Most New Yorkers are pretty savvy legal customers. The field of personal injury law is probably familiar to most residents of our busy city. At a minimum, we’ve all seen commercials for personal injury attorneys on TV, ads in the local papers we read on the subway, on the backs of the local buses we ride, and on billboards.
Discussing Your Rights with a New York City Personal Injury Lawyer
The New York City personal injury lawyers at The Rothenberg Law Firm LLP represent injured clients from all over NYC and they will help you understand your legal rights. Let the experienced legal professionals at our personal injury law firm of New York help you obtain the money you deserve.
***Your initial consultation with a personal injury lawyer in NYC is always free.
***We do not take a fee, unless and until we are successful in recovering money for you.
What is a personal injury claim?
What is personal injury law exactly? Personal injury law is broad, covering things like car accidents, medical malpractice, slip and falls, and more. At one point in each person’s life, he or she has probably been confronted with some sort of injury, even if no lawsuit was pursued. It is important to be aware of the law, especially in cases of a life-altering, or even life ending, injury.
Torts: What does this word mean?
The legal term most associated with personal injury law is the law of torts. In basic terms, a tort is a “civil wrong” that, when committed, allows those hurt to receive financial recovery for injuries due to the negligence of others.
For example, a tort is committed if you are injured by someone who rode their bicycle straight into you while you were walking on the sidewalk. Personal injury law allows you to recover money for the negligent acts of the bicycle driver.
As you can imagine, in a busy metropolis like New York City , injuries caused by the unreasonable conduct of others is quite common. Car accidents, bike collisions, construction mishaps, dangerous falls, and similar incidents often involve torts.
The person who committed the negligence can be held liable in a civil court and sometimes in a criminal court as well. However, the remedies for a civil case are limited to money damages and can run parallel to, but separate from a criminal trial for the same negligent action. In fact, a civil case can succeed even if a criminal case finds the defendant not criminally liable. The standard of proof in a civil personal injury trial is substantially lower than that for a criminal trial. In a criminal trial, the illegal activity must be proved “beyond a reasonable doubt.” That is a very high standard and the jurors must feel certain of the guilt of the accused. In civil cases, the standard is by a “preponderance of the evidence,” which means that the person who suffered a serious injury must prove that wrong-doing and fault are more likely than not – based on the evidence presented.
Why do I Need a New York City Personal Injury Attorney? Why can’t I Represent Myself?
Following an unexpected accident, it is only natural to want to settle the matter as quickly as possible and move on with life. You may be tempted to try and resolve all the issues, including legal issues, without representation from a qualified attorney. It is crucial, however, to understand the dangers of trying to handle your case by yourself. In almost all cases, an experienced attorney can work on your personal injury lawsuit to ensure you receive full and fair monetary compensation for your losses. You can be sure that those representing the negligent party – usually an insurance company – will be insurance adjusters and attorneys, a legal team, whose goal is to pay you as little as possible for your loss. Opposing adjusters and attorneys generally make settlement offers depending on how aggressively they believe the injured party will fight for full compensation. When you retain the services of an experienced attorney, you protect yourself from being taken advantage of by the other side. Your lawyer will know how to gather and present very specific information to ensure all of your damages are accounted for. Knowing that you are represented by legal counsel who are willing to take the case to court to ensure a fair recovery, the opposing side will likely negotiate more reasonably from the start. There is simply no good reason to represent yourself. An experienced attorney from The Rothenberg Law Firm LLP will represent you on a contingency fee
What are the most Common New York City Personal Injury Actions?
Personal injury claims are one of the most common types of legal action that is pursued in the state of New York in any given year. This is due to the wide scope of issues that fall under the category of personal injury actions, such as:
- Injuries caused by negligence, such as motor vehicle accidents, premises liability claims like slip and fall injuries, construction accidents, workers’ compensation cases, defective product cases, dangerous drug cases, and medical malpractice cases.
- Injuries at schools, daycare centers, and extracurricular activities, including gym class or sports injuries, and injuries caused by improper supervision, including injuries resulting from schoolyard fights and bullying.
- Wrongful death lawsuits when a party’s negligence resulted in a death, such as nursing home negligence or automobile accidents.
- Assault & battery, abuse, and other crimes. Many criminal offenses such as battery, domestic violence, and child or elder abuse also have potential civil components that can be pursued through the civil process.
What Is the Statute of Limitations to File a Personal Injury Claim in New York?
Generally, the statute of limitations for personal injury cases in New York State is three years. That means that you have three years from the time that you sustained your injury to file a lawsuit for damages against the negligent party or parties. The statute of limitations is the legal deadline that applies to your New York personal injury claim. If you wait until after this time period expires to file a lawsuit, the court will likely dismiss it. This means that not only is your case thrown out, but you are barred from pursuing a claim in the future as well. It is important to note that there are circumstances that can alter this statutory period. In some cases, you might only have a few months to act. To avoid forfeiting your right to obtain fair damages, it is crucial for you to seek out legal counsel as soon as possible.
When deadlines can vary
There are some situations where the three-year statutory period will not apply. For example, you may have one year to pursue a claim based on assault or battery. The statute in medical malpractice cases typically lasts for two-and-half years. One of the most important exceptions to be aware of is when you file a lawsuit against the local government. In these situations, you have to provide the city with notice of your claim within 90 days of the accident. You then have another 90 days to file your lawsuit. The statute can also vary when it comes to the injury of a minor child. The statute for injured minors can be as short as three years, or it can be paused until the minor reaches the age of 18. Our firm can advise you on when the statute expires in your child’s injury case.
Civil Liability & Accountability
Personal injury law serves two key purposes:
- To ensure that injury victims receive the compensation they deserve to help in their recovery;
- Spurring changes to prevent future accidents.
It is crucial that negligent parties pay for the harm that they cause, from medical bills and property damage to lost wages. On top of that, because of personal injury law- people, companies, and even the government are incentivized to use best practices and a high standard of care to protect one another from preventable injuries.
Contact Our Personal Injury Lawyers NYC
If you or a loved one has been hurt by the negligence of another in The City of NY (Brooklyn, Queens, Manhattan, Bronx, and Staten Island), contacting an experienced New York City personal injury lawyer at The Rothenberg Law Firm LLP is a great first step to determining whether you have a case and what to do next. Our personal injury law firm has over 50 years of experience helping injured individuals like you.
You can reach The Rothenberg Law Firm at 1-888-497-5015 or submit an InjuryLawyer.com free online case evaluation. The initial consultation with a personal injury lawyer in NYC is FREE of charge. We work on a contingency fee basis. Meaning, we do not take a fee unless and until we are successful in winning money for you.
Some lawsuits need be filed before an impending expiration date, known as the Statute of Limitations. Therefore, call or contact our personal injury law firm in NYC right away to ensure that you do not waive your rights to money damages or other benefits.
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