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.
Common Causes of Personal Injuries in NYC
Personal injuries can stem from many different causes. Our lawyers can help recover compensation for injuries related to car accidents, construction site accidents, slip and fall accidents, defective product accidents, and dog bites, among others.
Car accidents are an extremely common cause of personal injury in New York City. When motorists act carelessly and recklessly behind the wheel, harmful collisions can occur. There are many different forms of negligent behavior that lead to car accidents. These include speeding, drunk driving, reckless driving, distracted driving, and drowsy driving, among others. Our lawyers can help hold careless drivers liable for crashes they cause.
Construction Site Accidents
Construction site accidents are also a common source of personal injuries in New York City. In some cases, injured workers will be able to file personal injury lawsuits against at-fault parties. However, other victims may have to seek benefits through Workers’ Compensation insurance. Construction site accidents do not have to involve workers. In fact, it is not uncommon for passersby and pedestrians to be injured when passing by construction sites, especially in places like New York City, where such work is constantly being carried out. If you were injured in a construction site accident as a passerby, you might be able to file a personal injury claim against the company ultimately responsible for causing your injuries.
Slip and Fall Accidents
Slip and fall accidents are another common cause of personal injuries in New York City. Property owners are supposed to maintain their premises for the safety of their visitors. When owners do not provide proper upkeep and maintenance for their properties, serious slip and fall accidents can occur. Victims of such accidents may be entitled to multiple forms of monetary damages. Slip and fall accidents might occur in retail stores, especially when staff do not provide the proper signage indicating a hazard, like a wet floor. Such accidents can also occur in restaurants, homes, or apartment buildings, among many other places. Typically, when slip and fall accidents take place, victims have the right to sue the property owner for negligence.
Defective Product Accidents
Additionally, many people suffer personal injuries because of defective and dangerous products. For instance, a car accident may occur because of a vehicle’s defective braking system. Or, a child may suffer a choking injury because a small part became detached from a defective children’s toy.
Manufacturers can be held liable for harm caused by their defective products. However, proving fault in these cases can be complicated. Expert witness testimony is often required to explain why a product is defective. Accordingly, the assistance of our experienced lawyers can be highly beneficial when building such a case.
Lastly, attacks from dogs are also a common cause of personal injuries in New York City. Dog owners can be held liable for harm caused by their pets. If you suffered a dog bite, you should record the owner’s contact information, the age of the dog, and the breed of the dog. Afterwards, you can get in touch with our lawyers for help determining if you may be entitled to financial compensation.
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.
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.
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.
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.
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.
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.
Filing Deadline for Personal Injury Claims 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.
Call Our Personal Injury Lawyers in NYC for a Free Case Evaluation
For help with your case from our personal injury lawyers, call The Carrion Law Firm now at (718) 841-0083.