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Personal Injury Lawyers NYC

New York may be one of the most productive, prosperous cities in the world, but it can also be a dangerous place to live. With 8.6 million residents, the chances of you or someone you know getting injured in an accident is unfortunately high. If you are hurt in an accident, you could be facing exorbitant medical bills, lost wages, and pain and suffering. You should not be responsible for covering the costs of an injury that was not your fault. A professional a Top Rated New York City Personal Injury Lawyer, like the legal professionals that you’ll find at Rosenberg, Minc, Falkoff & Wolff, LLP, can represent you in your negotiations with your insurers and assist you in your road to recovery. Call today to receive a free consultation.

Understanding Personal Injury Law

As a victim of a personal injury, you will quickly discover that the entire personal injury law process is complicated and stressful. In fact, if you are focusing on recovering from injuries after an accident at the same time that you are attempting to get yourself the money you deserve, it may simply be too much to handle. Insurance companies benefit when you are stressed and overwhelmed while they are attempting to settle an injury case, but when you work with an attorney you will be able to focus on your recovery while you have legal professionals fighting for your best interests. 

No matter the situation, you can be certain that the party responsible for your injuries, and their legal defense team, will be working aggressively to identify every possible way to limit the amount of money that you ultimately receive for your settlement. 

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Common Personal Injury Types  

Since there are so many possible situations that can be considered under tort and personal injury law, there are no injuries that can be specifically mapped to these incidents. All types of accidents are unpredictable, meaning that there is an infinite number of factors that go into determining the type and severity of an injury, but the following are a few common injuries that we represent in the New York court system for our clients. 

TRAUMATIC BRAIN INJURIES

Traumatic brain injuries can be life-changing, and even fatal in certain cases. If you suspect that you have suffered any degree of brain injury, it is absolutely essential that you see a doctor immediately in order to have brain scans done and identify the necessary courses of action. Brain injuries are sometimes known as “silent killers” because people may feel like they should just “shake it off” or ignore it. In the past, concussions were simply regarded as “getting your bell rung,” and victims were encouraged to work through it. We now know that this is the exact opposite of what a victim should actually do.

BROKEN AND FRACTURED BONES

A fractured bone is a lot more obvious than a traumatic brain injury, and also needs to be treated with similar urgency. These can result from a variety of impacts, such as a slip and fall on an icy walkway or broken stairway, a car crash injury, cycling injury, and more. Once a bone is placed in a cast, the recovery process can have a serious impact on your earning ability and your day to day life.

WHIPLASH

Whiplash is an extremely common injury in vehicle accidents, and is the result of damage to the soft tissues in the neck and shoulder area when the head is snapped forward, down, and back in a rapid “S” motion. Since this injury is specifically focused on soft tissues, and since you will likely be surging with adrenaline after a crash, it can take a few days to recognize the true extent of your injuries if you have suffered from whiplash.

BRUISING

Bruising is another common type of injury that someone can experience after any type of impact crash, including a slip and fall, car accident, motorcycle crash, and any other situation where the victim’s blood vessels are ruptured near the surface of their skin. If the damage is bad enough, a bruise may turn into a hematoma, which is a type of bruise that is extremely painful and may require additional attention in order to be drained or alleviated. These are also common as seatbelt injuries, which are caused when a person is restrained in an accident but the seatbelt injures them.

Common Personal Injury Actions

Not all New York City personal injury firms represent plaintiffs in all types of cases. Before you commit to a particular attorney or law firm, you should make sure that their team has specific experience representing clients in your particular type of case. With over four generations of personal injury litigation experience in the state of New York, the Law Firm of Rosenberg, Minc, Falkoff & Wolff offers a wide array of services. The following is a breakdown of the types of suits that we handle for our clients.

CAR AND MOTOR VEHICLE ACCIDENTS

The most recent statistical data offered by the New York State Department of Health indicates that there were on average 1,098 deaths, 12,093 hospitalizations, and 136,913 emergency room visits per year due to traffic accidents. Even in a state with a population the size of New York, that’s a staggering sum. Insurance companies are usually quick to make an offer to injury victims, but those offers are rarely sufficient to pay for much more than the medical bills of the injured party. If you are injured while driving, on a bicycle, or on foot, don’t accept a settlement without speaking to a motor vehicle accident lawyer.

PREMISE LIABILITY CASES (SLIP AND FALL)

The custodians and owners of property owe a duty of care to their invited guests. Whether it’s a retail store, a government facility, or the common areas of an apartment building, if you have legal permission to be on someone’s property, you also have the right to reasonable safety. That means that it should be clear of hazards, have adequate warnings of dangerous situations, and proper security measures. It’s essential that you contact a personal injury attorney as close to the time of the accident as possible. Precious evidence for your case can be lost in the immediate days following your accident.

MEDICAL MALPRACTICE CASES

When you see a physician or check into a medical facility, you have a legal right to a reasonable standard of care. That doesn’t necessarily mean that the doctor or staff will cure you or improve your condition, but that they will use the best tools at their disposal and give you the competent, professional medical advice. It also means that they’ll advise you of the risks involved in any course of action that they recommend. If you’re injured by a doctor, nurse, medical facility, or pharmacist, you have the right to compensation.

CONSTRUCTION SITE ACCIDENTS

According to the Occupational Safety and Health Administration (OSHA), 20% of worker fatalities in the United States were construction accidents. Construction is by far one of the most dangerous industries for employment in New York City. Many New York City construction workers are hired as independent contractors by construction companies, but they’re still protected under the Construction Industry Fair Play Act. Under this law, you are considered an employee unless all three of these conditions are met:

 You are free from direction and/or control in your job performance.

  • You’re performing work that isn’t part of the type of work that the business that hired you normally does.
  • You have your own independent business.

In most cases, if you’ve been injured in a construction accident, your employer is responsible for your workplace injury. Contact a personal injury lawyer immediately.

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NEW YORK’S SECTIONS 240 AND 241

In addition to the protections afforded to all workers under New York law, the state offers additional protections for construction workers. Under these sections of the code, contractors and building owners can be held liable for unsafe conditions that result in injury. In addition to Worker’s Compensation benefits, which are rarely sufficient to cover a serious workplace injury, Sections 240 and 241 of the New York code, allow injured construction workers to sue employers for additional remuneration for things like lost earnings, diminished work capacity, and pain and suffering.

WRONGFUL DEATH

Accidental death is always tragic, but there are times when in addition to their grief, the survivors are impacted economically as well. When an individual dies due to the negligence of a person or organization, their family members may be able to hold the responsible parties accountable through civil action. Family members are often entitled to full economic compensation, remuneration for lost future income, their emotional pain and suffering as well as any trauma suffered by the deceased prior to their departure, and punitive damages. Talk about your case with an attorney.

New York Personal Injury Law

MOST PERSONAL INJURY SUITS IN THE STATE OF NEW YORK ARE SETTLED AT THE STATE LEVEL. THAT MEANS THAT THE LAWS OF THE STATE OF NEW YORK ARE APPLICABLE WITH REGARD TO DAMAGE CAPS AND THE STATUTE OF LIMITATIONS ON PERSONAL INJURY LAWSUITS.

Damage Caps

The state of New York does not cap damages on personal injury lawsuits. Damages are decided by a jury.

Statute Of Limitations

In most instances, the statute of limitations if three years from the time of the accident that caused the injury. With malpractice cases, there is a 30-month statute of limitations, but it starts from the time that the medical malpractice injury was discovered. Medical malpractice sometimes goes unnoticed until some time after the medical accident occurred. Wrongful death suits must be filed within two years of the date of death, regardless of when the accident occurred.

Pure Comparative Fault

In New York, a judge or jury determines the percentage of fault of the plaintiff and then awards their damages based on the proportion. If, for example, a plaintiff is 20% at fault, they can recover 80% of their damages.

Why You Need A Personal Injury Lawyer 

Stress is a major factor when it comes to making a full recovery after an injury, so it is important that you take the steps necessary to minimize your stress as much as possible. We understand all of the requirements and actions that will maximize your chances of a positive outcome for your case and will be able to take these steps while you are focusing on recovery.

If you are involved in an accident that is covered by an insurance policy, you will need to file your claim with the insurance company and then deal with a claims adjuster while they investigate the accident. We will be able to handle all communications with the claims adjuster, advise you on how to make statements about the accident, and then will be able to handle the necessary negotiations once the claims investigation is concluded so that you can get the money you truly deserve, not just the money that an insurance company hopes to pay you.

NEW YORK CITY LAW OFFICE

122 E. 42nd Street Suite 3800
New York, NY 10168

Tel: (800) 660-2264

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QUEENS LAW OFFICE

8900 Sutphin Blvd Suite 501
Queens, NY 11435

*By Appointment Only

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BRONX LAW OFFICE

220-226 E 161st Street
The Bronx, NY 10451

*By Appointment Only

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