New York City Personal Injury Lawyers
Injured Through No Fault of Your Own? We Have Your Back.
One of the most terrifying and disorienting feelings is getting injured as a result of someone else’s wrongdoing. The damage it can do to your life extends beyond physical pain and suffering, as you could lose your ability to work and make an income, handle daily household tasks, take care of your children, and, ultimately, enjoy life as much as you once had.
You don’t deserve this.
Rather than letting another person get away with derailing your livelihood, fight for the highest and fairest settlement possible in your case with the help of our New York City personal injury attorneys at Hamilton Clarke, LLP. We understand that your priority is recovering from your injuries, therefore we encourage you to depend on our highly experienced, top-rated lawyers to advocate for the compensation you deserve. We can handle every stage of the process on your behalf, including negotiating with the insurance company to secure a favorable resolution in your case.
If you suffered an injury due to another person’s negligence, you may have a claim. To learn more about your legal options, schedule a consultation with us online or by calling (646) 603-0522!
Cases We Handle
Injuries can occur at any place and time and be caused by just about anybody. Thus, our New York City personal injury lawyers are equipped with the resources and strategies needed to help you overcome your situation, no matter what you’re up against. Personal injury claims we handle include but are not limited to:
- Auto accidents
- Motorcycle accidents
- Boating accidents
- Construction accidents
- Defamation, libel, and slander
- Emotional distress
- Commercial driving accidents
- Slip and fall
- Dog bites
- Medical malpractice
- Product liability
- Wrongful death
- Workplace accidents
How to Prove Negligence in a Personal Injury Claim
To successfully resolve your personal injury claim, you must prove that the defendant caused your injury. As such, you, the plaintiff, must prove the following four elements of negligence to maximize the chances of your case:
- Duty of care: The defendant was obligated by law to treat you with care and protect you from harm.
- Breach of duty: The defendant breached their duty by acting or failing to act a certain way.
- Causation: The defendant’s breach of their duty by acting or failing to act a certain way caused your injury, whether it was bodily harm or harm to your property.
- Damages: This element involves compensating the victim for their injuries. The victim must prove that they suffered bodily harm or harm to their property to receive compensation, known as “damages,” from the responsible party. Damages can cover lost wages, medical bills, pain and suffering, loss of consortium, property damage, and more.
What to Do After Suffering an Injury
Many times, victims are caught off-guard upon getting injured. They may feel confused, hurt, and overwhelmed by their situation, which may inhibit them from being mindful of how to handle their incident. This is understandable, however, failing to follow certain steps may hurt the chances of recovering a high settlement.
That’s why our personal injury attorneys in New York City advise you to consider the information below to enhance your claim:
Get medical help: You should seek medical attention right away, regardless of if you feel injured or not. Oftentimes, underlying injuries such as internal bleeding and inflammation develop after an injury but go undetected without the proper medical screenings and treatments. With this in mind, you are advised to seek medical help immediately after you sustain your injury. Your medical bills, prescriptions, and referrals will also serve as evidence in your personal injury claim.
Call the police: File an accurate police report to strengthen your claim. Not only will it serve as evidence of your incident and injuries but also get the authorities involved. They may be able to serve as witnesses should your case go to trial. Remember, gather the names and badge numbers of any police officer who arrives at the scene.
Document the scene: Evidence of the accident scene is crucial to your personal injury claim in New York City. As such, you should write down the responsible party’s contact details, insurance information, and driver’s license information, in addition to the names and contact information of any witnesses at the scene. In addition, you should compile the following types of evidence to strengthen your case:
- Pictures and videos of the accident scene
- Pictures and videos of your injury
- Doctor’s notes, referrals, prescriptions, etc.
- Bills related to your injury (medical, bank statements, etc.)
- Police reports
What is the Statute of Limitations in NY for Personal Injury?
It is of the utmost importance to file your personal injury claim as soon as possible. Depending on the injury, the statute of limitations to file a claim in NYC ranges from 2 to 3 years, however, you may have less time than that. Ultimately, the longer you wait to file your claim, the higher your chances are of walking away empty-handed, leaving your injuries unaccounted for and the responsible party “off the hook.” Basically, if you fail to get to the courthouse before this three-year window closes, the New York court system will likely refuse to hear your case at any time in the future, and your right to compensation will be lost. New York has legislated a specific statute of limitations for lawsuits over injuries caused by medical malpractice. In certain personal injury cases where there is found to be shared fault, which means that you were also responsible for the personal injury. Examples of shared fault cases include you slipping wile you were on your phone/ being distracted and you trying to sue the business for the injury, but the judge finds out that you were also at fault for it and will be awarded less from the settlement. While courts in New York are obligated to follow this rule in an injury lawsuit that makes it to trial, it may be a different story if you're dealing with an insurance adjuster outside the court system. Don't be surprised if the adjuster raises the issue of New York’s comparative negligence rule during settlement talks, but you’re free to negotiate what the impact of that rule should be on your claim.
Wait no longer to learn how our New York City personal injury lawyers can help and contact us at (646) 603-0522 now! Your fight is our fight.