Personal injury laws can be complex, and you should not try to tackle them alone if you have been injured by another person’s negligence. However, it will benefit you to have a basic understanding of New York personal injury laws and legal procedure as you go through the process.
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Personal Injury Laws
What Is Personal Injury?
Personal injury is a legal term that describes a physical or emotional injury. A personal injury lawsuit seeks to hold another person, company, or entity responsible for your injury. Personal injury doesn’t include property damage. However, many lawsuits also demand compensation for property damage arising from the same incident that caused you harm.
What You Should Know About Personal Injury Claims in New York
You don’t need to learn all the laws related to personal injury claims. The area of law governing personal injury claims is known as tort law. We’re here to explain which laws are relevant and how they impact your case.
There are many personal injury laws in any jurisdiction, which is an area that has its own court system. New York has many statutes that apply to personal injury claims. They can be found in New York’s Consolidated Laws. The state also has case law that is relevant to personal injury cases. Case laws are laws that come from judicial opinions in lawsuits.
Negligence in New York Personal Injury Cases
Negligence is a major concept in the law. Negligence basically means someone was careless and caused another person harm. It does not mean someone intentionally hurt another person.
Personal injury claims are typically based on the allegation that the other person was negligent. To be negligent means a person failed to uphold their duty to act as a reasonable and prudent person. Their failure to act carefully then caused an accident, which resulted in another person getting hurt. In some cases, you might claim the other person was grossly negligent, which is more significant bad behavior. Gross negligence is like recklessness.
Duty
Negligence is a failure to uphold a duty of care. Most people, in most circumstances, are required to maintain the duty of ordinary care. They have to act like reasonably prudent people would under the same or similar circumstances. In other words, they have to be careful and avoid hurting someone. When someone is negligent, it means they failed to uphold this duty. It doesn’t mean they tried to hurt someone or acted maliciously.
Causation
Another important element of negligence is causation. To hold someone responsible for your personal injury based on negligence, you have to prove a proximate cause. You must prove that were it not for the accident, you would not have been hurt. You also have to prove that your injuries were a foreseeable risk of the other person’s negligent behavior. Causation can get tricky in a personal injury suit if multiple other people might be to blame for your injuries.
Liability in New York Personal Injury Cases
Liability is the legal concept of responsibility for paying for another person’s injuries, which are also known as damages.
You shouldn’t confuse fault and liability. The person who is at fault for your injuries is the person whose negligence caused the accident. The at-fault person might be liable too. But other parties also might be liable, even if they did not directly cause the accident. In many personal injury cases, the negligent person is not the party who ends up paying for damages. We thoroughly investigate personal injury claims and look for any liable parties.
Parties in New York Personal Injury Cases
There are two types of parties in personal injury lawsuits: plaintiffs and defendants.
Plaintiffs
Plaintiffs are the injured parties and their loved ones. They try to hold the defendants liable for their damages. They are responsible for proving the defendants are responsible. In other words, they have the burden of proof. There can be one or many plaintiffs. When there are dozens, hundreds, or thousands of plaintiffs, it might be a class action or mass tort claim. During a class action, all of the plaintiffs are certified as a class and represented in one lawsuit. But in a mass tort, each plaintiff brings their own lawsuit, though they often share knowledge and resources.
Defendants
The defendants are the people who allegedly caused the plaintiffs’ harm. There can be one or many defendants. Defendants can put up a defense on their own or with the help of lawyers. They are not required to prove they did not cause the accident. However, defendants benefit from providing evidence that supports their lack of liability and creates doubt.
New York Personal Injury Claims & Lawsuit Process
We are here to guide you through the personal injury claim and litigation process in New York, including:
The Pre-Litigation Claims Process
- Retaining a Lawyer
- Gathering Evidence
- Calculating the Value of the Case
- Sending a Demand Letter
- Communicating with the Insurer
The Lawsuit Process
- Filing the Personal Injury Complaint
- Serving the Defendants
- Receiving the Defendant’s Response
- Utilizing Discovery
- Retaining Expert Opinions
- Going Through Mediation
- Attempting to Reach a Settlement
- Resolving the Case or Going to Trial
- Receiving the Verdict
- Filing an Appeal
Proving a Personal Injury Claim
When you file a personal injury lawsuit, you have to prove the defendant is liable. You have to present enough facts to convince the jury.
In personal injury cases, the burden of proof (the standard you have to meet) is “by a preponderance of the evidence.” This means you have to present enough evidence that the jury believes it is more likely than not that the defendant is responsible. Proving a personal injury claim requires gathering a great deal of evidence that you can show the jury. This can include photos, videos, audio recordings, police reports, medical records, business records, diagrams, re-enactments, witness testimony, and expert witness testimony.
How Is an Injury Claim Valued?
After an accident, most people wonder “what is my NYC personal injury claim worth?” Many factors influence the value of a case, including the severity of your injuries, the amount of medical treatment you need, how long you are out of work, and whether you suffered a disability that has left you unable to work. We take everything into account when we calculate the value of your case.
Economic Damages (Special Damages)
Your lawyer will begin to calculate the value of your claim by adding up your accident and injury-related expenses, including medical bills, transportation to medical care, at-home care, medical supplies and equipment, prescriptions, and lost income. We also will calculate your likely future medical expenses and wage loss.
Non-Economic Damages (General Damages)
In many personal injury cases, you also can demand compensation for your physical and emotional injuries. We have years of experience placing value of non-economic injuries, like disfigurement or physical limitation, pain and suffering, and mental anguish.
Punitive Damages (Exemplary Damages)
Separate from economic and non-economic, which are known as compensatory damages, are punitive damages. These are meant to punish the wrongdoer, not compensate you for a physical, emotional, or financial injury. Punitive damages are not given in most negligence-based cases. You must prove gross negligence, wanton recklessness, malice, or other egregious behavior to win punitive damages.
Common Defenses to Injury Claims
When you file a personal injury claim, expect the defendant to fight back. The defendant doesn’t want to be held responsible for your damages. Their insurance company doesn’t want to pay out on the claim. You need to work with an experienced New York personal injury to provide a strong argument and overcome the defenses.
Comparative Negligence
The defendant might claim that you or another party was also negligent. They might argue that someone else was mostly negligent. This argument can be very effective in reducing the defendant’s liability based on New York’s pure comparative negligence law. Under this rule, each party involved is assigned a percentage of fault. For example, the jury might decide the defendant was 80% responsible, and you were 20% at fault. The defendant is then only responsible for 80% of the damages. Your compensation is reduced by 20%.
Superseding Cause
The defendant might argue that another person’s conduct was more significant than their own and is the real cause of your injuries. When you prove cause in a negligence claim, you are saying that there is a straight line from Event A to Event B. For example, there is a straight line from a driver running a red light to you being hurt in the resulting intersection collision. But when multiple people are involved, there might be intervening causes. An intervening cause doesn’t always break the chain of events, but it could be such a significant event that it becomes the primary cause of your injuries.
Insurance Issues in Personal Injury Cases
Most personal injury claims settle without going to trial. But many insurance issues can get in the way between you and a fair settlement. Working with a seasoned lawyer can help you overcome these issues and resolve your claim in your favor.
Common insurance issues we deal with include:
- Negligent party lacks insurance coverage.
- Navigating between primary and secondary insurance coverage.
- Insurance company denies its policyholder is liable.
- Insurance company acts in bad faith or unlawfully.
- Insurance company refuses to negotiate a settlement in good faith.
- Insurance policy limit is less than the value of your claim.
The New York Statute of Limitations
Every jurisdiction places a time limit on how long you have to file civil lawsuits. According to New York law, you have three years from the date of the accident to file a personal injury lawsuit. The amount of time differs for other types of lawsuits, such as medical malpractice.
Statutes of limitations seem straightforward. But calculating your deadline to file can be complicated. You should talk with an experienced personal injury attorney about how long you have to file. Certain issues can delay the start of the clock. Other issues can pause the clock, giving you more time to file. Another issue depends on the liable party. If your claim is against a local or state government agency, then you have a lot less time to file your claim. In addition, when filing a lawsuit against a municipality, plaintiffs are required to first file a Notice of Claim shortly after the accident.
We Are Knowledgeable in Many Areas of Personal Injury Law
Personal injury cases include an array of different practice areas, including:
- Car Accidents
- Bicycle Accidents
- Bus Accidents
- Truck Accidents
- Pedestrian Accidents
- Train Accidents
- Motor Vehicle Accidents
- Construction Accidents
- Workers’ Compensation
- Premises Liability
- Dog Bites
- Defective Products
- Medical Malpractice
- Wrongful Death
Our law office can handle any serious injury case, and we will guide you to obtain the best possible outcome. You should not suffer as an injured person due to no-fault of your own.
Talk with us About Personal Injury Law Today
We are here to explain personal injury law to you and how to move forward with your claim. You do not have to navigate the complexities of New York tort law yourself. Please do not hesitate to reach out for a free consultation with the personal injury lawyers at Hecht, Kleeger & Damashek, P.C. through our online form or by calling (212) 490-5700 with your questions about personal injury laws.
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09/09/2021
When I spoke to Mr.Noah Reiss he gave me valuable legal advice. Connected the dots who and why. He is a great asset to this firm. Will call him again as a friend. Thank you so much.
5
Harendra Gautam, HKD CLIENT
08/11/2021
Ross Raggio, did an amazing job on my case. The office staff was responsive and very helpful to my questions and concerns. I had a very good experience. I highly recommend this firm.
5
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06/22/2021
I had a great lawyer with a great Paralegal that made everything easy to understand.
5
Deniece Buffaloe, HKD CLIENT
04/01/2021
I am extremely satisfied and pleased most of all grateful for the services of Jonathan and his team! It is such a relief to have a strong team supporting you through a process that’s stressful. Thank you again for everything.
5
thabossladi87, HKD CLIENT
03/01/2021
Hetch,Kleeger & Damashek, P.C., is the law office I highly recommend. My attorney Judd Kleeger, accomplished to represent me, support my needs & secure my future after suffering a traumatic accident. Other lawyers couldn’t guarantee this to me but Judd…
5
Stephanie Campos, HKD CLIENT
02/25/2021
I can say without hesitation that if you are injured due to someone else’s fault, that no one will fight harder and more passionately for you than Jordan Hecht and Judd Kleeger. I have worked side by side with them…
5
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02/23/2021
I highly recommend the law firm of Hecht, Kleeger & Damashek – as well as my attorney, Jordan Hecht. Jordan was able to answer all of my questions and put me at ease. He was always responsive and patient. He…
5
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02/23/2021
I have referred numerous cases to Judd Kleeger and the team at HKD. I feel very confident when i refer a client that they will be treated with the highest regard. Each of my referrals has had very positive experiences…
5
Jason Bauer, HKD CLIENT
01/29/2021
I was always able to reach my attorney Judd Kleeger with any concern I had about my case. He responded timely and with the utmost courtesy to my sometimes desperate phone calls and email. He knew exactly what to do…
5
VIRGINIA BOOTHE GORDON, HKD CLIENT
01/19/2021
The attorneys at Hecht, Kleeger & Damashek are smart, professional, responsive and dedicated to achieving the best results for their clients. Most importantly, they are trustworthy and genuinely good people who you can depend upon.
5
Richard Leff, HKD CLIENT
01/18/2021
Judd Kleeger and his team are extremely competent, super professional and have achieved consistently better results than I or my clients had anticipated. He is my “go to” PI team. This was my experience over a decade and not just…
5
Larry Schatz, HKD CLIENT
01/15/2021
I have known Judd Kleeger for over a decade now. By far the smartest hardest working attorney I have ever dealt with. His advice has been spot on time and time again. Highly recommend him.
5
Michael nessim, HKD CLIENT
01/15/2021
I retained Judd Kleeger for a personal injury case. I would, without hesitation, recommend Judd, and his firm, for anyone who finds themselves in a situation that demands a tenacious advocate who will not stop fighting until he gets results.
5
Lisa Dawn Angerame, HKD CLIENT
01/15/2021
I can’t recommend Judd Kleeger enough. He is without a doubt the most professional lawyer I’ve encountered. Judd Kleeger is diligent and quick in his responses, always making sure his clients are in the right hands. I’ve never had to…
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Emily Halperin, HKD CLIENT
01/14/2021
Judd Kleeger is an exceptional attorney who makes sure to get the best possible outcome for his client. He is always available, and is knowledgeable, prepared and dedicated to his clients. He is not afraid to go to trial and…
5
Didi Hutt, HKD CLIENT
01/14/2021
Mr. Judd Kleeger and his team at Hecht, Kleeger & Damashek are great! They always provide very thoughtful and caring advice. Mr. Kleeger is extremely professional and very easy to work with.
5
Alan Levine, HKD CLIENT
01/06/2021
We quickly had to get legal counsel and we contacted Jordan Hecht. The rapport and guidance was outstanding at all times, prompt, timely and open for calls and updates. I can’t thank Jordan enough for his care, work and expertise….
5
Luljeta Chisolm, HKD CLIENT
12/29/2020
Had a great experience with attorney Ross Raggio. He was professional and attentive every step of the way – would highly recommend.
5
Carter Martin, HKD CLIENT
12/28/2020
Mr. Ross Raggio and his team at Hecht, Kleeger & Damashek, P.C., provided excellent legal services. His team and him were absolutely great, always returning calls or emails when we had questions about the case. Always very cordial, caring and…
5
Marisol Pitre, HKD CLIENT
12/11/2020
My wife and i are very grateful to Mr. Jordan Hecht for his sincere compassion and legal assistance during one of the most challenging time in our lives. He was extremely professional and answered all of our concerns. Mr. Hecht…
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12/10/2020
Very professional and very responsive. I would highly recommend this firm to anyone in need of an attorney. The attorney Ross Raggio, who was personally assigned to my case consistently followed through and was able to bring the case to…
5
Rene David Alkalay, HKD CLIENT
12/08/2020
Mr. Ross Raggio went above and beyond to settle my case during the height of the pandemic, a time when my options appeared limited and the likelihood of a satisfactory resolution seemed slim. He was responsive and professional, and was…
5
Kjanecaron, HKD CLIENT
12/07/2020
I was a sole practitioner specializing in personal injury law in NYC for more than 36 years. When I decided to retire, I had to make several critical decisions before terminating my practice. To whom should I refer my clients…
5
Martin Munitz, HKD CLIENT
12/07/2020
Ross was always available and working with my best interests, also very thorough with any questions I had along the case. Will recommend to others!
5
Dan Greenberg, HKD CLIENT
12/04/2020
Jordan Hecht of Hecht, Kleeger & Damashek is the best lawyer I’ve ever worked with. He is smart, tough, and very professional. I highly recommend the firm and could not have asked for a better outcome.
5
Ben S, HKD CLIENT
12/03/2020
The HKD law firm is highly professional, responsive and caring. They were willing to handle my case when other firms declined. Not only did we win our case, but received a huge settlement.
5
Linda Winikoff, HKD CLIENT
12/03/2020
My representation by Jordan Hecht and the whole staff at Hecht, Kleeger and Damashek was top notch professional and very productive
5
Peter Visconti, HKD CLIENT
12/02/2020
I have had the pleasure to work alongside Ross Raggio on several matters. He is an extremely talented attorney with an exceptional understanding of the law. I would recommend him and HK&D to anyone looking for a personal injury attorney.
5
Robert Dallas, HKD CLIENT
12/02/2020
I came to know the firm through my relationship with one of the partners, Jordan Hecht. Jordan and I became close friends in law school. I have since referred several cases to Jordan and his firm ranging from a mesothelioma…
5
Jeffrey Jagid, HKD CLIENT
12/02/2020
From the moment that I contacted this Law firm and got assigned Mr. Ross. They have been nothing but helpful, Especially Mr. Ross. In the time that Mr. Ross took my case, it took him 3 months to a get…
5
Kelvin Morel, HKD CLIENT
01/21/2020
I cannot speak highly enough about this firm. The situation that necessitated my need for legal representation was very stressful on me and my family and the lawyers here were with me every step of the way. I could always…
5
David Irwin, HKD CLIENT
07/05/2015
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.
5
Peter M., HKD CLIENT
07/05/2015
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…
5
Michael R., HKD CLIENT
07/05/2015
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…
5
Ryan G., HKD CLIENT
07/05/2015
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.
5
Eric G., HKD CLIENT
07/05/2015
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…
5
Wendy B., HKD CLIENT
07/05/2015
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…
5
Steven B., HKD CLIENT
07/05/2015
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…
5
Mike W., HKD CLIENT
06/05/2019
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…
5
Anonymous, HKD CLIENT
05/01/2015
“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…
5
Steven, HKD CLIENT
05/01/2015
“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…
5
Mike, HKD CLIENT