Accidents are stressful and can be extremely costly. When you’re wondering who will compensate you for the pain and disruption you’ve suffered, turn to a Commack personal injury lawyer at Carner & DeVita.
Our experienced and knowledgeable attorneys fight relentlessly on our clients’ behalf to obtain the money they need to get back on their feet and escape the vicious cycle of accident-related debt.
If you were injured in an accident, Carner & DeVita will fight to get you the compensation you need. Call (631) 380-4417 to schedule your free consultation today.
Our Practice Areas
Whether you were injured by a distracted driver or a negligent business owner, Carner & DeVita will assist you during every step of the legal process. We’re hard-hitting attorneys with a track record for developing close client relationships and obtaining real results.
We work hard to be our clients’ biggest supporters, fighting for justice and representing them with vigor and commitment to their interests.
Carner & DeVita handles medical malpractice, defective product, car accident, truck accident, construction accident, slip and fall, and wrongful death cases. No matter how you were injured, we are here to support you, fight for you, and help you get back on your feet.
Determining Fault in a Commack Personal Injury Accident
Fault is one of the most important factors in a personal injury case because the at-fault party is almost always responsible for paying damages to the injured party. Sometimes, fault is easy to determine, such as the case of a car accident where there is clear evidence that one party violated a traffic law and crashed into the other driver.
Other times, fault is not so simple to determine, especially in cases with multiple entities who could all share a portion of fault, or in cases where multiple entities are deciding who was at fault. For example, conflict often arises in situations where the reporting police officer, the insurance adjuster, and the judge have different opinions on who caused the accident and was at fault.
Now, here’s where things can get trickier: New York is a no-fault car insurance state, meaning if you are in a crash, you must first pursue compensation from your own insurance company for medical treatment, lost wages and other expenses. Only if your injuries are serious, or financial losses exceed a certain amount, can you file a lawsuit and take the other party to court.
Your Commack personal injury lawyer at Carner & DeVita will take scrupulous measures to prove that the other party was at fault in the accident that caused your injury. In the more than 60 years of our time serving communities in New York, we’ve learned exactly what types of evidence to look for in all kinds of personal injury accidents.
We know where insurance companies and other parties try to hide evidence, and we know how to use that evidence against them. Some of the evidence we gather includes:
- Driver and witness statements
- Police reports
- Photos of the scene
- Medical records
The Potential Impact of Comparative Fault in New York
New York is one of 13 states that operate under a “pure comparative fault” system. This means that each party involved in a personal injury lawsuit may be able to recover compensation, even if one of them was 99% at fault.
A Court will reduce your amount of recoverable damages in proportion to your degree of fault. For example, in the case above where one party was 99% at fault, if the verdict was set at $100,000, they would receive $1,000.
Of course, that scenario involves two parties. When multiple parties are at fault, the rule of joint and several liability is followed. This rule permits the injured party (plaintiff) to hold each at-fault party (defendant) collectively or individually responsible for the total amount of damages.
Contrary to comparative fault, joint and several liability disregards the degree of fault, allowing the injured party to collect damages from any of the liable parties (or from them all in varying amounts).
For example, a defendant may be 5% at fault, but they may be forced to pay 100% of the judgment if their fellow defendants don’t have the funds.
The Statute of Limitations for Personal Injury Claims
A “statute of limitations” is the amount of time that an injured person has to file a lawsuit against the at-fault party. In New York, ordinarily, the injured person has three years from the date of the accident to commence a lawsuit. If you fail to meet this deadline, you lose your right to have your case heard by a court, meaning you’ll lose the opportunity to recover compensation for your injuries.
Our advice? File your claim on time to avoid losing out on the money you need.
For more information about the New York court system and the lawsuit filing process, call a Commack personal injury lawyer at Carner & DeVita at (631) 380-4417.
A Commack Personal Injury Attorney Provides Effective Representation
Any personal injury lawyer can represent you, but not every lawyer can get you the results that Carner & DeVita can. We never settle for anything less than what our clients are entitled to, and we aren’t afraid to fight relentlessly against the insurance company and the other party’s attorneys to recover that which you deserve.
If you were injured, you’ll likely have medical bills, lost income, property damage, and other expenses that add up quickly and have the potential to cause serious financial issues. You need a lawyer with proper experience and extensive resources to help you move past your injury. Carner & DeVita won’t settle for less than what you deserve, and neither should you.
Carner & DeVita has the technical knowledge of New York laws to drive your case forward, not to mention more than 60 years of experience dealing with insurance companies and defense firms who will try to devalue your claim.
For effective representation in your case, call Carner & DeVita, a trusted and respected law firm in Commack.
Reasons to Choose Carner & DeVita as Your Personal Injury Attorneys
Unfortunately, many attorneys are just out for the paycheck, which means they won’t care about your case as much as they should. They won’t put the effort in to try and obtain maximum compensation and they won’t respect you during the process.
Carner & DeVita is different, and here’s why:
We only get paid if you win.
Your Commack personal injury lawyer at Carner & DeVita will only get paid when you do – when you receive an equitable settlement or a jury verdict for your case.
This is known as being paid on a “contingency basis,” and you can rest assured that we’ll do everything in our power to win your case. Other attorneys will treat you like a paycheck and will keep you in the dark, but we treat you like a member of the team.
We treat clients like family.
If you meet with an attorney who makes you feel as if you are inconveniencing them, run the other way. They won’t give you the time and attention that your case deserves.
An effective Commack personal injury lawyer will make you feel valued and respected. At Carner & DeVita, we are grateful to our clients for choosing us over dozens of other attorneys.
Of course, our experience and client success speak for themselves, but we maintain a high satisfaction rate by giving every client sincere and direct attention.
We prepare every case for trial.
We’re not messing around when we say we work hard to get you maximum compensation. Carner & DeVita prepares every case for trial because defense lawyers and insurance companies are much less likely to offer a lowball settlement if they know we’re ready to take them to court.
On the other hand, defense lawyers and insurance companies know which law firms will roll over and settle for anything because they don’t have the experience or knowledge to try their clients’ cases.
When these parties learn that Carner & DeVita is on the case, they’ll know not to undervalue the settlement. Anything less than what you deserve is unacceptable.
Common Types of Personal Injury Claims
You may be able to recover compensation if you were injured in a car accident for which you were not at fault. Unfortunately, car accidents are common in Commack and Suffolk County.
Data obtained from the Health Department of New York provides that motor vehicle accidents are the leading cause of injury-related death in Suffolk County, as well as the second leading cause of hospitalizations and emergency department visits.
Unfortunately, New York has one of the highest rates of construction accident-related injuries and deaths in the country. Insufficient training, dangerous conditions, and improper safety gear are all causes of construction accidents.
When you purchase something, you assume that the product is safe for use and has been manufactured responsibly. Unfortunately, that’s not always the case. Shoddy workmanship and negligent manufacturers can cause serious injury or even death to the unlucky victims who come in contact with the product.
Common defective products include medical devices, pharmaceutical drugs, children’s toys, household appliances, and industrial equipment and machinery.
Medical malpractice cases deal with the negligent actions of a doctor, nurse, hospital, or other health professional. We trust health professionals to treat us with proper care and attention. Although doctors swear by the Hippocratic Oath that they will cause them no harm, patients do frequently end up neglected or injured.
Slip and Fall
Contrary to popular belief, slip-and-fall accidents are not confined to the elderly. In fact, many people suffer injuries as a result of a property owner’s or landlord’s negligence, such as failing to put up a “Caution: Wet Floor” sign.
Slip and falls can cause serious injury, including traumatic brain injuries (TBIs) that can be deadly.
Semi-trucks are legally allowed to carry up to 80,000 pounds of cargo. Due to their enormous size and weight, collisions with these vehicles often result in severe injuries.
Data from the New York Department of Motor Vehicles shows that there were 4,202 injuries and 70 deaths related to truck accidents in 2018 alone.
Carner & DeVita helps people who were seriously injured or killed due to someone else’s negligence. We help deceased victims’ families file lawsuits against the responsible party.
We cannot bring your loved one back, but we can provide peace of mind and compensation to help you pay funeral costs and related expenses. Carner & DeVita is here to help families of wrongfully deceased people secure justice.
Get in Touch With a Commack Personal Injury Lawyer
At Carner & DeVita, we are committed to helping our clients move past their injury and get back on their feet. We are passionate about the law and are proud to help injured individuals learn about how the legal system can help them recover equitable compensation.
Our lawyers are compassionate and client-focused, and we’ll fight to get you the money you and your family need. For more information, contact Carner & DeVita at (631) 380-4417.