Personal injury claims are complicated, and the compensation you'll receive often depends on the type of accident and injury, New York’s applicable personal injury laws, and what kind of legal representation you have.
If you’re on the lookout for a solid personal injury lawyer, asking your family, friends, or colleagues might be a good place to start. Of course, there's no way to guarantee you'll acquire a decent lawyer this way, so it is best to review the websites of leading New York personal injury law firms, such as Rosenberg, Minc, Falkoff & Wolff, LLP. We have a proven track record of large settlements and verdicts, and have recovered more than a billion dollars for our clients in New York.
There are legal intricacies involved in personal injury cases, so you must choose a lawyer who can build compelling evidence and hold all the negligent parties liable for your injuries and losses. When dealing with complex legal issues, it’s crucial to ensure that your attorney has the necessary background, experience, and knowledge to help you win what could be one of the biggest battles of your life. The following are some tips to help you choose the best personal injury attorney in New York.
Choose a Lawyer that Specializes in Personal Injury
Personal injury claims encompass a wide range of circumstances, from car accidents to slip and fall injuries, dog bites, medical malpractice, premises liability, construction site accidents, workplace injuries and more. An attorney who focuses on personal injury law is knowledgeable about the details and nuances of injury cases.
For example, if you need help getting compensation for damage from a defective product, look for an experienced products liability attorney. These lawyers deal with product liability cases every day, so they understand the ins and outs of these cases—they know how to investigate effectively and prove what happened.
A general practice attorney may not have as much experience with personal injury or with the people involved in these types of cases. They’re likely to be unready for anything that might arise during a trial and will almost certainly struggle if any unexpected problems arise. Based on this, a personal injury attorney will have knowledge of the specific types of injuries, people involved in accidents and the insurance companies. This can help them craft a more convincing argument and ensure that all the bases are covered.
Select an Attorney Whose Trial Experience is Extensive
Many personal injury cases are settled out of court. But for those that aren't, a lawyer with extensive trial experience will be required. Trials can be tricky. The strategy and tactics of the other side may leave you unprepared for what comes next. You'll need a lawyer who knows what to expect, including potential weaknesses in your case that the other side might be able to exploit. They'll be familiar with how the other side will likely behave, which gives them an advantage as they plan for trial and argue their case.
A lawyer with experience in litigation will know how to prepare for trial, cross-examine witnesses, and obtain evidence that may be necessary but not yet available. This makes them more likely to win your case and get you a better settlement. The thing about trial experience is that it takes years of practice to get there.
So while the outcome of a case cannot be predicted, lawyers with trial experience generally will have a better idea of how the case will play out, which can be advantageous for your claim. A lawyer who has taken the cases to a courtroom will have negotiated cases similar to yours in the past and, as a result, be more likely to obtain a favorable outcome for your case.
Hire a Lawyer with a Track Record of Wins and Big Payouts
A lawyer who has put together sizable settlements or verdicts in the past is likely to be effective because they've already shown that they have the experience necessary to win significant court cases. If they haven't worked on many cases, that's not necessarily a bad sign, but it can tell if their record is full of small settlements or no settlements.
A lawyer who wins prominent settlements will have more experience negotiating with insurance companies and building a case that can win over juries. However, it's important not to get caught up in high numbers alone—big cases can be counted as wins even if they ultimately don't end up in a settlement or verdict. If there's only one major case on their record, make sure to find out how it was resolved.
Attorneys with success record may also be more adept at getting witnesses, medical professionals, and other experts on your side—in some cases, it could save money to hire your own expert witness instead of relying on one provided by your lawyer. As an expert on your situation and its laws, they'll also be able to negotiate better, including knowing when to settle and when to take it to court. This can make all the difference in getting the settlement you deserve and protecting your rights if you wind up going to trial over your case.
Choose an Attorney Who is a Member of State Bar Association
All states require lawyers to be licensed, which means they have met a certain standard of training and education, passed an exam, and are held to the rules of that particular state's Bar Association. Each state has its own Bar Association, which creates and enforces ethical standards, trains and educates lawyers, handles disciplinary issues, drafts laws for the state legislature, and helps with public outreach to educate consumers about their rights under the law.
The lawyer you choose for your injury case will play a significant role in the outcome of your case. Check if they are an active member of the state bar association, the American Bar Association, and any pertinent local bar organization. The more a lawyer participates in these organizations, the more likely they will remain current on relevant news and legal developments.
These organizations provide valuable resources for members, including insurance support and educational opportunities to keep them up-to-date on current laws and cases. Membership speaks volumes about the attorney's experience and dedication to their profession. You want to be represented by someone who is not only well-versed in their area of law but also passionate about what they do—someone who is going to work hard to get you the best possible result in your case.
Get an Attorney with Vast Resources and Network
When looking for a lawyer to take your case, you want to find one with plenty of resources. That means they have a team of specialists ready to work on your case and willing to invest time and money into the case.
If a law firm has invested in the latest technology and research, it's more likely that they'll be able to find evidence that can help you win your case. It also means that you can trust them to represent you adequately because they don't have to rely on cheap tactics or shortcuts. They will do whatever it takes for you, whether getting multiple experts on your side or working with prominent legal professionals in the field.
Another vital resource is time. A lawyer that's too busy to work on your case will pass it off to an assistant or associate, and you may never really see the person working on it. Again, this can lead to communication problems and missed opportunities throughout the process.
You also need to consider the lawyer's financial resources. The costs of filing a lawsuit and going through the legal process can add up quickly, and if your lawyer doesn't have the funds needed to pay for things like expert witnesses or court fees, you'll have to pay for those yourself. And if you're represented by someone who doesn't have any money during negotiations, you might have less leverage when negotiating a settlement, which could cost you more money in the long run.
Legal Help is Here from Trusted Personal Injury Lawyers in New York
Accidents can happen when you least expect them, and dealing with the aftermath is never easy. If you have been injured in a car accident, truck accident or a slip-and-fall accident, we can help you understand your rights and pursue compensation from the at-fault parties for your injuries and losses.
At Rosenberg, Minc, Falkoff& Wolff, LLP, we believe you deserve honest answers about how the law affects your claim to compensation. Our team of top attorneys in New York can help you quickly understand the critical legal steps you should take. We are well-versed in complex personal injury laws and procedures to provide the kind of strong advocacy needed for your case.
So don't let stress or worry get in the way of recovering from your injuries and moving on with your life. Let us handle all the hard work so that you can focus on getting better. We have earned a reputation as a leading personal injury law firm because we fight tenaciously for our client's rights — always putting their needs first. So if you've been injured due to someone else's negligence or wrongdoing, contact us at 212-344-1000 for a free consultation and case review or fill out this online form today.
Why is Having a Personal Injury Lawyer Important?
When you are injured in an accident, it can seem like your whole world has turned upside down. One moment, you’re going about your everyday life. Next, you’re involved in an accident, and now your life has dramatically changed. You might have suffered serious injuries, which may result in prolonged pain and suffering and loss of work. Dealing with the long recovery process and expenses and losses that accompany an accident can be overwhelming.
While it is possible to file a personal injury claim without the assistance of an attorney, the complexity of New York’s tort laws and their application to your unique case makes it an astute idea to enlist the help of a robust and dedicated personal injury law firm. Here are six reasons why you should consider having an experienced personal injury lawyer to represent you in your motor vehicle accident, slip-and-fall, or other injury claims.
Your Lawyer will Offer Objective and Legally Sound Advice
It's hard to be objective when you've just been injured in an accident, or someone else has accidentally caused you harm. You're hurt, in a lot of pain, and probably dealing with the medical costs associated with your injury.
Moreover, you may feel overwhelmed by the insurance company, the legal system and its jargon. Although you don't want to rush into anything, waiting too long can prevent you from getting everything you deserve. Therefore, it's essential to find an attorney to help ensure those steps are taken correctly and effectively.
Your lawyer will be there to answer all of your questions about the claims procedure, from insurance coverage to medical treatments and beyond. You might want to settle as quickly as possible so that you can move on with your life, but your attorney will advise what is best for your case rather than what is best for you personally.
To do so, they will help guide you through all phases of the legal process — from filing medical expenses with your health insurance provider to negotiating settlements with insurance companies and preparing for trial if necessary.
Your Lawyer will Help You Receive the Right Medical Treatment
You may not think of it as a necessity, but when you're dealing with the aftermath of an injury accident, having a personal injury lawyer is crucial for getting the medical care that you need. In many cases, auto insurance companies will not pay for your medical bills without written documentation from your doctor.
It might seem like something you could handle on your own, but this is much more complicated than it looks. For example, if you seek treatment from someone who is not a specialist in auto accident injuries and don't know how to bill auto insurance companies, they might refuse to treat you or refer you to someone who can help.
You also may want to get treatment quickly while your injuries are fresh and before they become chronic—and in some cases, this requires speedy action by doctors who understand the nuances of how auto insurance companies operate. Unfortunately, while some doctors are willing to go along with these demands, others do not have the knowledge or experience to ensure that insurance claims are submitted properly.
A personal injury lawyer can also help you access all of the documentation you need from the insurance company, as well as help you understand what the medical bills mean and how your insurance company should pay for the injuries sustained in an injury accident.
Your Lawyer will Negotiate Hard with the Insurance Company
When dealing with a severe injury, trying and handling everything on your own can be tempting. After all, you've been handling everything else related to the accident just fine on your own, so why would the insurance claims process be any different? But that's putting yourself at risk for an even more significant loss—without an experienced personal injury attorney on your side, you could end up settling for less money than you deserve.
Insurance adjusters are trained experts in negotiation, so they'll try their best to come up with reasons you shouldn't receive the settlement or amount you were expecting. They know all about playing hardball and throwing out lowball offers in an attempt to force you into accepting less than what you're owed.
Based on this, when it comes to negotiating your claim after a car accident or other personal injury, they have the experience and knowledge you don't have. Unfortunately, as much as we'd like to tell ourselves otherwise, not everyone is comfortable in this situation or knows how to handle it properly.
Having a personal injury lawyer who has dealt with insurance companies before gives you the upper hand in negotiations. They know what records to look for and what questions to ask witnesses and investigators to get answers that can help your case.
Your Lawyer will Fulfill All Legal Requirements to Establish Liability
The legal system is complex, and it's easy to get lost in the details. You may think that person should be held responsible if you are injured because of someone else's negligence or intentional wrongdoing. But the reality is that proving liability in a personal injury case is not as simple as making an accusation.
The first step in proving liability is understanding what the definition of "proof" means in this context. Proof means more than just confirming that something happened - it means being able to show how and why it happened, using facts as support for your conclusion.
Just because you were hurt doesn't mean someone else was at fault. There could have been extenuating circumstances or other factors contributing to the accident. An accomplished and formidable lawyer will understand these requirements and make sure that all necessary evidence is presented in court so that you can win your case.
The law is complicated, but personal injury lawyers are experts in navigating these murky waters. They know how to evaluate your situation, craft a strategy for proving liability, and gather evidence that supports your claim. Speaking with a personal injury attorney is the best way to get a sense of what options are available to you and how you can get fair compensation for your injuries.
Your Lawyer will Help You Avoid Pitfalls
A personal injury lawyer can prevent critical mistakes that could lead to your case being thrown out of court or your claim getting reduced. Most injured victims are overwhelmed with the ongoing medical treatment in the initial stages following an accident. They aren't yet ready to face the financial aspects of their care and can't even think about what comes next.
Unfortunately, many victims make critical mistakes during this period because they don't have a clear understanding of the legal process that follows a personal injury or because they're being pressured by insurance adjusters who will do anything in their power to minimize their client's claims.
The law also requires strict procedures for filing a personal injury lawsuit in civil court. A personal injury lawyer can help protect you from common pitfalls that may dismiss your case. If you fail to file the correct paperwork at the right time, for example, or if you fail to follow other procedural rules, your case might be dismissed without a trial and without allowing you to make your case in front of a jury.
Even worse, if those procedural errors are major ones and they might not even seem like significant issues at first glance, the judge could take it upon himself to dismiss the case entirely—without letting you have your say in court.
Similar problems can arise later in the process if certain deadlines aren't met, or witnesses aren't properly notified. With all of this at stake for such a traumatic life experience, it's worth having an experienced professional who can ensure that you get back on your feet as soon as possible.
Your Lawyer will be Prepared to Take the Case to Trial if Necessary
While most personal injury cases are settled out of court, some claims are too complicated or serious for this option. If you're in a situation where the other party denies fault or refuses to participate in the claims process, your claim will likely go to a trial.
Trials are lengthy and costly and can emotionally drain all parties involved. They require extensive preparation, including research, witness interviews and depositions, and evidence collection.
Most people won't have the resources to pursue a case through trial, but an experienced lawyer will be familiar with all of the ins and outs of litigation and can help guide you through the process. If you do have to go to court, having a lawyer who's done it before will make sure everything goes smoothly and that you're protected from any situations that could potentially harm your case.
Although there are no guarantees of winning in the courtroom, a lawyer who has tried cases before will know what evidence to gather and how to prepare for trial. They'll also know how to represent your interests best when negotiating with the other side in an attempt to settle out of court.
Consult with Experienced New York Personal Injury Attorneys to Protect Your Rights
Being involved in an accident can be a devastating experience, and more so if t was caused by someone else's negligence. At Rosenberg, Minc, Falkoff & Wolff, LLP, our highly rated New York personal injury lawyers understand this reality. We are dedicated to providing top-notch legal representation and obtaining the maximum possible compensation that our clients are entitled to for their injuries and losses.
We'll take care of all the groundwork, collect strong evidence, negotiate with the insurance companies, deal with the medical professionals and hospitals, keep track of all relevant deadlines and dates, and finally make sure that you get the compensation you deserve so that you can focus on getting better. We don't just want to win your case; we want to help you heal from whatever pain you've suffered at the hands of another person's negligence or recklessness.
With decades of experience in personal injury law and representing clients throughout New York, our firm is here to help you through this stressful time by taking care of all the legal aspects of your case. To schedule a free consultation, call us at 212-344-1000 or complete this online form so that we can get started immediately.
What Do I Do In A Car Accident?
No one thinks that they could be involved in a devastating car accident, but unfortunately, the possibility is a reality for many New Yorkers. When you've been injured in an accident, it's natural to feel lost and confused about how to proceed. Questions about protecting yourself and your rights may overwhelm your mind, and you may require help figuring out where to start looking for answers.
Whether you've been involved in a multi-car pileup, a minor fender bender or a head-on collision, below are steps you should take following a car accident on New York roads.
Step 1: Stay Calm
In the heat of the moment of an accident, it's natural to feel shocked or scared about what will happen next—but it's essential to stay calm. The adrenaline flowing through you can cloud your judgment and make it difficult to see things clearly. Staying calm allows you to take stock of the situation and devise an appropriate course of action. In addition, being able to process information rationally can help reduce any chance of rash decision-making that could complicate the legal battle down the road.
Step 2: Seek Medical Attention
Call 911, or go directly to the nearest emergency room. While it may not seem like it, accidents can happen very quickly, and you may be hurt in ways that aren't immediately apparent. You might not feel anything at all in the moment, but a few hours later or even the next day, you could start experiencing pain due to your injuries.
In addition, you could have internal bleeding that's giving you no noticeable symptoms. By the time you get to a hospital, that blood could have already accumulated enough to cause irreversible damage. The right care at the right time can make all the difference in how bad your injuries are and how long they take to heal.
Step 3: Exchange Information
Get contact information from everyone involved: names and addresses, license plate numbers, driver's license numbers, and other identifying information. If any witnesses are present at the scene, get their names and contact details to get a few different perspectives on what happened.
This may seem like an unnecessary step when you're shaken up and in pain, but it will make things much easier for everyone - the more information you have at your disposal, the easier it will be for both insurance adjusters to figure out fault and for police officers to file an official report.
Step 4: Call the Police
New York state law requires all drivers involved in an accident to call the police when someone is injured or killed. Even if there are no injuries or fatalities, it's best to call law enforcement. The police will be able to help make sure everyone involved comes out of it without being at risk of personal injury or fraud.
They'll come to the scene, take notes about what happened, and file a report, which will be used later if the situation escalates into a legal issue. Besides, if someone is hurt, they'll make sure emergency services are dispatched to help out.
Step 5: Accumulate Evidence
Pay attention to every detail you can remember, and record anything that was out of the ordinary that you couldn't have possibly anticipated. Take photos of any skid marks or other marks on the road that show where you were when the crash occurred and any dents or scratches on your car or the other vehicles involved.
Make sure you get shots of all four sides of your vehicle and surrounding areas, including nearby street signs, traffic lights and buildings. Also, take pictures if there was an altercation between drivers before or after the accident. Write down everything leading up to the accident, including who was at fault and what caused the collision.
Step 6: Notify Your Insurance Company
Your insurance company will be your first point of contact after a car accident. Let your carrier know the nature of your claim and provide relevant details, like the make and model of vehicles involved, contact information for the other driver, and the extent of any injuries sustained. If the accident is serious, an insurance adjuster may inspect the scene and begin assessing liability.
It's crucial for them to get a full picture of what happened and how the damage was sustained, so be cooperative and answer their questions as accurately as possible. You will likely be asked who was at fault and what injuries were caused, but don't speculate about these things—be straightforward, honest and don't exaggerate.
Step 7: Collect Medical Records & Other Documentations
It's challenging to remember every little detail in the aftermath of an accident. Many people have so much going on at once that they might not even be able to focus on taking care of their own basic needs, let alone sorting through all the paperwork that comes after an accident occurs.
If you've visited the hospital or gotten treatment from a doctor, ask them for copies of your records. This will be used in the future during any legal proceedings and will help determine how much money you may be entitled to receive for your injuries.
Step 8: Hire a Personal Injury Attorney
If you've been involved in a motor vehicle accident, you must contact a leading car accident lawyer in New York as soon as possible. The first few days after an accident are crucial (because the evidence is still fresh) and your actions during this period will likely determine whether or not you'll be able to recover compensation for your injuries. This is when an experienced car accident attorney can help the most.
A capable New York personal injury attorney can take on your case and negotiate with the insurance companies responsible for paying your medical bills and covering the costs of lost wages and property damage. If you don't have an attorney helping you, then it's much more likely that the insurance companies will try to settle for as little money as possible.
Most importantly, if you've been injured in a car accident, recovery from your injuries will take time and may involve significant pain and suffering. A car accident lawyer can fight on your behalf with the insurance company and all potential defendants to protect your right to financial compensation. So, you can focus on getting better.
What Not To Do After A Car Accident?
After a car accident, it's vital to seek professional help as soon as possible. But in the meantime, there are some things you should not do:
Choose the Proven and Trusted Car Accident Lawyers in New York to Maximize Your Compensation
A personal injury lawsuit can often cause stress and anxiety as the case is filed and moves forward through the process. Between physical injuries and medical bills, new expenses, urgent repairs, insurance claims, and lost work wages, repairing your life after a car accident can be overwhelming.
Taking this into account, knowing your options will help you feel more comfortable throughout the entire experience. If you have been injured in an auto accident due to another party's negligence, consult with our experienced car accident attorneys immediately to get your life back on track.
At the Law Offices of Rosenberg, Minc, Falkoff & Wolff, LLP, our legal team is experienced in helping auto accident victims get compensation for their injuries and other damages. From filing your claim to negotiating a settlement and even going to court if necessary, we will be there for you every step of the way. Our goal is not only to get you the compensation you deserve but also to ensure that you are fully informed throughout the process so that you have complete peace of mind during your recovery.
We know that every client is different, and every case is unique, so we take the time to listen to your story and understand what happened during your accident. Call us today at 212-344-1000 or contact us online for a free and confidential consultation.
|$15 Million - Jury Award for Brain Injury|
|$15 Million - Neurosurgical Brain Injury|
|$10.5 Million - Injured Infant Brain Damage|
|$9 Million - Brain Injured Baby Settlement|
|$7.75 Million - Settlement Injury To A Child|
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|$7.25 Million - Intersection Accident Settlement NYC|
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|$4.125 Million - Failure to Diagnose Quadriplegia|
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|$3.8 Million - Electrician|
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|$3.28 Million - Eye Surgery Case|
|$3.15 Million - Settlement for a Brooklyn Laborer|
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|$2.6 Million - Surgical Error Premature Death|
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|$2.5 Million - Hospital Malpractice Toddler Hemiplegia|
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|$1.8 Million - Failure to Diagnose Tumor|
|$1.75 Million - Diagnosing Prostate Cancer|
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|$1.5 Million - Delay in Treatment - Nerve Damage|