About New York Personal Injury Lawsuits
Although personal injury laws exist to protect victims of injuries, the rules in New York regarding personal injury are complex and can intimidate people recovering from serious trauma. Typically, victims have three years to file a personal injury lawsuit in New York, but in some cases, the time limit is only one year. Personal injury lawsuits against the government have even tighter time requirements.
At David Resnick & Associates, P.C., we understand that personal injury law in New York can be confusing and challenging to navigate. Our experience enables us to carefully evaluate cases – free of charge – and determine the legal steps most appropriate for our clients. We have the resources to thoroughly review the circumstances surrounding your injury, determine who was at fault and develop the most effective strategy to obtain resolution and full financial compensation.
Some of the personal injury damages you could be entitled to include:
- Lost wages
- Medical bills
- Lost future earnings
- Pain and suffering
- Rehabilitation costs
- Spouse’s damages (loss of consortium)
- Punitive damages
Common Types of New York Personal Injuries
While every case is different, there are some common types of personal injuries that frequently occur and that can lead to an accident victim’s receiving compensation. These include:
- Bone fractures – While the hope is that bone fractures will heal, sometimes they do not set right and victims experience lingering pain or lifelong impairment.
- Spinal cord injuries – Spinal cord injuries can be complete and cause total lack of movement and feeling below the injury site or can be incomplete and cause varying degrees or paralysis, nerve damage and sensory damage. Quadriplegia and paraplegia can result from spinal cord injuries.
- Traumatic brain injuries (TBI) – One of the most devastating types of injuries, traumatic brain injuries can cause lifelong disabilities that require significant rehabilitation and other medical costs.
- Soft tissue injuries – Soft tissue injuries refer to injuries to the muscles, ligaments and joints of the body. A common soft tissue injury is whiplash, but a variety of injuries can occur to the soft tissues that cause pain and limit mobility. For example, injuries to the rotator cuff in your shoulder commonly occur in car accidents.
- Back and neck injuries – Damaged vertebrae or discs can cause very serious problems that may require surgical correction, if they can be corrected at all.
- Scarring, disfigurement and burns – These types of injuries can occur in a variety of situations. They may result from a fire started by a defective product, or from a dog bite, or from lacerations received in a car accident.
Whether you are suffering from these or other common personal injuries, it is important that you understand the full extent of your injury before you settle your case. Once you have given up your right to make further claims, you cannot go back and ask for more compensation if it turns out your injury is more serious than you thought. This is especially important with brain and spinal cord injuries, since the full extent of the damage may not become apparent for weeks or even for months after the accident.
Our New York personal injury lawyer is here to handle the legal concerns related to your accident while you focus on healing from your injuries. Let us deal with the insurance companies, investigators, experts and defendants while you put your life back together. Our attorneys will negotiate a prompt, fair and just settlement or fight aggressively to ensure that you receive full maximum compensation in accordance with the law.
Things You Should Know About Your Personal Injury Accident
We run drills for tornadoes and fires, but not many people know what to do if they are injured in an accident. The legal team at David Resnick & Associates, P.C., understands the impact a personal injury can have on you and your family – and we work hard to obtain the maximum money damages to which you’re entitled. That’s why we have provided these tips on the steps to take if an accident happens to you.
General Personal Injury Guidelines
- Seek medical attention for your injuries as soon as possible. Even if you are concerned about the expense, it is important that you see a doctor. Injuries that result from an accident may not appear for days or weeks after the accident and leaving them untreated will lead to more pain and discomfort in the long run. If you do not seek medical treatment after an accident, insurance companies may use that as proof that your injuries were not serious.
- Write down what you can about the accident while it is still fresh in your mind. You may find it difficult, but documenting the accident is an important part of building a case for your claim. If you are acting as an advocate for a child or elderly relative, have them tell you everything they can remember about the accident and write it down for them.
- Keep a record of all doctor visits, medications and symptoms associated with your injuries. Any documentation you receive about medical treatments or property damage repairs should also be kept and provided to your attorney.
- Do not make statements to any insurance company representative, opposing attorney or investigators other than the police without talking to your own attorney first. If you do talk to the police, try to be as factual as possible about the accident rather than taking or assigning blame.
- Contact a reputable personal injury attorney. Personal injury lawyers have the experience and knowledge to provide the guidance you will need after being injured in an accident. David Resnick & Associates, P.C., can handle all aspects of your personal injury case including:
- Protecting your rights in accordance with the law.
- Completing all relevant paperwork.
- Negotiating with insurance carriers and responsible parties.
- Preparing for a lawsuit if necessary.
If you are injured in a car accident, you should:
- Call 911.
- Move your vehicle out of traffic if the property damage is minor.
- Do not make statements regarding fault to anyone at the accident site, including the responding officer. Simply state what happened. Be sure to tell the officer about any injuries you received in the accident.
- Write down your observations about the accident while it is fresh in your mind.
- See your physician about any injuries.
- Contact David Resnick & Associates, P.C., to discuss your case.
If you are injured in a slip and fall accident, as a result of a broken or uneven sidewalk in New York:
- Report the incident to the police.
- Take photographs of the area.
- Map out where the defective sidewalk is in relation to surrounding buildings and streets.
- Take the names and contact information of any witness to the fall.
- Do give any written statements to any investigator.
- Consult with David Resnick & Associates, P.C., as soon as practicable after the accident.
- File a written Notice of Claim within 90 days of the accident.
- File suit within one year and 90 days – the statute of limitations for such an incident.
If you have been injured in a slip, trip and fall accident, or if you have lost a loved one due to a slip, trip and fall accident, please contact David Resnick & Associates, P.C.
Because construction accidents occur on the job, there is often a lot of misinformation about what the worker’s rights are regarding an injury. It is important to be aware that as an employee you have a right to:
- Compensation. If you are injured on the job, even if it is your own fault, workers’ compensation will help cover your basic expenses and needs. If you were injured by someone other than your employer or a co-worker – for example, the property owner, the general contractor or a subcontractor – you may have a right to file a third-party lawsuit. This can provide money damages beyond the limits provided by workers’ compensation.
What to do if you are injured in a construction accident:
- Seek immediate medical assistance.
- Report your injury to the general contractor or shift supervisor at the site of the accident.
- Write down the contact information of anyone who may have witnessed the accident.
- Have a friend take pictures of the work area in which you were injured, focusing on obvious safety hazards that existed at the time you were working at the site.
- Jot down a summary of any statements made by witnesses as to how the accident might have occurred.
- Contact David Resnick & Associates, P.C., for a free consultation about your claim.
At David Resnick & Associates, P.C., we understand how traumatic unexpected injuries can be and the stresses that can affect you and your family at this critical time. You can turn to us for the help you need in getting through this crisis. Contact the New York law firm of David Resnick & Associates, P.C., online or call us today for a free consultation about your accident in Manhattan, Queens, Brooklyn, Staten Island, the Bronx and all of New York City.