NYC Personal Injury Lawyer
Personal injury law refers to the field of law that deals with accidental injuries, defective products, car crashes, medical malpractice, and all of the damages and insurance claims that go along with them. Our lawyers in New York City often handle cases on behalf of pedestrians hit by cars, victims of surgical errors, injured construction workers, and so many others.
If you or a loved one was injured, we may be able to take your case, investigate what happened, and present evidence and arguments in court to get you the compensation you need. Our attorneys have experience handling all sorts of injury cases, and we are not afraid to bring cases against property owners, drivers, doctors, or even big businesses to fight to get you the compensation you need for your injuries. If you were recently injured, be proactive about your case. You will only have three years to pursue compensation for an injury caused by a negligent party in New York City.
Contact our experienced NYC personal injury lawyers today by calling The Carrion Law Firm at (718) 841-0083 for a free review of your case.
What to Do After an Injury in NYC
If you are injured, you might be left with medical bills, stuck out of work, and dealing with extensive pain and suffering from your injuries. This situation can feel hopeless, but there may be chances to get your bills covered and to fight for other compensation for your injuries. This can help you get back on your feet and make up for the economic stress you face after an injury.
Seek Medical Care Immediately
Immediately after an accident, it is important to always get medical care and report the accident to the authorities. Whether you were injured in a car crash, in a slip and fall in a store, or at home because of a defective product, call 911 for an ambulance or get yourself to a hospital for treatment.
Being able to prove that you immediately sought care for your injuries shows that they were serious enough to require treatment. This also helps provide a paper trail that shows when your accident happened and that your injuries were treated immediately after. That can prevent the defense from claiming that your injuries were caused by something else that happened between the accident and the time of treatment.
If you were in an accident in public, you might need to report the accident to the police as well, such as after a car accident. Otherwise, police may respond and create a report if they accompanied ambulance services and EMTs to the scene. Stores and workplaces may also request an accident report be filled out. You should do this so that there is written documentation of your accident in New York City.
Call a Lawyer
After you get the treatment you need, consider calling our lawyers very early on. You may be able to take pictures at the scene of the accident, documenting where and when the accident happened, what the conditions were like, and what your injuries looked like. This will be helpful evidence, but if you need immediate medical care and end up laid up in the hospital, you will need someone else to gather evidence for you.
Our personal injury lawyers can gather evidence, potentially even security camera footage and witness statements, to help build your case. There are also so many other benefits from seeking legal help immediately after an accident. We can coordinate your care and help keep track of all expenses related to the accident. We can also help you put together logs and journals to document your recovery so you can tell the judge and jury about how your injuries affected you.
Do Not Talk About the Case
If you are injured, it is important to keep details between yourself and your lawyer. You should always avoid talking to other people involved in the accident, such as companies who might be responsible, insurance companies, and other peoples’ lawyers. Your lawyer represents you and has your best interests in mind, but other lawyers, insurance companies, and even the at-fault parties might try to take your words and use them against you. Even statements to friends or on social media could hurt you later.
Saying something like, “I’m sorry,” could be misconstrued as you admitting the accident was your fault and could hurt a claim against other parties. Saying that your injuries “aren’t that bad” could be construed as an actual assessment of your condition and could hurt later claims that the injuries were severe or that you faced high pain and suffering.
It is also important that you have our lawyers present when you talk to the at-fault party, their lawyer, or any insurance company. These parties might try to offer you settlements that are far too low to cover your needs, but the offer may still be hard to say no to. Our lawyers can help you know what your case is really worth and avoid low settlements.
Elements of an NYC Personal Injury Lawsuit
There are many different types of personal injury lawsuits. The process for recovering monetary damages in your case can vary depending on the type of accident you suffered.
However, in order for your case to succeed, you must establish that the defendant was under a duty of care, the defendant did not adhere to their duty of care, you were injured because of the defendant’s breach of duty, and you sustained damages as a result of the injuries you incurred.
But what does all of this mean exactly? Let us start with the duty of care. This duty exists within many different types of relationships. Drivers owe one another a duty of care to follow traffic rules. Manufactures owe a duty of care to consumers not to distribute defective products. Even homeowners owe visitors a duty of care. Establishing that this relationship exists is a crucial first step in any personal injury lawsuit in New York City.
Next comes the breach. This is how the at-fault party acted negligently, causing your injuries. Depending on your case, the breach might differ. For example, suppose you were injured in a slip and fall accident because your landlord did not salt icy steps in the winter. That is in breach of their duty of care.
Up next is causation. It is not enough to prove that another party acted negligently. You must also prove that their negligent act caused you injury. Following the previous example, you were hurt because your landlord breached their duty of care, causing you to slip and become injured.
Finally, you must prove that you suffered real damages, such as injuries and financial losses, because of the defendant’s breach of their duty of care. Our lawyers can help determine if the required elements have been established in your case during a free case review.
Insurance Claims vs. Filing an Injury Lawsuit in New York
It is not uncommon to see insurance companies scramble around to find a way to reach you and make you a settlement offer. However, insurance companies often fail to provide you with fair compensation that measures up to the extent of your losses. Typically, insurers sell services that are meant to compensate you in the event of an accident. However, when the unexpected happens and you are injured, they work their hardest to pay you as little as possible.
New York is a no-fault insurance law jurisdiction. This is important to note because your compensation may be limited in certain situations. Under this law, your insurance responds for your losses, regardless of who was responsible for your accident. For instance, if you are involved in a car accident, your first line of defense would be your own insurance. Your insurance would provide compensation for things such as your medical bills, lost wages, and property loss. However, an insurance claim may not be the best way to get compensation.
There are instances where you may be able to go beyond New York’s no-fault rules and submit a claim based on personal injury. The main difference between insurance claims and personal injury lawsuits is that you can get better, more complete compensation. You may be able to pursue compensation for losses such as your pain and suffering, which are not covered under Manhattan’s no-fault insurance.
However, there are certain requirements you must meet if you wish to pursue a personal injury lawsuit after a car accident. You can file your lawsuit if you suffered significant disfigurement, bone fractures, or permanent loss of bodily function – among other injuries.
Compared to an insurance claim, a personal injury lawsuit gives you the best chance of fighting against the liable parties and getting the compensation you deserve. Our skilled personal injury attorneys can assist you.
Lawsuits Against Insurance Companies in New York
Lawsuits against insurance companies are not unusual. Common reasons for lawsuits against insurance companies include breaches of contracting or acting in bad faith. When filing your lawsuit, you must follow the rules and procedures specific to the situation, including serving notice on the appropriate parties. You must also abide by unique statutes of limitations that apply to cases common in lawsuits against insurance companies. To prove your case and get the compensation you deserve, we must present evidence that the insurance company breached the contract or wrongfully denied your claim. What kind of evidence we need depends on the circumstances of your unique situation.
Why Sue an Insurance Company in New York City?
Perhaps the biggest reason people sue is that the insurance company fails to pay out on a claim they should have. Sometimes, this failure results from wrongful actions taken by the insurance company to cut costs and save money at the customer’s expense. Talk to our New York City attorneys who sue insurance companies to determine if you have a strong case.
Many lawsuits against insurance companies stem from a breach of contract. Your insurance policy is a contract between you and the insurance company stating that if certain conditions are met, the insurance company will pay money to cover certain damages and injuries. A breach of this contract is a violation of the terms. In most cases, the breach stems from the insurance company’s refusal to pay even though the policy terms require it. For example, if you need to have a surgical procedure that is clearly covered by the terms of your health insurance policy, the insurance company would be in breach of the contract if they refused to cover the surgery.
Bad faith claims are another source of lawsuits against insurance companies. Insurance companies are not exactly known for their honesty and transparency, and they often bank on customers making mistakes so they can avoid paying them. If you believe your insurance company acted in bad faith by misleading or lying to you about your policy, our team can help you sue them for the compensation you are entitled to.
How You File a Lawsuit Against an Insurance Company in New York City
Suing an insurance company means suing a large organization made up of many people, and no single person is liable for your damages. Instead, the insurance company itself may be held liable. As such, there are certain rules regarding how to sue an insurance company. Our New York City lawyers who sue insurance companies can help you get started.
How you serve notice on the defendant is important in any lawsuit. Serving notice is required, and the lawsuit cannot move forward if the defendant is not served or is served improperly. According to ISC Law § 1212(a), you must serve notice on an insurance company through the New York Superintendent of Insurance. All insurance companies must file a power of attorney with the Superintendent allowing them to accept notice and service of process.
Our team can help you serve notice by delivering a copy of the lawsuit to the offices of the New York State Insurance Department. This might only be one of the first steps in your lawsuit, but it is extremely important, and getting it wrong could end your case before it begins.
When You Should File a Lawsuit Against an Insurance Company in New York City
You must also abide by specific time constraints when suing an insurance company. All lawsuits must adhere to statutes of limitations that serve as deadlines for filing lawsuits. Different kinds of cases and claims often come with different statutes of limitations. When suing an insurance company, you will likely have to follow the deadline imposed under CVP Law § 213, which governs breaches of contract. Under this law, you have 6 years to file your lawsuit.
Although the statute of limitations is certainly important, it might not be the correct deadline we must be aware of. In many cases, the terms of a contract provide a different deadline for lawsuits and other legal actions. Our New York City attorneys who sue insurance companies can help you review the terms of your policy to determine if there are any other restrictions we should know about. Insurance companies often like to hold their customers to shorter deadlines to make suing harder, so we must act quickly.
Holding Negligent Individuals and Companies Responsible for Accidental Injuries in NYC
In every accident case, it is important to figure out who was at fault for the victim’s injuries. Once you determine fault, you can more easily pursue compensation in New York City.
Many cases involve multiple parties, such as a manufacturer and a distributor of a defective product or a negligent doctor and the hospital they work for. Other cases involve shared fault between the victim and the defendant(s). This is where New York’s pure comparative fault laws can come into play during personal injury claims. Courts can assign partial fault to everyone involved, then assign damages based on that. This could mean victims who were 5% at-fault could still get 95% of their damages paid in an injury lawsuit in New York City. It is important to prove that you do not share fault for your injuries in order to recover full compensation for all of your damages.
Further, you need to show that what the defendant did that puts them at fault. Our lawyers will need to prove that this meets the proper legal standards and constitutes “negligence” before the court can order the defendant to pay you damages. These issues are often complex, and our experienced injury lawyers can help with the challenges of your specific case.
How Much is a Personal Injury Lawsuit Typically Worth in New York City?
Filing your personal injury lawsuit means you can work to get two types of compensation: economic and non-economic compensation. Economic compensation refers to quantifiable damages such as your hospital expenses, lost wages, and property loss. Typically, the court will take all of these losses into account and assign a compensation value to cover them.
Non-economic damages are those associated with the physical and psychological injuries suffered in your accident, which, as we mentioned, are not covered by insurance companies. In most cases, these damages are the most significant and important for a personal injury victim. It is essential to have the assistance of an experienced, skilled Manhattan personal injury attorney.
Your attorney should be able to gather, organize, and present all of the required evidence with the court in order to maximize your award. Additionally, your attorney can lay out your case to show the defendant’s actions were extreme, wanton, and reckless. This can provide you with the chance of getting additional compensation in the form of punitive damages. It is always in your best interest to hire a personal injury attorney with experience handling cases like yours in Manhattan.
Types of Evidence Used to Prove Fault in an NYC Personal Injury Lawsuit
There are several types of evidence that can be utilized when proving that another party is at fault for your personal injury. Our experienced lawyers can help collect and preserve evidence such as witness testimony, accident reports, physical evidence from the scene, photos from the scene, expert testimony, medical records, and your personal recollections.
Eyewitness Testimony
Statements from witnesses can be very helpful when proving fault for a personal injury. Witnesses can offer either oral or written testimony that explains how or why a particular accident occurred. You should always attempt to retrieve contact information for any witnesses to your accident if possible. Our team can provide support when reaching out for their potential cooperation.
Accident Reports
After many types of harmful accidents, reports may be created that point to an accident’s cause. For example, after a car accident, a police officer should visit the scene to draft an accident report. Furthermore, after a slip and fall accident at a grocery store, employees on scene at the time may be required to fill out a report. Our lawyers can help obtain a copy of the accident report in your case. In New York, opinions and conclusions within police reports are admissible evidence in personal injury claims.
Physical Evidence from the Scene
Physical evidence from the scene of an accident can also be valuable when proving fault. For instance, drug paraphernalia found at the scene of a car accident may be used to show that a driver was impaired at the time of the crash. Or, a defective piece of safety equipment may be brought in to demonstrate how the faulty product contributed to a construction site accident.
However, not all physical evidence may be preserved or easily brought into court. Fortunately, other forms of evidentiary documentation may be implemented.
Photos from the Scene
Photographs from the scene of an accident can also be used to prove fault for a personal injury. For example, photos of a malfunctioning light fixture can be used to show that poor lighting contributed to a slip and fall. Furthermore, photos of a crushed vehicle may be used to show that a defendant driver was travelling at high speeds when a harmful collision occurred. Photos of a victim’s immediate injuries can also be used to show that they were hurt because of another party’s negligence.
Therefore, after suffering a personal injury, you should always attempt to take photos at the scene of your accident if possible. Our lawyers can help review the photos during your free case review.
Expert Witness Testimony
Expert witnesses are considered experts in their respective fields because they have the requisite education, training, and experience. These types of witnesses are often summoned to explain complex theories of fault. For example, after a defective product accident, an engineering expert may be called to demonstrate how the product was defective. Further, after a harmful motorcycle crash, an accident reconstruction expert may be summoned to help determine who was at fault. Medical experts can also explain the specific injuries a victim has sustained and their likely physical recovery based on their current status. Our attorneys can help call on the right experts to support your case.
Medical Records
Because your claim is an injury claim, you must prove that you are, in fact, injured. To do this, our lawyers will use your medical records. Since a victim’s medical records are crucial to any injury claim, victims should seek immediate medical care following an accident. You should do this, even if you think your injuries are minor and do not require treatment. Even seemingly inconsequential injuries, like bruising or soreness, could be an indication of a more serious injury just lying under the surface. Continue to get the proper care and treatment from medical professionals and specialists. When you build medical evidence of your injuries, you can more easily establish your need for recovery in New York City.
Personal Recollections
Lastly, your personal recollection of your accident can be very helpful to our personal injury lawyers when proving fault. It is difficult to know which details surrounding your accident will become important at a later stage of your case. Accordingly, you should record a personal recollection while your memory is fresh. The details you provide may be crucial when building your case.
The Statute of Limitations for Filing a Personal Injury Lawsuit in NYC
Your recovery will hinge on your ability to file a claim before the deadline for personal injury cases in New York City. Missing this deadline will put you at risk of becoming financially responsible for covering your own damages.
Most personal injury claims must be filed within three years. There are different statutes of limitations for medical malpractice claims, wrongful death claims, and claims against government agencies. If you are unsure which deadline applies to your case, ask our attorneys to ensure you do not miss it.
Rarely do exceptions to the statute of limitations apply to personal injury claims. While you might be granted tolling for delayed discovery in your case, especially if you were unaware of your injuries for some time after an accident, that is not guaranteed. For example, suppose you were involved in an auto accident and chose not to get medical care, only for injuries to appear in the weeks and months following your incident. In that case, a judge might decide that you should have known about your injuries sooner had you sought the necessary medical attention. Because you should have reasonably known about your injuries sooner, tolling for delayed discovery might not apply.
So, what happens if you do not bring your claim within the statute of limitations? Should you delay filing for too long, you will be unable to hold a negligent party accountable for your injuries. Furthermore, you might be unable to recover compensation in an insurance claim. This could leave you with overwhelming medical bills and lost wages. Preventing this from happening is of the utmost importance, which is why our attorneys will aim to help you file your claim well before the deadline in New York City.
Our New York City Personal Injury Lawyers Can Help
For help with your case from our personal injury lawyers, call The Carrion Law Firm now at (718) 841-0083.