Hiring New York City Personal Injury Lawyer
Helping Injured Victims Recover Compensation
When you are involved in an accident that is brought about by another person’s negligence, you can suffer both acute and long-term injuries. Those injuries might be compensable under injury law.
Our injury attorneys at Lipsig, Shapey, Manus & Moverman have been representing innocent victims of accidents and on-the-job injuries for over 80 years. Our strong legal knowledge and skilled representation have led to hundreds of favorable settlements and jury verdicts for our clients. Give us a call today at (917) 336-4256, or contact us online to find out how we might be able to assist you with your injury matter.
Areas of Representation
Our experienced injury lawyers are adept at representing clients in accident cases that arise from the following:
- Car accidents
- Truck accidents
- Workplace accidents (including construction, scaffolding, and ladder accidents)
- Uber and Lyft accidents
- Slip and falls
- Negligent security and premises liability
- Wrongful death
If you have suffered injuries and damages in any of these areas, give our experienced lawyers a call today to find out how we might be able to assist.
Common Injury Risks in NYC
If you have been injured by someone else’s negligence in New York City, it leaves you at a real disadvantage. While personal injuries such as yours can come in nearly limitless varieties, some of the most common include:
- Traffic accidents of every kind, including car, truck, rideshare, motorcycle, bike, scooter, and pedestrian accidents
- Mass transit accidents
- Boat accidents
- Vacation accidents
- Slip and falls, elevator accidents, and other kinds of premises liability claims
- Accidents caused by dangerous products (product liability claims)
There are also cases that are closely related to personal injury cases that come with their own classifications, such as medical malpractice, workers’ compensation, and wrongful death claims.
Any one of these accidents can lead to serious injuries and equally serious legal damages that generally fall into the following classifications:
- Property damage (such as to your vehicle in a traffic accident)
- Medical expenses, which can be both extensive and ongoing
- Lost earnings, which can lead to a decrease in your overall earning power
- Physical and emotional pain and suffering
What Is the Personal Injury Claims Process?
While every personal injury claim is unique to the circumstances involved, the basic process remains consistent across claims, including:
- You will file your claim with the at-fault party’s insurance carrier, such as the negligent driver’s car insurance provider (in a car accident claim).
- You will negotiate for a settlement that adequately addresses your full range of physical, financial, and emotional damages with the insurance company.
- If the insurance company refuses to negotiate in good faith, you will file a lawsuit against it – in pursuit of just compensation.
These are the oversimplified steps that make up the personal injury claims process, but perhaps the most important steps – the ones that are most likely to help ensure that your claim reaches a beneficial resolution – include the following:
- Seeking the medical attention you need as soon after the accident as possible and carefully following your medical team’s advice and instructions
- Consulting with an experienced NYC personal injury attorney as soon after the accident as possible and allowing him or her to negotiate with the insurance company on your behalf
How Is Negligence Determined in PI Cases?
Determining negligence in personal injury cases is often complicated, and it is a job that is best left in the capable hands of legal professionals. The process of determining fault often revolves around a number of different variables, including:
- Evidence that is gathered and analyzed by your dedicated personal injury attorney (and any evidence gathered by you and/or onlookers at the scene)
- Accident recreation efforts
- The testimony of expert witnesses in the involved field
- The testimony of eyewitnesses at the scene of the accident
- The accident report generated by the attending officer
One nearly universal truth is that unless fault is obvious (with no room for doubt) in your personal injury claim, the insurance company handling your claim is going to attempt to cast doubt on its policyholder’s fault in the matter. The adjuster will often attempt to focus that fault on you, instead. Don’t be swayed or intimidated by these efforts.
Ultimately, the evidence will back up your claim, which makes it important to take this kind of tactic by the insurance company with a grain of salt. Another important point that needs to be made is that, even if you are found to share fault for the accident in question, you are not barred – in the State of New York – from seeking the percentage of damages that the other party is responsible for.
What Role Does a PI Attorney Play?
Having a personal injury attorney in your corner can greatly increase your ability to obtain the compensation to which you are entitled, which makes working closely with an experienced personal injury attorney paramount. The attorney’s exact role can include all of the following:
- Building your strongest claim (that is difficult for the insurance company to refute)
- Negotiating with the insurance company on your behalf (the insurance company is skilled at tripping up claimants, and having a buffer is in your own best interest)
- Helping you understand your best options and advising you regarding when it’s time to settle and when it’s time to push harder by filing a lawsuit
- Taking care of all the legal complications, filings, and exacting legal tasks while you tend to the important matter of recovering from your injuries
Your personal injury attorney will, in essence, help effectively and efficiently guide your personal injury claim toward its optimal outcome.
What Is the Value of My Personal Injury Claim?
Because your claim is specific to the circumstances involved, there is no way to put an exact value on it from afar. However, when you carefully assess the damages you’ve suffered as a result of the other party’s negligence, you can get an idea of what your claim may be worth. In addition to the serious physical and emotional pain and suffering you endured (which can significantly increase the value of your claim), there are economic damages to consider.
The medical costs you face can be astronomical, and there may be no end in sight. Serious injuries are closely associated with secondary health issues, and the need for ongoing medical attention is not uncommon. The basic medical expenses you could be looking at include:
- Emergency care at and emergency transportation from the scene of the accident
- Surgical care and follow-up care
- Treatment and care from specialists, doctors, and other medical professionals
- Medical testing, procedures, treatment, X-rays, and scans
- Occupational therapy and/or physical therapy
- Prescription medications
- Adaptive physical devices and adaptations to home, office, and vehicle
- Home health care
- Assistance with the activities of daily living
While you are recovering from your physical injuries, you’ll likely be off the job, which means you’re unlikely to bring in as much income in wages. This financial downturn can be extremely challenging and can be made all the worse if your injuries affect your ability to do your job or alter the trajectory of your career. Not only are these consequences financially devastating, but they can also be emotionally challenging due to losing your livelihood.
The burden of Proof in Accident Cases
In cases that involve negligence, the accident victim must be able to demonstrate that another person acted unreasonably under the circumstances and that this negligence proximately led to the damages and injuries suffered. In the case of motor vehicle accidents, the accident victim may file a claim for no-fault insurance. He or she could also bring a claim against the negligent driver in cases that involve permanent injuries.
With on-the-job illnesses and injuries, the accident victim may be eligible to recover various forms of compensation, regardless of who caused the accident. To be eligible to make a New York workers’ compensation claim, the accident victim must have suffered an injury while working within the scope of employment – and while working on the job.
FAQs about Personal Injury Cases
It is important to recognize that every personal injury case follows its own natural progression and involves circumstances that are case-specific. This said, however, there are certain basics that apply universally, and the answers to the following frequently asked questions can help you make better-informed decisions regarding your own claim:
- What should I do first?
If you have been injured as a result of someone else’s negligence, the first order of business is always obtaining the medical attention you need. After you’ve secured medical help, it’s time to consult with an experienced New York City personal injury attorney who will immediately get to work championing your rights in support of a claim resolution that protects your best interests.
- Do I need to provide a recorded statement to the insurance company?
If someone else’s negligence leaves you injured in an accident (of any kind), you’re going to be hearing from that person or entity’s insurance company. Further, that insurance company is likely going to request that you provide a statement about the accident (typically a recorded statement). You are not required to provide such a statement, and it’s is the best interest of your case not to do so.
- How will I pay for an attorney?
You’ve been injured, and that injury leaves you currently unable to work and is causing you to experience mounting medical expenses. This obviously isn’t a great time to add legal expenses to your budget. Reputable personal injury attorneys, however, work on a contingency basis, which means that their pay is contingent upon you being compensated by the insurance company for your damages.
While personal injury cases come in many forms, some of the most common are traffic accidents, and negligence in these cases tends to run to the following categories:
- Distraction – Motorists are responsible for training their full attention on driving safely, and drivers who are distracted by anything other than this important task, put everyone at risk. Smartphones are quickly becoming the most dangerous and most common distraction of all.
- Impairment – Motorists are well aware that drinking and driving is as dangerous as it is foolish. Nevertheless, many motorists refuse to swear off this terrible practice.
- Exhaustion – Exhaustion is another form of dangerous impairment that can precipitate life-threatening accidents.
- Excessive Speed – Excessive driving speeds are closely associated with dangerous driving accidents.
- Aggression – Aggressive drivers are easily some of the most dangerous drivers out there. Aggression can take many forms, and they’re all dangerous. Further, aggressive drivers tend to engage in multiple forms of aggression all at once, which helps ensure that they’re as dangerous as they can possibly be. Aggressive driving practices include tailgating, zipping in and out of traffic, passing illegally, failing to yield the right of way, attempting to distract and/or offend other motorists, and much more.
If a negligent motorist leaves you or someone you love injured in a traffic accident, an experienced New York City personal injury attorney can help.
The damages available in accident cases depend largely upon the extent of the injuries, the amounts of the medical bills incurred, and the extent of permanence (if any) from which the accident victim is expected to suffer.
Compensable damages in a New York City accident case might include damages for medical bills, missed time from work, pain and suffering, lost earning capacity, mental distress, inconvenience, and loss of spousal companionship.
Call us for Assistance Today
Personal injuries resulting from another’s negligence are fully compensable under the law.
The lawyers at Lipsig, Shapey, Manus & Moverman can review your case, determine your eligibility, negotiate the case on your behalf, and litigate your case through the court system, if necessary.
To schedule a free consultation or case evaluation, please call us today at (917) 336-4256, or contact us online.