New York Personal Injury Lawyers

Personal injury law encompasses a large variety of different claims. Most people seek out a personal injury attorney after they’ve been injured in a car accident. But car accidents are not the only situations where a person can seek aid through a civil claim. What follows below are just a few of the practice areas that our legal team can help you with.

• Construction Accidents: Despite numerous improvements in workplace safety, thousands of people are killed or seriously injured every year in construction accidents. The four leading causes of workplace death are falls, being struck by objects, caught in or between accidents, and electrocutions. New York has numerous laws designed to protect workers who are injured on the job including New York Labor Law § 200, New York Labor Law § 240(1) and New York Labor Law § 241(6).
• Wrongful Death: Deaths can occur following any accident and leave surviving family members without a safety net. Family members can seek compensation through N.Y. Est. Powers & Trusts Law § 5-4.1 (2021).
• Toxic Torts: A toxic tort claim can arise when a person sustains injury by a toxic substance such as asbestos or hazardous waste. It can take years for a person’s injuries to manifest. Victims can seek compensation for medical bills, lost wages, and pain and suffering.
• Motor Vehicle Accidents: Driving is by far the most dangerous activity that people engage in on a regular basis. Whether you’ve been injured by another passenger vehicle, a bus or a truck you can sue the driver at fault through a negligence claim.
• Premises Liability: Property owners in New York have a legal obligation to maintain their premises in a reasonably safe condition. When someone is injured by a dangerous condition on a property, they may have recourse through a premises liability claim.
• Aviation Accidents: Airplane accidents are rare, but they still occur leaving many people dead or seriously injured every year. Aviation accidents can be extremely complex and liability can extend to numerous entities including an airline, the plane manufacturer, and the air traffic controller.
• Boating Accidents: In 2020 alone, 767 people died in boat accidents in the United States. Right-of-way rules on the open waters can be difficult to understand. Most accidents occur with inexperienced drivers that don’t understand how to control their boats.
• Medical Malpractice: Hospitals and doctors make mistakes far more often than people realize. According to studies published in the National Library of Medicine, over 250,000 people die every year in the United States due to medical errors. In fact, the United States leads the world in deaths and serious injuries caused by medical errors. Demonstrating liability in the medical field can be extremely difficult. It’s best to seek out the advice of a skilled attorney who has experience with medical malpractice claims.

No matter what type of accident you are injured in, it’s always best to seek out an attorney who focuses 100% of their practice on personal injury claims. Every case is different and requires a unique approach. A New York personal injury attorney can examine your case and let you know what your legal options are. Even if you’re partially at fault for an accident, you still may have legal recourse.

How Liability Is Determined In New York

New York is a comparative fault state. In short, even if a person is 99% at fault for an accident, they can still seek damages through a civil claim. Any monetary award the person receives is reduced proportionately by the percentage they are found to have contributed to the accident. As a general principle, there are four elements that must be established to demonstrate liability in a negligence claim.

• Duty: In order to succeed in a civil claim, a plaintiff must first demonstrate that the person or entity their claim is aimed at owes them a duty of care. A duty of care can arise from the relationship that two people have (e.g., property owner and tenant).
• Breach of Duty: Once a duty of care is shown, the plaintiff must demonstrate that there was a breach in that duty of care. A breach may occur due to action or inaction. For example, a driver can breach their duty of care by failing to yield to a pedestrian and driving through a stop sign.
• Causation: A plaintiff must also prove that the breach of duty was the proximate cause of the harm that they suffered. A plaintiff’s injuries must have been “reasonably foreseeable” at the time of the incident.
• Damages: A plaintiff must also demonstrate the nature and extent of their injuries. Damages can include hospital and medical bills, lost wages as well as pain and suffering.

Insurance companies are not on your side. They will do everything in their power to try to deny responsibility for any accident. They often try to get plaintiff’s to give a statement which could be used to undermine their own case. When they can’t deny responsibility for an accident, they will downplay the extent of a victim’s injuries. They primarily make money by denying as many claims as possible and paying victims as little as possible.

What Steps Should Be Taken After an Accident

It can be difficult to think clearly after a serious accident. This is especially true in instances where a family loses the person who was chiefly responsible for taking care of them financially. Whether you’re injured in a car accident or you fall while grocery shopping, there are a few basic steps that you should take to protect your rights.

• Assess the scene and exchange information with all relevant parties. Report the accident if necessary. After this, take as many pictures as you can to document what happened. It’s also a good idea to seek out surveillance footage if it exists.
• Seek medical care as soon as you can. You may not feel as though you are injured after an accident. But people are often in a state of shock after a serious accident, which can mask serious injuries. Seek medical care if you are injured. Insurance companies will often try to claim you weren’t seriously injured if there are large gaps in coverage.
• Do not admit fault for the accident and avoid speaking with the opposing party’s insurance company.
• Hire the best personal injury attorney that you can. An attorney will take steps to ensure that evidence and your rights are being preserved. It doesn’t cost anything up-front to hire an accident attorney and they only get paid after they have successfully resolved your case.

Demonstrating liability for any accident is not a straightforward process. There are many pieces of evidence that should be preserved. There are also statute of limitations that must be observed. For example, if the victim for any accident was injured by a municipal entity in New York, they must file a Notice of Claim within 90 days. Failing to complete certain steps within the statute of limitations can result in a permanent forfeiture of your rights.

How Can A Lawyer Help With My Case?

Many people assume that they don’t need an attorney after an accident. Some people want to take matters into their own hands. This is especially true when insurance companies step forward quickly and offer victims a settlement check. But the truth is that there are a number of ways that an attorney can help with your case, even if you’ve already been presented with a settlement check for any accident.

• It’s almost never a good idea to accept the first offer that you are given. An attorney can help maximize what you get for your injuries. A thorough, clear presentation of the evidence can move insurance companies to settle for much higher than what they would initially be inclined to settle for.
• An attorney can find numerous sources of liability that may not be obvious to you.
• An attorney can help you get the medical care you need, even if you may have health insurance.
• Personal injury attorneys work on a contingency fee basis. They absorb the financial risk of taking on your case and only get paid when they resolve it successfully.

Hiring an attorney is a very personal decision. Our team of New York personal injury lawyers are here to answer any questions that you may have to help put your mind at ease. We have a long track record of successfully resolving claims for our clients. We are committed to helping accident victims get the maximum compensation that they deserve so that they can get back to living their life on their terms.

Getting Help From A New York Personal Injury Attorney

Have you or someone that you love been injured in New York? There are many laws designed to help you. This is true whether you’ve been injured in a car accident or while you were at work. Our team of personal injury attorneys at Gersowitz Libo & Korek, P.C. can investigate all of the unique facts of your case and get to the bottom of what caused an accident. You don’t have to take on insurance companies by yourself. We can take them on for you. In fact, we’ve successfully recovered nearly 1 billion dollars for our deserving clients over the years. No matter how complex your case might be, we may be able to help you. Whether you just have legal questions or need a free, independent investigation into an accident, we are always here for you. As with all of our clients, we are happy to offer you a risk-free consultation. You can reach out to us anytime at 800-529-9997.

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