A Beginner’s Guide to Personal Injury Law in NYC

A Beginner’s Guide to Personal Injury Law in NYC

Personal injury law in New York City provides legal recourse for individuals who have suffered harm due to the negligence, carelessness, or wrongful actions of others. Whether it's a car accident, slip and fall, or workplace injury, personal injury law allows injured parties to seek compensation for their losses. If you are unfamiliar with how personal injury law works in NYC, this guide provides essential information to help you understand the process and your rights.

Introduction to Personal Injury Law in NYC

Personal injury law in New York City falls under civil law and provides legal avenues for individuals who are injured due to the negligence or intentional actions of another party. In personal injury cases, the injured party (plaintiff) can seek damages from the responsible party (defendant), usually for medical expenses, lost wages, and pain and suffering. New York's personal injury laws are rooted in negligence, which requires proving that the responsible party failed to exercise reasonable care.

Common Types of Personal Injury Cases in NYC

There are several types of personal injury cases commonly seen in New York City, each stemming from different circumstances. Some of the most frequent include:

• Auto Accidents: Car, truck, and motorcycle accidents are among the most common causes of personal injury claims. Injuries can range from minor cuts and bruises to severe, life-changing injuries.
• Slip and Fall Accidents: Property owners and businesses have a duty to keep their premises safe. If someone falls due to a hazardous condition (e.g., wet floors or broken sidewalks), they may have grounds for a slip and fall lawsuit.
• Workplace Accidents: Employees who are injured on the job may file personal injury claims, particularly if the injury occurred due to unsafe working conditions.
• Product Liability: If a defective product causes harm, a person may be able to file a product liability claim against the manufacturer or seller.

Who Can File a Personal Injury Claim?

In New York City, anyone who has been injured due to someone else’s negligence can file a personal injury claim. This includes pedestrians, drivers, passengers, workers, and others who have sustained harm due to the actions or omissions of another. Taking this into account, there are some limitations, such as the type of injury and the statute of limitations, which is generally three years from the date of the injury for most personal injury cases, but can be shorter.

NYC’s No-Fault Insurance Law

New York is a no-fault state when it comes to car accidents. This means that after an accident, your own insurance company will pay for your medical bills and lost wages, regardless of who caused the accident. Based on this, this system only applies to injuries sustained in car accidents. If your injuries are severe enough to meet certain thresholds, you may pursue a lawsuit against the at-fault driver for additional damages, such as pain and suffering.

The Role of Negligence in NYC Personal Injury Cases

Negligence plays a crucial role in personal injury cases. To win a personal injury claim, the plaintiff must prove that the defendant was negligent. Negligence refers to a failure to act with reasonable care, resulting in harm to another person. For example, in a car accident case, negligence could involve speeding, running a red light, or failing to yield the right of way.

In New York, the plaintiff must show the following elements of negligence:

1. The defendant owed a duty of care.
2. The defendant breached that duty of care.
3. The breach of duty caused the injury.
4. The injury resulted in damages.

Steps to Take After a Personal Injury Accident

If you have been injured in an accident in New York City, it’s important to take the right steps to protect your rights and strengthen your case:

• Seek medical attention immediately: Even if your injuries seem minor, it’s important to get checked by a healthcare professional.
• Document the accident scene: Take photos of the accident site, your injuries, and any property damage. Gather contact information from any witnesses.
• Report the incident: Notify the police, employer, or property owner, depending on the type of accident.
• Avoid admitting fault: Never admit fault at the scene, as it could harm your case later.
• Contact a personal injury lawyer: A skilled attorney can guide you through the claims process and help you build a strong case.

How Personal Injury Claims Work in NYC

Once you have taken the necessary steps to document your accident and seek treatment, the next step is to file a personal injury claim.The claims process involves several steps:

1. Investigation and Discovery: Your lawyer will gather evidence, such as medical records, accident reports, and witness statements, to build a strong case.
2. Discovery: Your lawyer will send a packet to the defendant’s insurance company, outlining the facts of the case and your damage.  Your lawyer will likely commence an action.
3. Negotiation: Often, insurance companies will try to settle the claim for a low amount. Your lawyer will negotiate on your behalf to ensure you get fair compensation.
4. Litigation: If a settlement cannot be reached, your case may go to trial, where your attorney will present your case before a judge and jury.

Compensation and Damages You Can Seek

If you successfully prove your personal injury claim, you may be entitled to several types of compensation, including:

• Medical Expenses: Costs for current and future medical treatment related to the injury.
• Lost Wages: Compensation for income lost due to the injury, as well as future loss of earning potential.
• Pain and Suffering: Damages for physical pain, emotional distress, and reduced quality of life.
• Property Damage: Compensation for damage to personal property, such as your vehicle in a car accident.
• Punitive Damages: In cases of extreme negligence or intentional misconduct, the court may award punitive damages to punish the defendant.

When to Contact a Personal Injury Lawyer

It’s essential to contact a personal injury lawyer as soon as possible after an accident. An experienced attorney can help protect your rights, ensure you meet legal deadlines, and guide you through the complex claims process. If you’ve suffered serious injuries, it’s even more critical to have legal representation to maximize your chances of securing fair compensation.

A skilled attorney can also help you understand whether you have a valid claim, deal with insurance companies, and negotiate the best possible settlement on your behalf. Personal injury law can be complex in a city like New York. Pertaining to this, with the right lawyer by your side, you can ensure your rights are protected and that you receive the highest possible compensation for your injuries and losses.

Our New York City Personal Injury Lawyers Will Fight to Maximize Your Compensation

If you have been injured due to someone else's negligence, you have the right to pursue compensation for your pain, suffering, medical expenses, lost wages, and more. Michael S. Lamonsoff, "The Bull," and his team at the Law Offices of Michael S. Lamonsoff are recognized as some of New York City's most successful and trusted personal injury attorneys.

With over 150 years of combined legal experience and more than half a billion dollars recovered in settlements and verdicts for our clients, we have built a reputation for tenacious representation and exceptional results. Whether you have been injured in a car accident, slip and fall, construction accident, or any other personal injury incident, we will fight relentlessly for the maximum compensation you are entitled to.

We understand the physical, emotional, and financial toll an injury can take on you and your loved ones, and we are committed to securing the best possible outcome for your case. At the Law Offices of Michael S. Lamonsoff, we believe in personalizing every case, ensuring that our clients receive the attention, resources, and legal skills they need during their time of need.

Reach out to us today to schedule your free consultation and let us put our experience to work for you. Call 212-962-1020 or fill out our online contact form to get started.