with Complications

Mistakes in your claim can be critical and will ultimately diminish its value unless they’re noticed and corrected before it’s too late. For example, if you’ve been the victim of a car accident, a police report is the most important piece of evidence you should look for. If it contains mistakes, it might result in a significant waste of time due to unexpected delays.

An attorney always goes over evidence multiple times and knows how to communicate with police departments to correct an eventual mistake. The same principle applies to your medical records and accident-related bills. Eliminating setbacks is the key to success when you’re looking to receive the money you rightfully deserve.

Faster Compensation for Your Staten Island Personal Injury Claim

What stops many personal injury victims from taking legal action is the fear of having to wait too much. When your finances are already in a bad spot, it makes sense that you’re not looking forward to being stuck in long legal procedures. A skilled attorney can help ensure you get the funds you’re due for your economic and non-economic damages.

This is due to their ability to negotiate aggressively, as their objective is to provide you with fair compensation in the least amount of time. Just after the value of your injuries, along with property damage, and eventual pain and suffering is calculated, you can be sure that a lawyer will be working towards closing the case in your favor.

Damages that Qualify for Compensation

Once negligence is proven in a personal injury case, the victim of an accident is entitled to compensation. Though financial reimbursement cannot erase the injuries incurred by you or your loved one, it can give you peace of mind in order to focus on your recovery. As the bills begin to rapidly come in, you may wonder what will be covered under a personal injury suit.

Economic Damages

Economic damages are considered those that are tangible and easily calculated. Their value is black and white and easily proven to an insurer, judge, and jury. The amount of compensation one can expect varies from case to case based on the type of injury and damages suffered. Medical bills, pay stubs, receipts from medical equipment, and car repair and rental bills are all considered when calculating economic damages.

Some of the most common economic damages include:

Hospital bills
Doctor’s office visits
Prescription and non-prescription medications
Rehabilitation, physical therapy, chiropractic care
Current and future lost income
Property damage
General household expenses

But this is only a sample of the economic damages you may be due. Every case is different, and you may need to take time to consider all your damages.

Keep in mind as well that you should count your current and future damages. When you settle or win a claim, that’s the extent of your compensation. If this compensation isn’t enough to cover all your current and future expenses, you’ll be unable to seek out more. Your lawyer can help you determine what your claim is worth and how to seek it out.

Non-Economic Damages

Non-economic damages are more difficult to substantiate. This is where choosing the right attorney is important. We have the knowledge and resources needed to fairly determine the worth of your general damages.

There are many types of losses that occur in a personal injury event that doesn’t come with a bill or a receipt. The most common include the following:

Pain and Suffering – Many types of injuries cause immediate and chronic physical pain. Whether the pain is new or the worsening of a prior injury, the toll pain has on one’s physical and emotional health can be devastating.
Emotional Distress – Any traumatic injury causes stress, and each individual reacts to it differently. Post-traumatic stress disorder (PTSD), phobias, depression, and impaired cognition are a few psychological concerns that can negatively affect your livelihood. In severe cases, disfigurement from burns, amputation, or paralysis, changes the way you may see yourself and your interaction with the outside world.
Loss of Enjoyment of Life – When both physical and emotional injuries impair your ability to do what you once loved, the impact can be devastating. Imagine not being able to play with your children or grandchildren or participate in your weekend softball games. In these cases, compensation is due.
Loss of Consortium – Personal connections are an important part of one’s well-being. If your injuries affect your ability to be intimate with your partner, this may affect your relationship and in turn, cause unforeseen life changes.

Calculating your non-economic damages can be tricky. These damages are calculated based on the severity of your suffering and the impact that suffering caused you. Because of this, you may need a lawyer’s help to calculate these damages and seek them out in the courtroom.

How Do I Know a Personal Injury Lawyer in Staten Island Is Right for Me?

The best way to evaluate a lawyer’s experience is during initial consultations. Taking a look at their websites and the results they’ve obtained in past cases is often not enough for a first impression, that’s why asking questions while establishing a solid professional relationship is considered the ideal way to analyze an attorney’s knowledge.

Due to their nature, personal injury cases always require constant attention. Factors that influence your compensation can change quickly, and a reputable Staten Island personal injury attorney will always be on top of what’s happening while keeping you updated at all times.

Paying for a Staten Island Personal Injury Claim

What scares many Staten Island personal injury victims is the thought of paying hefty fees while they’re already dealing with financial problems due to what happened. For this reason, you should make sure that you’re always on the same page with your attorney when it comes to their fees, as a disagreement or an unexpected change could result in unwanted consequences.

The majority of personal injury lawyers offer free consultations, where you can discuss your case and receive an estimate of your compensation. Contingency fee plans are also available, which means you won’t be paying out of your own pockets, as their fees will be covered with a percentage of your settlement. They only get paid if you’re successfully compensated.

Get Started with a Staten Island Personal Injury Attorney

Accidents happen, and dealing with them is never a walk in the park. But with the right guidance, you can transform this process. It will only be a bad memory, and getting compensated will help you overcome the suffering you’ve gone through because of someone else’s mistakes.

If you’re still having doubts, there’s no better way to eliminate them than to speak with our team. The lawyers at Kuharski, Levitz & Giovinazzo, Esq. are ready to take your case, and will provide you with everything you need to feel safe about the future of your finances while we file a claim on your behalf.

You can get started today by giving our office a phone call at 718-448-1600 or filling out the online contact form below.

Staten Island Personal Injury FAQ

After a devastating injury, you may be unsure where to turn. Many Staten Island residents struggle to get answers after a serious injury, as personal injury law can be complex.

If you’re hurt and have questions, your Staten Island injury lawyer is here to help. You can reach out for personalized answers from your attorney. While you wait for your appointment, check out the commonly-asked questions we hear from many injury victims.

I think I was partly at fault for my injuries. Can I still sue?

You may have been injured in the accident, but the at-fault party may still try to place part or all the blame on you. If they succeed, you may lose part or all the compensation you’re due for your injuries. Rather than lose a percentage of your compensation, talk to your lawyer about defending your case and getting the funds you need for recovery.

How long do I have to file a Staten Island personal injury claim?

The clock begins ticking when you’re hurt and considering taking your claim to court in Staten Island. In NYC you only have three years to file a claim in most circumstances. If you wait, your claim may be dismissed. Other circumstances may change the length of your time limits, however, so speak with a Staten Island attorney about your options to act now.

Can I sue on behalf of my child?

When a child is injured, you may need to take steps to help them recover. Minors can’t sue on their own, but waiting until they’re 18 can mean a loss of evidence. Talk to your lawyer instead about acting as a guardian ad litem, which allows your lawyer to represent your child’s best interests in the courtroom.

What if the person who hurt me was arrested and faced criminal charges?

When someone injures another person, they may have also broken the law. In these cases, the case first goes to Staten Island’s criminal court, where the person will be tried and determined guilty or not guilty. Once this period passes, you have an opportunity to sue for the funds you’re due. Your Staten Island injury lawyer can even help you use evidence from the first trial for your claim.

What if I’m not the only one who was injured?

In some cases, you may have encountered a dangerous product or service that left you seriously injured. When this happens, you may be one of many injury victims across Staten Island, New York, or even the country. When this happens, you and your lawyer may choose to start or join a class action lawsuit. These lawsuits help multiple parties sue one party, often a group or company, to get fairly compensated.

Can I sue if a loved one passed away because of the accident?

If you lost a loved one to someone else’s negligence, you may have grounds for a lawsuit. Because the deceased is unable to represent themselves, however, there are certain rules that must be followed. Reach out to a personal injury lawyer in Staten Island for confirmation that you’re able to sue and the tools you’ll need for a wrongful death claim.

Citations

Serious Injuries by Borough, Tracking serious traffic injuries in New York City – Vision Zero
https://projects.transalt.org/serious-injuries

New York’s Statute of Limitations for Personal Injury Lawsuits
https://www.nolo.com/legal-encyclopedia/what-is-the-personal-injury-statute-of-limitations-in-new-york.html