Whether it happened on the job or on a busy city street, someone else’s negligence should not limit your earning potential or ability to live a productive life. A New York personal injury claim offers you a path towards putting your life back together, but the value of your settlement or award will depend on the decisions you make now.
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New York County Bar Association
One of the largest, most influential bar associations in the country with NYCLA members pioneering some of the most far-reaching legal reforms in America.
New York City Bar Association
The best lawyers in NYC, the City Bar’s mission is to equip and mobilize legal professionals to practice with excellence, promote reform, and uphold the rule of law.
New York State Bar Association
The largest voluntary state bar organization in America with the goals of facilitating access to justice and elevating professional standards.
Center for Justice Democracy
The CJ&D is a non-profit, non-partisan consumer rights organization dedicated to educating the public about the U.S. civil justice system and fighting tort reform.
Multi-Million Dollar Advocates Forum
Reserved for the top trial lawyers, membership is limited to those with multi-million dollar verdicts and settlements. Fewer than 1% of lawyers are members.
American Association for Justice
The AAJ is a nonprofit advocacy and lobbying organization for plaintiff's lawyers in the U.S. with the mission to "promote a fair and effective justice system."
When you work with Hecht, Kleeger & Damashek, P.C. you can move through the claims process with confidence, knowing that everything possible is being done on your behalf.
Many times, you will know precisely what caused your accident and who is to blame. In other cases, things may not be so clear. Our injury lawyers are not interested in quick, cookie-cutter injury settlements where we shuffle some papers and get you a check. Instead, we begin every personal injury case with an exhaustive review.
We will immediately locate key witnesses, obtain statements, take photographs and preserve other evidence before it disappears. This is how we determine if a driver was distracted by their phone, driving under the influence, or whether a contractor ignored safety measures to rush a job. Once we know exactly what happened, we’ll identify the liable parties and pursue claims against any insurance policy that may apply.
When you’re injured, insurance companies and their representatives will rush to contact you. They will appear friendly and dedicated to getting you compensation quickly. However, these companies’ only goal is to pay out as little as possible and the impact of your injuries may take time to fully appreciate.
You have the right to postpone speaking with an insurance company until you have consulted a lawyer or to have an attorney present. Let us handle these communications so you are protected from anything that could limit what you recover, and any offer is sufficient to meet your needs – now and down the line.
People often feel they are fine after an accident, but injuries can appear days or weeks later. Medical care is almost always necessary. We will request documentation from your medical providers and make sure we have evidence of all of your losses.
After we compile your various damages, the next step in your New York personal injury claim is to notify the liable parties and their insurers. This may involve making an initial demand for compensation and entering into a process of “back and forth” with offers and counter-offers until an agreement is reached or a lawsuit is filed.
Because of our ability to find evidence and insurance policies that others may overlook, our lawyers are the ideal candidates to negotiate for the highest possible result.
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While most injury claims settle out of court, sometimes the parties do not agree or the circumstances require a lawsuit from the beginning. This is usually to preserve critical evidence or to seek justice for the harm done to you.
Regardless of your injury or situation, by understanding the New York personal injury trial process you can make well-informed decisions and increase your chances of success in a personal injury lawsuit.
Lawsuits are initiated by filing a Summons and Complaint for damages. This is a carefully written document that articulates your legal claims as the plaintiff, identifies the alleged at-fault parties as the defendants, and details different types of compensation we are seeking to recover.
After the complaint is filed with the court and the other party has a chance to respond, the matter will enter the fact-finding stage. This accounts for the majority of the personal injury lawsuit timeline.
During discovery, both sides will exchange pertinent information, documents, and reports to gather any evidence that solidifies their position regarding liability. This also often requires the taking of depositions, which involves testifying under oath regarding the facts of the case.
This is where procedural issues and matters of personal injury law will be established prior to trial. Both sides will set the parameters of what evidence will be admitted and which witnesses will testify.
If a resolution is not reached, both the plaintiff and defendants’ respective legal counsel will present their arguments to the court. This means putting the contested issues of fact and liability to be decided by a judge or jury.
Once both sides present their cases, the judge or jury in your lawsuit will make a determination about liability and how much compensation to award.
Hecht, Kleeger & Damashek, P.C. prepares every case as if it will proceed to trial. This strengthens our position to negotiate and puts insurers on notice that they cannot simply make your case go away.
In some personal injury cases, the alleged at-fault parties may claim that you share all or a portion of the blame for the incident that caused your injuries. This is a common approach to reduce what large insurance companies pay out as compensation. If they can establish that you share some level of responsibility, it can affect the total amount you can receive.
New York follows a “pure comparative negligence” rule, which means the compensation you are entitled to will be reduced by your degree of fault. If you suffered $1,000,000 in damages, but the court determines you were 10% at fault, you can still recover compensation, but only up to $900,000 or 90 % of the total.
At HKD, we know that your degree of fault is open to interpretation, what tactics insurance companies use to reduce or deny liability, and what it will take to ensure you get fair and full compensation. If an insurance adjuster is pressuring you to accept their first offer or you have questions about how to properly handle an injury claim, do not agree to anything before speaking to a knowledgeable personal injury attorney.
For a free, no-obligation consultation, call 212-490-5700 today. We are available 24 hours a day, seven days a week.
“I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome of my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
“I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise, knowledge of the law, and more importantly – his ability…
I had the opportunity of having this amazing team of lawyers work on my case. When I first met with Jordan Hecht and Michael Kusz, I really liked their energy and the spunk that they had, it meant business and…
I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome to my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise and knowledge of the law and more importantly his ability…
I have worked with countless attorneys over the years and Jon Damashek stands out among them. I have seen first hand him advocate for his clients vigorously. He fights for the rights of the seriously injured, does not back down…
I know all three named partners at this firm and highly recommend them. They are very professional and tireless advocates for their clients. If you need a personal injury attorney, you cannot do better than Hecht, Kleeger & Damashek.
After meeting with Jon Damashek I knew immediately he was the right attorney for me. I had met with other attorneys in the past, but Jon’s experience, knowledge, and track record were most impressive. I highly recommend Jon Damashek and…
After meeting a half dozen lawyers at different firms, I decided to go to Hecht, Kleeger and Damashek. As soon as I met Jon Damashek, I knew I had to look no further. Mr. Damashek made me feel at ease…
I retained Hecht, Kleeger & Damashek for a serious personal injury case. They were very professional and managed to obtain a settlement for me that far exceeded my expectations. I would strongly recommend this firm for anyone’s legal needs.