At the Law Offices of Ira M. Perlman, P.C. & Robert D. Rosen, P.C., we completely understand the physical, emotional, and financial toll a personal injury can inflict on individuals and their families. Whether you’re dealing with the aftermath of a vehicular accident, a workplace mishap, medical malpractice, or any other form of injury due to negligence, we are here to guide you through the legal process and fight for the compensation you deserve.

Experienced Personal Injury Attorneys Ready to Help

When you choose our law firm, you’re not just getting a personal injury attorney; you’re gaining an ally who will fight for you and stand by your side every step of the way. As experienced lawyers practicing over 38 years, we have a deep understanding of New York’s complex legal system and are committed to providing compassionate, comprehensive legal representation.

What Constitutes a Personal Injury in NYC?

In New York City, a personal injury refers to harm that comes to an individual due to someone else’s negligence, intentional act, or strict liability. This injury can be physical, emotional, or psychological and must be the result of wrongful conduct by another party.

To establish a personal injury case in NYC, the injured party (plaintiff) must prove that the other party (defendant) had a duty of care that was breached, directly causing the injury, and resulting in damages. This includes showing that the defendant’s actions or failure to act were the proximate cause of the injury and that the plaintiff suffered losses as a result, such as medical expenses, lost wages, pain and suffering, loss of enjoyment in the daily activities of living, and other related damages.

How Do I Know If I Have a Personal Injury Case?

Determining whether you have a personal injury case involves assessing several key factors to establish if your situation meets the legal criteria for pursuing a claim. Understanding these factors can help you decide whether to proceed with legal action. Here’s a breakdown of what to consider:

• Negligence or Fault: To have a personal injury case, there must be evidence that another party’s negligence or intentional act caused your injury. Negligence means that the party failed to act with the level of care that a reasonable person would have exercised under the same circumstances. If this negligence directly led to your injury, you probably have a viable case.
• Duty of Care: It must be established that the defendant owed you a duty of care. This means that the defendant had a legal responsibility to act in a way that would not harm others. For example, drivers have a duty to operate their vehicles safely, and property owners have a duty to keep their premises safe for visitors.
• Breach of Duty: There needs to be a breach of the duty of care. This occurs when the defendant fails to meet their legal obligation to act safely and responsibly, leading to your injury. Evidence of the breach is crucial for a personal injury claim.
• Causation: You must prove causation, meaning that the defendant’s breach of duty directly caused your injury. This link between the defendant’s actions (or inaction) and your injury is essential for a valid personal injury case.
• Damages: Lastly, you must have suffered damages as a result of the injury. Damages can include medical bills, lost wages, pain and suffering, and other losses. Without measurable damages, there may not be a basis for a claim.

Steps to Determine if You Have a Case:

• Document Everything: Keep detailed records of the incident, including photos, witness statements, medical reports, and any other evidence that supports your claim.
• Seek Medical Attention: Even if you’re unsure about the severity of your injury, seeing a doctor immediately is crucial. Medical records serve as important evidence for your case.
• Consult a Personal Injury Lawyer: An experienced personal injury attorney can evaluate the specifics of your situation and provide guidance on whether you have a viable case. Most personal injury lawyers offer free initial consultations, allowing you to explore your options without financial commitment.

When to Consult a Lawyer

If you’re uncertain about any of the above factors or how to collect the necessary evidence, consulting with an experienced personal injury lawyer is a wise step. Personal injury Lawyers can offer advice on the viability of your claim, help gather and analyze evidence, and represent you in negotiations with insurance companies or in court, if necessary. They can also advise you on the statutes of limitations, which are the deadlines for filing a personal injury lawsuit in your state, ensuring that you don’t miss the opportunity to seek compensation.

How an NYC Personal Injury Lawyer Can Help

As a premier law firm with experience in personal injury cases in New York City, the Law Offices of Ira M. Perlman, P.C. & Robert D. Rosen, P.C. is dedicated to providing our clients with unparalleled legal support, guidance, and representation. When you or a loved one has suffered an injury due to someone else’s negligence or wrongful act, navigating the aftermath can be overwhelming. Here’s how our experienced NYC personal injury lawyers can assist you:

1. Comprehensive Case Evaluation

Our first step is to offer you a thorough case evaluation. We listen to your story, review any evidence you have, and assess the viability of your claim. This initial consultation is free, providing you with a risk-free opportunity to understand your legal options.

2. In-depth Investigation

We conduct a comprehensive investigation into the circumstances surrounding your injury. This involves gathering all pertinent evidence, including medical records, accident reports, witness statements, and any available relevant surveillance footage. Our goal is to build a robust case that clearly demonstrates the other party’s negligence or wrongdoing.

3. Experience in New York Personal Injury Law

Our legal team has extensive knowledge and experience in New York’s personal injury law. We understand the intricacies of state laws and regulations, enabling us to navigate the legal system effectively. Our experience ensures that your case is handled with the professionalism and diligence it deserves.

4. Negotiating with Insurance Companies

Dealing with insurance companies can be daunting. As seasoned and experienced attorneys, we have unparalleled experience negotiating with insurers to ensure that our clients receive the maximum compensation possible. We fight aggressively on your behalf to secure a settlement that covers all your medical expenses, lost wages, and other damages.

5. Legal Representation in Court

While many personal injury cases are settled out of court, some require litigation. If your case goes to trial, you can count on our skill to represent you effectively. We prepare meticulously for court, presenting a compelling case to the judge and jury to advocate for your rights and interests.

6. Personalized Attention and Support

At our firm, we believe in providing personalized attention to each of our clients. You are not just a case number to us; you are an individual person who deserves compassion and support along with any other members of your family who have been impacted. We keep you informed throughout the legal process and are always available to answer your questions and address your concerns.

7. No Fees Unless We Win

We operate on a contingency fee basis, which means you owe us nothing unless and until we win your case. Our fees are a percentage of the settlement or award we secure for you, ensuring that our interests are fully aligned with yours.

Types of Personal Injury Cases We Represent

At the Law Offices of Ira M. Perlman, P.C. & Robert D. Rosen, P.C., we understand the profound impact a personal injury can have on your life and the lives of your loved ones. Our experienced NYC personal injury lawyers are dedicated to providing comprehensive legal representation to individuals who have suffered due to the negligence or wrongdoing of others. Here is a closer look at the types of personal injury cases we represent:

Motor Vehicle Accidents

• Car Accidents: Representation for individuals injured in car accidents due to another driver’s negligence, including rear-end collisions, head-on collisions, and T-bone accidents.
• Truck Accidents: Legal assistance for victims of accidents involving commercial trucks, where complex regulations and multiple parties may be involved.
• Motorcycle Accidents: Advocacy for motorcyclists injured due to negligent drivers, road hazards, or defective motorcycle parts.
• Pedestrian Accidents: Support for pedestrians struck and injured by vehicles, emphasizing the severe injuries that often result.
• Bicycle Accidents: Representation for cyclists injured in collisions with vehicles or due to dangerous road conditions.
• Public Transportation Accidents: Legal services for individuals injured while using public transportation, including buses, trains, subways, ubers, rideshares and taxis.

Premises Liability

• Slip and Fall Accidents: Assistance for victims of falls due to unsafe conditions on someone else’s property.
• Premises Liability Cases: Representation for individuals injured due to a property owner’s negligence in maintaining safe premises.
• Sidewalk accidents: Tripping and falling due to any unsafe or defective conditions such as holes, cracks and mis leveled areas on the sidewalk or public way.

Workplace and Construction Accidents

• Construction Accidents: Advocacy for construction workers injured on-site due to safety violations, equipment malfunctions, or negligence.
• Workplace Injuries: Legal services for employees injured on the job where in addition to any workers’ compensation claims the injured party is entitled there is the potential for a third-party lawsuit due to involvement of another responsible wrongdoer other than the employer.

Medical Issues and Malpractice

• Medical Malpractice: Representation for patients harmed by medical professionals’ negligence, including surgical errors, misdiagnoses, failure to diagnose and medication errors.
• Nursing Home Abuse: Legal support for the elderly or disabled suffering from physical or emotional abuse and neglect in care facilities including but not limited to fractures due to falls or decubitus ulcers/ bed sores resulting from failure to provide appropriate nursing care.

General Liability

• Dog Bites and Animal Attacks: Legal services for victims of animal attacks, focusing on the owner’s liability for injuries caused by their pet.
• School Accidents: Representation for failure to provide adequate supervision and to apply all necessary safety measures in order to prevent any harm or injury to a child/student.
• Excessive Force by Police or Police Brutality: Representation for injuries and trauma due to excessive police use of force including false arrest and the loss of liberty resulting in false imprisonment.
• Property Fire/Explosion Occurrences: Representation of victims and families suffering burns and catastrophic injuries due to building owner negligence resulting in fires or explosions.

Catastrophic Injuries and Wrongful Death

• Wrongful Death Claims: Compassionate representation for families seeking justice and compensation for the loss of a loved one due to the negligence or wrongful act of another.
• Burn Injuries, Brain Injuries, Spinal Cord Injuries: Legal support for victims of severe injuries that have life-altering consequences.

Miscellaneous Cases

• Electrocution, Sports-Related Injuries, Boating, and Aviation Accidents: Legal assistance for less common but equally serious injuries resulting from various activities and accidents.
• Train and Subway Accidents, Swimming Pool Accidents, Amusement Park Accidents: Representation for individuals injured in accidents in public or recreational settings.
• Defamation (Libel and Slander), Assault and Battery Claims: Advocacy for victims of personal attacks, whether physical or reputational.
• Pharmaceutical Litigation, Toxic Asbestos Exposure, and Poisoning: Legal services for individuals harmed by dangerous drugs or exposure to toxic substances including asbestos which can result in mesothelioma, lung cancer and/or asbestosis.

Our commitment at the Law Offices of Ira M. Perlman, P.C. & Robert D. Rosen, P.C. is to provide diligent and personalized legal representation to each of our clients. If you or a loved one has suffered an injury due to someone else’s actions or negligence, we are here to help you navigate the legal process and fight for the compensation and justice you deserve. Contact us today for a free consultation to discuss your case.

Damages You Can Pursue In a Personal Injury Case

In personal injury cases, damages are monetary awards to the plaintiff for losses due to the defendant’s negligence or wrongful actions. These aim to financially restore the injured party. At the Law Offices of Ira M. Perlman, P.C. & Robert D. Rosen, P.C., we guide our clients through pursuing all entitled damages, categorized into economic, non-economic, and sometimes punitive damages.

Economic Damages

Economic damages, also known as special damages, are compensation for financial losses that are directly quantifiable. They include:

• Medical Expenses: Covers past and future medical care related to your injury, including hospital stays/admissions, surgeries, medication, diagnostic testing, physical therapy, and rehabilitation.
• Lost Wages: Compensation for income lost due to the inability to work as a result of your injury. This also includes loss of earning capacity if your ability to earn money in the future is impacted.
• Property Damage: Reimbursement for repair or replacement of property damaged in the incident, such as your vehicle in an auto accident.
• Out-of-Pocket Expenses: This covers various expenses incurred because of the injury, such as transportation costs to medical appointments, medical devices or equipment, home modification expenses, and the cost of hiring help for household tasks you can no longer perform.

Non-Economic Damages

Non-economic damages, or general damages, compensate for non-financial losses that are not easily quantifiable. They include:

• Pain and Suffering: Compensation for physical pain, discomfort, and suffering experienced as a result of the injury.
• Emotional Distress: Covers the psychological impact of the injury, such as anxiety, depression, and loss of enjoyment of life.
• Loss of Consortium: Compensation awarded to the spouse or family of the injured person for the loss of companionship, affection, and support.
• Disfigurement and Scarring: Compensation for permanent physical changes that affect appearance or bodily function.
• Loss of Enjoyment of Life: Compensation for the inability to enjoy hobbies and activities that were part of the injured person’s life before the accident.

Punitive Damages

Punitive damages are not awarded in every personal injury case. They are intended to punish the defendant for particularly reckless or egregious behavior and to deter similar conduct in the future. The availability and criteria for punitive damages vary by jurisdiction.

What to Do If You Have Sustained an Injury From Someone Else’s Negligence

If you’ve been injured due to someone else’s negligence, taking prompt and precise actions can significantly impact your ability to seek compensation. Follow these steps to protect your rights and prepare for a potential personal injury claim:

• Seek medical attention immediately for your injuries.
• Document the scene and your injuries with photos and notes.
• Gather contact information of witnesses.
• Report the incident to the relevant authorities (e.g., police, employer).
• Keep all medical records and receipts related to your injury.
• Avoid discussing the incident on social media or with insurance adjusters.
• Contact a personal injury lawyer to discuss your legal options.

Ready to Protect Your Rights? Contact Us Today

If you’ve sustained an injury due to someone else’s negligence, don’t navigate this challenging time alone. Our experienced personal injury lawyers are here to guide you through the legal process and fight for the compensation you deserve. Contact us today for a free consultation and take the first step towards securing your future.

NYC Personal Injury FAQs

Navigating the aftermath of a personal injury in New York City can be complex and confusing. Here are answers to some frequently asked questions (FAQs) to help you understand your rights and the legal process.

How long do I have to file a personal injury lawsuit in New York?

New York’s statute of limitations for personal injury cases is generally three years from the date of the accident. However, exceptions exist, especially of a municipality or other governmental agency is involved which can significantly shorten the amount of time you have to commence a lawsuit, so it’s crucial to consult with a lawyer promptly.

Can I still receive compensation if I’m partly at fault for the accident?

Yes, under New York’s comparative negligence rule, you can still recover damages even if you’re partially at fault, but your compensation will be reduced by your percentage of fault.

What types of damages can I recover in a personal injury lawsuit?

Economic damages for financial losses (e.g., medical bills, lost wages), non-economic damages for non-financial losses (e.g., pain and suffering), and sometimes punitive damages.

Do I need a lawyer for a personal injury claim in NYC?

While not required, having a skilled personal injury law firm can significantly improve your chances of receiving fair compensation. Lawyers can navigate legal complexities, negotiate with insurance companies, and represent you in court if necessary.

How much does it cost to hire a personal injury lawyer in NYC?

Most personal injury lawyers work on a contingency fee basis, meaning you pay nothing upfront. This is how our office will proceed in your case.

What if my injury occurred at work?

Work-related injuries usually fall under workers’ compensation, providing benefits regardless of fault. However, you might also have a third-party claim if someone outside of your employer contributed to your injury.

How long does a personal injury lawsuit take in NYC?

The duration varies widely depending on the case’s complexity, the parties involved, and whether the case is settled out of court or goes to trial. It can take anywhere from a few months to several years.

What is the first step in pursuing a personal injury claim?

The first step is to consult with a personal injury lawyer who can evaluate your case, advise you on your legal options, and outline the steps for pursuing compensation.

For more detailed answers tailored to your specific situation, or if you have further questions, don’t hesitate to reach out to us. We are ready to provide you with the guidance, support, personal attention and aggressive representation you need to navigate your personal injury claim in New York City.