QUEENS

You have the right to sue anyone whose negligence contributed to your injuries. Potential liable parties include:

• A property owner who failed to address or warn about obvious hazards on their property
• A motor vehicle driver who ignored traffic laws, such as speed limits or red lights
• An employer, such as a trucking company, who pressured their drivers or other workers to ignore safety procedures or regulations
• A medical professional who failed to provide or coordinate appropriate treatment, including follow-up care
• A construction site owner or general contractor who failed to provide workers with reasonable safety equipment

Some cases involve multiple liable parties. For example, if you are injured on a construction site where both the site owner and a third-party contractor are responsible for your safety, you might be able to bring a case against both the owner and the contractor.

Even if you already think you know who caused your injuries, let our Queens personal injury lawyers investigate before you take action. We will ensure you identify and hold responsible every single negligent party, even if they try to deny or downplay their role in your accident.

Generally, an accident victim has the right to claim economic and non-economic damages. These are also called compensatory damages.

Non-economic damages are the physical and emotional losses you suffered because of the accident. Common examples of non-economic damages include:

Economic damages are the financial losses you suffered. Examples include:

• Medical costs
• Property damage
• Loss of wages or earning capacity
• Loss of employment or employment opportunities
• Loss of job benefits, such as union benefits
• Out-of-pocket expenses

Accident victims filing a personal injury lawsuit can pursue these and similar damages. If you are suing based on a loved one’s wrongful death, you can pursue damages for their pain and suffering and your own financial losses (e.g., funeral expenses and loss of financial support).

The types of compensation you can recover depend on what kind of claim you file: seeking damages from the at-fault party’s insurer often entitles you to a wider range of damages than if you only file a claim with your own insurer or your employer’s workers’ compensation insurer.

In very rare cases, you can also ask for punitive damages. This is additional money awarded by a jury to victims of extreme negligence or deliberately malicious behavior.

Yes, New York State law (found at CPLR 1411) allows you to pursue compensation if you behaved negligently. For example, if both you and the driver who hit you were speeding, you retain the right to pursue a personal injury case against that other driver, even though you both disobeyed traffic laws. However, your degree of fault will affect your payout: the greater your percentage of liability, the lower your settlement will be.

One way to protect your settlement is by hiring a personal injury attorney in Queens, NY. Our entire legal team will compile evidence of the other party’s liability to show that they are primarily or entirely responsible for what happened. We will also work to counteract any allegations the liable party has made as to your own liability. These actions protect you against bad-faith attempts to reduce your payout by blaming you for the accident.

In New York State, the statute of limitations for personal injury cases varies based on factors like who you are suing and what kind of accident you were in. You may also face additional, shorter deadlines: for example, if you were injured at work, you must report your injury to your employer well before you file a personal injury claim.

It is in your best interest to start on your case as soon as possible by calling our law firm once you are medically stable. We will make sure you take all legal actions within applicable deadlines.

To file a personal injury case, you need to prove the four elements of negligence:

• Duty of care. Everyone has a responsibility to look out for other people. For example, drivers have to stop at stop signs, property owners have to clean up spills promptly, and construction site owners have to make sure workers have functioning, appropriate safety gear.
• Breach of duty. When someone fails to behave in a reasonable manner, they have breached their duty of care to others.
• Causation. The other party’s act of negligence caused or contributed to the accident. For example, construction site owners are responsible for preventing falls, so they are liable if an employee is injured in a fall at elevated heights.
• Damages. You suffered physically, emotionally, and/or financially because of the accident that the other party caused or contributed to.

To prove these elements, you need to build the strongest case possible. As previously discussed, you can start this process by collecting evidence before you leave the accident scene. Our Queens personal injury attorneys will gather these materials for you if you did not have the chance to do so. We will further strengthen your casefile with evidence like:

• Interviews with eyewitnesses
• Expert statements regarding how the accident likely happened and your economic or physical suffering
• The official police report
• The liable party’s official records, such as maintenance records or employee training records

When you meet with our law firm for the first time, we will speak with you at length about what happened to you and how the accident has affected your life. Then, based on your testimony, we will explain what else you need to file your case.

The amount of compensation you get depends on factors like:.

• The severity of your injuries
• How much your past and future economic losses have damaged you financially
• Insurance limits
• Your degree of fault
• Available evidence

It is our job to pursue the maximum possible amount of compensation based on your circumstances. We want to see you recover a just settlement or award.

Your first move after any accident should always be to get help. This includes:

• Moving away from danger, e.g., getting out of the road if you were in an auto accident
• Calling 911 and waiting for police and paramedics to arrive
• Going to the emergency room if necessary and, if not, seeing your regular doctor right away
• Telling the police what happened to the best of your recollection and with no speculation or exaggeration
• Calling a Queens personal injury lawyer

If and when possible, you can strengthen your case by collecting evidence. The at-fault driver’s insurance information, photos of the accident scene, and medical bills are often crucial sources of information in a personal injury case.

Do not speak to anyone’s insurance company immediately after the accident. We will speak to the liable party’s insurer and, if appropriate, file a claim with your insurer.

“Seeking justice” means different things to different people. Broadly speaking, it involves:

• Holding the at-fault party accountable
• Recovering enough financial compensation to cover your losses

You can achieve these goals by filing a personal injury claim or lawsuit against the liable party. Through a legal action, you can compel the negligent party’s insurance company to pay for your past and future losses.

The insurance company will not make it easy for you to successfully complete your claim. When you hire a personal injury attorney in Queens, we will protect you against any questionable or bad-faith tactics the insurer tries, including:

• Undervaluing your injuries
• Not responding to your claim in a timely manner
• Refusing to negotiate
• Falsely saying your damages are not covered or that your claim lacks sufficient evidence

While insurance companies often stand in the way of justice, Oresky & Associates, PLLC, will champion your rights, no matter how complex your case. We make it easier for accident victims in Queens to seek justice by addressing their legal questions and aggressively confronting both insurers and liable parties while our clients rest and recuperate.

You have the right to sue anyone whose negligence contributed to your injuries. Potential liable parties include:

• A property owner who failed to address or warn about obvious hazards on their property
• A motor vehicle driver who ignored traffic laws, such as speed limits or red lights
• An employer, such as a trucking company, who pressured their drivers or other workers to ignore safety procedures or regulations
• A medical professional who failed to provide or coordinate appropriate treatment, including follow-up care
• A construction site owner or general contractor who failed to provide workers with reasonable safety equipment

Some cases involve multiple liable parties. For example, if you are injured on a construction site where both the site owner and a third-party contractor are responsible for your safety, you might be able to bring a case against both the owner and the contractor.

Even if you already think you know who caused your injuries, let our Queens personal injury lawyers investigate before you take action. We will ensure you identify and hold responsible every single negligent party, even if they try to deny or downplay their role in your accident.

Generally, an accident victim has the right to claim economic and non-economic damages. These are also called compensatory damages.

Non-economic damages are the physical and emotional losses you suffered because of the accident. Common examples of non-economic damages include:

Economic damages are the financial losses you suffered. Examples include:

• Medical costs
• Property damage
• Loss of wages or earning capacity
• Loss of employment or employment opportunities
• Loss of job benefits, such as union benefits
• Out-of-pocket expenses

Accident victims filing a personal injury lawsuit can pursue these and similar damages. If you are suing based on a loved one’s wrongful death, you can pursue damages for their pain and suffering and your own financial losses (e.g., funeral expenses and loss of financial support).

The types of compensation you can recover depend on what kind of claim you file: seeking damages from the at-fault party’s insurer often entitles you to a wider range of damages than if you only file a claim with your own insurer or your employer’s workers’ compensation insurer.

In very rare cases, you can also ask for punitive damages. This is additional money awarded by a jury to victims of extreme negligence or deliberately malicious behavior.

Yes, New York State law (found at CPLR 1411) allows you to pursue compensation if you behaved negligently. For example, if both you and the driver who hit you were speeding, you retain the right to pursue a personal injury case against that other driver, even though you both disobeyed traffic laws. However, your degree of fault will affect your payout: the greater your percentage of liability, the lower your settlement will be.

One way to protect your settlement is by hiring a personal injury attorney in Queens, NY. Our entire legal team will compile evidence of the other party’s liability to show that they are primarily or entirely responsible for what happened. We will also work to counteract any allegations the liable party has made as to your own liability. These actions protect you against bad-faith attempts to reduce your payout by blaming you for the accident.

In New York State, the statute of limitations for personal injury cases varies based on factors like who you are suing and what kind of accident you were in. You may also face additional, shorter deadlines: for example, if you were injured at work, you must report your injury to your employer well before you file a personal injury claim.

It is in your best interest to start on your case as soon as possible by calling our law firm once you are medically stable. We will make sure you take all legal actions within applicable deadlines.

To file a personal injury case, you need to prove the four elements of negligence:

• Duty of care. Everyone has a responsibility to look out for other people. For example, drivers have to stop at stop signs, property owners have to clean up spills promptly, and construction site owners have to make sure workers have functioning, appropriate safety gear.
• Breach of duty. When someone fails to behave in a reasonable manner, they have breached their duty of care to others.
• Causation. The other party’s act of negligence caused or contributed to the accident. For example, construction site owners are responsible for preventing falls, so they are liable if an employee is injured in a fall at elevated heights.
• Damages. You suffered physically, emotionally, and/or financially because of the accident that the other party caused or contributed to.

To prove these elements, you need to build the strongest case possible. As previously discussed, you can start this process by collecting evidence before you leave the accident scene. Our Queens personal injury attorneys will gather these materials for you if you did not have the chance to do so. We will further strengthen your casefile with evidence like:

• Interviews with eyewitnesses
• Expert statements regarding how the accident likely happened and your economic or physical suffering
• The official police report
• The liable party’s official records, such as maintenance records or employee training records

When you meet with our law firm for the first time, we will speak with you at length about what happened to you and how the accident has affected your life. Then, based on your testimony, we will explain what else you need to file your case.

The amount of compensation you get depends on factors like:.

• The severity of your injuries
• How much your past and future economic losses have damaged you financially
• Insurance limits
• Your degree of fault
• Available evidence

It is our job to pursue the maximum possible amount of compensation based on your circumstances. We want to see you recover a just settlement or award.