A personal injury refers to any physical, emotional, or psychological harm caused by another’s actions, inaction, or negligence. These injuries can result from various incidents such as car accidents, slip and falls, medical malpractice, or workplace accidents.
A New York personal injury claim seeks to compensate individuals for the physical, emotional, and financial harm they’ve endured. The goal of a personal injury case, either through an insurance claim or personal injury lawsuit, is to recover damages such as medical expenses, lost wages, and pain and suffering, holding the responsible party accountable and helping restore the victim to their pre-injury state. Sometimes, personal injury claims also prevent future harm by addressing dangerous conditions or practices.
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In New York, anyone injured due to another party’s actions, inaction, or negligence can file a personal injury claim. However, having an experienced NYC personal injury attorney is often essential to navigating the complexities and building a strong case.
To pursue a personal injury case in New York, the process typically begins by filing an insurance claim, where you provide evidence of the other party’s negligence and the extent of your injuries. If a fair settlement cannot be reached through negotiation, a lawsuit may be necessary, involving filing legal documents, discovery, and potentially a trial.
To file a successful personal injury claim in NY, the injured party (plaintiff) must demonstrate that the responsible party (defendant) had a duty of care, breached that duty, and caused the injury. New York law allows victims to seek compensation for economic and non-economic damages. However, factors like the statute of limitations and shared fault rules may impact the outcome.
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Hecht, Kleeger & Damashek, P.C., represents clients across a wide range of personal injury cases, helping those harmed through no fault of their own. Our NYC injury lawyers can assist in the following personal injury scenarios and more:
Personal injury cases can involve any number of injuries, including:
The severity of these injuries significantly impacts the value of a claim, with more serious injuries typically resulting in higher compensation to account for medical expenses, lost income, and pain and suffering.
With over $825 million recovered, Hecht, Kleeger & Damashek, P.C. is led by experienced trial attorneys known for their meticulous preparation and relentless advocacy in catastrophic injury cases. With a deep commitment to helping clients rebuild their lives, we take on large corporations and insurers to secure maximum compensation. Let us fight for the result you deserve—contact us for a free case evaluation today.
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212-490-5700If you’ve been injured due to someone else’s negligence, worrying about your bills, lost wages, and other losses is natural. While returning to life before the accident is complex and every case is unique, the following sections will answer some common questions and provide important information about pursuing a personal injury case in NY.
Immediately after an accident, it’s crucial to prioritize your health and safety. Seek medical attention, even if your injuries seem minor, as some conditions may worsen over time. Contact the police or property owner to report the incident and document everything, including taking photos of the scene, getting witness statements, and preserving evidence supporting your claim.
Consulting with an attorney early will help ensure your rights are protected and that you avoid mistakes.
More on What to Do After an Injury in NY
As a personal injury victim, you can seek compensation from the responsible party for your damages. This includes economic losses like medical bills, lost wages, and non-economic damages like pain and suffering. You also have the right to legal representation to protect your interests.
You’ll need solid evidence to strengthen your personal injury case, including medical records, police reports, photos of the accident scene, witness statements, and proof of lost wages or financial losses. Your lawyer will guide you through collecting and preserving this information to build a strong case.
More on Evidence in Personal Injury Claims
In New York, personal injury cases must establish that the defendant was responsible for your injuries. This involves showing that they had a duty of care, breached that duty through negligence, and caused the injuries. New York follows a “pure comparative negligence” rule, meaning you can still recover damages even if you share some fault. Your compensation, however, may be reduced based on your percentage of responsibility
More on Fault & Liability in New York
Negligence refers to the failure to exercise reasonable care, resulting in harm to another person. In a personal injury case, negligence means that the responsible party did not act as a reasonable person would in similar circumstances, causing injury or damage.
The insurance company of the at-fault party will typically handle the claim. Their role is to negotiate a settlement with you. However, insurance companies often aim to minimize their payouts, so having an experienced attorney to negotiate is critical to ensuring you receive fair compensation.
Most personal injury cases are settled out of court through negotiations. However, if a fair settlement cannot be reached or your case would benefit from a personal injury lawsuit, your case may go to trial. Your lawyer will advise you on whether a court case is necessary and prepare you for trial if needed.
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In New York personal injury cases, victims can pursue economic & non-economic damages. Economic damages cover tangible financial losses like medical bills, lost wages, and property damage. Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life. Punitive damages may sometimes be awarded to punish particularly reckless behavior.
More on the Value of Your Claim
The timeline for a personal injury case in New York varies depending on the specifics, the extent of your injuries, and whether it can be settled or needs to go to trial. Cases that settle can take a few months, while those that go to trial could take a year or more. Your attorney will help you understand what to expect.
An experienced personal injury attorney helps by gathering evidence, negotiating with insurance companies, and representing you in court if necessary. They will guide you through the legal process, ensuring that all deadlines are met and you receive the compensation you deserve.
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Most personal injury attorneys, including those at Hecht, Kleeger & Damashek, P.C., work on a contingency fee basis, meaning you don’t pay unless they win your case. This ensures that legal fees are not an upfront concern, and you can focus on your recovery.
More about HKD’s No Win, No Fee Guarantee
Your personal injury case will be governed by several key New York laws determining how to file a claim, the damages you can pursue, and who may be held accountable. These laws cover everything from deadlines to filing a claim to rules about shared fault and protections for workers injured on the job.
Here are the laws that lay the foundation for how personal injury claims are handled in New York.
More on NY Personal Injury Laws
More Personal Injury FAQs
In the aftermath of any serious accident, protecting your rights and avoiding common missteps that could jeopardize your claim is crucial.
First and foremost, never speak with the at-fault party’s insurance company before consulting with an attorney. Insurance companies are skilled at minimizing payouts; anything you say could be twisted to reduce the compensation you’re entitled to. Second, never delay medical attention, even if your injuries seem minor at first—immediate medical documentation is vital to the success of your claim. Settling too quickly is another major pitfall. Without a clear understanding of the long-term consequences of your injuries, you could end up with far less than you need for future medical costs, lost wages, or pain and suffering.
Finally, don’t try to navigate the legal system alone. Personal injury cases are often complex, and having a skilled lawyer in your corner is the best way to negotiate with insurance companies and secure the maximum compensation you deserve.
Personal Injury FAQ
JUMP TO SECTIONAt HKD, we are proud to have helped many clients receive significant and life-changing personal injury settlements and court rulings.
We dedicate our time and skills to helping you fight for the compensation you deserve.
Selecting a personal injury lawyer to represent you in your claim can feel overwhelming, but here are some key factors to consider to ensure the best possible outcome.
First, look for experience—an attorney with extensive knowledge of New York personal injury laws and a proven track record in handling similar cases. A lawyer who has successfully won significant settlements or verdicts shows they understand how to build strong cases and navigate NY personal injury law. Equally important is their reputation in court and with insurance companies; an attorney known for their trial experience and willingness to go to court is more likely to secure a fair settlement, as insurers take their negotiation efforts seriously. Lastly, strong communication and client advocacy are essential. You want a responsive attorney who keeps you informed and genuinely cares about your case and well-being.
At Hecht, Kleeger & Damashek, P.C., our team has recovered over $825 million for our clients in cases like yours and built a strong reputation as aggressive, results-driven personal injury lawyers in New York City. With decades of experience and a commitment to meticulous case preparation, we are known for taking on powerful insurance companies and winning tough cases. Our entire firm is dedicated to fighting for the maximum compensation injury victims deserve while offering compassionate, personalized support throughout the legal process.
When you work with HKD, you only pay if we win your case, ensuring you have access to top-tier legal representation without any upfront costs.