Insurance companies will attempt to make you a settlement far less than you deserve. The Top New York City Personal Injury Attorneys of Rosenberg, Minc, Falkoff & Wolff, LLP will give you the advice necessary to ensure success in your personal injury claims.
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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 Personal Injury Attorney NYC, like the legal representation that you’ll find at Rosenberg, Minc, Falkoff & Wolff, LLP, can help you in your negotiations with your insurers and assist you in your road to recovery. Call today to receive a free consultation to fight for your personal injury claims.
Call Now for a Free Consultation by a Top New York City Personal Injury Lawyer!
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 injury claims.
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.
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 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.
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 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 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.
Not all New York City personal injury attorneys 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 99 years of experience in 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 provide legal advice for our clients.
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 car accident lawyer.
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 slip and fall lawyers New York City 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.
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 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.
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:
In most cases, if you’ve been injured in a construction accident, your employer is responsible for your work injuries. Contact a personal injury attorney new york city immediately.
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.
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.
The state of New York does not cap damages on personal injury lawsuits. Damages are decided by a jury.
In most instances, the statute of limitations is 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.
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.
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 injury claim with the insurance company and then deal with an injury claims adjuster while they investigate the accident. We will be able to handle all communications with the injury 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.
Give a personal injury lawyer in New York today at 212-344-1000 or contact us online.
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.
Staten Island Accident Injuries Summary On October 8, 2024 there were 4 injuries, 2 pedestrian injuries, 2 motorist injuries in Staten Island, NY. The most common contributing factor for an accident was Failure to Yield Right-of-Way. Our top-rated Staten Island Personal Injury Attorneys at Rosenberg Minc Falkoff & Wolff are
Bronx Accident Injuries Summary On October 8, 2024 there were 10 injuries, 3 pedestrian injuries, 1 cyclist injuries, 5 motorist injuries in Bronx, NY. The most common contributing factor for an accident was Driver Inattention/Distraction. Our top-rated Bronx Personal Injury Attorneys at Rosenberg Minc Falkoff & Wolff are here to
Queens Accident Injuries Summary On October 8, 2024 there were 24 injuries, 6 pedestrian injuries, 5 cyclist injuries, 13 motorist injuries in Queens, NY. The most common contributing factor for an accident was Driver Inattention/Distraction. Our top-rated Queens Personal Injury Attorneys at Rosenberg Minc Falkoff & Wolff are here to
Manhattan Accident Injuries Summary On October 8, 2024 there were 12 injuries, 3 pedestrian injuries, 3 cyclist injuries, 4 motorist injuries in Manhattan, NY. The most common contributing factor for an accident was Driver Inattention/Distraction. Our top-rated Manhattan Personal Injury Attorneys at Rosenberg Minc Falkoff & Wolff are here to
Brooklyn Accident Injuries Summary On October 8, 2024 there were 42 injuries, 5 pedestrian injuries, 10 cyclist injuries, 26 motorist injuries in Brooklyn, NY. The most common contributing factor for an accident was Driver Inattention/Distraction. Our top-rated Brooklyn Personal Injury Attorneys at Rosenberg Minc Falkoff & Wolff are here to
Staten Island Accident Injuries Summary On October 7, 2024 there were 5 injuries, 1 pedestrian injuries, 1 cyclist injuries, 3 motorist injuries in Staten Island, NY. The most common contributing factor for an accident was Driver Inattention/Distraction. Our top-rated Staten Island Personal Injury Attorneys at Rosenberg Minc Falkoff & Wolff
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