We Only Get Paid When You Win
Accidents can happen to anyone. You should not be made to suffer because of the negligence of another person or company. Unfortunately, this often means that in order to be compensated (alongside healing), there is the added responsibility of dealing with insurance companies and the lawyers representing the person or company responsible for your injury. On top of that, this is often a brand new experience for the person who has been injured. It can be scary, time consuming, and you may be second-guessing whether you will get all of the compensation that you are entitled to.
The other side will have a team representing their interests – it is important that you have someone fighting on your behalf. Our attorneys have helped hundreds of clients hold individuals and companies who hurt them responsible. As soon as you call us, we will begin the hard work necessary to get you the money you deserve. We will handle all of the communication, negotiating, and the trial, if necessary. Your job is to focus on healing; our job is to battle the insurance companies.
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We Only Get Paid When You Win
Accidents can happen to anyone. You should not be made to suffer because of the negligence of another person or company. Unfortunately, this often means that in order to be compensated (alongside healing), there is the added responsibility of dealing with insurance companies and the lawyers representing the person or company responsible for your injury. On top of that, this is often a brand new experience for the person who has been injured. It can be scary, time consuming, and you may be second-guessing whether you will get all of the compensation that you are entitled to.
The other side will have a team representing their interests – it is important that you have someone fighting on your behalf. Our attorneys have helped hundreds of clients hold individuals and companies who hurt them responsible. As soon as you call us, we will begin the hard work necessary to get you the money you deserve. We will handle all of the communication, negotiating, and the trial, if necessary. Your job is to focus on healing; our job is to battle the insurance companies.
Our Results
All results shown were handled by attorneys of the firm and/or of counsel attorneys, and include results during times of attorney association with other firms.
Filing a Lawsuit for an Injury in New York City
In many cases, a lawsuit is going to be the way that you ultimately claim damages. Insurance companies rarely agree to pay for your damages in full unless there is a settlement or verdict that forces them to do so. Settlements happen in the vast majority of cases, but usually only under the threat of going to trial. In order to file a personal injury lawsuit in New York, there are some requirements that have to be met as outlined in the FAQ section below.
Meet Your Experienced Legal Team
At Carrion Accident & Injury Attorneys, our experienced legal team is dedicated to providing exceptional representation for clients facing the aftermath of accidents and injuries. With a deep understanding of personal injury law and a commitment to justice, our attorneys bring years of expertise to every case. We pride ourselves on our client-focused approach, ensuring personalized attention and aggressive advocacy to secure the best possible outcomes. Whether negotiating settlements or litigating in court, our team stands by your side, fighting tirelessly to protect your rights and achieve the compensation you deserve.
Our Areas of Practice
Our attorneys have successfully represented clients in a variety of types of accidents and injuries. Our Firm has a well-deserved reputation as staunch and trusted advocates committed to achieving outstanding results. We use our deep knowledge of personal injury law and impressive advocacy skills to hold negligent parties responsible for their actions. If you have been injured, click to read more about how we can help you.
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Elements of a Personal Injury Lawsuit in New York
To be able to sue for your injuries, you first need to show that you have a cause of action. This usually means that your situation needs to meet the four elements of a “negligence” lawsuit:
For example, if a driver crashed into you after breaching their obligation to stop at a red light, that would be the violation that caused your injuries. Similarly, we could sue if a store owner failed to warn about slippery floors, causing you to slip and get hurt.
These elements can be adapted to most “negligence” cases in which the injury was the result of an accident. Our personal injury lawyers can, however, also help you sue if you were intentionally injured, such as in cases of assault.
- A legal duty the defendant owed you and;
- a breach of that duty, and the breach must have;
- actually caused you damages that the court can compensate.
For example, if a driver crashed into you after breaching their obligation to stop at a red light, that would be the violation that caused your injuries. Similarly, we could sue if a store owner failed to warn about slippery floors, causing you to slip and get hurt.
These elements can be adapted to most “negligence” cases in which the injury was the result of an accident. Our personal injury lawyers can, however, also help you sue if you were intentionally injured, such as in cases of assault.
Restrictions on Filing a Personal Injury Lawsuit in New York
In some cases, your ability to file a personal injury lawsuit will actually be restricted. Two of the most common areas where these restrictions arise are in car accidents for which you are at fault and/or the injuries are not sever, and work injuries.
In car accidents, New York uses a “no-fault” system that requires everyone to use their own insurance to cover their damages for injuries after a crash (though property damage is covered by the at-fault party). Individuals who meet the legal definition of a ‘serious injury’ under New York Insurance Law § 5102(d) may step outside the no-fault system and file a lawsuit against the driver who was at-fault. We can investigate your case and consult with medical experts to see if you meet the standards to sue. This “serious injury threshold” is often met, given that any permanent injuries and any broken bones should qualify you, as should any injury that will take you away from your normal daily activities for 90 of the following 180 days.
Work injuries have additional complications, given that Workers’ Compensation laws often prevent lawsuits against an employer for general accidents and injuries. Despite this, you can still sue your employer if they committed certain safety violations that led to your injuries. Your employer might not be at fault, though, and there is no restriction on your ability to sue some other liable party for causing your injuries, such as the manufacturer of defective safety gear or a driver who hit you while you were on the road as part of your job duties.
In car accidents, New York uses a “no-fault” system that requires everyone to use their own insurance to cover their damages for injuries after a crash (though property damage is covered by the at-fault party). Individuals who meet the legal definition of a ‘serious injury’ under New York Insurance Law § 5102(d) may step outside the no-fault system and file a lawsuit against the driver who was at-fault. We can investigate your case and consult with medical experts to see if you meet the standards to sue. This “serious injury threshold” is often met, given that any permanent injuries and any broken bones should qualify you, as should any injury that will take you away from your normal daily activities for 90 of the following 180 days.
Work injuries have additional complications, given that Workers’ Compensation laws often prevent lawsuits against an employer for general accidents and injuries. Despite this, you can still sue your employer if they committed certain safety violations that led to your injuries. Your employer might not be at fault, though, and there is no restriction on your ability to sue some other liable party for causing your injuries, such as the manufacturer of defective safety gear or a driver who hit you while you were on the road as part of your job duties.
The Burden of Proof in a New York Personal Injury Case
Our lawyers intend to win your case in court if we have to. That means we need to satisfy the “burden of proof” in your case. You may be familiar with the burden in criminal cases, which require proof “beyond a reasonable doubt.” That is an incredibly high standard, which essentially means you need to make the jury feel 100% sure in their decision. With personal injury cases, the burden is much lower.
Injury cases use a “preponderance of the evidence” standard, which equates to a jury being something similar to 51% sure of their decision. This standard means they need to be “more likely than not” that your claim is true.
We can meet this burden of proof by producing evidence and calling witnesses.
Injury cases use a “preponderance of the evidence” standard, which equates to a jury being something similar to 51% sure of their decision. This standard means they need to be “more likely than not” that your claim is true.
We can meet this burden of proof by producing evidence and calling witnesses.
Evidence Used in a Personal Injury Case in New York
Whether you are presenting your injury claim to an insurance company, trying to negotiate with them for a settlement, or producing your evidence in court in front of a judge and jury, you need prove that your claim is true. This will mean producing evidence that the accident happened, that the other person was at fault, and that your injuries are as bad as you say they are. Evidence can fall into a lot of different categories, but the following are some of the most common:
Hearing the story from the people who saw the accident is often the most compelling evidence. Eyewitnesses can be called to the stand or called in for depositions to tell their side of the story and explain what they saw, what they heard, and what ultimately happened in your case. While witnesses cannot usually give their opinion on who was at fault, the jury can come to the conclusion on their own after hearing what the witnesses have to say.
Keep in mind that your own testimony is going to be one of the biggest pieces of evidence in your case. You can explain what you felt, what you experienced, what was done to you, and how it affected you after the accident. In fact, your testimony is one of the main pieces of evidence we need to rely on when proving how serious your pain and suffering/emotional distress was after the accident. In some cases, you and the defendant might be the only actual eyewitnesses, and it is up to the rest of the evidence to corroborate your story and make it more believable.
Records, paperwork, filings, and other documentation of the accident, the damages, and the results of the accident are going to make up the rest of the majority of the evidence in your case. “Documentary evidence” refers to any papers or items that document or record what happened. Truly, almost any evidence we will discuss will ultimately be “documentary evidence,” but we will discuss things like photos, videos, and some other documentary evidence separately.
In a car crash, documentary evidence can include descriptions of the vehicle damage, appraisal results highlighting how much the damage costs, and diagrams from a police report. In a slip and fall, documentary evidence might include logs detailing what workers were on duty at the time, incident reports, etc. In truck accident cases, you might have staff logs, driving logs, maintenance logs, etc.
By the time your case gets to court, the actual scene of your accident or injury is likely cleaned up or repaired, your injuries are at least on the way to healing, and any physical items involved in the injury (cars, defective products, etc.) may have been disposed of or repaired. Taking photos and video of everything you can will help you preserve that evidence in photo form so that we can review it later and bring it into court to show the jury what you saw or experienced. Photos of vehicle damage, dangerous property hazards, broken/defective products, injuries, accident scenes, and more can all be excellent evidence in an injury case, as can stills from security cameras.
Video is often even better evidence than still photos. If the accident itself was recorded on a security camera, cell phone, dash cam, ATM camera, or other camera, we can show it to the jury so they can see for themselves how the accident occurred and decide who was at fault.
You do not have to be the one who took the photos or video to use them as evidence. We can request security footage from stores and homes near the accident scene and even subpoena any video evidence the opponent might have, preventing them from destroying it or hiding it if it is bad for them.
Medical records do a lot of heavy lifting in your injury case. They show when the accident happened and connect records of your treatment to the same time and date. They show how severe your injuries are and what your future recovery should look like. They also prove that you, in fact, suffered the injuries you say you did.
Bills, receipts, appraisals, pay stubs, and other financial records help show the economic harm you faced from the accident. Whether we are talking about medical bills, therapy bills, childcare expenses, or any other expenses the accident caused you, our personal injury lawyers can help you present these bills as proof of damages in your case. We can also use these records to show how much income you lost, and we can use records and bills to project future lost earnings and medical expenses as well.
Sometimes people who did not see the accident or injury happen still have important technical or scientific information to contribute about the case, detailing how things might have happened, whether there was negligence, or how injuries will heal (or not) over time. Experts can be brought in to analyze facts and present the court with information, commonly as medical experts, materials scientists, manufacturing experts, accident reconstruction experts, and more. Unlike eyewitnesses, these experts can give opinions based on their training and experience that might be important to the outcome of your case, especially in medical malpractice claims and other claims that might, in fact, require expert witnesses.
Eyewitness Testimony
Hearing the story from the people who saw the accident is often the most compelling evidence. Eyewitnesses can be called to the stand or called in for depositions to tell their side of the story and explain what they saw, what they heard, and what ultimately happened in your case. While witnesses cannot usually give their opinion on who was at fault, the jury can come to the conclusion on their own after hearing what the witnesses have to say.
Keep in mind that your own testimony is going to be one of the biggest pieces of evidence in your case. You can explain what you felt, what you experienced, what was done to you, and how it affected you after the accident. In fact, your testimony is one of the main pieces of evidence we need to rely on when proving how serious your pain and suffering/emotional distress was after the accident. In some cases, you and the defendant might be the only actual eyewitnesses, and it is up to the rest of the evidence to corroborate your story and make it more believable.
Documentary Evidence
Records, paperwork, filings, and other documentation of the accident, the damages, and the results of the accident are going to make up the rest of the majority of the evidence in your case. “Documentary evidence” refers to any papers or items that document or record what happened. Truly, almost any evidence we will discuss will ultimately be “documentary evidence,” but we will discuss things like photos, videos, and some other documentary evidence separately.
In a car crash, documentary evidence can include descriptions of the vehicle damage, appraisal results highlighting how much the damage costs, and diagrams from a police report. In a slip and fall, documentary evidence might include logs detailing what workers were on duty at the time, incident reports, etc. In truck accident cases, you might have staff logs, driving logs, maintenance logs, etc.
Photos and Video
By the time your case gets to court, the actual scene of your accident or injury is likely cleaned up or repaired, your injuries are at least on the way to healing, and any physical items involved in the injury (cars, defective products, etc.) may have been disposed of or repaired. Taking photos and video of everything you can will help you preserve that evidence in photo form so that we can review it later and bring it into court to show the jury what you saw or experienced. Photos of vehicle damage, dangerous property hazards, broken/defective products, injuries, accident scenes, and more can all be excellent evidence in an injury case, as can stills from security cameras.
Video is often even better evidence than still photos. If the accident itself was recorded on a security camera, cell phone, dash cam, ATM camera, or other camera, we can show it to the jury so they can see for themselves how the accident occurred and decide who was at fault.
You do not have to be the one who took the photos or video to use them as evidence. We can request security footage from stores and homes near the accident scene and even subpoena any video evidence the opponent might have, preventing them from destroying it or hiding it if it is bad for them.
Medical Records
Medical records do a lot of heavy lifting in your injury case. They show when the accident happened and connect records of your treatment to the same time and date. They show how severe your injuries are and what your future recovery should look like. They also prove that you, in fact, suffered the injuries you say you did.
Bills and Financial Records
Bills, receipts, appraisals, pay stubs, and other financial records help show the economic harm you faced from the accident. Whether we are talking about medical bills, therapy bills, childcare expenses, or any other expenses the accident caused you, our personal injury lawyers can help you present these bills as proof of damages in your case. We can also use these records to show how much income you lost, and we can use records and bills to project future lost earnings and medical expenses as well.
Expert Witnesses
Sometimes people who did not see the accident or injury happen still have important technical or scientific information to contribute about the case, detailing how things might have happened, whether there was negligence, or how injuries will heal (or not) over time. Experts can be brought in to analyze facts and present the court with information, commonly as medical experts, materials scientists, manufacturing experts, accident reconstruction experts, and more. Unlike eyewitnesses, these experts can give opinions based on their training and experience that might be important to the outcome of your case, especially in medical malpractice claims and other claims that might, in fact, require expert witnesses.
What Damages Can You Claim in a Personal Injury Case in New York?
If you were hurt, one of your major concerns will be whether you have a case and how much you stand to win from your claim. Seeking compensation is not just about money—it’s about getting the support you need to recover and move forward. The money you win in your personal injury case will go toward paying for your injuries, supporting your family while you cannot work, and taking care of the rest of your enduring hardships. Our personal injury lawyers need to be able to maximize these damages as much as we reasonably can to help you make a full recovery and get every dollar you are owed.
There are a few areas of damages that will be relevant to most cases, including your economic damages, non-economic damages, the costs of litigation, and potentially punitive damages.
There are a few areas of damages that will be relevant to most cases, including your economic damages, non-economic damages, the costs of litigation, and potentially punitive damages.
Economic Damages
Economic damages account for all of the money you spent or lost because of the accident or injury. In many injury claims, this will include at least your medical bills and lost wages. However, it is important to understand that medical bills might not stop at the date you file your lawsuit, and you should include the cost of additional care you will need going forward as well. In the same manner, lost wages might include some days you missed in the immediate aftermath of the injury, but you might now face a disability that keeps you from returning to full-capacity work or stops you from working altogether. Lost wages during periods of total disability and ongoing reductions in wages if you can work at a limited capacity or in a part-time role should also be accounted for.
Depending on the specifics of your case, you might face additional damages for property damage, vehicle damage, childcare needs, home care needs, lost household services, loss of consortium from an injured spouse, and more.
All in all, our lawyers will help you calculate these damages, as there might be opportunities to claim interest on unpaid damages, as well as calculations that need to be done to adjust future damages to their present value.
Depending on the specifics of your case, you might face additional damages for property damage, vehicle damage, childcare needs, home care needs, lost household services, loss of consortium from an injured spouse, and more.
All in all, our lawyers will help you calculate these damages, as there might be opportunities to claim interest on unpaid damages, as well as calculations that need to be done to adjust future damages to their present value.
Non-Economic Damages
While medical bills, lost wages, and other expenses related to the accident can be accounted for with receipts and statements that indicate their financial value, you face other harms that have no economic value. These “non-economic” damages account for things like pain, suffering, mental anguish, and emotional distress, often lumped under the term “pain and suffering.”
There are multiple calculation methods we can use to factor in how serious your injury was, how much it interrupts your daily activities, and the other effects of the injury. In many cases, these damages can equal at least as much as the economic damages in your case – and in many serious injury cases, these damages can be the majority of the damages claimed in your case.
There are multiple calculation methods we can use to factor in how serious your injury was, how much it interrupts your daily activities, and the other effects of the injury. In many cases, these damages can equal at least as much as the economic damages in your case – and in many serious injury cases, these damages can be the majority of the damages claimed in your case.
Punitive Damages
While most of the “compensatory” damages discussed above compensate you/pay you back for your injuries, “punitive” damages are paid to punish the defendant for their wrongful actions. These damages are not available in every case, but our lawyers can help you file for punitive damages when the defendant’s actions are above and beyond mere negligence, qualifying as “intentional and deliberate.” This standard is not met in most accidental cases, though it can be met in cases where the defendant knew they were putting people at risk, allowing punitive damages in some drunk driving cases, sexual assault claims, and cases where a company’s repeat or flagrant violations of safety rules caused the injury.
How Long Do You Have to File a Personal Injury Lawsuit in New York City?
Most legal cases are governed by what is called a “statute of limitations.” In personal injury cases, the relevant statute of limitations gives you 3 years from the date of injury to file your case in court. There may be some special rules that give you additional time in cases where the victim is legally “incapacitated” by a mental condition or by the fact that they are a minor, as well as in cases where the source of injury is concealed by the defendant or undiscoverable. Without an exception like this, your case is usually barred after 3 years from the date of the accident, though some cases do need to be filed earlier if they involve the government as a party.
Generally though, waiting any amount of time is not ideal. The sooner your injuries and treatment are documented, the stronger your case will be.
Generally though, waiting any amount of time is not ideal. The sooner your injuries and treatment are documented, the stronger your case will be.
How Long Will Your Personal Injury Case Take?
If you faced injuries that interfere with your daily life, stop you from going to work, or required treatment at a hospital, your case is likely serious enough to seek damages. In less catastrophic injury claims, this can sometimes be solved with an insurance settlement, which will usually happens more quickly than going to trial. A settlement can sometimes take anywhere from six months to one year. If the damages are large and the injuries severe, the insurance company might fight you all the way through a trial. If a trial is needed to get you the maximum amount of compensation, the time involved can vary depending on the case and how quickly the court moves. It might take a year or more to resolve your case. But remember, these cases that go to trial typically involve very catastrophic injuries or death and can result in large monetary awards.
In either situation, our lawyers can advise you about your options for moving forward and analyze what they think the value of your case is. In that respect, you should always call a lawyer if you are considering pursuing damages; getting on the phone and talking to us about your potential case costs you nothing, and you can always decide whether to move forward with a case or not after you discuss your options with us.
In either situation, our lawyers can advise you about your options for moving forward and analyze what they think the value of your case is. In that respect, you should always call a lawyer if you are considering pursuing damages; getting on the phone and talking to us about your potential case costs you nothing, and you can always decide whether to move forward with a case or not after you discuss your options with us.
When Do I Have to Call a Lawyer Following an Injury or Accident?
It can be difficult to know if your case is “serious enough” to get a lawyer involved, and if it is, you might not know about the deadlines that you have to file your lawsuit.
It takes time to meet with lawyers, gather evidence, put together the strategy for your case, and then file with the court. Depending on the timing, we may be able to work quickly, but it is better to call us as soon as you possibly can after the accident. Even if that means calling us from your hospital bed, there are only pros and no cons to getting us involved in your case early.
While you are recovering, we can focus on gathering police reports, collecting evidence, monitoring your condition, assembling records, and preparing your case. Then, once everything is prepared, we can file the case and start getting you the damages you need.
We can also advise you as you consider what money you should and should not take from insurance companies, what you should and should not say to the other party, what could qualify as a “settlement,” what might put you in jeopardy of a subrogation claim, what evidence to preserve, and other aspects of your case.
It takes time to meet with lawyers, gather evidence, put together the strategy for your case, and then file with the court. Depending on the timing, we may be able to work quickly, but it is better to call us as soon as you possibly can after the accident. Even if that means calling us from your hospital bed, there are only pros and no cons to getting us involved in your case early.
While you are recovering, we can focus on gathering police reports, collecting evidence, monitoring your condition, assembling records, and preparing your case. Then, once everything is prepared, we can file the case and start getting you the damages you need.
We can also advise you as you consider what money you should and should not take from insurance companies, what you should and should not say to the other party, what could qualify as a “settlement,” what might put you in jeopardy of a subrogation claim, what evidence to preserve, and other aspects of your case.