If you or a loved one has been injured due to the recklessness or negligence of another party, you may be able to receive compensation for your losses through a New York personal injury claim or lawsuit. In most cases, this means filing a personal injury case against the at-fault party’s business, auto, or homeowner’s insurance policy, etc.

Remember, as a victim, you have the “burden of proof,” which means the obligation to prove the claim is in your hands. The defendant doesn’t have to prove anything in or out of court. Therefore, you’ll need to gather as much evidence as possible to prove your case. That’s why having a New York personal injury law firm representing you is important now than ever.

What Do I Need to Prove to Receive Compensation for My Injury?

Facts in each personal injury case are unique. If you want to win your case, you have to prove that the other party did something wrong or failed to do what a reasonable person should have done. You need credible evidence that links your injuries to the at-fault party’s “negligence.”

How Do I Prove Negligent Behavior?

Every personal injury case hinges on the concept of negligence. It can sometimes be difficult to prove another party’s negligent behavior due to prevailing circumstances. However, an experienced Bronx personal injury attorney can offer you clarity.

Often, proving negligence is the first step among several steps in a PI case. However, most cases face difficulties when trying to prove causation, which is between the initial negligence and the injury itself.

Here are the four elements of negligence:

Duty of care: this means the at-fault party was expected to behave in a certain way. For instance, an at-fault driver in a New York car accident is expected to drive safely and obey traffic laws, while an at-fault landlord is expected to keep his/her building free of any hazards.

Breach of duty: this party failed to uphold this duty of care by doing something wrong. A driver can do this by running a red light or texting while driving.

Causation: you need to show a direct correlation between your injuries and the at-fault party’s actions. Sometimes even after proving someone had breached a duty to care, they may still claim their negligence was not the cause of the accident – or sole cause at least. You need experienced car accident attorneys to help you prove such elements when the defendant is trying to dismiss fault.

Damages: you bear confirmed injuries backed up with evidence such as medical records. Damages here means the physical and emotional injuries, lost wages, and property damage as a consequence of the accident.

How Do I Prove Damages?

Proving these “damages” is the second thing your personal injury lawyer in New York must prove after negligence. Evidence needed here should be clear and direct, clamoring that the victim ought to be compensated.

For instance, you must prove that a driver’s failure to stop at a red light caused the accident and that the medical expenses you suffered were directly generated due to this accident. You need these records for this step: police report, medical records, photographs and video evidence, witness statements, employment records for verification of lost income, pain/treatment journal, expert witnesses’ opinions, and reports of previous accidents or complaints.

What to Do with These Documents

Your documentation will give a full picture of your personal injury claim in the Bronx, its strengths and weaknesses. You can then present your case skillfully and even approach the other side for a fair settlement.

Compiling the documentation may seem overwhelming, but you shouldn’t do it alone. Hire an injury attorney to help you identify and gather those documents for you.

What If I Was Partly Responsible for a New York Accident?

New York has a comparative negligence clause, which says that the court may look at each party’s degree of fault and award compensation based on this ratio. Even if you were partly at fault, you will still receive compensation for damages, but restricted to the other person’s percentage of fault.

In such cases, you need an agile and skillful NY personal injury lawyer who will protect and fight for your best interests.

What Should I Do If Contacted by the Other Party’s Insurance Company?

It would be best if you didn’t speak with an at-fault party’s insurance company before consulting with your attorney. The best way to do it is to have your lawyer communicate with them. Insurance adjusters are known to skew witness statements just to avoid paying compensation.

Besides, you shouldn’t accept or decline any offers until you have talked with your injury lawyer. The insurance providers are also notorious for lowballing accident victims to accept a much lower figure than what is considered fair. A knowledgeable Bronx car accident lawyer will be able to let you know what a fair settlement looks like after reviewing your case.

Are There Deadlines for Filing an Injury Claim in NY?

If you were involved in a car crash, you have up to 3 years from the accident date to file for a claim. New York also gives car accident victims an applicable no-fault insurance policy to cover medical expenses and loss of wages. In New York, you have 30 days to provide these forms to the no-fault insurance provider. Failure to adhere to these time limits will block any efforts to recover any compensation.

Counsel from a Legal Professional

New York personal injury victims have the right to recover compensation for their medical expenses, pain and suffering, lost wages, damages to property, and permanent physical damage. But all these depend on proving all the required parts of your case.

To make sure you’re on the right path to recovery, have knowledgeable legal counsel on your side. Your skilled attorney will work diligently to gather evidence of your accident and aggressively pursue the compensation you deserve. Talk to the experienced personal injury lawyers serving in the Bronx, Brooklyn, and larger New York area at 718-829-7400.

In most cases, two parties can be held responsible for a “slip & fall” or another injury on New York sidewalks. New York has shifted the responsibility for sidewalk upkeep and maintenance to the property owners adjacent to the walkways in most parts of the city. In some cases of premise liability, though, the city of New York would still be held responsible. This is where a Bronx personal injury lawyer can help.

This type of case is usually handled as a personal injury, or more precisely, a premise liability case. Depending on the details of your accident and where and how it happened, the owner of the adjacent property and the city of New York could be held accountable.

The city of New York has specific criteria if they are to be held accountable for the accident.
These are:

• The area is not maintained up to city standards.
• The accident happened on public property or in a public area.
• The area is under some type of construction or repair and is not marked as such.
• It adjoins a one, two, three-family home occupied by property owners for residential purposes.

Some of the most common sidewalk injuries simply may be due to ice or snow in the winter. Uneven sidewalks can cause you to trip and fall. Construction of any kind has to be marked very clearly to avoid harming yourself on materials or uneven surfaces.

The city also demands notice requirements for sidewalks that they manage. The city must have been notified in writing at least 14 days after your incident occurred. If the city was not notified within that time frame, you would not be able to recover any damages.

If the property is anything other than a one, two, or three-family home, then the owner holds the full responsibility for maintenance of the sidewalk and your accident. Any three family homes also must be used as a private residence for the owner to not be held responsible. If the multi-unit property is a business or rental property, then the building owners need to maintain the sidewalks adjacent to it and are accountable.

In 2003, the city of New York lobbied to have these laws changed, as they used to be held responsible for maintaining most of their sidewalks. After that, the owners are responsible for calling in any issues such as icy conditions or a broken sidewalk.

The best way to begin your premises liability case is to consult with an injury attorney, striving to recover the compensation their clients deserve. They will be able to consult with you on all facts that pertain to your case. Then you can know exactly who is responsible, how your case should be presented, and how to receive the compensation you need.

Can I Sue if I fall on a New York Sidewalk, and What Can I Expect?

Of course, there are many details of any lawsuit, but the short answer is, yes you can. If you have suffered injuries due to some other person’s, or institution’s, actions (or lack thereof), they can be held accountable no matter who they may be.

Whether your lawsuit is against an individual or the City itself, the usual defense for them to take is that your negligence was the real cause of your accident. They may declare that you were all or partially to blame, but in most well-prepared premises liability cases, you still may recover significant compensation. New York state is a “pure comparative negligence” state, and although you still may be awarded compensation, the state will reduce the awarded amount by your determined percentage of fault.

New York being a “pure comparative negligence” state is absolutely the main reason that you need to consult with a personal injury lawyer who is versed in premises liability law. These cases are complex, as they may have multiple owners and parties involved. The at-fault parties may not agree as to the percentage they are determined to be at fault, or the compensation demanded. It is especially difficult if you sue the city of New York itself. Consult with a local ice and snow injury attorney and provide the complete details of your case, and they can argue on your behalf.

What Should I Do Right After I am Injured on a New York Sidewalk?

First and foremost, seek medical attention right away! Call 911 if immediately needed, or if you feel you are able, you can go to a local emergency room or personal physician. Having a medical report from the attending physician as soon as you can will help greatly with any premises liability case your attorney might file.

If you are able, or if someone there is there to help, take as many pictures as you can in and around the scene of the accident.

Try to focus on these points:

• The exact location of your accident and its relation to the buildings, businesses, and structures nearby.
• Whether your accident was entirely adjacent, or in front of one business, or between two or more.
• Any and all dangerous conditions that may have contributed to your accident.
• General street and sidewalk conditions at the time of the accident.
• Detailed images of the injuries sustained.

Get the names, addresses, and contact information for all the witnesses you can. The more information you can document at the scene of the accident itself, the more information your personal injury attorney will have to fight for your rights and be successful in helping you face the future.

If you’re injured in an accident with a negligent motorist, a Bronx car accident attorney can scrutinize the evidence, examine the medical and police reports, obtain statements from witnesses, and help you file and pursue a personal injury claim for monetary damages.

In the state of New York, the injured victims of negligent drivers are entitled by law to financial compensation for their injury-related medical costs, lost income, pain and suffering, and related damages.

However, that compensation is not simply handed to injury victims. If you’re injured by a careless driver, to obtain your compensation, you and your lawyer will have to prove the driver was negligent and that the negligence was a direct cause of your personal injury or injuries.

What Happens When You File an Injury Claim?

That means your car accident claim will be investigated by an insurance company as well as by your own attorney. What happens in a car accident claim investigation? What will a New York car accident attorney do on an accident victim’s behalf?

If you’ll keep reading, you will learn the answers to these questions. You will also learn more about your rights and options if you become the injured victim of a negligent driver in the State of New York.

How Do Insurance Companies Investigate Injury Claims?

When you submit an injury claim to an auto insurance company, the company will assign a claims adjuster to your case, and the adjuster will examine the specifics of your injury claim. The adjuster’s job is to determine the value of your claim and negotiate a settlement with you.

New York’s no-fault insurance system is supposed to ensure that an auto insurance company will pay injured victims in traffic accidents up to $50,000 for demonstrable economic losses, including all medical bills and related expenses.

No-fault insurance also reimburses victims for lost wages, but it provides no compensation for pain and suffering. To receive compensation for pain and suffering, a victim must file a separate claim against the at-fault driver or any other party liable for causing the accident and injury.

What Steps Will a Claims Adjuster Take?

If you have been injured by a negligent driver, and if you’re submitting a pain and suffering injury claim to that driver’s auto insurance company – a “third-party” injury claim – one of a claims adjuster’s first steps will be to meet with and interview the negligent driver.

When you file an accident claim, a claims adjuster will additionally need copies of any records – for example, your medical records and the written police accident report – that are pertinent to your accident and injury.

A claims adjuster’s typical next step is sending the injury victim a letter explaining what the at-fault driver’s insurance policy provides. This letter may also request documents including hospital receipts, medical test results and records, and proof of other damages.

What Are Claims Adjusters Looking For?

All of this is merely the start of a car accident claim investigation. When you submit a third-party injury claim, the claims adjuster will seek to learn who you are and how to reduce the payout amount that you’re pursuing.

A claims adjuster may check your background to determine if you have a history of submitting insurance claims. A claims adjuster may also examine your social media accounts to determine if anything “useful” can be found there.

If a negligent driver injures you, don’t post anything – or delete anything that’s online – until you discuss your case with a Bronx car accident lawyer.

What is Your Attorney’s Role?

Claims adjusters usually ask injury victims to make a “formal” statement regarding the accident, exactly how it happened, and how the injury has affected the victim’s life. Don’t make any statement – that is your attorney’s job.

Understand that if you file a third-party accident claim, you and your claim will be thoroughly scrutinized. The claims adjuster will likely ask you for authorization to access your medical records.

Don’t sign that authorization – or any other insurance document – without consulting your lawyer. You could end up waiving your rights or consenting to something that is not in your interests. Let your attorney do all of the talking and negotiating with the insurance company.

What Else Should You Know About Claim Investigations?

When an adjuster has spoken to everyone involved and has fully examined the evidence, that adjuster will then determine the amount that the auto insurance company will offer to settle your injury claim.

To protect yourself, it is good to know several of the tactics that auto insurance companies may use when investigating car accident claims:

1. Auto insurance companies may conduct video surveillance that constitutes an invasion of privacy.
2. Auto insurance companies may use your old medical records to argue that your injury was pre-existing, or they may use your old driving records to argue that you are a careless driver and the accident was probably your fault.
3. Auto insurance companies may determine if you’ve filed previous personal injury claims. If you have, an insurance company may try to portray you as someone who is a “professional” personal injury plaintiff.
4. Auto insurance companies may not only look at your social media accounts. They may look at your friends’ accounts and comments, too.

How Are Personal Injury Claims Resolved?

If you’ve been injured by a negligent driver, let a Bronx car accident attorney answer all of a claims adjuster’s questions and handle the negotiations with the insurance company. Your attorney will protect your legal rights and negotiate aggressively for the compensation you need.

Most personal injury claims are resolved in private, out-of-court negotiations. In the rare cases where no reasonable settlement offer is made, a personal injury attorney will take the victim’s injury claim to trial and ask a jury to order the payment of the victim’s rightful compensation.

How Can You Learn More?

Don’t let an auto insurance company bully or intimidate you. Seeking a just settlement of a claim with an attorney’s help is your right. If an insurance company’s initial settlement offer is insufficient, your lawyer can almost certainly negotiate a more generous settlement offer.

If your injuries are severe, your future could depend on having the right attorney’s help. It is your right to seek and have a car accident lawyer’s help if you’ve been injured by another driver’s negligence, and it won’t cost you anything to learn more – or to take legal action.

Your first consultation with a traffic accident attorney is provided at no cost and with no obligation. If you and your attorney agree to proceed with a third-party claim, you will pay no attorney’s fee until and unless your accident attorney recovers compensation on your behalf.

In New York, if another person’s negligence has injured you – for instance, in a traffic collision, in a slip-an-fall incident, or in a case of medical malpractice – reach out at once for the legal help that a Bronx personal injury attorney can provide.

If negligence is the reason why you’re injured, the law entitles you to compensation for medical costs, lost income, and all other damages. If your injury temporarily or permanently disables you, you’re also entitled to compensation for future lost income or “lost earnings capacity.”

How Are Injured Negligence Victims Compensated?

However, the compensation for personal injuries doesn’t appear magically in your bank account or mailbox. To win compensation, an injury victim must prove that he or she was injured and that another person’s negligence is the reason why.

How does the personal injury process work? How can you pay a lawyer if you have unexpected medical bills and you may be out of work for weeks or even months? If you’ll keep reading, you will learn these answers and more about your rights as an injured victim of negligence.

To prove a personal injury claim, a negligence victim in New York will need the advice and services of the right New York personal injury attorney.

What is the Contingent Fee System?

Typically after being injured, a victim has unexpected medical expenses but no income because he or she is unable to return immediately to work. Many negligence victims and their families face financial hardship. How can someone in such a situation afford an attorney?

Personal injury lawyers in New York have a remedy for injury victims who face financial hardship. It’s called the “contingent” or “contingency” fee. The contingent fee system provides access to the courts for everyone, whether your financial circumstances are affluent or humble.

Under the contingent fee system, a personal injury victim – the “plaintiff” in a personal injury case – pays no attorney’s fee until and unless the attorney obtains a jury verdict or an out-of-court settlement from the negligent party – the “defendant” – on the victim’s behalf.

What Does the Contingent Fee System Ensure?

New York’s personal injury lawyers operate on the presumption that every victim of negligence, whether wealthy, poor, or in-between, deserves justice, a day in court, and the right lawyer’s advice and representation. The system ensures that every negligence victim can hire a lawyer.

Negligence victims frequently face circumstances that keep them from being able to pay an attorney “up front,” so personal injury attorneys are paid at the end of the legal process, and a lawyer’s fee is “contingent” on the lawyer’s success.

Since an average person probably cannot pay an hourly rate of $400 to $500 – or a $2,500-to-$5,000 up-front retainer – the contingency fee system is the only practical option for most injured negligence victims.

What Are the Other Advantages of Contingent Fees?

The contingent fee system provides those injured by negligence with a level playing field against a defendant – even if the defendant is a large insurance company or corporation.

This arrangement also prompts lawyers to fight aggressively and effectively for the justice and compensation that an injured negligence victim deserves. The system additionally serves to keep frivolous claims out of the courtroom so that serious claims receive the consideration they need.

What Else Will You Need to Prevail With an Injury Claim?

Nevertheless, the contingent fee system alone does not guarantee justice for every personal injury victim. Without convincing evidence that supports your claim, you probably won’t find an injury attorney who will take your case.

A personal injury claim must be thoroughly investigated and supported by persuasive evidence and testimony. If you do not have evidence, for example, your chance of succeeding with your personal injury claim – or even of finding an attorney to handle your case – is slim.

And if the party that was negligent has no insurance and cannot pay you compensation, taking legal action may not be the wise move. The right New York personal injury lawyer will advise you regarding the best way to proceed.

How Are Personal Injury Claims Resolved?

If you and your attorney agree to pursue an injury claim, the claim will probably be settled out of court. Most personal injury claims are resolved this way, and most personal injury victims do not even have to make a courtroom appearance.

But even if your case goes to trial and your lawsuit prevails, that isn’t always the end of the case. Defendants usually file an appeal when a large compensation award is ordered by a jury, or they negotiate at that point for a reduced compensation amount in return for not filing an appeal.

How is a Contingent Fee Amount Determined?

When the matter is finally resolved, the personal injury lawyer is usually paid a percentage of the total compensation amount. That percentage is determined when the attorney takes the case, and it usually ranges from about one-third to about forty percent of the compensation total.

The exact percentage a lawyer receives is negotiable, and a lawyer’s fee can go as high as forty-five percent in a personal injury case depending on what services are required and on the lawyer’s own experience and track record.

When a victim of negligence and a personal injury lawyer agree on a fee amount, the lawyer then pays “up-front” for the expenses that the case entails. Those expenses may include paying for depositions, filing fees, and additional incidental expenses.

Since most people can’t afford to pay an attorney up-front, the contingent fee arrangement offers a practical solution to the problem of paying for an attorney and accessing the justice system.

What Else is Important to Remember?

Of course, you must scrutinize thoroughly any fee agreement prior to signing it. Make sure that all of your questions have been answered and that you feel comfortable with the attorney, because you may work on the case together for up to a year or even longer.

If you’ve been injured in the New York City area, and if you are not sure whether negligence was involved, speak with an injury attorney. Do not agree to an insurance company’s initial settlement offer unless you’ve consulted first with a Bronx personal injury attorney.

Don’t let the cost of an attorney prevent you from seeking justice. Your legal rights are equal to anyone else’s. If you are injured because another person was negligent, the contingent fee system allows you to exercise your rights and seek the full compensation amount you need.

A whiplash injury occurs when the head is moved back and forth with great speed and force. Probably the most common reason for this is another vehicle hitting your vehicle from behind, either while you are not moving or moving at a much slower speed than the vehicle that hit you.

When two objects meet, weighing thousands of pounds each, the physics involved can be devastating to your body. You may instantly go from zero velocity to 50 or more MPH. This causes enormous strain on your head, neck and spine.

This injury may range from minor aches and pains all the way to major damage to your neck, nerves emanating from the spine, or the spine itself. The injury may be felt immediately, or the pain and soreness may be noticed days after the accident.

The soft tissue of the neck may be affected, which just may cause redness, aches and pains. If more severe, major inflammation can occur, spine damage and even brain injury. This type of injury is serious, and you should immediately seek medical attention.

You may lose days at work, income, mobility, quality of life, or have a severe life changing experience. This can all cost you money, in conjunction with immediate medical help, and a local personal injury attorney should be contacted.

How do I know I am getting fair compensation with a Whiplash Injury?

With a Whiplash Injury, expenses may mount up very rapidly. Paramedics should look you over, and many times recommend you go to the hospital. A doctor who is familiar with this type of injury should examine you. As stated, many times these injuries are difficult to diagnose.

Both their severity, and long term treatment and possible outcome will help determine the compensation you should honestly receive. Most, or all of these expenses are covered in a Whiplash case settlement, and only a car accident lawyer will be able to determine what funds are, or may be needed for your future recovery.

Only an attorney with long term experience with this type of injury, and one that will strive to recover the compensation you deserve will be able to calculate the funds needed to fund your future recovery.

Some of these expenses cannot be immediately determined, by may include the following:

• Out of Pocket Expenses – Immediate expenses that you may have to pay. When your health is concerned, time here is a factor, and you can be compensated for most (or all) of the money you had to spend initially.
• Missed Workdays: If you missed days at work, you may be compensated for the amount you would have earned. If some form of disability occurs from the accident, you may have a disability claim that can be filed for loss of earning ability, possibly for the rest of your life.
• Medical Expenses: We all know that any hospital visit, physical therapy, and any form of medical treatment results in major costs to you. Whether you have health insurance or not, many of these expenses could have high co-pays, or not be covered at all. Due to this, your future health and well being of you and your family, may be dependent on the compensation you are granted in the case.

If you need continued treatment, physical therapy, etc., these things may go on for years and you must be provided with the funds to continue these therapies, as well as continue to provide income for you and your family to adequately live on.

An accident attorney will be invaluable in putting all the facets of your case together for your lawsuit and explaining exactly to the judge, and/or court, how much is needed, and will be needed. You need funds to maintain your current and future treatments and to keep providing a decent income for you and your dependents.

What Is the Average Payout for Whiplash New York?

As you see from the information above, there are many factors that come into play here that determine what your unique whiplash case may payout to you.

According to only one source, the average payout for whiplash cases can range from $2500 to $30,000 or more. The amount you are to receive is determined by all of the factors involved.

Such As:

• Did you have extraordinarily high Initial out of pocket expenses?
• Did you require hospitalization or a lengthy hospital stay?
• Can you go back to work and when?
• Did you suffer loss of income or will you have loss of future income?
• Are there mental issues or brain injury?
• Did your family suffer during this accident or during your hospitalization or recovery?
• How long will it take for you to fully recover, if at all?

This list can go on, but directly points out the need for an accident attorney that is versed in this area of the law, and who can formulate your case, document your case, and present your case to the judge or the court.

Pain and suffering is not limited to broken bones, etc. Yes, it will include the physical pain and suffering of the accident, but can also include:

• Depression, anxiety, memory loss, insomnia and other emotional disorders
• Physical limitations that may even lessen your interaction with your spouse and children
• Loss of consortium (supportive relationship) with your family
• Any other emotional or psychological disorder

Most victims of accidents, especially due to the negligence of others, suffer much more than the receipts put forth for their bills. It is a much harder task to determine the “pain and suffering” that the accident caused you, and your family.

Also it is harder to justify the amount asked for due to this “pain and suffering.” However, an attorney can help answer all the questions you java about your case, and can also work to get you the financial compensation you need to get on with your life.