Trusted Personal Injury Law Firm in New York – Get the Representation You Deserve

Accidents can happen when you least expect them, and sometimes lead to life-changing consequences. Whether it’s a car accident, pedestrian accident, construction accident, or even medical malpractice, victims injured by the negligent or reckless conduct of another may be entitled to compensation under New York law. However, navigating the legal system can be challenging, especially when you are still recovering, and the strict deadlines, comparative negligence rules and insurance company tactics make it difficult to secure fair compensation. That’s why you need a trusted personal injury law firm in New York – one with the skills, knowledge, and expertise to fight the good fight to protect your rights, justice, and compensation.

The Role of a Personal Injury Law Firm in New York

At the Law Office of Eli Shmulik, we understand that you place a great deal of trust in us when it comes to dealing with your personal injury matters. Whether it be submitting insurance claims or filing lawsuits, our team of experienced personal injury lawyers has a proven track record of protecting the rights of accident victims across New York. As part of handling your case, we will:

• Host the initial consultation free of charge.
• Work the case on a contingency basis with no hidden costs—we don’t get paid unless you win.
• Conduct a detailed investigation into the particulars of your personal injury.
• Gather all relevant evidence to build a strong case that accounts for all the damages you’ve suffered.
• Handle the paperwork and procedural requirements in a timely manner.
• Enter into negotiations with insurance companies and defense attorneys to reach a fair and equitable settlement.
• Stand firm as advocates of your rights and interests in court.

What is a Personal Injury Lawsuit?

A personal injury lawsuit can be defined as a civil legal action brought to court by an injured party, where they seek to rely on the personal injury laws of the relevant jurisdiction (in our case, New York State) and claim relief, including compensation for the injuries they have suffered due to the act/omission of another. Thus, in order to present a successful personal injury lawsuit in court, you must demonstrate all of the following elements:

Duty of Care

The law does not impose an absolute responsibility (i.e., a duty of care) on everyone, and depending on the circumstances, the threshold for said duty of care may be higher or lower in comparison to one another. Examples of levels of care include negligence, recklessness, intent, and strict liability. Therefore, anyone claiming personal injury must first show that there existed a duty of care. For example, drivers on the road have a general duty of care to ensure the safety of other drivers and pedestrians.

Breach of Duty of Care

Once the duty is established, the next question is whether the accused had breached the duty of care. That is, could the actions be viewed as negligent, reckless, or under strict liability based on the standard of care that applied to it? For example, if a driver was excessively speeding in a crowded area, his conduct would most likely be considered negligent or reckless. If there has been a breach, we move to the final question.

Causation—Sufficient Link Between Person’s Conduct and Another’s Injury

If there has been a breach, you must prove that the accused’s actions were sufficiently connected to the injuries you sustained. However, the actions don’t need to be the direct cause, but the most likely or “proximate cause” of the injuries.  

Types of Personal Injury Cases in New York

Personal injury law is a broad area of law that can virtually account for any accident that was caused by another and causes physical or emotional harm to the victim. As a personal injury law firm in New York, we’ve handled plenty of personal injury matters, and they include:

• Car accidents
• Bus accidents
• Motorbike accidents
• Truck accidents
• Pedestrian accidents
• Slip and Fall accidents
• Workplace accidents
• Construction accidents
• Defective product accidents
• Nursing home abuse and neglect
• Medical malpractice

Why Would You File a Personal Injury Lawsuit?

In New York, citizens can claim compensation either through insurance or by filing personal injury lawsuits. Insurance claims are the preferred course of action since they are quicker, involve lower costs, and the overall work is less. However, as a personal injury law firm in New York, we often find that a personal injury lawsuit becomes a necessity due to the following reasons:

• The insurance settlement is often too low and does not cover all the costs.
• The insurance claim may be rejected.
• The party at fault might refuse to accept responsibility and try to shift the blame, citing comparative negligence.
• Insurance policies do not account for non-economic losses such as pain and suffering and emotional distress.

However, it must be pointed out that each personal injury matter is subjective, and choosing between an insurance claim and a lawsuit requires a lot of thinking and expertise legal advice from a New York personal injury lawyer.

Damages Claimed in Personal Injury Lawsuits

When filing a personal injury lawsuit, you must present to the court the compensatory value you wish to claim from the other party. To present this value in court, a personal injury lawyer will go through your case and note all the tangible and intangible losses you’ve suffered as a result of the accident. Therefore, the final value will be the total sum of all the economic, non-economic, and sometimes punitive damages.

The economic damages account for losses such as medical expenses, loss of wages, and temporary or permanent disability. On the other hand, non-economic damages account for losses that do not have a set financial value, such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. On rare occasions, the courts can also award punitive damages against the guilty party with the intent to punish and deter similar conduct in the future.

Statute of Limitations for Personal Injury Claims in New York

When filing personal injury claims, time is not always on your side. Since these lawsuits are subject to a statute of limitations, a claim must be filed within a prescribed time, and if you fail to do so, you lose the right to bring such a claim against the other party. Think of it like a clock that counts down to the end. Under New York law, personal injury lawsuits must be presented within three years from the date of the incident.

Medical malpractice

In medical malpractice cases, the rules change. An action must be commenced within two years and six months from the “act, omission, or failure complained of or from the last treatment where there is a continuous treatment of the same illness and injury.

However, if the medical malpractice involves a cancer misdiagnosis, the two -year period will only start when you first learn of the misdiagnosis. With the discovery of a foreign object left behind after a procedure, the claim must be filed within a year of discovering the foreign object or the discovery of the fact that led the reasonable person to discover the foreign object, whichever is first.

If the malpractice involves an infant, they have ten years from the date of the malpractice to file the claim, unless the time is extended with one of the two exceptions mentioned above. Furthermore, the statute of limitations does not run against insane individuals. The statute of limitations will only start if the insanity is deemed cured, leaving the person with two years and six months to file action.

Action against government entities

Any personal injury lawsuit against a government agency has a statute of limitations of one year and ninety days from the date of the accident. However, before filing action, you have to file a notice of claims within 90 days of the accident to notify the agency of your intentions.

‍