Hiring a New York Personal Injury Lawyer

If you have been injured as the result of the negligence of another person or entity, liability and the damages are the two main bases to establish if you have a case. In order to file a personal injury claim in New York, the plaintiff must be able to prove that the defendant is liable for the injuries and if so what are the nature and the extent of the damages. If these two elements can be proven you may have a case and we recommend you contact a personal injury lawyer to discuss it.

When choosing a personal injury lawyer, it's important to ask the right questions to make sure you find someone who is experienced, qualified, and a good fit for your needs. Here are 10 questions you might want to consider asking during your consultation:

1. What is your experience handling personal injury cases?
2. What percentage of your practice is devoted to my type of case, and how many cases like mine have you handled in the past?
3. What is your success rate in settling or winning personal injury cases, and what types of settlements or verdicts have you obtained for clients with similar injuries to mine?
4. How do you communicate with your clients and keep them informed about their case?
5. What fees do you charge, and how are they structured? Do you work on a contingency fee basis, which means you only get paid if you win the case, or do you charge hourly or flat rates?
6. Who will be handling my case, and will it be you or someone else in your firm?
7. How long do you anticipate my case will take to resolve, and what steps will you take to move it forward as quickly as possible?
8. Can you provide me with references or testimonials from previous clients?
9. Will you be able to negotiate with the insurance company on my behalf, or do you anticipate taking my case to trial?
10. What is your approach to settlement negotiations, and how do you balance the need to reach a fair settlement with the need to protect my interests?

While every case is different, the most common damages claimed in a New York personal injury lawsuit are the pain and suffering endured as a result of the injury, the loss of wages related to the injury and medical expenses (current and future).

Pain and suffering are non-economic damages sustained by the negligence of the defendant. Under New York Law the amount that can be recovered for pain and suffering varies greatly from case to case. If your case is settled out of court, your attorney will negotiate with the defendant the amount of the compensation for pain and suffering. The value of your case depends on many factors including the liability of the negligent defendant, the severity and permanency of your injury and the loss of income as a result of the injury. In evaluating your case your attorney will compare monetary awards in similar cases. If your case goes to trial, the jury will decide what amount will be awarded for pain and suffering. Your attorney will present expert testimony by among others, physicians, economists and life care planners. Each case is of course different and the experts retained by your attorney will depend on the facts of the particular case.

A consultation with a personal injury lawyer to discuss a potential case is usually free as personal injury lawyers usually handle cases on a contingent fee bases. It means that a personal injury lawyer doesn’t charge by consultation but will take a percentage on the amount recovered, usually 33.33%.

Throughout the years, our personal injury attorneys have successfully represented individuals and families in New York who suffered injury by the negligence or recklessness of others and we understand how devastating and overwhelming it can be to deal with mounting costs and suffering caused by serious personal injury. We retain the very best experts including accident reconstructionists, biomechanical engineers, medical doctors, forensic pathologists, economists and other experts from the various disciplines involved in the case because every personal injury case requires the plaintiff to prove both liability and damages. Each case has its own set of associated costs, including pain and suffering, lost wages, the cost of care and many other monetary costs and these must be clearly demonstrated. Our trial lawyers will document and preserve any evidence necessary to prove your case and meticulously prepare your case for trial.

The Speaking Agents Act (S.7093/A.8040), which became law on December 31, 2021 amends the rules of evidence to allow the admission of an opposing party's statement if made by an employee or party's agent as long as it relates to a matter occurring during and within the scope of that relationship.

Previous to this amendment, employees' statements could only be accepted as evidence if they were made by a "speaking agent" who was a high-level management person.

This outdated rule led to very unfair rulings over the years. In a case that occurred before the new law was enacted, the Appellate Division, Second Department ruled that a nurse statement about how long a plaintiff waited in an emergency room before being treated was admissible against her but not against the hospital. (Read More about the Speaking Agents Act)

Social media can have a devastating effect on the outcome of your case. Anything that you post on social media while your case is ongoing can be used against you by the defense attorney. We always ask our clients not to discuss their case on social media and avoid posting pictures of their activities while their cases are ongoing. You should also be mindful of what your family and friends are saying or posting about you on social media.