At Greenstein & Milbauer, LLP, our clients come first. From the very first moment you contact us, it’s our goal to show you that you made the right choice.
New York City Personal Injury Lawyers
With the knowledge and confidence that comes with a successful track record, our NYC personal injury lawyers can help you seek financial compensation for any injuries associated with a car accident, truck accident, motorcycle accident, nursing home abuse incident, medical malpractice incident, construction accident, premises liability accident, fatal accident, and more.
Working diligently on your behalf so that you don’t have to worry about the insurance adjusters, mounting medical bills, or lost wages due to time off work, our injury attorneys want you to concentrate on your recovery while we handle the rest. We are New York City personal injury lawyers who will be committed to your case from the beginning to the end, and we will help you seek the best possible outcome for your injury claim.
We strive to maximize your compensation so that you can heal without worry for the future.
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Talk to an Injury Attorney in New York for Free
There is no substitute for selecting knowledgeable, compassionate, and aggressive New York City personal injury lawyers you can trust. You need to know that your law firm will provide you and your loved ones with the capable legal representation you deserve.
Greenstein & Milbauer, LLP provides each new client with a free, no-obligation consultation so that you can get answers to all your questions. We want you to feel comfortable with the personal injury process and know that we’re here to help from the moment you contact us.
Why should I hire Greenstein & MIlbauer? What should I expect when I call the office?
Leaders in NYC Personal Injury Law
We understand the emotional stress that accompanies an injury. We will communicate with your insurance company on your behalf and negotiate your personal injury claim’s settlement.
We recognize that you should be compensated for your inability to work. Our NYC injury attorneys will ensure that your lost income will be factored into your settlement.
We know it may be difficult for you to visit our office, so we are available to meet you at your residence or medical facility. We have investigators on hand ready to travel to you and personally assist you in your claim. We want your experience with us to be as effortless as possible.
You will be treated to exceptional service by seasoned NYC personal injury attorneys with decades of experience who are dedicated to protecting your rights.
You will be able to speak directly with Rob Greenstein and Seth Milbauer, the partners of our firm. They are 100 percent committed to recovering the maximum compensation possible for your accident or injury case.
NYC Personal Injury Lawyer
New York City is a busy place, with plenty of people to meet, things to see, and places to go. Unfortunately, that means there are more chances that you’ll end up with a serious injury that leaves you unable to enjoy the sights and sounds of the city.
Worse, once you’re dealing with all the difficulties that come with a major injury, you might find that the people responsible for paying for your recovery aren’t so willing to admit liability. They’re content to leave you and your family to deal with the aftermath, effectively making you a victim a second time.
Don’t be a victim twice! With an NYC personal injury lawyer from Greenstein & Milbauer, LLP, you’ll have someone on your side to fight for the compensation you need. It’s not always easy to recover the damages you need, but our NYC personal injury attorneys have the experience you need to get through your claim and onto a successful resolution.
When you’re injured, you might not be sure where to start, let alone how to get the compensation you need. Our personal injury lawyers can get you started by first reviewing your claim type, which will give your attorney the information needed to get started.
While your claim type may fall under the broader umbrella of “personal injury,” different claim types may have different statutes and laws that apply. This could affect the amount of time you have to file, how much you’ll be eligible to recover in damages, who’s at fault, and other major details of your claim.
Without information about your injury claim type, you might have trouble filing your claim and getting your compensation quickly. As such, you’ll need to give as many details about your injury as possible to your attorney, who can then help you use that information to narrow down things like who’s at fault and what your next steps should be.
One of the most common types of personal injury claims are car accidents. For example, you might have been on one of New York City’s major streets and as you were passing through an intersection, someone ran a red light and T-boned you. You were seriously injured, and the other driver was responsible for the accident.
Car accidents can be especially complicated because of the “no-fault” insurance laws New Yorkers must deal with after a crash. This means that in most scenarios, you’ll be dealing with your own insurance company to get your settlement. However, if your injuries are serious enough, you can seek compensation from the at-fault party through a personal injury claim.
This is difficult when you’re already dealing with the pain and suffering that comes with an auto wreck, which is where an NYC injury lawyer from Greenstein & Milbauer, LLP can help. Insurers can be difficult, so be sure to talk to an attorney about protecting your rights and securing your compensation.
In some cases, your injuries might not have been caused by another person’s carelessness. Instead, someone may have intentionally injured you, and now you’re dealing with the consequences of his or her malicious actions. This is a painful experience, and you should seek compensation for your injuries.
These cases are complicated because you’re not only dealing with the civil lawsuit for your damages. You’ll also have the criminal trial on your hands, which can take time and will often take first priority in the court system.
As such, you’ll need help ensuring that you act in time and have kept up with the differences between the two cases. Fortunately, our NYC personal injury lawyers can incorporate the evidence brought forward in the criminal trial and use the findings to get you the compensation you deserve.
Unfortunately, even doctors make mistakes. While we regularly trust doctors with our health, they can and do make mistakes that leave us in worse shape than before. When that mistake is because they were reckless or negligent with your health, however, you might be eligible for compensation through a medical malpractice claim.
Fighting a medical malpractice insurer in the courtroom isn’t easy, however. While New York doesn’t cap the damages you can recover for a medical negligence case, you are limited to just two years and six months from the time of the incident or final treatment in which to file. This means that if you don’t move fast enough, you could lose your chance to receive compensation for your damages.
Since fighting back can be such a complicated process, it’s best to contact a lawyer as soon as possible if you’re considering a medical malpractice claim. You may need help with other case-specific issues, as well, such as showing that your doctor’s actions were negligent, which can be difficult to prove.
Once you’ve determined what type of personal injury claim you’re dealing with, you can then focus on who’s at fault. Knowing who’s responsible for paying your damages is important to resolving your case as quickly as possible, but it can be difficult to determine who should pay for your compensation.
It often seems simple enough to determine. The person who caused the accident or intentionally injured you should be the one to pay for the damages, right? Unfortunately, it’s not always that simple. In some injury cases, the person who caused the accident might not be the one who will pay for your damages. For example, things like employer liability mean that if someone who was working caused your injury, the employer could be responsible instead.
Similarly, your accident might not even have been the fault of a person. You might have been injured by a faulty appliance, a defective drug, or other products that should have done their job but instead injured you. In these cases, your NYC personal injury lawyer will need to investigate who might have caused the defect, such as the manufacturer, and hold them accountable.
In many cases, your injuries can prevent you from living your life as you would like to. You’re not just dealing with the expenses that come from these injuries, after all. You’re also dealing with the pain and the major life changes that come with a serious or catastrophic injury.
An injury can take time, expenses, and a lot of suffering to get through, and that’s difficult to deal with. Fortunately, a top New York City injury lawyer can ease the pressure that you might be feeling and make sure you get the monetary compensation you need.
If you’re suffering from an injury, you deserve compensation to handle those injuries. Not sure what to include in your demand letter? You could be suffering from any of the following major injuries and the losses they incur:
Traumatic Brain Injuries– A TBI can range from a concussion to hemorrhaging and severe damage to the brain. These head injuries should be taken seriously: Your basic mental functions, like memory and focus, can be affected by even a mild concussion. This can be especially distressing, so be sure to speak to your personal injury lawyer in NYC about these damages.
Spinal Cord Injuries – A spinal injury is typically either incomplete or complete, though both can affect your range of motion. If your injury is complete, this means that your spinal cord is completely severed, disrupting the nerves below the point of the injury.
Bone Fractures – While a broken bone is generally not a deadly injury, it can make it difficult or impossible to work. On top of that, fractures are known to be especially painful, which makes your recovery more difficult. Since this can seriously affect your life, you’ll need to include the direct damages, like your pain and expenses, as well as the future costs of a fracture.
Organ Damage – Even if you don’t believe you’re injured, a traumatic blow, such as a car crash, can cause damage and bleeding to your internal organs. Without treatment, this damage could turn deadly quickly.
Whiplash – While we usually don’t think about how serious whiplash is, a neck injury can limit your motion and cause plenty of pain. Whiplash can also take time to treat: The muscles in your neck will need strengthening, which is why many people suffering from whiplash need physical therapy to recover.
For some injury and accident claims, such as with car accidents, you might need to speak to your insurer before you consider taking your claim to court. This could prevent you from dealing with the stress and frustration of fighting for your compensation, although the insurance company might not be willing to fully pay for your damages, making it necessary to work with an experienced injury attorney in even these cases.
After your auto accident, you can speak to the insurance company to file a claim with them, and from there, they’ll investigate your case to determine what you should be compensated for your losses. They’ll then make a settlement offer, which you can accept if it covers your needs.
But, what if it doesn’t? For many people, the first settlement offer simply isn’t enough. Insurance companies are for-profit businesses, which means that they’re looking out for their profit margins, not for your best interests. They may also assume that you don’t know what your claim is truly worth.
As such, you’ll need to calculate what your accident claim is worth to ensure that you’re getting the compensation you deserve. This can be tough, so be sure to speak with a New York City personal injury lawyer about getting the full compensation your recovery requires.
Keep in mind that every car crash will be unique in its circumstances. Let’s say you’re in a serious crash involving multiple cars and catastrophic damages. New York City requires drivers to carry “no-fault” insurance, so in most cases, you would file a claim with your own insurance company and get the settlement to pay for your damages.
In this example, say your damages were over $50,000 and you suffered a “serious injury.” In this case, your “no-fault” insurance won’t cover all your expenses: You’ll need to seek further compensation from the at-fault party through a personal injury claim.
The “serious injury” threshold gives those with major injuries a chance to get their compensation from the person responsible because their insurance policy has reached its limits in these cases. Serious injuries typically describe injuries that will leave a significant impact on the victim, many of which will last a lifetime. As such, they’ll need further compensation than what their insurance will provide.
Not sure if you’ve suffered a serious injury in your car accident? See the list below for types of serious injuries that you may need to file a claim for:
Calculating Your Damages in Personal Injury Claims
Once you’ve determined your claim type and the important details of your case, you’ll then need to focus on calculating the cost of your damages. As you’ll need to ensure you’re getting the right settlement offer when seeking compensation from the insurance companies, you’ll need to know precisely how much your claim is truly worth.
Damages generally fall into one of two categories: economic and noneconomic. While there is technically a third category called punitive damages, these are rarely awarded and are used to punish the wrongdoer—not to compensate you for your losses directly.
Unfortunately, this can be a lot to calculate on your own. These damages cover both the financial losses you’ve suffered and the intangible effects of an accident. You’ll need a skilled personal injury attorney to make sure you calculate your claim correctly and get the compensation you deserve.
One of the biggest types of damages that you’ll be dealing with immediately after the accident will be economic. These damages cover most expenses that you’ll be left with in the wake of your injury, as well as any other financial losses you’ve suffered.
For example, car accidents are typically some of the more expensive types of accidents you could be involved in. You’ll have the costs of the damage to your vehicle, of course, as well as your medical expenses. This should cover both the costs of your current treatment and any future treatments, such as the removal of pins for a badly fractured or broken bone.
Your financial damages might not end there. A serious injury may make it impossible to return to work right away—at the time when you need the money most. In some cases, you may never be able to return to work at the same earning capacity that you had before your injury. If you’re able to return to work in a lesser position, your compensation should also include the difference in earning capacity.
While many of these losses shouldn’t be difficult to calculate on their own, it can be easy to leave out some of the major expenses that have accrued because of your injury. As such, you’ll need a personal injury lawyer in NYC who can help you review the damages you’ve suffered and make sure that you’ve included everything you’ve suffered because of the injury.
Noneconomic damages tend to be more difficult to calculate because they aren’t financial. Instead, these damages should cover the emotional and mental damages an injury can leave you with. Unfortunately, these tend to be difficult for most people to calculate on their own because doing so requires specific equations and resources to determine the correct value.
So what counts as a noneconomic damage? Let’s say you suffered a serious accident that left you with a traumatic brain injury. You’ll be dealing with the expenses, of course, but what about the intangible suffering you’ve been put through? For a TBI, you might include the mental anguish caused by your loss of function and the loss of enjoyment of life that comes with that.
Since these damages don’t have a price tag, you’ll need your injury lawyer to help find their monetary value. Our NYC personal injury law firm does this by determining how much the injury has affected you and how serious the injury itself was. This means that you might recover more compensation depending on your unique situation.
For example, let’s say that you and a model suffered from the same injury: a blow to the head that broke several facial bones and caused permanent disfigurement. This is a traumatic experience, and both of you should be eligible for noneconomic damages. The model, however, relies on his or her looks for employment, and because of this, his or her potential compensation might be higher than yours.
Unfortunately, you’ll need to focus on more than what your claim is worth. New York laws and statutes will affect your case in many ways, so you’ll need to focus on protecting your claim even as you fight to get the compensation you need to recover.
For example, the time limits that apply to a personal injury claim in New York could affect you if you don’t act quickly enough. Most NYC personal injury claims have about three years before they’re dismissed and barred from recovery. However, those suing for medical malpractice only have two and a half years, and if you’re filing a claim against the government, you’ll only have three months to get the process started.
Keep in mind that there are many other laws that will affect your case, which your NYC lawyer can explain in more detail. These will mainly depend on the type of claim, but they can influence how much compensation you’ll receive, or whether you’ll receive any at all. Mistakes can be costly, and when you’re suffering, you’ll need to focus on protecting your case.
Before you speak with a personal injury lawyer and begin your case, you’ll need to keep two laws in mind: the statute of limitations and negligence laws. These laws can be applied to most claims, and they can have the biggest impact on your claim at this stage. If you’re concerned about protecting your case, however, contact Greenstein & Milbauer, LLP for more information about the laws affecting your claim.
Comparative Negligence in New York
When you’re hurt in an accident, you’ll typically be focused on proving that the defendant caused your injuries through malice or negligence. Unfortunately, the defense may use accusations of negligence against you, and if they succeed, it can damage your claim.
In New York, you’ll need to watch for “comparative negligence” and disprove claims that you were responsible for your accident. While few accidents are completely the fault of one person, it’s important to maintain that you weren’t at fault. Otherwise, you’ll be assigned a percentage of fault, and your compensation will then be reduced by that percentage.
For example, let’s say you slipped and fell while you were grocery shopping and hurt your back as a result. When you slipped, however, you were texting and not paying attention to where you were walking. In this case, the defendant may claim that you didn’t do your part to avoid the accident, which will likely result in a portion of the fault being blamed on you—which will then decrease your end settlement amount.
There’s nothing easy about dealing with a serious injury. Whether you were in a car crash, you slipped and fell, or a doctor left you in worse shape than before, you deserve financial compensation. This is a painful place to be, but you don’t have to do it alone, and you don’t have to be a victim twice.
At Greenstein & Milbauer, LLP, we know how to successfully settle a personal injury claim. Instead of risking your compensation, give our NYC injury attorneys a call instead.
To get started, set up a free consultation with one of our injury attorneys. We understand that you’re already struggling with expenses and the strain of your injuries, so take advantage of one of our free consultations: We’ll discuss what we can do for you and how we’ll fight for you—all before you pay a single cent. We want you to know that we’re the right New York law firm for you.
If you’re ready to discuss your claim and get the answers you need, our NYC personal injury lawyers are ready to help. One of our firm’s partners will work on your case from start to finish. Give us a call at 1-800-VICTIM2 (842-8462) or fill out the online form below.
Have questions before you’re ready to get started with a personal injury claim in New York? Lawsuits can be complicated and confusing, but we’re ready to help you understand your case and get one step closer to your compensation.
If you’re unsure about something or want to learn more about your case before you sign anything, give Greenstein & Milbauer, LLP a call or check out the FAQ below for the answers you need.
Does my accident case count as a personal injury?
Personal injury cases cover a wide range of claim types, from dog attacks to pedestrian accidents. What they have in common, however, is that they all involve a victim who is injured by another person or party, usually out of negligence or a willful attempt to injure. If you were injured by another person, you likely have a valid personal injury claim on your hands.
If you’re not sure, speak to our NYC personal injury attorneys. We’ll determine what type of case you’re dealing with and will get you onto the path to compensation.
What types of personal injury cases does your law firm handle?
Personal injury can cover a vast array of claim types. Contact us if you’ve suffered any of the following injury-causing accidents:
What injury types qualify for a personal injury claim?
Generally, you should consider filing a personal injury claim in New York City if your injury has caused you undue pain, or if you’ve accrued expenses for that injury. Even if it doesn’t seem as serious as other injuries, you could still recover the damages you’ve experienced because of the at-fault party’s negligence.
If you’ve suffered a serious injury, you should seek compensation as soon as possible. This includes brain injuries, spinal injuries, broken bones, dismemberment, death of a loved one, and disfigurement. Since these are emotionally traumatizing, painful, and possibly permanent, these injuries are especially important to file a claim for.
What if I suffered minor or no injuries, but my loved one passed away during the accident?
Losing a loved one is traumatic enough, but losing a loved one because of another person’s negligence can feel like your family hasn’t gotten justice for its suffering. In these cases, you’ll need to file a wrongful death claim for the accident.
In these cases, you’ll also need to take extra steps and speak to your NYC lawyer about your options. A wrongful death claim is unique because the person who suffered the injuries isn’t alive to speak for his or herself, so you and your family will need to speak for the victim. Call an attorney at our office for help determining who can file and what can be recovered in damages.
Can I sue on behalf of my injured child?
Children can be injured just as easily as adults, if not easier: Young children don’t understand risks that could injure them, and worse, they don’t have the legal right to file a personal injury claim alone. If your child needs compensation for the suffering he or she has been put through, you’ll need to act on the child’s behalf.
In this case, you and an NYC personal injury attorney will represent your child’s best interests. You will be able to seek compensation and get justice for your child.
What if I suffered an impairing injury, like a traumatic brain injury?
Suffering an injury such as a TBI doesn’t just leave you in pain: It also affects your brain function, making it difficult to focus on your claim and ensure that you get the compensation you need. Without proper legal help to guide you through the claims process, this could mean having your compensation diminished, or losing your chance to recover anything.
If you’ve suffered an impairing injury, we recommend speaking to an injury and accident lawyer as soon as possible. When your memory or focus is affected, it’s easy to miss major deadlines or forget important pieces of evidence for your case. Don’t hesitate to get the help you need for your serious injuries.
Who is at fault for my accident?
After an accident, one of the first steps you’ll need to take is to find the party responsible for your accident. In most cases, you’ll need to seek them out for the compensation you’re owed, and if your auto wreck surpasses the New York serious injury threshold, your insurance may not cover all the damages you’ve suffered.
It’s not always easy to find the person financially responsible for your accident. While in most cases the liable party will be the person who caused your accident, this isn’t always the case. You may need to seek out other people or groups to get the compensation you need, and a good lawyer can help you do that.
What if I was hit by a delivery person or truck driver?
In most accidents, it’s easy to assume that the party who caused the accident is responsible for the damages caused, but it’s not always so simple. When someone drives for a living, for example, he or she was essentially at work when the accident occurred, which means that the employer might be the one paying your medical bills.
When a worker causes an injury while on the job, “employer liability” means that the employer must take responsibility for what their employees do while on the job. In another example, if you were passing near a construction accident and were hit by a falling brick or other debris, you might think that a worker would be responsible. While a worker might have caused your injury, it’s the employer’s responsibility to handle the aftermath of an injury.
What if I was injured at work?
In most cases, you should first seek damages via workers compensation. Most New Yorkers should have this option, and for most, it should cover your injuries. But, this isn’t the only option for all employees injured on the job. If you’re dealing with one of the following situations, you may need to bring a personal injury claim:
Your employer doesn’t provide workers comp insurance
Your employer intentionally attempted to harm you
You were exposed to illegal substances or chemicals
You were injured by a malfunctioning or defective machine
You were injured by a third party outside of your employer
Can I sue a government agency for my accident?
Yes: If a government agency didn’t take the care necessary to prevent an accident, they should be held accountable for their actions. For example, if a pothole that should have been fixed caused an auto accident, or if you were injured in a public location, the government should compensate you for your injury.
Unfortunately, it’s not easy to get the settlement you need. You’ll need to act within three months to file your claim, and you can expect to fight for what you need. As such, consider hiring an NYC personal injury lawyer to work with you to recover your settlement.
I was injured by a defective product or drug. Who is at fault in these cases?
Cases where you were injured by an object rather than a person can be confusing. In many of these cases, we’ll look for the manufacturer, who might have been negligent in the item’s production, or they may have released the product knowing that it could cause damage to consumers.
The person who injured me is on trial in criminal court. How will this affect my case?
Even though a guilty verdict in a criminal trial won’t compensate you, you’ll still be able to seek compensation through a personal injury claim. You’ll need to file a claim through the New York civil court system, which will be focused on the personal suffering, injuries, and other losses you’ve been put through, rather than the crimes the defendant was accused of.
While you’ll need to pay close attention to the New York statute of limitations (since the criminal trial must be finished first) you’ll have a chance to file. The criminal trial will require a much higher standard of evidence that the defendant committed a crime, while you’ll only need to prove that the defendant was likely negligent and caused your injury.
What makes a person’s actions negligent?
Negligence can be a complicated legal concept to understand. Generally, negligence is more than simply causing your injuries. In many cases, you’ll need to prove that the person has a “duty of care” and that he or she neglected that duty. “Duty of care” simply means the general duty people have to reasonably protect the safety of those around them.
Fort example, a doctor has a duty of care to patients to correctly diagnose and treat their injuries and illnesses. Not every misdiagnosis is negligent, but those that would have been avoided if the doctor had taken proper precautions may be. This also applies to people who aren’t professionals, such as drivers. They have a duty to prevent crashes within reason by following laws and avoiding distractions.
I think I was partly at fault for my accident. Can I still file a claim for compensation?
While you’ll still be able to file, it’s best to avoid admitting fault where possible. The defendant will accuse you of being partially responsible for the accident. While you can still file and fight for compensation, your compensation will be diminished by the amount you’re found at fault. For example, if you’re found 10 percent at fault, you can only recover 90 percent of your compensation.
Will I be required to go to court for a personal injury claim in New York?
Not necessarily. Many personal injury claims never need to go to court. If the responsible party is willing to settle, a fair arrangement can often be worked out outside the courtroom. If possible, your NYC personal injury attorney can mediate and make sure you’re getting the settlement you need after a major accident.
What do I do immediately following my accident?
In the aftermath of an accident, you should first seek medical attention. Even if you don’t think you’re injured, it’s best to get a professional opinion. Some injuries can be harder to detect on your own, and by seeking medical help, you’ll have evidence that your injuries were caused by the accident. It’s also best to speak to the officer on the scene about the accident and stay there until dismissed.
Once you’ve received treatment, car accident victims will need to contact their insurance company. No-fault insurance should cover your injuries after an accident, and reporting the accident will get them started on investigating your case and calculating your settlement.
What should I say to my insurer?
Generally, it’s best to say as little as possible to the insurance companies involved. Their phone calls are typically recorded, and if you say anything that suggests you’re at fault, they can use that against you if you choose to file a personal injury claim.
I don’t think the insurance company is offering me a reasonable settlement. What can I do?
In many cases, insurance companies may try to protect their profits by avoiding paying your damages in full. This can happen in a few ways, such as the following:
Refusing to respond
Lowballing your settlement
Accusing you of lying or fraud
If you’ve had trouble getting the settlement you deserve, a personal injury lawyer can determine what your settlement is really worth and speak to the insurance company on your behalf. You may send a demand letter following your settlement offer, and remember, you don’t have to take their first offer. In many cases, the insurer may offer you an appropriate settlement. If not, your lawyer will help you take your claim to court.
What is “no-fault” insurance?
“No-fault” insurance refers to who’s responsible for paying for your injuries and settlement. In a “no-fault” state like New York, drivers injured in a crash should be covered by their own insurance company, no matter who’s at fault for the accident. As long as your injuries are worth less than $50,000 and don’t cross the “serious injury” threshold, you’ll simply need to file with your auto insurance company.
In contrast, a state with “fault” laws will have drivers get their compensation directly from the responsible party’s insurance company. Otherwise, their insurance company will cover the expenses but will then seek repayment from the other person’s insurer.
What is the “serious injury threshold?”
Some car accidents are simply worse than others, and your injuries may surpass the amount of insurance required by New York law. If you pass this threshold, usually through a serious injury such as permanent impairment or a certain dollar amount in damages, then you’ll need to bring a personal injury claim rather than get compensated through your insurance provider.
How long do I have to file my personal injury claim?
For most victims of injury in New York City, you’ll have three years to file your claim, but this will vary, depending on the type of claim you’re filing. For example, medical malpractice victims have only thirty months to file a claim, while those suing the government have just three months.
Even if you believe you have three years to file, act quickly with the help of an injury lawyer in NYC. A claim can take time, and you’ll need all the time possible to file, investigate, and settle your claim.
What is my personal injury case worth?
This will depend on your type of case and how severe your damages are. You’ll need to speak to a lawyer about this, since every case will differ greatly. You should include all property damage, other expenses and financial losses, and the emotional toll your case has taken on you.
What’s the difference between economic damages and noneconomic damages?
The major difference between these two damage types is that economic damages will consist of your financial losses, while the noneconomic damages will cover everything else. Economic damages specifically refer to the ways that you’ve lost money because of your accident, such as your medical bills and property damage.
But what about the pain you’ve been through, or the mental anguish of being physically disfigured or impaired? These can alter your life permanently, and that’s painful to deal with. Because these losses can be difficult to calculate, you’ll need help getting this compensation, even if they didn’t cost you economically.
How do you calculate noneconomic damages in personal injury claims?
Generally, you’ll need the resources a New York City personal injury lawyer can provide for this type of damage calculation. Since noneconomic losses are intangible, your lawyer will need to look at the severity and impact of your case on a sliding scale based on the changes incurred to your life.
Let’s say you broke your leg and suffered a TBI. The fracture may be especially painful, so you’ll be compensated for your suffering, but that might not cause much long-term undue stress. A brain injury, however, can affect your mental processes, which could make your life less enjoyable, even though it’s not as physically painful. Your injury attorney can take these different costs and find the monetary value of each.
What are punitive damages in New York?
Punitive damages are a type of noneconomic loss. Unlike other noneconomic losses, however, punitive damages, are strictly meant to punish the person who injured you. This makes them a warning for others who might also be grossly negligent in the future.
Can I seek punitive damages for my personal injury?
While it’s possible that the judge might award punitive damages, this happens only in rare cases in New York City. These damages are typically only awarded in cases where the defendant is considered beyond negligent and dangerous.
Are there limits to the damages I can pursue in a personal injury claim?
New York is a unique state in that it doesn’t limit the damages you can pursue in any personal injury cases. While many states limit things like noneconomic damages or the damages you could be awarded in a medical malpractice case, New York law protects the right to full compensation, within reason, for its citizens.
How long will it take to receive my compensation check?
How long your case might take will depend on the specifics of your case. While some may take only a few months to settle, others might take much, much longer. This will depend on who the responsible party is, as well as what your case entails. More complicated cases will simply take more time to prepare and will mean more time fighting for your compensation.
Our NYC personal injury attorneys will fight for your compensation, no matter how long it takes to get. We’ll make sure that you know what your next steps are throughout the process, and we’ll walk you through each step so that you know what to expect from your claim.
Do I need a personal injury lawyer for my claim?
While it’s not required to have a lawyer for your personal injury claim, it can save you time and money if you find an attorney before you begin. After an accident, you’re almost certainly injured, you’re trying to keep up with the extreme expenses that accrue, and you’re dealing with the pain and effects of those injuries. On top of that, your family may be struggling with your lost income.
Any one of these are difficult enough on their own, but when you have all of this to deal with at once, you need legal counsel that can get you the compensation you need. A lawyer from our NYC law firm will have the legal experience to get the compensation you need after suffering a catastrophic injury.
What if I can’t afford a lawyer?
Our attorneys understand that you’re already struggling with high expenses and supporting your family. On top of that, most people associate lawyers with high fees. Fortunately, our personal injury lawyers work according to contingency fee arrangements, and if we don’t win your case, we don’t get paid.