Personal Injury and Accident Lawyers in New York
Accidents happen every day in New York. While some are unforeseeable, others occur due to negligence or in some cases, because of willful wrongdoing. When it comes to avoiding situations that may cause injury to others, every one of us has a duty of care. Likewise, businesses who manufacture products, and those who provide services, also share this duty of care and are legally obligated to ensure that their products and services do not present a risk to users.
Should any individual, manufacturer or service provider fail in their obligation to avoid injuring others, then they may be held legally liable for the harm and injuries suffered. Attorneys at The Perecman Firm have provided legal representation to accident and injury victims across New York for more than 30 years. When someone has been injured due to the negligence of another party, our team of professional lawyers can help recover damages for physical and emotional losses, as well as lost earnings and on-going medical expenses.
Types of Personal Injury Claims
Our attorneys have experience handling a wide variety of circumstances in which accidents and injuries have occurred. Many of our cases have arisen from the following types of situations:
- Construction accidents
- Work injuries
- Slip and falls and other accidents on property
- Lead poisoning cases
- Wrongful death
- Car accidents
- Motorcycle accidents
- Truck accidents
- Pedestrian accidents
- Mesothelioma cases
- Birth injuries
- Medical malpractice
- Defective products
Your first step toward claiming compensation for your injuries, and making those responsible accountable, begins with evaluating the circumstances of your accident. Talking with one of our injury lawyers will help you examine the cause of your accident and determine if you have a case for compensation.
Why You Need A Reputable Personal Injury Lawyer
Filing claims for damages following an accident can be daunting, especially as you try to recover from the injuries you may have sustained. Hiring an experienced and reputable attorney means you will have someone working on your behalf, building your case and gathering all of the necessary evidence. As your legal advocate they will also ensure your rights are not only protected, but are enforced throughout the entire compensation process.
One of the first things to realize before making a claim is that the legal burden of proof will rest with you. This means you will need to be able to prove your case and provide the necessary evidence to show that someone else was negligent, which led to your accident.
Although dependent on the particular type of accident that caused your injuries, you will need to prove the following elements:
The defendant had a duty of care to you. For example, employers need to ensure a safe and healthy working environment or drivers are obliged to obey the rules of the road and handle their vehicle in a way that is safe and reasonable to other road users.
The defendant broke this duty of care. In order to demonstrate that there was a breach of legal duty, you will need to be able to show that the defendant was negligent in their obligations to you or that they broke health and safety laws. Proving this negligence can be challenging and one of the hardest aspects of a successful injury claim.
Your injuries were a direct result of this breach of duty of care. Known as causation, it is essential that you are able to prove that there was a direct link between the actions of the defendant and the injuries you are suffering.
Your injuries resulted in actual harm. Your compensation claim will depend on the extent of the injuries you suffered. The more evidence you can provide to support the injuries you have experienced, the larger your award could be. Such evidence can include medical records, time off work and evidence of the pain endured.
Attorney David Perecman getting interviewed by local and national media
In any claim for personal injury, it is important you are able to prove these elements by supplying supporting evidence. Building a strong claim will rely on you being able to prove all aspects of your case, that they happened as you say they did, and that your injuries and losses were as a direct result of negligence by a third party.
Providing the necessary evidence can include subpoenaing eyewitnesses, acquiring medical records, securing evidence from the defendant through the discovery process, and bringing in testimony from accident reconstruction experts. Hiring an experienced lawyer to help gather all this evidence will remove this burden from you and allow you to continue with your recovery, safe in the knowledge you have professional working for you to build the best possible case.
What’s Included in Your Claim for Compensation?
One of biggest questions accident and injury victims have is “what can I claim for?” Your attorney will be able to advise you on the types of damages you can claim, depending on your individual case. However, most claims for damages will include some or all of the following:
This includes past, current and future medical expenses relating to your injuries.
If you have missed work you can claim for loss of earnings. If your injuries leave you permanently disabled and unable to work, then you can claim for earnings you would have received over the course of the rest of your working life.
Pain and Suffering:
Claims can include any physical discomfort caused by the pain and suffering brought on after your accident.
If your injuries cause conditions such as post traumatic stress disorder (PTSD) or other issues related to emotional distress, then you can claim damages for these too.
If an accident takes the life of a loved one then you may claim for their medical bills prior to their death, funeral expenses and loss of income for wages that person would have earned had they not been killed. You may also include a claim for lost companionship.
Negotiating With Insurance Companies
Dealing with insurance companies following an accident can often be stressful and time consuming. In hiring a capable attorney to handle your injury claim and negotiate with the insurance companies, you will have someone who will pursue a fair compensation award, representative of the losses you have suffered.
Once the insurance company makes a settlement offer it can be hard to know if the amount proposed is fair and full. Often initial offers are low and do not represent the full extent of the losses suffered. Knowing whether or not to accept this first figure can be difficult, which is why your lawyer can advise you on whether it is fair or if you should seek an improved award.
Why Hire The Perecman Firm?
Our experience in handling accident and injury cases in New York, means we are well-placed to advise on a fair and just compensation amount which best represents your current and future losses. Since our founding in 1983, we have fought for the rights of clients injured by the negligence of others and won more than $200 million in settlements. We will not charge you any fees unless we win your claim, which means you can be assured that we’ll aggressively pursue the best settlement possible for the injuries and losses you have suffered.
Following an accident in which injuries are suffered, there is a time limit in which a claim for compensation can be placed. Deadlines can be as short as 90 days, especially if you identify the person responsible as being a government employee or agency. Known as Statute of Limitations, these time constraints means it is vital you do not delay in getting legal help and advice with your claim.
The Perecman Firm offers free consultations to discuss your accident and any claim for damages. Contact us today to find out more about our services and how we can help.
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New York Personal Injury Lawyer
New York Office
250 W 57th St
New York, New York 10107