Daniel C. Minc , a top personal injury lawyer in New York City, is a partner at Rosenberg, Minc, Falkoff & Wolff, LLP, a top personal injury law firm in New York City established in 1922. He holds a Bachelor’s degree from Hofstra University, a Master’s in Economics from the State University of New York at Stony Brook, and a Juris Doctor from Seton Hall University School of Law.
After completing his education, Mr. Minc joined Rosenberg, Minc, Falkoff & Wolff, LLP, where he has built a notable career as a litigation partner. Specializing in personal injury and medical malpractice, he has successfully recovered over $500 million in financial compensation for his clients, including a landmark $15 million verdict against a major Manhattan hospital as well as numerous other multi-million dollar settlements and verdicts.
Mr. Minc’s legal acumen has earned him membership in the New York State Trial Lawyers Association for over twenty years. His achievements have been recognized in national publications like Newsweek’s “Leaders in Personal Injury” list and on television, where he has discussed his high-profile cases. He has been honored as a national SuperLawyer and received a 5-year recognition award from Martindale-Hubbell for his “Very High Legal Ability.” In 2020, he was named one of America’s Top 100 Personal Injury Lawyers.
In addition to his practice, Mr. Minc has taught trial techniques to bar association members, including judges and attorneys. His recent notable verdicts and settlements include a $5.5 million motor vehicle injury verdict, a $3.1 million medical malpractice verdict, and a $5.4 million settlement for an accident victim. He is widely regarded for his skillful cross-examinations and compelling trial summations, attracting a large following within New York’s legal community.
Question: How do I report an accident in New York?
Daniel Minc: Reporting an accident in New York is vital and the process is pretty straightforward. First and foremost, if anyone is injured or there’s significant property damage, call 911 immediately. Make sure you get medical attention if you need it, and let the authorities come to the scene to file a report.
For minor accidents, you still need to report it to the police, if there’s over $1,000 in damage or if anyone is injured. You can go to the nearest precinct to file a report. Always get a copy of the police report, as it is an important piece of evidence for your case.
Also, notify your insurance company as soon as possible. They will guide you through their specific process for reporting the accident. Don’t forget to gather as much information at the accident scene as you can. Take photos, exchange details with the other driver, and get contact information from any witnesses.
It is also prudent to consult with a New York personal injury lawyer early on to ensure you are taking all the right steps.
Question: I was injured in a car accident two months ago. Can I still sue the negligent driver for financial compensation?
Daniel Minc: Absolutely, you can still sue the negligent driver for financial compensation. In New York, the statute of limitations for personal injury cases, including car accidents, is generally three years from the date of the accident. This means you have three years to file a lawsuit against the at-fault party.
Based on this, it’s always better to act sooner rather than later. Evidence can disappear fast, witness memories will fade, and surveillance camera footage and other physical evidence can become harder to locate over time. Reporting your injury and seeking legal counsel promptly ensures that we can gather all necessary evidence and build a strong case on your behalf.
Even if it has been a couple of months or more, you should contact a personal injury lawyer in New York without any further delay.
Question: After my auto accident in New York City, I received a call from an insurance adjuster offering to settle quickly for my medical expenses to avoid a prolonged legal process. Should I accept the offer?
Daniel Minc: It’s understandable to want to settle quickly and avoid a prolonged legal process, especially after the stress of an auto accident. Based on this, I strongly advise against accepting the first offer from an insurance adjuster without consulting a dedicated NYC personal injury attorney. Insurance companies often aim to settle claims quickly and for as little money as possible. Their initial offer might not fully cover all your current and future medical expenses, current and future loss of income, extended pain and suffering, and other potential damages.
By accepting a quick settlement, you could inadvertently waive your right to pursue additional compensation in the future. It’s critical to understand the full extent of your injuries and the long-term impact they may have on your life. A prolific personal injury attorney in New York can help you evaluate the true value of your claim and aggressively negotiate with the insurance company on your behalf to ensure you receive the maximum compensation you are entitled to.
Question: I was injured while working on a construction site in New York City. Can I bring a third party claim for personal injury against the contractor or subcontractor even if I have received workers’ compensation?
Daniel Minc: Yes, you can bring a third-party claim for personal injury against a contractor, subcontractor, or any other responsible party, even if you have received workers’ compensation. Workers’ compensation benefits are designed to cover your medical expenses and a portion of your lost wages, but they do not provide compensation for pain and suffering or other non-economic damages.
In many construction site accidents, multiple parties might be involved, and their negligence could have contributed to your injuries. If a contractor, subcontractor, equipment manufacturer, or another third party was negligent and played a role in your accident, you have the right to seek additional compensation through a third-party personal injury claim.
Third-party claims can provide compensation for damages not covered by workers’ compensation, such as pain and suffering, full lost wages, and other related expenses. It’s important to investigate all potential sources of liability to ensure you receive the maximum compensation possible.
Dealing with workers’ compensation and third-party claims can be complex, so consult with a New York construction accident lawyer has extensive experience handling construction site injury cases.
Question: My newborn has been diagnosed with brain damage (HIE birth injury). Can I sue the hospital in New York for medical malpractice?
Daniel Minc: Yes, you can sue the hospital for medical malpractice if your newborn has been diagnosed with brain damage due to hypoxic-ischemic encephalopathy (HIE). HIE is a serious birth injury that occurs when a baby’s brain doesn’t receive enough oxygen and blood around the time of delivery. This can lead to lifelong complications and disabilities, including cerebral palsy.
To have a valid medical malpractice claim, you need to prove that the hospital or medical staff deviated from the accepted standard of care during your pregnancy, labor, or delivery, and that this deviation directly caused the HIE and resulting brain damage. Examples of negligence might include failure to monitor fetal distress, improper use of delivery tools, delayed C-section, or inadequate prenatal care.
Choose a medical malpractice attorney in New York City who can work with medical experts to thoroughly investigate the circumstances surrounding your child’s birth, collect all possible evidence, and build a strong case to hold the hospital accountable for their negligence.
Question: What is the compensation for medical negligence in New York? How much settlement can I expect for medical malpractice?
Daniel Minc: The compensation for medical negligence or medical malpractice in New York can vary widely depending on the specifics of your case. The amount of settlement or award you can expect is influenced by several factors, including the severity of your injuries, the impact on your quality of life, the extent of medical expenses, lost wages, emotional trauma, and other related damages.
In New York, there is no cap on the amount of damages that can be awarded in medical malpractice cases. This means that you can seek full compensation for both economic and non-economic damages. Economic damages cover things like medical bills, rehabilitation costs, and lost earnings. Non-economic damages address pain and suffering, emotional distress, and loss of enjoyment of life.
In New York City, settlements and verdicts for medical malpractice cases can range from hundreds of thousands of dollars to several million dollars. In cases involving severe and lifelong injuries, such as birth injuries resulting in cerebral palsy or significant brain damage, settlements can exceed $1 million and sometimes reach $10 million or more.
Each case is unique, and it is essential to consult with an experienced New York City medical malpractice lawyer who can evaluate the specifics of your situation and provide a more accurate estimate based on similar cases they have handled.
Question: How do I prove medical malpractice in New York?
Daniel Minc: Proving medical malpractice in New York requires establishing several key elements. First, you need to show that a doctor-patient relationship existed, meaning that the healthcare professional owed you a duty of care. This part is usually straightforward as long as there is a record of you being treated by the doctor or medical facility.
Next, you must demonstrate that the healthcare provider breached this duty of care by failing to meet the prevailing standard of care. This involves showing that the provider did not provide the level of care that a reasonably competent professional in the same field would have under similar circumstances. Essentially, you need to prove that the provider acted negligently.
The third element is causation. You must establish a direct link between the healthcare provider’s negligence and your injury. This will require medical expert testimony to show that your injury was a direct result of the provider’s breach of duty and not due to some other factor.
Lastly, you must prove that you suffered actual damages as a result of the malpractice. This can include physical pain, emotional distress, additional medical bills, lost wages, and other related losses. Documenting these damages thoroughly is vital to building a strong case.
Gathering evidence is a critical part of the process. This can include obtaining medical records, witness statements, expert testimonies, and any other relevant documentation. If you believe you have been a victim of medical negligence, it is best to consult with an experienced medical malpractice attorney in New York as soon as possible to ensure your rights are protected.
Question: How do I choose the right personal injury lawyer in New York?
Choosing the right personal injury attorney in New York City involves a few key considerations to ensure you have the best representation for your case:
Experience and Skills: When selecting a construction accident lawyer in New York, prioritize their extensive experience and specialized skills in handling cases similar to yours. Look for a legal team that has a deep understanding of New York’s personal injury laws, regulations, and industry standards. Their experience should include successfully representing clients who have suffered injuries ranging from traumatic brain injuries and spinal cord injuries to broken bones and internal organ damage, among others.
Proven Track Record: Evaluate the lawyer’s track record of achieving multi-million dollar settlements and verdicts for their clients. A reputable lawyer or firm should be able to provide examples of past cases where they secured large compensation for personal injury victims. This track record serves demonstrates their ability to effectively accomplish the legal process and maximize outcomes for their clients.
Ability to Take on Powerful Defendants: Ensure that your chosen NYC personal injury lawyer has the capability to confront powerful defendants, such as hospitals and medical centers, bus and truck companies, construction firms, and large insurance corporations, both during negotiations and in court. Look for evidence that they have successfully litigated against powerful defendants, demonstrating their willingness, skill and resources to advocate fiercely on behalf of their clients and go to trial, if necessary.
Question: How much does a personal injury lawyer cost in New York City?
Daniel Minc: In New York City, personal injury lawyers typically operate under a contingency fee arrangement, which means they only get paid if they successfully recover compensation for their clients.
This setup ensures that the lawyer has “skin in the game,” as they invest their time, resources, and expertise in pursuing the case without any upfront costs to the client. This approach aligns the lawyer’s interests with those of the client, fostering a strong incentive to achieve the best possible outcome.
By taking cases on a contingency basis, NYC personal injury attorneys also signal their confidence in their abilities to win or settle cases effectively, since their fees are directly tied to the results they achieve. This structure not only eliminates financial risk for clients but also underscores the lawyer’s commitment to recovering maximum compensation for those who have been injured due to negligence or wrongdoing.
Clients should discuss the specific terms of the contingency fee agreement, including the percentage fee and any potential additional costs, during their initial consultation with the lawyer to ensure clarity and mutual understanding.
Choose New York’s Top-Rated Personal Injury Law Firm to Protect Your Rights
For over four generations, Rosenberg, Minc, Falkoff & Wolff, LLP has stood as a premier leader in personal injury claims in New York City, securing over $1 billion in compensation for injured individuals. With a success rate exceeding 95%, our seasoned team of NYC personal injury attorneys is dedicated to advocating fiercely on behalf of our clients. Whether you have been injured in a motor vehicle accident, a slip and fall, construction site accident, or due to medical malpractice, we have the experience and tenacity to obtain the largest possible compensation you deserve. To schedule your free consultation, call us at 212-344-1000 or contact us online.
