Our New York City personal injury law firm was founded in 1922 by trial attorney Gustave G. Rosenberg. Since then, we have grown to include many excellent trial attorneys. Although we have grown in numbers over the years, our mission has never changed. Rosenberg, Minc, Falkoff & Wolff LLP has continued its unparalleled devotion to helping people in the aftermath of a serious accident recover the compensation they need to move forward and restore their lives. Every day our lawyers fight tooth and nail, utilizing any advantage at our disposal, to maximize the monetary compensation our clients receive. This money helps our clients live with dignity, independence and a degree of comfort they so desperately need and rightfully deserve. In addition, we recognize that money is not the only measure of success for our clients. A successful personal injury or wrongful death claim can force powerful interests to take steps to make all of our lives safer. Together, we can take action to see that justice is done. A personal injury lawyer at Rosenberg, Minc, Falkoff & Wolff, LLP Law can help.
In order to show your opposition that you are serious, it is important to work with a New York City personal injury lawyer who will be ready to make a convincing presentation of your case in trial. Collectively, our lawyers have taken hundreds of injury claims to trial. We prepare each case intensively and work with medical and economic experts when necessary to demonstrate exactly how your injury has changed your life. In many cases, our preparation leads to favorable out-of-court settlements. If your opposition is not willing to treat you fairly, our law firm will not hesitate to take your case before a judge and jury.
One of our goals in every case is to make things as easy for our clients as possible. We will handle every part of your case so that you can attend to your own needs. It is critical to our firm’s philosophy that there is a strong, healthy and ongoing communication with our clients. If you have questions, concerns or just want to talk about your case, our attorneys and staff will be ready to talk to you. As new developments arise in your case, we will explain these developments to you in plain language. When you are ready to talk to us, we are ready to talk to you. Call us at 212-344-1000 or complete our contact form to start the process. We offer a free, confidential case evaluation. We do not charge attorneys’ fees unless we win your case.
After an accident, if possible take some cell phone photographs or videos to document the scene. Report the accident, typically to the police. Obtain the badge number or police report number, seek medical help if you are injured to document your injury. Make sure to discuss all of your injuries at your initial consultation even if they are minor, do not omit them. Get the advice of an experienced legal attorney.
Lawyer up as soon as possible. What you say can, and will, be used against you. An experienced personal injury lawyer will help you understand the legal process and assist you in getting the maximum recovery available in your case.
In general, most actions for personal injury must be commenced within 3 years. Damages for any medical or dental malpractice claim are limited to 2.5 years with some exceptions. Wrongful death claims must be started within 2 years of the date of death. Any injury or medical malpractice claim against or involving a municipality such as the city of New York must be initiated by a notice of claim properly filed within 90 days of the injury. There are a discovery rule for foreign objects and certain cancer cases.
If you suffered a personal injury in New York to your person or property due to someone else’s fault, you have a personal injury case. Keep in mind that bringing a personal injury lawsuit does not always have to be due to physical injury. In some cases, personal injury claims can be based on a number of different nonphysical harms and losses. For example, in case of an assault, it is not necessary to show that the action of the party at fault caused you actual physical harm, but only that you expected them to harm you. You may also have a personal injury case if someone has inflicted emotional distress on you, invaded your privacy or attacked your reputation.
There are three factors generally considered in awarding a settlement:
1. Determining fault.
2. Determining extent of injuries.
3. Is there applicable insurance to cover the claim?
In New York State, attorneys are only permitted to charge expenses that are approved by the court. Typically, they involve outside experts or court costs where the attorney has to spend money that is necessary to develop your case. Expenses do not include lawyers time or overhead.
Certain time limits, known as the statute of limitations, exist in every state, and this statute varies from one state to another. This governs the amount of time you have to file a personal injury lawsuit against another person. In some states, there may be limited time which could be little as a year for you to file a lawsuit for compensation based on a car accident. In case you fail to file a lawsuit on time and miss the deadline, you may lose your legal right to file your lawsuit. This is why you should immediately consult a lawyer as soon as you discover or suffer a personal injury in New York after an accident.
Many victims of an accident think that they can file a personal injury lawsuit themselves as their injuries or damage to their property are obvious, or because they want to settle the matter as soon as possible and move on with their lives. However, without an attorney, you might not receive the rightful compensation you deserve for your injuries. You should understand that the goal of an adjuster is to pay you as little as possible for damages. With an attorney by your side, you can make sure that this does not happen and you recover maximum damages as per the law in your state.
Believe it or not, a consent form does not necessarily prevent you from bringing a claim. If there is a maxim in the law that does not commit anyone to be negligent and harm you, even if we signed a consent.
We work strictly on a contingency fee basis. That means if we don’t win your case, we don’t get paid and you owe us nothing. If we are successful, we receive a percentage, typically 1/3 or less depending on the type of claim. Expenses only come out of a successful result.
An experienced attorney can provide you with court approved verdicts or settlements involving similar injuries. Your specific case could be limited by available insurance or any finding or comparative fault which would reduce your award.
In some industrial accident cases, the injured worker is entirely at fault, whether it is because of recklessness or carelessness at the job site. However, there are many cases where the accident is caused by some type of negligence on the employer or a co-worker’s part. For example, the employer did not provide proper drilling and training in following workplace safety regulations or failed to inspect and maintain machinery and equipment properly and regularly. In such cases, the injured worker may be able to sue for personal injury. Surviving family members may also be entitled to file a wrongful death lawsuit. Even if the employer is not at fault, an injured worker may be able to file a claim for workers’ compensation benefits, as long as such insurance is carried by the company.