It can seem like a true miscarriage of justice when you experience a serious personal injury due to someone else’s careless actions. While that person goes on with their life, you must deal with issues such as mounting medical expenses, missing time from work, and your physical and emotional recovery. If you’re considering filing a personal injury lawsuit, you must do so before the three-year statute of limitations in New York expires. Raphaelson Levine, a plaintiff’s law firm near Staten Island, New York, is available to help you now at 212-268-3222.
Why Work with the Personal Injury Lawyers at Raphaelson Levine?
As a personal injury law firm since 1992, we have helped thousands of New York residents pursue and obtain their rightful compensation after a serious personal injury. Our Staten Island personal injury lawyers have many years of experience negotiating with insurance companies and representing injured clients in court trials to ensure the maximum compensation in the form of a personal injury lawsuit.
We offer a free consultation to learn more about your case and for you to learn more about the lawyers who represent our law offices. After what you have been through already, you owe it to yourself to begin an attorney-client relationship to pursue justice against the negligent party.
How the No-Fault Laws in New York Affect Your Personal Injury Claim
If you have been involved in a car accident, you should know that New York is one of 12 states that enforce no-fault laws when it comes to collecting damages for personal injury and property damage. What that means is that state law requires your own insurance company to pay a percentage of the expenses you incurred in the car accident regardless of who was at fault. This bars you from pursuing a personal injury claim in most cases. However, you can proceed as planned if you meet one of these three exceptions:
- You sustained a permanent injury due to the actions of the other party.
- You have permanent or significant loss of a body part due to injuries received in the car accident.
- The car accident gave you permanent scarring and/or disfigurement.
Your personal injury attorney will help determine if you meet any of the above criteria and should proceed with filing your lawsuit.
Comparative Negligence Laws Apply to All Types of Serious Injuries in New York
Another thing to know before filing a personal injury claim in New York is that the state enforces a law known as comparative negligence. Each state sets its own guidelines regarding whether injury victims can file a lawsuit if they share any responsibility for causing the accident. Some are extremely strict and will throw out a personal injury lawsuit if the plaintiff shares even one percent of the blame of causing the accident that led to him or her sustaining serious injuries.
New York takes a middle-ground approach with comparative negligence. If you win a settlement and the jury finds you 10 percent responsible for causing the accident, you will receive 90 percent of the payout instead of 100 percent. Working with experienced Staten Island personal injury lawyers is crucial because they will demonstrate how the other party bears complete responsibility and that you’re entitled to the full payout amount.
Common Types of Personal Injury Cases In Staten Island
The following are some of the most typical reasons that people choose to work with our New York law firm to file a personal injury lawsuit:
Drinking and driving, speeding, aggressive driving, and distracted driving are just some common causes of auto accidents in New York. The good news is that we are here to provide legal advice and pursue financial recovery and justice for accident victims.
According to the Occupational Health and Safety Administration (OSHA), 1,038 workers died in construction accidents in 2018, the last year for which data is available. Thousands more suffered serious injuries. However, you may only pursue a wrongful death or personal injury claim against a third party and not your employer under the regulations of the New York workers’ compensation system.
Tripping over a store display, having a foreign object strike you from any direction, or slipping on ice in a poorly maintained parking lot are all examples of fall accidents for which another party may be liable.
Your provider may be guilty of medical malpractice if you can prove that he or she had a duty to treat you and failed in that duty. This could be a failure to diagnose, incorrect diagnosis, surgical error, medication error, or many other possibilities.
Road rash, burns, traumatic brain injury, and permanent paralysis are just some of the serious injuries associated with motorcycle accidents. These can occur even when you wear a helmet and drive carefully since you can’t control the actions of other drivers.
Nursing Home Neglect:
Placing an older relative in a nursing home is a heart-wrenching decision for most families. When they learn that their loved one has experienced nursing home neglect instead of compassionate care, it can be more than families can bear. We understand your heartache and are prepared to fight for maximum compensation on behalf of your vulnerable loved one.
Understanding premises liability can be complex because it depends if you were an invited or uninvited guest as well as if you were on the property legally or not. Our Staten Island personal injury attorneys have many years of experience determining the status of the injured person in premises liability cases and can do the same for you.
Commercial 18-wheel vehicles can cause serious injuries in a motor vehicle accident due to their sheer size. Pursuing financial justice can become complicated since many parties may share liability. One of the benefits of obtaining legal representation as soon as possible is that your personal injury attorney will conduct research to determine which parties you should sue.
An attack by a dog can be especially traumatic, not to mention that it can also leave you with serious injuries. New York law requires you to prove that the dog owner did nothing to protect the public even knowing the dog was dangerous before you can file a personal injury claim. If New York City or another community where the dog lives deem it dangerous, it only needs to bite one time for the city to hold the owner liable for medical bills and other costs associated with recovery.
“Keep in mind that many more types of personal injury exist. Please don’t hesitate to contact the law firm of Raphaelson Levine if you have experienced a personal injury of any kind due to another person’s negligence.”Andrew Levine, Personal Injury Lawyer, Raphaelson & Levine
Reserve Your Free Initial Consultation Today With A State Island Personal Injury Lawyer
Raphaelson & Levine serves a large geographical area that includes Staten Island, The Bronx, New York City, Manhattan, Brooklyn, Queens, and many others. We invite you to contact our law firm today to schedule your initial consultation with our experienced personal injury lawyers. Raphaelson & Levine always act with integrity and will tell you if you have a valid personal injury case or not. If so, your personal injury attorney will explain each of the next steps as you pursue payment for your medical bills, lost wages, destroyed or damaged property, pain and suffering, and several other categories of compensation. Call today for your free case evaluation at 212-268-3222.
Some Successful Personal Injury Cases Include:
- $5.3M Fatal Train Accident Settlement: After a young father was killed as a result of a train accident in New York, his family contacted Raphaelson & Levine Law Firm for representation Read More.
- $2.2 Million Head-On Car Accident Settlement: A woman was driving when her car was suddenly struck head-on by another driver, a female, who was recklessly speeding to pick up her child at school. Read More.
- $2.8 Million Rear-End Car Accident Trial Verdict: Two sisters were passengers in a car that was rear-ended, and each suffered painful injuries as a result of the accident. Read More.
- $5.75M Construction Accident Settlement: A certified HVAC contractor was working at the top of an opening that led to an underground vault that serviced when he was severely injured. Read More.
- $400K Pedestrian Accident Settlement: Howard Raphaelson and Andrew Levine litigated and negotiated a claim in under one year for a client who was violently struck by a massive Range Rover. 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
Scaffolding Accident Settlement
Scaffold Fall Settlement
Head-on Car Accident
Medical Error Injury Settlement
Free Personal Injury: Staten Island 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: Staten Island attorney at Raphaelson & Levine Law Firm.