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What are personal injury claims and what cases does a personal injury attorney handle?

A personal injury attorney provides legal representation to persons who claim to have suffered an injury due to the carelessness of another individual, organization, or entity. The injury in question may be either physical or psychological in nature, but the most important criterion is that it should have been caused by the negligence of another party.

claims personal injury cases

A personal injury attorney provides legal representation to persons who claim to have suffered an injury due to the carelessness of another individual, organization, or entity. The injury in question may be either physical or psychological in nature, but the most important criterion is that it should have been caused by the negligence of another party.

Personal injury cases in New York are tried under the area of civil law called tort law which covers not just injuries but also cases of defamation and actions in bad faith and acts that have resulted in a breach of contract. The main objective of these laws is to provide financial compensation to make the affected individual whole again. Equally important, they also serve as a strong deterrent to prevent other persons from committing such offenses.

What Types of Injury Cases Does a Personal Injury Lawyer Handle in New York?

Personal injury lawyers in New York work to protect the rights of their clients. The accident victim who claims to have been injured (called the plaintiff) can ask for damages from the party at fault (called the defendant). Plaintiffs can raise claims for the losses they suffered, including:

  • Medical treatment expenses
  • Pain and suffering are both present and expected in the future
  • Loss of earning capacity
  • Loss of companionship or consortium
  • Legal fees

Being represented by an experienced personal injury attorney can help ensure that you receive the compensation you rightfully deserve in the following types of personal injury cases in New York City:

  • Automobile accidents
  • Bicycle accidents
  • Pedestrian accidents
  • Aviation accidents
  • Boating accidents
  • Motorcycle accidents
  • Slip and fall accidents
  • Traumatic brain injuries
  • Spinal cord injuries
  • Animal bite injuries
  • Burn injuries
  • Construction accidents
  • Bad faith claims
  • Nursing home neglect or abuse cases
  • Defective product accidents
  • Medical malpractice cases
  • Wrongful death cases

What is the Role of a Personal Injury Attorney in NYC?

Personal injury attorneys play an important role in all stages of the litigation process right from the inception of the case till the final appeal. When prospective client approaches a personal injury lawyer, they conduct an initial case evaluation to determine the merits of the case.

Once they agree to take up the case, the lawyer will help to gather the necessary evidence and build a strong case in a manner that indicates that they are willing to go to court. If, however, the other party proposes a settlement, a seasoned NYC personal injury lawyer can also handle the entire negotiation process so as to get you a settlement that fetches maximum compensation.

The entire legal process of drafting pleadings, discovery requests, interviewing witnesses during the deposition process, and actually handling the court trial will be managed by the personal injury attorney. Throughout this process, the lawyer will also act as a counselor to advise their client about the best way to deal with legal obstacles and other difficulties posed in their case by the adversaries.

Not all injury cases are the same and therefore, over the years, personal injury attorneys are likely to specialize in a particular niche such as motor vehicle accidents, or medical malpractice cases or nursing home abuse cases, and so on. However, it is best to hire a law firm with a solid team of lawyers with expertise in multiple personal injury areas.

When do You Need to Hire a Car Accident Lawyer in New York?

Motor vehicle accidents are growing more common and data from the Bureau of Justice Statistics show that car accidents account for the majority of personal injury cases filed across the United States. Distracted driving, speeding, and driving under the influence of alcohol or other prohibited drugs are responsible for some of the most damaging accidents and can leave victims with extensive injuries that can take years to heal.

If you or a loved one has been seriously injured in an accident either as a pedestrian or while driving your own car, and if your medical expenses and other damages exceed the limits of your no-fault insurance, it is best to consult an experienced car accident attorney who can help you recover the compensation that is your rightful due from the party at fault.

Do Personal Injury Lawyers Handle Workplace Injury Cases?

Accidents at construction sites and related workplaces include the following:

  • Gas drilling injuries
  • Fracking injuries
  • Logging injuries
  • Construction injuries
  • Machinery injuries
  • Heavy equipment injuries
  • Utility worker/ power linemen injuries

These cases are quite complex and not all personal injury attorneys have the necessary experience to handle them. With that said if you or a loved one has been injured in a workplace injury, you should make sure the lawyer you consult has a thorough knowledge and the required expertise to take up your case. Most victims of workplace accidents in New York can claim benefits from workers’ compensation.

In certain situations, there may be other options also available to seek damages such as a negligence claim against a third party who breached their duty of care or a deliberate intent claim against your co-worker or supervisor or employer.

Hiring an Expert Wrongful Death Attorney in New York City

If a person dies in an accident caused by the negligence of another individual, the personal representative of the deceased person’s estate can bring a wrongful death claim. Wrongful death cases may arise from different types of personal injury such as car accidents, medical malpractice, construction site accidents, and defective product accidents, and so on.

Under New York law, pecuniary damages are awarded in a wrongful death case in compensation for losses such as the loss of wages and expected income, the loss of work benefits, and the loss of inheritance. Besides, it can also be possible to seek compensation for the medical treatment provided before the death of the loved one as well as expenses related to their funeral and burial.

The legal aspects of a wrongful death case in NYC are quite complex and therefore, it is vital that you engage only the best wrongful death attorney to build a solid case so that you get the justice you deserve.

Nursing Home Abuse Personal Injury Lawyers in New York

Nursing homes and other places that provide assisted living facilities are required by the law to ensure their residents get a specified level of care. A failure to provide this care can make them legally liable for the injuries suffered by the residents, regardless of whether the injuries were through intentional or unintended acts.

If you have a loved one living in a nursing home, you must look out for unexplained bruises, scars and welts, dislocations, bedsores, broken bones, weight loss, malnourishment, soiled bedding, dehydration, and any form of unusual behavior. All of these could be an indication that they are either not receiving the necessary care or that they are being physically or otherwise abused by the nursing home staff.

Nursing homes will have the best personal injury lawyers representing them and when you go up against such strong entities, it’s critical that you also hire a seasoned nursing home neglect attorney to handle your case.

Personal Injury Attorneys for Defective Product Accidents in New York

Any organization that designs, manufactures, and sells an article is legally required to ensure that its product is safe to use. If a product is defective and it results in harm to the end-user, the manufacturer of that product can be held liable for the injuries and the accident victim can claim damages from them.

Whether it is mechanical equipment, a medical device, or a prescription drug that did not function as it was expected to, the affected person can file a product liability case to seek compensation. The corporations that make products are powerful entities with the top legal brains representing them and this means that in order to win the damages you deserve, you must hire the best personal injury attorney in New York with expertise in product liability cases.

Select a Top-Rated Personal Injury Lawyer in New York City

Being injured in an accident can be a turning point that determines the course your life takes in the years to come. If your injuries have been caused due to the negligence of another individual, they should be made to at least provide the money required to overcome your financial setback. At Rosenberg, Minc, Falkoff & Wolff, LLP, our compassionate personal injury lawyers will fight to get you the compensation you deserve.

When you come to us for a free consultation, one of our experienced personal injury lawyers will examine the facts of your case and give you the best assessment of the damages you can expect to recover. Once you decide to work with us, we will help you collect all the necessary evidence and put together your claim backed by testimony from the best medical and financial experts.

Whether it is negotiating with the other side’s insurance company or pursuing your case to a court trial, we ensure that you don’t lose your rights to maximum compensation. Call us today at 212-344-1000 for a free case review or contact us online and our lawyers will get back to you right away.

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April JohnsonApril Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin RousseyBenjamin Roussey
19:03 29 Jun 23
No firm gets it done like RMFW. They are the best.They are awesome - for sure.
Roberto MartinezRoberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio OchoaJulio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha NeriAisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki RAoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael LevitesMichael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..