When you get involved in an accident due to another’s fault, you would naturally have concerns about how to pay for your treatment and recover from your injuries and losses. You might not think about your right to recover financial damages from the at-fault party.
When you are injured, it can be easy to underestimate the mounting costs of medical bills, loss of income, and prolonged pain and suffering that may follow. After all, most people just want to get better quickly. But if you want to ensure that you receive your rightful compensation for your injuries, you must understand how the legal process works—and that means understanding how to prove liability and prove damages.
Defendants in personal injury cases will usually attempt to avoid liability by using a variety of legal arguments. They will also employ their own lawyers and insurers to assist them in this endeavor. The insurance companies are powerful and have a battery of lawyers who will work hard to put the blame on you and try to escape from their liability for your injuries and losses.
You will have to establish the legal elements under the theory of personal injury liability in New York in order to prove that a defendant is liable for your injuries in a car accident. In most cases, your lawyer will argue that the defendant is liable for your injuries based on negligence. It will require your legal team to establish direct as well as circumstantial evidence to prove that the defendant's negligence caused you harm.
Legal Elements to Prove Negligence
Negligence is the breach of a legal duty or a failure to exercise reasonable care, which results in injury or damage to another. It may occur in a contract where one party fails to meet an obligation or injuries, for example, through negligent driving or medical malpractice. The key elements to prove negligence in New York include:
In a personal injury case, liability is the defendant’s responsibility for causing your injuries. The plaintiff must prove that the defendant was at-fault for the accident. In a civil case, liability is decided by a jury. The jury must decide based on the evidence presented by attorneys for both sides.
The injured victim often has to prove their case by a preponderance of the evidence. This means that it’s more likely than not that the defendant caused your injuries. And this can be proved when you have a highly rated and resourceful personal injury lawyer in NYC thoroughly investigating your case.
Choose an Attorney with Strong Resources and Skills to Investigate and Prove Your Injury Claim
Personal injury cases rarely have simple or straightforward solutions. The law is complex, and every detail of a case makes a difference in the outcome. For this reason, you should consult an attorney with experience in investigating personal injury cases. These cases can be challenging—but working with someone who knows the laws and regulations governing them will give you your best chance of success.
The investigation process in a personal injury claim includes the following:
But sometimes, your lawyer can’t get some things without filing a lawsuit. That’s because some documents—say, from the insurance company or a doctor—are only available once you file a lawsuit. This is called discovery.
Discovery is when each side in a case uses legal tools to gather information from the other. It’s how an attorney can continue investigating your claim and gather additional evidence to help prove your case if you end up in court. In a nutshell, discovery is used to gather evidence and ensure each side has access to all the information they need to prove their case.
During a personal injury lawsuit, your attorney may gather evidence by means of depositions, interrogatories, requests for admissions, and the production of documents.
Evidence in Personal Injury Cases
Every case is different, so no one can predict exactly what evidence will be necessary for yours. Your attorney will tell you exactly how many photos and how much medical documentation, police reports, witness statements etc., they think are required. But here are some general ideas of what types of evidence should be gathered at each stage:
The Accident Report
The police report can be an essential piece of evidence in a personal injury lawsuit, especially if you were not the only person involved in the accident. If a police officer had responded to the scene, they would have filled out an accident report. The investigating officer will describe what happened, who was involved, and where and when it happened. Witnesses may have been interviewed at the scene, and their names will also be on the report.
Videos and Photos
Visual evidence can be instrumental in building a personal injury case. While many courts will accept photos and videos taken by witnesses or law enforcement, it may be in your best interest to hire an experienced attorney to gather visual evidence. In some cases, these photos and videos are the only way the court will know how an accident occurred.
For example, if you were in a car accident, evidence such as surveillance camera footage can show that another driver ran a red light or made an illegal turn before hitting you. Your attorney can also get proof from traffic cameras if necessary.
Medical records are documents written by medical providers detailing the care you received for an injury or illness. These records can be used in personal injury cases to prove that you did sustain an injury during an accident or that another person's negligence caused your injuries. In addition, records from specialists such as psychiatrists, psychologists, therapists, and other health care professionals can be used as evidence of emotional distress damages in personal injury cases.
You will need to demonstrate the full extent of your injuries and the costs you have incurred in treating them—medical bills from doctors, hospitals, and rehabilitation bills are all common evidence in personal injury cases. In most cases, you will also have additional out-of-pocket costs—these often include prescriptions, follow-up doctor's visits, home healthcare aides or therapy sessions, and sometimes even non-medical expenses such as missed work.
In detailing these losses, you will also want to include all relevant insurance statements. This includes health insurance information and any other insurance that might have covered any portion of your treatment or care.
Legal Help is Here from Experienced New York Personal Injury Attorneys
Personal injury cases are complex. At Rosenberg, Minc, Falkoff & Wolff, LLP, we take a hands-on approach when investigating, proving, and negotiating our client's claims with the liable parties. Our attorneys are dedicated to providing personalized service that meets or exceeds your expectations. When you hire us, we will handle all aspects of your case from start to finish, including:
We have a reputation for taking on big insurance companies and winning significant settlements and verdicts for the injured victims. We have successfully litigated many personal injury cases with highly favorable results for our clients. If you or someone you love has been injured in an accident, please contact us today for a free consultation and free evaluation of your case. Call us at 212-344-1000 or write to us online.
How Do I Find a Good Lawyer For Personal Injury?
Achieving the best possible outcome for a personal injury claim in New York often comes down to selecting the right lawyer. While you may feel that this is an area where it's acceptable to go with the first lawyer you talk to, it's important to remember that your injury case will likely be complicated, and working with a proven and resourceful lawyer from the beginning can save you from having to go through painful setbacks later on.
While choosing the best lawyer might seem like a proactive thing to do, remember that you could be hurting your lawsuit prospects by not taking an active role in finding the right lawyer for your needs. You will be working closely with the law firm throughout your case, so they must have the skills, resources, experience and commitment to fight for the best outcome on your behalf.
If they are unable to meet these standards, they could end up costing you in terms of a poor financial recovery. Stemming from this, the lawyer you choose to represent you will be responsible for determining the legal strategy for pursuing your claim, whether negotiate a settlement or take your case to court. Our dedicated personal injury attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP have compiled a few tips to help you find the best NYC personal injury lawyer for your needs.
Look for an Attorney with Strong Financial Resources
Most personal injury cases are settled out of court, but the lawyers representing you must have ample financial backing and preparedness to go to trial. That is one of the key factors that could prompt the defendants to agree to a fair settlement with you rather than take the case to trial.
To build evidence for your case, hiring outside experts such as engineers, accident reconstructionists, forensic investigators or medical specialists can be costly, but they are often necessary to build a strong case. Having them on your side could mean the difference between winning and losing your case. A law firm with limited resources may not be able to hire these experts or gather the evidence needed to strengthen your case.
A law firm with the necessary financial resources will be able to take your case to trial successfully if it becomes necessary. This will allow them to ensure that everything possible is done to increase your chances of receiving a favorable outcome.
In addition, powerful law firms will be able to handle cases more efficiently and effectively with skilled teams of people working on your case. They would have experienced paralegals, assistants and attorneys to delegate tasks and keep your case moving forward while also being able to focus on all of the critical details and ensure that nothing is overlooked.
An insurance company will never offer you more money than they think they could get if they went to trial and lost. They are often more willing to offer larger settlements and work out deals with personal injury attorneys with these resources, as they recognize the ability of these attorneys to go to trial if necessary. On the other hand, the insurance company may lowball the amount they offer you or deny your claim altogether if they know you don't have solid legal representation.
Hire an Attorney with Experience in Handling Personal Injury Cases Similar to Yours
Personal injury cases are some of the most complex legal claims you can get involved in. If you're going up against a deep-pocketed insurance company, they will want to use their money and power to make you look bad. They'll send investigators out to find ways to poke holes in your story and dig through your entire life to find anything that could be used against you.
Insurance companies don't just have an army of investigators working for them, but they also have a team of high-powered lawyers on their side. You can't just hire any lawyer when the financial stakes are high. You need someone with experience in dealing with insurance companies and who knows how to negotiate hard with them outside of court.
Simply choosing the law firm with the best website or the most attractive ads is not enough—look for someone who specializes in your injury claim. This is because every injury claim is unique, and you need to find an attorney who can adapt their strategy to suit your particular situation. Let’s say you are a construction worker who got injured on the job.
You may be able to pursue a personal injury claim against third parties, such as the manufacturer of faulty tools or equipment used on the construction job site. For this type of claim, you will want a product liability personal injury attorney to fight your case. This will ensure that your attorney is knowledgeable about the subject matter.
To find a stellar personal injury lawyer, ask for recommendations from people you trust who have been involved with lawsuits before – someone who has been around the legal corners before and knows where the legal dangers are lurking. Other than that, it may be helpful to narrow down your options based on how many years a personal injury law firm has operated in New York.
Your local bar association may be able to provide you some information and you can also check the law firm’s website. Consider how many years of experience your potential attorneys individually have as well. You should also look into a lawyer's background to see if they have won similar cases in the past, where those cases were tried or settled, and what was their final outcome.
Check if the Attorney has the Capability to Take the Lawsuit to Court
You have a right to know what an attorney expects to happen in your case. Ask the lawyer to explain their legal strategy and how they will accomplish your goals. If you don't understand what the lawyer says, ask for clarification. The best way to determine if an attorney is willing to take a personal injury case to court is to ask about it directly. Most attorneys will be happy to tell you how they plan to represent you and whether or not they think the case can go all the way through trial.
Lawyers with trial experience know how to handle all aspects of litigation, including court appearances, depositions, and negotiation tactics. In addition, they often have relationships with other attorneys and insurance companies that will help them negotiate favorable settlements on your behalf or get you compensation if your case goes to trial.
You can also ask how long they've been practicing law, how many jury trials they've handled, and what their success rate is in these trials. It would also be helpful for you to understand the reasons behind their hesitation if they decide not to pursue your case through court.
Look for Attorneys with a Proven Track Record of Settlements and Verdicts
When choosing a personal injury attorney, it's essential to look at the number of cases they have won. Any lawyer can tell you about their past successes, but it's necessary to look at the track record of those victories. You want to ensure someone has a proven history of winning cases and getting positive results for their clients.
Choosing a lawyer with a notable reputation and a demonstrable track record can be the difference between winning and losing your case. When talking to different attorneys and looking into their work history, ask them about their win/loss ratio, what percentage of the cases they take on they win, and how many cases they've settled out of court. Find out if they're handling any case similar to yours and how things are progressing in those cases.
A good law firm will have statistics available on the website or in an office, so use those to find out how many cases they've handled and what the outcome was. Someone who has dealt with over a hundred cases and won almost all of them is someone you should feel confident in hiring to represent your case.
Having a proven track record of successful settlements is a good sign that the attorney has the knowledge and skills to obtain favorable client outcomes. They will act in your best interests and provide you with the highest service possible. They will have a history of successfully settling personal injury cases, which means they have the skills and experience necessary to negotiate with insurance companies and other parties involved in your case. This can lead to a quicker resolution and a better settlement for you.
Consult with Our Seasoned Personal Injury Attorneys to Help You Get the Maximum Compensation
Before hiring an attorney to represent you in a personal injury claim, it's essential to ensure they're the right fit for your needs. Law offices can approach the same case in many different ways, and not all lawyers are equal. In fact, some law offices will take whatever approach is most likely to get you a quick settlement on your case, while others will take a more holistic approach tailored to the long-term recovery of their clients. This is why it's crucial to find someone who will work in a way that is comfortable for you.
Rosenberg, Minc, Falkoff & Wolff, LLP provides robust legal representation for individuals injured in any type of accident, including car accidents, truck accidents, slip-and-fall accidents, construction site accidents, dog bites, defective products cases, medical malpractice cases and wrongful death cases. Our lawyers work hard to understand your goals and objectives, so we can help you obtain the best possible outcome for your personal injury case.
We have more than 100 years of experience and have fought tenaciously to win millions of dollars in settlements and verdicts for our clients. Our attorneys will fight aggressively on your behalf and work to ensure you receive the entitled compensation. So, reach out today to schedule a free consultation to discuss how we could help you reach a favorable outcome in your case. Call us at 212-344-1000 or fill out this online form.
Do I Need To Hire a Personal Injury Attorney For a Taxicab Accident Case?
Accidents involving taxi cabs can be devastating, resulting in serious injuries, loss of income and extended pain and suffering. If you were involved in an accident with a taxi cab driver, the best way to protect your rights is to hire the services of a leading personal injury attorney in New York City. Whether you were injured as a passenger, pedestrian or riding in another vehicle, an experienced attorney will evaluate your claim and can help you determine whether you have grounds for a lawsuit.
Despite the popularity of app-based ride-sharing services, traditional taxi cabs continue to be a common sight in New York. In New York City, the taxi industry operates under its own set of rules designed to protect passengers, drivers and pedestrians. Taxi companies can be structured in distinct ways, leading to varying legal liabilities for the company and its drivers. For example, the company may own several taxis it rents to drivers or consists of independent taxi drivers who drive for other people.
A committed and pro bowl quality New York taxicab accident lawyer will be able to tell you who is legally responsible for your injuries and damages: the driver, the taxi company, or a third party such as the car's manufacturer.
Negligent Driving by Taxi Cab Drivers in New York
The importance of a taxi service cannot be overstated. There are often passengers who show up at the last minute and wish to avoid both the cost and stress of driving on congested roads or getting a parking violation. So, they appreciate the services offered by taxis.
But like many cities throughout the United States, New York City experiences an influx of cars on the road in areas with a high concentration of businesses. Unfortunately, this means that taxi drivers often indulge in negligent or reckless driving and are involved in accidents that cause injuries or even fatalities.
The average taxi driver's income is directly proportional to the distance they drive. Therefore, they earn more if they drive more, which may make them potentially more likely to violate road safety rules or indulge in speeding or other forms of negligent driving behaviors during busy times of the day or night.
By speeding or driving in a hurry to navigate the traffic, the taxicab driver can complete more trips in a given period, increasing their income with little extra effort. They also sometimes tend to drive dangerously to try and avoid traffic jams or refuse to slow down for red lights and other cars. All of this may lead to driving stress and fatigue, making them less likely to pay attention to their surroundings and eventually leading to accidents.
Liability in Taxi Accidents in New York
As a taxi driver or a passenger in New York, it is essential to understand the laws and regulations surrounding liability in the event of an accident. Proving fault in a taxi accident is no easy task. The cab driver, the taxi company, the taxi manufacturer and the company maintaining taxis - each party may have a different level of responsibility.
Moreover, the proximity of the passenger and the driver in the same taxicab makes the determination even more challenging. With government agencies being responsible for taxi safety and insurance companies getting involved in the process, determining liability in such accidents gets complicated.
It’s essential to understand that liability in taxi accidents is not always clear-cut, and it may take an investigation to determine who is at fault. Therefore, to protect your rights, it’s recommended that you seek the advice of a personal injury attorney if you are involved in a taxi accident.
Liability Insurance Coverage for New York Taxi Accidents
Every day thousands of licensed New York City taxis transport a large number of passengers. Unfortunately, despite the general safety and reliability of cabs in the Big Apple, some taxi drivers engage in illegal or unsafe driving practices that increase the risk of accidents. Most cab accidents include lane change accidents, T-bone accidents, rear-end collisions, and hitting a pedestrian or a cyclist.
The city of New York has an efficient cab service. Taxi and Limousine Commission, or TLC, oversees ground transportation and the yellow medallion cabs that traverse throughout the five boroughs. While rideshare taxis have increased over the years, TLC still runs the taxi industry.
Liability insurance is the most basic form of insurance required by the New York City TLC. This insurance covers damages or injuries that a cab driver may cause to others while driving a taxi. The minimum liability insurance required by the commission is $100,000 per person and $300,000 per accident. In addition, drivers must carry $200,000 in personal injury protection coverage and $10,000 in property damage liability.
Benefits of Hiring a Taxi Accident Attorney to Recover Damages
When you're involved in a car crash, the last thing you want is to be left without any financial recovery to pay for your medical costs, wage loss, and pain and suffering. An accomplished NYC taxi accident attorney can help you through this difficult time and ensure that you receive your rightful compensation. Here’s why you should have a proven and resourceful taxicab accident lawyer on your side in New York:
How Our New York Taxicab Accident Lawyers Can Help You?
Taxi cab accidents are common in New York City, where millions of people rely on taxis as their primary mode of transportation. Unfortunately, these accidents can result in serious injuries and even death, leaving victims and their families struggling to cope with the physical, emotional, and financial consequences. Our seasoned taxicab accident lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP understand the complexities of New York's transportation laws and can help you navigate the legal process in the following ways:
Get Legal Help from Leading New York Taxi Cab Attorneys for Maximum Settlement
Taxi cab accidents can be devastating, especially when they result in serious injuries or death. Unfortunately, many people simply do not know how to deal with the aftermath of such an event, so they make bad decisions that end up costing them more money in the long run.
At Rosenberg, Minc, Falkoff & Wolff, LLP, our attorneys will guide you through each step of the process, so there's no need to worry about paperwork or complicated legal proceedings. With over a century of experience representing clients who've suffered injuries due to taxi cabs, we're highly qualified to handle your case as efficiently and effectively as possible.
When you hire us, we will do everything possible to help you reach a fair and just settlement for your needs. Our lawyers will fight tirelessly on your behalf to ensure you receive the resources you need to recover from this devastating event. Reach out to us at 212-344-1000 or contact us online for a free consultation. Our lawyers are ready to fight for you.
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