Do I Need to Hire a Bronx Personal Injury Attorney?
Under New York law, you are not required to hire a personal injury lawyer, however, by obtaining experienced legal representation, you can significantly increase your chances of a successful outcome. At Friedland & Associates, our personal injury attorneys will guide you through each step of the process while protecting your claim and your legal rights. We know how important it is to recover every penny of compensation you’re owed and we will not back down until you obtain the fair settlement you deserve.
What Types Of Cases Does Friedland & Associates Personal Injury Lawyers Handle?
At Friedland and Associates, our personal injury lawyers handle a wide range of accident claims, including the following:
- Motor vehicle accident lawyer
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Wrongful death
- Slip and falls
- Dog bite incidents
- Catastrophic injuries
- Premises liability
- Medical malpractice
- Birth injuries
- Nursing home abuse
- Boat accidents
- Construction accidents
- Product liability
How Can a Personal Injury Lawyer Help?
At Friedland & Associates, our personal injury attorneys can help n a number of ways:
Investigate the Accident
Our legal team knows what it takes to win a claim or lawsuit. We will investigate the accident, gathering evidence that can help strengthen your case and prove liability.
Evidence may include:
- Police report/accident report
- Video surveillance footage
- Eyewitness testimony
- Expert testimony
- Medical records
- Medical bills
- Pay stubs
- Employment records
- Phone records
- Photos of the accident scene, your injuries, and any property damage
Negotiating with the Insurance Company or Defense Attorney
Negotiating a fair settlement can be a frustrating and time-consuming process. We have extensive experience handling aggressive claims adjusters and defense attorneys and are familiar with the tactics they will use to minimize payout or deny liability. If a reasonable settlement offer is not made, we will proceed with filing a personal injury lawsuit on your behalf and present your case before a judge and jury.
How to Prove Negligence in a Personal Injury Case?
For a successful case, four elements must be present:
- You must prove that the other party owed you a duty of care. For example, a property owner has a duty of care to keep their property safe and free of hazards and dangers.
- You must also prove that the other party breached their duty of care. If a property owner failed to maintain their land, resulting in a slip and fall accident, the property owner breached their duty of care.
- Next, you must establish that the other party’s breach of duty resulted in harm, such as injuries from the fall.
- Lastly, you must establish that the other party’s breach resulted in damages, such as ongoing medical care, pain and suffering, and lost wages.
Your personal injury attorney will use evidence, such as medical records, pay stubs, photos of the accident scene, and other evidence, to establish that the other party was negligent and that their negligence resulted in your injuries and subsequent damages.
How Much is My Accident Claim Worth?
The damages you’re entitled to will depend on the circumstances of the accident, your level of fault, the severity of your injuries, and other variables.
In many cases, an accident victim can recover the following types of damages for most types of personal injury accidents, with the exception of auto accidents:
- Medical bills
- Lost wages
- Vehicle damage
- Diminished earning capacity
- Pain and suffering
- Loss of consortium
- Emotional distress
- Loss of quality of life
- Loss of enjoyment of life
Your personal injury lawyer will investigate the accident and work with experts to determine the value of your claim and which damages you must pursue.
Non-Economic Damages for New York Motor Vehicle Collisions
New York is a no-fault state. This means the accident victim must file a claim with their own insurer. The accident victim will be unable to recover compensation for non-economic losses unless they sustained a serious injury and file a personal injury lawsuit against the negligent driver.
Non-economic damages can include:
- Pain and suffering
- Loss of consortium
- Emotional distress
- Loss of quality of life
- Loss of enjoyment of life
In other areas of personal injury law, accident victims can recover both economic and non-economic damages.
What is Considered a Serious Injury Under New York Law?
Serious injuries are classified as injuries that prevent the accident victim from performing their normal daily activities for a period of three months.
These injuries can include:
- Broken bones/bone fractures
- Loss of organ
- Loss of limb
- Traumatic brain injury
- Spinal cord injury
- Burns
And other injuries that severely impact the affected person’s ability to carry out routine tasks and activities.
How Long Do I Have to File a Personal Injury Lawsuit in New York?
The New York statute of limitations gives accident victims three years from the date of the accident to file a lawsuit against the negligent party. Failure to do so within this time frame can result in a case being dismissed, preventing the accident victim from recovering any and all damages related to the incident.
What is the Personal Injury Claims Process?
The personal injury claims process includes:
- Filing a claim with an insurer
- Sending a demand letter to the insurer, which outlines the injuries and damages sustained, the evidence that supports the claim, and the amount of compensation the accident victim is seeking
- Settlement negotiations between the accident victim (or their legal representative) and a claims adjuster
- If a fair settlement cannot be reached a personal injury lawyer can file a lawsuit on behalf of their client to help them recover economic and non-economic damages in court.
- A settlement is agreed upon or a verdict is reached. As an attorney is preparing for trial and during the trial process, they will continue to negotiate with the insurance company. If a settlement still cannot be reached, the trial will proceed.
What is Comparative Negligence?
New York operates under the comparative negligence rule. Under this rule, an accident victim can still recover compensation for their medical bills and other damages, however, their settlement or award will be reduced based on their percentage of fault. This means that if you were 20% at fault for an auto accident, the compensation you are awarded will be reduced by 20%.
2021 Personal Injury Bronx Accident Statistics
Auto accidents: 17,000
Bicycle accidents: 18
Pedestrian accidents: 1,730
Contact Us Today
If you or a loved one have been injured due to someone else’s negligence, contact Friedland & Associates in the Bronx today to schedule a free consultation. Our personal injury lawyers have the knowledge and experience needed to guide you through the legal process and can help you pursue the compensation you deserve.
With our extensive practice areas and dedication to client satisfaction, we are here to provide the legal support you need during challenging times. Contact us today to learn more.