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 did.
You don’t deserve this.
We understand that your priority is recovering from your injuries, therefore we encourage you to depend on our highly experienced, top-rated lawyers to help you secure the recovery process you deserve. The attorneys at Hamilton Clarke, LLP will fight for the highest and fairest outcome for your case. We can handle every stage of the process, including negotiating with insurance companies to secure a favorable resolution.
What Is Considered a Personal Injury Case?
Personal injury cases arise when one person suffers harm from an accident or injury, and someone is legally responsible for that harm.
Cases We Handle
Injuries can occur at any place and time. Thus, our New York City personal injury lawyers are equipped with the resources and strategies needed to help you with your particular case, 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
- Assault and battery
- 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 recover in your case:
- Duty of care: The defendant had a legal obligation to treat you with care and in some cases 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 caused your injury, whether it was bodily harm or harm to your property.
- Damages: You must prove that you suffered bodily harm or harm to your property to receive compensation, known as “damages,” from the responsible party. Damages can include 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
Damages that You May Be Able to Recover in a Personal Injury Case
- Pain & suffering
- Medical expenses
- Loss of earning
- Loss of the enjoyment of life
- Loss of consortium
- Punitive damages
What is the Statute of Limitations in NY for Personal Injury?
It is of the utmost importance to file your personal injury claim within the statute of limitations. Depending on the injury, the statute of limitations for personal injury claims in NYC is as short as one year, but in some circumstances, you may need to file a notice of claim within 90 days of your injury. 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.”