When you sustain a serious injury due to someone else’s negligence in New York, the statute of limitations allows three years from the date of the accident to hire a personal injury attorney to pursue a lawsuit. At the law firm of Raphaelson Levine, our personal injury lawyers fight for the underdog.
Whether your injuries occurred due to a car accident or you have another type of personal injury claim, you can depend on your Bronx personal injury lawyer to fight for your right to maximum compensation. Call 212-268-3222 or contact us online today for a free consultation.
Comparative Negligence Laws in New York – Why It Matters.
An important thing to understand before hiring a Bronx personal injury attorney is that New York is a comparative negligence state when it comes to filing a personal injury lawsuit. What that means in practice is that the court will reduce your settlement offer by the percentage the jury deems you responsible for causing your own injuries. For example, if the other party is 75 percent responsible and you’re 25 percent responsible, you would receive 75 percent of the total settlement offer.
How You Benefit From Working With A Personal Injury Lawyer
While you’re under no obligation to work with a personal injury law firm to settle your lawsuit, it’s in your best interest to hire experienced accident lawyers if you hope to recover maximum compensation for your injuries.
“As a strong advocate for injury victims, we’re not intimidated by insurance companies trying to get by as cheaply as possible or lawyers defending the negligent party. We have a proven track record of locating expert witnesses, recreating accident scenes, tracking down eyewitnesses to the accident, and whatever else is necessary to prove your case and pursue financial justice for you and your family members.”Andrew Levine, Personal Injury Lawyer, Raphaelson & Levine
Types of Compensation Typically Available in a Personal Injury Lawsuit
When it comes to personal injury cases, plaintiffs may be eligible to receive both compensatory and non-compensatory damages. Those in the first category include your current and future financial losses associated with the car accident or other types of accidents caused by someone else’s negligence.
Medical expenses, which include hospital and clinic costs, prescriptions, durable medical equipment, and adjustments to your home or vehicle due to your injuries, are the most common category of personal injury compensation. This category also includes expenses related to mental health treatment for issues such as anxiety, depression, and post-traumatic stress disorder.
Accident victims in New York City and the surrounding communities often receive these forms of compensatory damages as well:
This covers the actual wages you lost while recovering from your injuries as well as projected lost wages in the future. If you must work part-time, accept a position with less compensation to accommodate your limitations, or stop working entirely, your personal injury lawsuit should reflect this.
You could receive funds to repair or replace anything damaged in the accident such as a personal computer.
While compensatory damages might sound straightforward, it can be challenging to calculate financial losses that have not occurred yet. This is just one more reason why it’s important to work with an experienced NYC personal injury attorney who can provide accurate predictions and elicit juror sympathy for your situation.
Non-compensatory damages can become a bit more complex. Although the State of New York allows people filing a personal injury lawsuit to pursue them, they are highly subjective and can also depend on juror sympathy if we’re unable to negotiate your case and it ends up in court. These types of damages are not as easy to gauge or even to see.
Two common examples include:
- Pain and suffering: Regardless of how your accident happened in the Bronx, you may experience ongoing physical and emotional pain and suffering because of it. For example, a construction accident may leave you with a traumatic brain injury that takes years to recover from and that makes you feel fatigued and unfocused in addition to numerous physical symptoms. You could also struggle with mental health issues so severe you can’t work due to the traumatic nature of the accident and your injuries.
- Loss of enjoyment of life: Maybe you loved taking pictures in Queens and Staten Island or going to nightclubs in Brooklyn but no longer can due to the severity of your injuries. Your challenges could also leave you with little enthusiasm for life where you loved it prior to the accident.
Common Types of Cases Handled by A Bronx Personal Injury Lawyer
While a personal injury can occur in a variety of ways, the following tend to be the most common:
Generally, New York requires people filing a personal injury lawsuit to prove that a dog’s owner knew it was dangerous and could bite but did nothing about it. If a dog has acted dangerously in the past, however, the state allows liability after just one bite.
This occurs when a provider makes a serious error in diagnosis, treatment, or surgery that another provider with similar training and experience would not have made. As the injured party, it’s up to you and your accident attorneys to prove that medical malpractice occurred and not that you simply felt unhappy with your treatment.
Motor Vehicle Accident:
All New York drivers have the obligation to obey traffic laws and not use mind-altering substances before driving. Please don’t hesitate to contact our law office in the Bronx if you feel the other driver displayed negligence and disregard for your safety.
The term premises liability means that the owner of a property has the legal obligation to keep it well-maintained to prevent injuries to visitors. Two common examples of premises liability include sustaining an injury from an attack in a parking garage because the rental property management did not employ security and slipping on a wet floor in a shopping mall because the employee mopping the floor didn’t put up a sign warning that the floor could be slippery.
Trip And Fall Accidents:
These common types of personal injury claims can occur due to tripping over an out-of-place object, slipping on ice, falling from a high surface, and many other causes. You have the right to seek legal representation for any type of fall accidents caused by negligence, including construction site or other workplace accidents caused by a third party.
Most 18-wheelers weigh at least 10,000 pounds. When you think of it that way, it’s easy to see how people driving a personal vehicle have little chance in auto accidents involving large commercial vehicles. Although the Federal Motor Carrier Safety Administration enforces dozens of safety rules, it doesn’t always prevent serious injury or wrongful death of innocent parties.
While the New York Workers’ Compensation system does not allow injured employees to sue their employer, you may have a legitimate personal injury case against a third-party vendor or another party that caused or contributed to your injuries through negligent actions.
If you suffered the loss of a loved one due to the negligent or deliberate actions of another party, New York State gives you two years from the date of his or her death to file a wrongful death lawsuit. However, family members cannot pursue a wrongful death claim on behalf of their deceased loved one. Instead, they must appoint a personal representative who hires a Raphaelson & Levine personal injury attorney and initiates the wrongful death lawsuit.
Hire a Personal Injury Attorney from Our Law Office Today
If you’re looking for a Bronx personal injury lawyer with years of experience in all types of personal injury cases, look no further than Raphaelson & Levine. Serving New York City, Manhattan, White Plains, and all other surrounding communities, we are ready to put our resources to work to prove your case and help you recover the financial compensation you deserve. While we can never guarantee a specific outcome, we invite you to read our testimonials to see what other clients have to say about working with our law firm.
Raphaelson & Levin offer a free consultation and works on contingency after accepting your case. That means you pay no fee unless we recover compensation for you, and our fee comes directly from your settlement. When you have medical bills piling up because you can’t work and your quality of life has suffered dramatically, it’s only right that we hold the responsible party accountable. Please call 212-268-3222 or contact us today to request your free case evaluation.
A Few Successful Queens Personal Injury Cases Include:
- $600K Apartment Slip & Fall Settlement: When a dangerous slip and fall accident resulted in a severe back injury, our client turned to our experienced slip and fall attorneys for help. Read More.
- $1.8M Steamfitter Injury Settlement: When working as a Steamfitter on a construction site in the Bronx, our client, was hit by a 200-pound pipe. Read More.
- $1.5 M Scaffold Injury Settlement: A 65-year-old construction worker fell off a scaffold and broke his leg. Read More.
- $550K Pedestrian Accident – Jury Verdict: Raphaelson & Levine represented a 15-year-old girl who was struck by a motor vehicle while crossing the street. Read More.
- $1.3M Commercial Vehicle Pedestrian Accident Settlement: A 50-year-old female resident of the Bronx was struck by a Comercial vehicle causing life-changing injuries. Read More.
Fatal Train Accident Settlement
Automobile Defect Injury
Car Accident Trial Verdict
Airplane Crash Wrongful Death
Airplane Accident Settlement
Construction Fall Injury Pre-Trial Settlement
Scaffold Fall Settlement
Head-on Car Accident
Medical Error Injury Settlement
Truck Accident Settlement
Free Personal Injury: Bronx Lawyer Consultation
Please complete the form below, or call us directly at 212-268-3222, to schedule a free lawyer consultation with a Personal Injury: Bronx attorney at Raphaelson & Levine Law Firm.