Personal Injury Claims
Injuries sustained due to the negligence of others can take many forms and have a wide variety of causes.
At Cascione, Purcigliotti & Galluzzi, P.C., we have successfully litigated practically every kind of personal injury claim from simple trip and falls and automobile accidents to highly complex product liability or toxic exposure cases. We appreciate that to each client, their individual case is the most important one and we treat every case that we accept with the utmost care and diligence. Arrange a free initial consultation today.
How do I know if I have a good case?
Every personal injury claim has two controlling factors which are “injury” and “liability.”
“Injury” is the harm that you have suffered. It can be a physical injury like a broken leg or mental and emotional trauma that causes lost sleep or nightmares. Often it is a combination of the two. It also can include the loss of a spouse, child or parent which is a claim for “Wrongful Death.”
“Almost” or “nearly” may count in a game of horseshoes but it does not apply to a personal injury claim. What that means is “If the bus hadn’t stopped I could have been killed” is not the basis for a claim. To make a case you have to have been actually injured.
“Liability” is the legal responsibility of the person or organization which harmed you. Everyone has had the experience of tripping over their own feet at some point in life and sometimes people get badly hurt but it really was not anyone’s fault. Only a trained and experienced attorney can evaluate the question of legal liability. We have on occasion accepted cases that other law firms had rejected because they could not see the liability and then we have gone forward to settle those claims for hundreds of thousands of dollars. It really does matter who you choose to represent you.
Sometimes unfortunately there is a third factor which affects the value of a case. That is simply the question of “who’s paying”. Individuals or corporations always have the option of bankruptcy which is the legal process of erasing debt. For that reason it is usually not productive to pursue a claim beyond the available liability insurance. In New York the legal minimum automobile insurance is $25,000/$50,000 which means a single claimant can receive no more than $25,000 and the total for a claim is $50,000. That can cause a very unfair result when for instance, a whole family is struck by a poorly insured vehicle and the best that they can ever get is possibly $10,000 each.
To avoid this possibility in terms of automobile accidents anyone who is better insured (say 100/300 coverage) can also purchase Supplementary Underinsured Motorist coverage for a few dollars a year. That means that your own insurer would cover your claim once you have exhausted the other party’s lesser insurance. We recommend purchasing that coverage to anyone who has a car.
Workers Compensation is a great thing however the pay back for its benefits is that the covered worker cannot sue their employer. Sometimes there is a responsible third party which is not obvious on the facts. It is very common for employers to own their building through a separate corporation which is liable for claims. Only a thorough legal investigation can reveal if you can legitimately bring a claim for a workplace accident.
These are just a few examples in a world of legal possibilities. If you think that you might have a case then you should be speaking to us right now. Reach us online or by telephone at 800-807-2826 for more information.