Personal Injury FAQs
2. What is the statute of limitations for personal injury claims in New York?
3. What damages can I collect as a result of my personal injury?
4. What issues will I face in making a personal injury claim for injuries sustained in an automobile accident?
5. If I slip and fall at a business, is the owner of the business legally responsible for my injuries?
6. How do I know if I have a personal injury case?
7. Why do I need a lawyer to represent me in my personal injury case?
1. What personal injury cases
does your law firm handle?
The law firm of Oshman & Mirisola, LLP, handles
the following types of personal injury claims:
- Automobile and Truck Accidents
- Burn Injuries
- Construction Accidents
- Dog Attacks
- Elevator Accidents
- Eye Injury – Vision Loss
- Slip and Fall Injuries
- Spinal Cord Injuries
- Traumatic Brain Injuries (TBI)
- Wrongful Death
2. What is the statute of
limitations for personal injury claims in New York?
Personal injury claims must be brought within three
years of the date of the injury. A cause of action for
wrongful death accrues on the date of death and must
be filed within two years of that date.
3. What damages can I collect as
a result of my personal injury?
Compensation, or damages, awarded in personal injury
claims vary based upon the type of injury and cause.
The most commons forms of compensation include payment
for:
- Medical Bills
- Property Damage
- Lost Wages
- Emotional Trauma
- Physical Disability
- Mental Disability
- Pain & Suffering
4. What issues will I face in
making a personal injury claim for injuries sustained
in an automobile accident?
A claim for injuries sustained in an automobile
accident is usually based upon carelessness or
negligence. In worse case scenarios, it is based on an
intentional or reckless act. The issues that typically
arise in a tort claim after an automobile accident are
the following:
- Liability – who is at fault and to what degree
- Damages – injuries or losses that were caused by the accident
- Insurance Coverage – what the insurance company will pay for after an accident
5. If I slip and fall at a
business, is the owner of the business legally
responsible for my injuries?
Typically, it is the duty of an owner to exercise
reasonable care in the maintenance of the premises and
to warn a visitor of any known dangerous conditions.
It is the responsibility of your experienced personal
injury attorney to gather the relevant facts and to
know the applicable legal principles in order to
determine if the owner can be held liable for the
injuries caused in a fall. Contact Oshman &
Mirisola, LLP today to discuss your claim.
6. How do I know if I have a
personal injury case?
The first requirement of a personal injury case is
that you must have suffered an injury to your person
or property. Second, your injury must have been the
result of someone else's negligence or fault. It is
not always necessary to have a physical injury to
bring a personal injury lawsuit, however. Lawsuits may
be based on a variety of nonphysical losses as well.
Contact Oshman & Mirisola, LLP today to discuss
your situation and determine if you have a personal
injury case.
7. Why do I need a lawyer to
represent me in my personal injury case?
Your lawyer’s focus is obtaining the maximum damages
for you, consistent with the nature of your injuries
and losses. You need a lawyer at Oshman & Mirisola,
LLP working for you to protect your interests.
Additionally, a lawyer can investigate all sources of
recovery and ensure that your medical expenses are
submitted to the proper source for payment.