NYC PERSONAL INJURY LAWYER
Seriously injured in New York City? If another person’s negligent actions have resulted in catastrophic injuries to you or a loved one, you’re already dealing with pain, and medical expenses alone may put your family’s financial future at risk. You deserve to be compensated for every damage you’ve faced.
Don’t let insurance companies make you a victim twice. An NYC personal injury lawyer can maximize the amount you’re awarded and take your case to court if needed. Get the assistance you need with your claim from the lawyers of Greenstein & Milbauer, LLP, who have helped thousands of New Yorkers navigate personal injury lawsuits.
How Do I Know If I Have an NYC Personal Injury Case?
Even though you’re certain someone’s negligence caused your injuries, you may still be unsure whether the accident qualifies for a personal injury claim. The best way to know this and get help taking the next steps is by reaching out to a personal injury lawyer near you.
To be eligible for a claim, you must present evidence that proves a defendant’s liability and the magnitude of your damages.
Liability means an obligation that someone has towards another person. In this case, you must show how the defendant had a legal duty to act directly or indirectly with reasonable care toward you.
For example, a car driver has the duty to drive safely (with reasonable care) to avoid causing an accident and harming other road users. Another example is product manufacturers who must design, produce, and label goods safely for consumer use.
Proving liability for some cases, like a car accident claim, is straightforward, but others like medical malpractice or workplace injuries will require documented proof.
To establish negligence, the accused party must have breached or failed to uphold their duty of care. For instance, a motorcyclist who failed to give way, or a doctor who prescribed the wrong dosage.
Proof of Damages
You must also prove that the defendant’s breach of duty harmed you and show the different ways you’ve suffered from these injuries. The latter are collectively known as damages.
Pieces of evidence like video footage, eyewitness statements, a police report, and expert witness testimonies can be used to prove the liable party’s action caused your injuries.
The final element to cement your case is the list of all damages from the incident, such as medical bills, costs to repair damaged property, and wages lost when you can’t attend work. Other intangible losses like emotional distress and inability to enjoy life also count as damages.
A PERSONAL INJURY CAN BE COSTLY
An accident involves losses that can quickly become a burden. You likely have questions about the costs of your personal injury. We’ve addressed some common questions below.
HOW WILL I COVER THE COSTS OF MY INJURIES AND DAMAGE?
In addition to the potential cost of property damage, physical injuries like broken bones, serious lacerations, and brain or spine trauma can lead to costly medical bills for surgeries and hospital stays. Liability policies like car insurance are intended to cover these expenses for victims of personal injuries, and a skilled attorney will hold them to their responsibility to pay.
WHAT IF I CAN’T WORK DUE TO MY INJURIES?
In the months following an accident or injury, the medical bills begin to pile up, and the insurance company likely hasn’t accepted one ounce of liability. If your condition prevents you from working, the wages you would’ve earned if not for the injury may make the difference in whether or not you have money for rent. Damages for lost income and earning potential can be awarded in these cases.
CAN I SUE IF THE OTHER PARTY BLAMES ME FOR THE ACCIDENT?
If you do take action, the defendant may shift the blame for the negligence of the accident onto you. This can result in cuts to the personal injury compensation you receive, when their insurance should really meet their obligation to provide a reasonable settlement. An experienced personal injury lawyer will make sure they negotiate in good faith to give you more than partial compensation.
Why Hire a New York Personal Injury Lawyer?
Do you need the legal services of the lawyers at Greenstein & Milbauer, LLP? Whether you’re located in Manhattan, Queens, Brooklyn, the Bronx, or Staten Island, our law office can provide help and guidance in any of New York City’s boroughs. The dedicated representation of your lawyer will be a key part of getting you fairly compensated for your personal injury claim.
Here’s how our attorneys make your experience personal. If you have questions about our law firm’s services and how we help clients who are injury victims like you, we’re happy to speak with you further during a free consultation.
Our Lawyers Will Come to You
We know you’re hurt and suffering and have already worked through trauma and several losses. You need time and rest to recover from your pain and injuries. That’s why we do all the traveling for you. Whether you’re in the hospital or at home, we’ll come to you on your terms when you’re hurt from an accident, giving you more time and energy to recover.
We Answer When You Call
When you call our office, you’ll find we don’t leave our clients to the answering machines. When you’ve suffered an injury, you need personal guidance and information from a legal consultant. That’s why we always call clients back in a timely manner. You’ll speak with a legal professional, not an automated system, when you work with our personal injury lawyers.
No Fees Unless Our Lawyers Win
We know victims are already under financial strain when accident injuries leave them forced to handle unexpected medical bills. That’s why personal injury lawyers work on a contingency fee basis, meaning we don’t get paid unless you do. We can’t guarantee a specific outcome, but we can guarantee that we will never charge a claimant any fees for our service until their claim is successful.
After an injury, you need the knowledge and experience of not just a lawyer, but a fighter who will advocate for your case with extensive preparation and all the resources at their disposal. The lawyers of Greenstein & Milbauer, LLP have the determination and experience to get you fairly compensated.
Types of Personal Injury Claims
When you’re hurt in a car accident, for example, you may have questions about which laws will impact your personal injury claim. If you’re not aware of your rights, it can impact your financial future if you settle for partial compensation.
Our personal injury lawyers have experience handling a variety of personal injury, accident, and wrongful death cases, and a legal consultant can help you get compensated and achieve the justice of a full settlement. Reach out to our office today if you’ve suffered injuries or property damage that resulted from the negligence of other people in any of the following practice areas:
- Motor Vehicle Accidents – A vehicle accident involving a car, motorcycle, bus, large truck, or other automobile caused by the negligent actions of another driver can result in catastrophic injuries.
- Medical Malpractice – Doctors and nurses have the ultimate duty of care to the public, and when their failing to uphold it results in serious injury, their medical malpractice insurance is obligated to pay victims.
- Slip-and-Fall Accidents – Sometimes called or categorized under premise liability, slip-and-fall accidents frequently cause devastating injuries, like broken bones, resulting in surgeries or lifelong health effects, like paralysis.
- Construction Accidents – Construction sites are inherently dangerous for workers and the public, and this means contractors have a responsibility to provide reasonable safety measures.
- Wrongful Death – When an accident, incident of medical malpractice, or other injury caused by negligence takes the life of a loved one, this tragedy may make family members eligible to be compensated.
- Sexual Abuse – People who have been sexually abused have been wounded physically and emotionally. Criminal courts handle an assault charge, but in civil court, victims are due medical expenses in addition to pain and suffering.
- Police Misconduct – Officers of the law have a considerable duty of care to the public, and when an incident like police brutality violates it, injury victims are entitled to be compensated for their losses.
- Nursing Home Abuse – When the negligence of a healthcare provider results in injury to people under their care, it may constitute abuse. Victims may seek several types of economic and non-economic damages.
If you or a loved one has suffered personal injuries in any of these practice areas, you need the determination of an NYC attorney who will dedicate their knowledge and resources to your case. Our office understands the importance of a consistent flow of information and how to communicate it so that our clients feel involved throughout the process as our lawyers fight for justice.
What Can I Expect After Filing a Personal Injury Claim in NYC?
When your attorney determines you have a case, they will send a demand letter to the liable party’s insurance company stating your claim and how much you’re seeking in compensation.
The defense team has thirty days to respond either with an offer or deny the claim. If the offer presented doesn’t match your total damages, your injury lawyer will negotiate with the insurer by presenting more proof of your suffering caused by the accident.
Sometimes the defendant will agree to pay out the amount you’re owed, but this is not the end should they be unwilling to compensate you fully. You can use a third-party, such as an arbitrator or mediator, to oversee the negotiations.
If the insurance company is still reluctant to pay the full settlement, the injury lawyers at Greenstein & Milbauer, LLP are not afraid to go to trial and get the justice you deserve.
Can an Insurance Company Deny My Personal Injury Claim?
It’s not uncommon for insurance companies to deny personal injury claims. Some of the reasons for this include insufficient evidence, failure to follow the right avenues when filing for compensation, the presence of pre-existing conditions, filing a claim when the statute of limitations has passed, and more.
Regardless of the reason, you must understand how to navigate such challenges, or you may miss out on a sufficient settlement or any at all. There are several things your lawyer can do to overturn the decision and get the compensation you deserve in case of a denial.
You can find and present more evidence to strengthen your claims and need for compensation. You can also send an appeal or complaint for the insurer to reconsider their decision. Sometimes, the only way to find justice after a claim denial is to sue the insurance company.
Get legal support from a personal injury lawyer with more experience handling all challenges presented by insurance companies in such cases.
Avoid These Common Personal Injury Mistakes When Filing a Claim
After an injury, the insurer’s legal team could be constantly monitoring some of your activities so they can get an opportunity to reduce your claim’s value or even deny it altogether. This is one of the reasons it’s advisable to partner with an NYC personal injury attorney as soon as possible to ensure you’re on the right track to compensation.
Some of the common mistakes that can cost you your injury settlement include:
- Failure to report the accident to the relevant authority such as work supervisors, property owners, store managers, or law enforcement
- Not hiring a lawyer because you think you cannot afford one
- Signing any document from the defense team without having a lawyer review them
- Settling on the insurer’s first offer without an attorney’s approval
- Failure to follow your doctor’s recovery instructions
- Posting about your injuries on social media
- Failure to keep track of your doctors’ reports and other medical records
THE GREENSTEIN & MILBAUER, LLP DIFFERENCE
If you or a loved one were injured due to negligence, whether in a motorcycle accident, as a pedestrian, in a premise liability incident, a workplace or construction accident, medical malpractice, or another accident, you may have grounds for a personal injury lawsuit. But suing for an accident caused by negligence can be complex in order to recover every last damage and loss you suffered.
You may not have the tools you need to act on your injury claim and get compensated on your own, which is why the attorneys at Greenstein & Milbauer, LLP make it their business. Our personal injury lawyers offer free consultations for injured victims, so our clients can get practical legal advice and answers to questions about what to expect and issues related to their accident cases.
The lawyers of Greenstein & Milbauer, LLP have worked to consistently provide the highest quality of legal service to the NYC community for many years. It is our privilege to use the knowledge of personal injury laws and the resources at our disposal to help others. The goal is always to resolve our clients’ cases with verdicts and settlements that compensate them for all the losses related to their injuries.
CONTACT AN EXPERIENCED PERSONAL INJURY LAWYER TODAY
Personal injuries cause millions of dollars of damage a year to claimants just like you, who are in pain and experiencing the financial and emotional strain of bills and insurance company drama. We’re here to help when you’ve suffered injuries and don’t know what to do next. With a Greenstein & Milbauer, LLP attorney to represent you, the insurance companies won’t make you a victim twice.
Need legal representation and ready to schedule a consultation with an NYC personal injury lawyer at no cost to you? Give the lawyers of Greenstein & Milbauer a call at 1-800-VICTIM2 (842-8462) or fill out the online contact form below.
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NYC PERSONAL INJURY FAQ
Hurt in an accident? Victim of medical malpractice? Unsure what to do about the injuries and damage you suffered? Just want to get back to living the life you had before the accident? You’re not alone. Many injury victims have questions that directly resulted from their accident and rightly want to know how to get compensated. Your lawyers at Greenstein & Milbauer, LLP have the answers. Check out some of our frequently-asked questions below, or talk with a legal consultant during a free consultation about your personal injury claim and find out how you can get compensated for the damage and injuries you've suffered.
How much do personal injury lawyer services cost?
Many people are worried about the expenses lawyers charge to represent them. But contingency fees control those costs. First, you don’t pay out of pocket—your lawyer is paid through a cut of your accident compensation. But pay is contingent on success. If your claim isn’t a success, you don’t have to pay.
What types of cases fall under personal injury law?
Personal injury law covers claims where someone was careless, and that negligence injured you. This may include car accidents, medical malpractice, construction accidents, dog bites, and more. Talk to your lawyer about the details of your claim and the injuries you suffered to learn more.
When should you contact a personal injury lawyer?
When you’ve suffered damage to your care, your health, or your wellbeing resulting from someone else's negligence, you may need one of our injury lawyers to help. You may need a lawyer as soon as possible to represent you in legal matters and to collect evidence after an accident. The legal representation and experience that personal injury lawyers provide can take the pressure off you when you’re hurt and suffering.
What damages am I due for a serious injury caused by negligence?
The damage you suffered after an accident can be both economic and non-economic. Economic damages refer to your vehicle repairs, medical bills, and other expenses. Your non-economic damages include any intangible suffering you experienced. For example, emotional trauma and pain resulting from the accident may be compensated in this way.
What areas does an NYC personal injury lawyer serve?
The personal injury lawyers in our NYC law office serve all five boroughs and the people living there. Whether you live in Queens, the Bronx, Brooklyn, Manhattan, or Staten Island, we offer our legal services when you’re hurt and suffering from injuries. We’re ready to represent clients in all five boroughs of the city.
Will I need to go to court for my personal injury case?
It's certainly possible that it will be necessary to go to trial in court in order to settle your personal injury case or to get a verdict; however, it's also a fact that the majority of injury claims settle out of court through negotiations with the insurance company or defendant's personal injury defense lawyers. Everything depends on how strong the evidence supporting your claim is and how willing the other side is to be reasonable, accept liability, and negotiate.
How much time do I have to file a personal injury claim in New York?
In New York, accident victims generally have three years in which to file a personal injury claim. These three years will go by quickly, however, making it vitally important to get a lawyer involved with your case immediately so that they can investigate and begin collecting evidence and witness testimony to prove your case.
How much is my NYC personal injury case worth?
Since every personal injury accident occurs under unique circumstances, it’s impossible to know exactly how much you’re owed until you review the case, ideally with an attorney. The amount you can claim will depend on your total damages, both economic and non-economic.
When will I receive the settlement after winning a personal injury case?
When you win a personal injury case in NYC, the insurance company will write you a check with the agreed settlement amount. This money goes to an escrow account to allow payment of any liens. Your attorney will then deduct their legal fees and send the remainder by check to your home address. This entire process takes an average of four to six weeks if there’s no appeal filed.
How long does a personal injury claim take to settle in NYC?
Some claims take only a few months to settle, while others take up to two years or even more. How long your case takes to settle will depend on things like the severity of your injuries, how many liable parties are involved, and the type of personal injury claim you’re dealing with, among others.