New York Personal Injury Lawyer
In New York City, personal injury lawsuits are complex. Success is only possible through dedicated and knowledgeable legal representation. At Douglas & London, our team of personal injury attorneys has successfully represented clients from medical malpractice to car accidents and wrongful death. We have also handled birth injuries, dangerous drugs, defective medical devices, train accidents, and construction site injuries.
For more than two decades, our team of New York injury lawyers has been vigorously fighting for justice for clients impacted by the negligence of other parties, and we are proud to have recovered over $18 billion in settlements and awards for them. We will not hesitate to take large corporations to trial. Our track record of securing large verdicts and settlements helps us resolve cases in a relatively short time frame. Call today for a free consultation.
Why Do You Need a Personal Injury Lawyer?
There are significant risks if you do not retain skilled legal representation for a personal injury lawsuit. A single misstep could derail your claim–even when your case’s underlying facts are strong, e.g., the at-fault driver was intoxicated and failed a field sobriety test when they caused the accident.
One of the first pitfalls is the statute of limitations. This legal deadline is strictly applied in these cases, and waiting too long to file your lawsuit could result in a judge barring it from moving forward. The deadline for your case might not be obvious, and sometimes, you could have less time to file your claim than you initially assumed.
Further, it will also be challenging to negotiate a fair and reasonable settlement for your losses. It is worth noting that if you negotiate with an insurance adjuster, understand that they work for the defendant’s carrier. They have extensive experience, which will put you at a significant disadvantage. It can be challenging to put an offer from an insurance company into perspective. For example, you might not understand that it is well below what your case is worth.
Suppose your case doesn’t settle during negotiations and goes to trial. An attorney becomes invaluable—they handle everything, from arranging for expert witnesses to ensuring your evidence is admitted correctly, which is a complex process.
How Can an Injury Attorney Help Me After an Accident?
Dealing with the aftermath of an accident is stressful. This is especially true when you have sustained injuries due to the negligence of another party. Your lawyer will fight for your right to fair compensation for all your damages and losses, which could include medical expenses, lost wages, and pain and suffering.
An attorney will also determine the strength of your potential claim by carefully evaluating the cause of your injuries by looking at your medical records. They can also determine if negligence was to blame by investigating and analyzing the facts of your accident, including but not limited to examining the official accident report from law enforcement, eyewitness testimony, and testimony by expert witnesses like accident reconstructionists. In addition, they may use photos from the crash scene for vehicle damage and debris, video surveillance footage or dashcam footage, and traffic data from GPS and navigation services.
Next, your attorney handles settlement negotiations, which are common in these cases, but that does not mean the process is easy. As noted, insurance companies often make unreasonably low offers, but your attorney will understand the true value of your case. If it goes to trial, they can successfully navigate the rules of evidence and build a compelling case for negligence. In sum, our team will be your strongest advocate from the early days of the lawsuit until the closing moments of your trial or settlement negotiations.
Understanding Personal Injury Law in New York City
Civil law is highly nuanced and subject to frequent changes. Our team at Douglas & London is committed to staying informed to ensure we provide comprehensive, timely legal guidance. Consider the common elements in personal injury law:
The Statute of Limitations
In New York, you must file your claim within the state’s statute of limitations. Typically, this deadline is three years from the date of your injury, though it could be as short as six months if you’re suing a government entity or much longer if you were a minor at the time of your accident. It is best to consult a personal injury attorney to determine how the statute of limitations applies to your case.
What Are New York’s Pure Comparative Negligence Rules?
New York is a Pure Comparative Negligence Jurisdiction. If the injured victim (the plaintiff) is partially at fault for the accident, let’s say 10 percent, that amount will be deducted from the total compensation package. For example, a person slips and falls in the apartment complex’s parking lot after a snowstorm. Management is negligent because it is their responsibility to shovel and salt the parking lot because it is a common area.
However, you are deemed to be 10 percent at fault because you wore a pair of sneakers to get to your car. If you are awarded $100,000 in damages, 10 percent will be deducted.
No-Fault Insurance Rules for Car Accident Cases
New York is a no-fault car insurance state. If you are hurt in a car accident, you turn to your own insurance policy, which will cover the expenses of your medical bills and missed time at work—up to your policy limits–regardless of who caused the crash.
You can only step outside the confines of the no-fault system and file a personal injury lawsuit against the at-fault driver if your claim meets the “serious injury” threshold. This includes the following: serious disfigurement, bone fracture, permanent limitation of use of a body organ or member, significant limitation of use of a body function or system, or full disability for 90 days.
Types of Personal Injury Claims
We have a long history of successfully advocating for our clients in a variety of personal injury claims, including:
Defective Products
There are three different ways a product might be considered defective. The general design of the product may be flawed, or there may have been defects during the manufacturing process. Additionally, a product may lack sufficient instructions or warnings. These defects can make vehicles, children’s toys, and kitchen appliances dangerous even if used properly.
Motor Vehicle Accidents
Accidents involving cars, trucks, or other motor vehicles are typically the fault of one or more drivers. Driving while distracted or under the influence, or just reckless driving, can result in a serious accident. Injuries can include broken bones, organ perforations, scarring lacerations, traumatic brain injury, and spinal cord injury with paraplegia or quadriplegia, all-too-common consequences of motor vehicle accidents.
We have recovered substantial compensation for clients injured in a car accident, truck accident, or pedestrian accident. For a train accident, accountability may rest on the transit authority, driver, or maintenance personnel.
Medical Malpractice
Medical malpractice lawsuits involve injuries resulting from the negligence of a medical professional, such as a doctor, surgeon, or nurse. Medical malpractice claims may include surgical errors, such as operating on the wrong part of the body; medication errors, including giving the wrong medication or wrong dose; a birth injury resulting in lasting harm to a newborn; and general hospital errors, such as contracting an infection due to a contaminated environment.
Dangerous Drugs and Defective Medical Devices
Manufacturers of prescription drugs and medical devices have a duty to make products that are safe. Unfortunately, negligence does occur on the part of manufacturers and other parties. Dangerous drugs can have serious adverse effects. Defective medical devices can result in many injuries that usually require additional surgeries.
Construction Accidents
Construction sites are some of the most dangerous places to work, and many construction accident injuries result from the negligent actions of other parties and are entirely avoidable. If you were hurt while working a construction job, you may be entitled to compensation above and beyond worker’s comp. These types of accidents include crane collapse, machinery malfunction, falling debris, electrocution, and more.
Premises Liability
Premises liability claims involve injuries on another party’s property, usually due to the owner’s negligence in maintaining it. Premises liability claims can also include slip & fall accidents, which can occur in a business such as a grocery store, shopping mall, or on a homeowner’s property. These claims can also include dog bites and swimming pool accidents.
Trust that Douglas & London’s award-winning team of personal injury lawyers will leverage our considerable resources to build a strong case for compensation.
Possible Compensation for Personal Injury Claims
If you or a loved one has suffered an injury due to another party’s negligence or misconduct, our New York personal injury attorneys can help. We have helped injured clients collect millions in restitution, allowing them to rebuild their lives. You are entitled to compensation for your injuries, which requires skilled legal representation. We can help you collect restitution for the following:
- Economic Damages. These reflect actual expenses resulting from a personal injury. They include hospitalization, medication, rehabilitation therapy, property damage, and current and future lost income. These damages are easily verified with receipts, invoices, and pay stubs. It is worth noting that New York State Law has provided a limitation on reimbursement and subrogation claims from insurance companies in personal injury and wrongful death actions.
- Non-economic Damages. Non-economic damages are more subjective. Although they are not as easy to calculate, they are just as impactful as financial losses. They include pain and suffering, mental anguish and trauma, emotional distress, scarring and disfigurement, and a decreased quality of life.
- Punitive Damages. In New York, punitive damages are permissible in personal injury claims where the defendant’s act is morally reprehensible or grossly negligent. They are intended to punish the defendant and deter similar behavior in the future. They are most commonly awarded in product liability claims, medical malpractice cases, and motor vehicle accidents caused by drunk drivers.
The long-term physical and emotional complications of a personal injury are not always immediately apparent. Sometimes, waiting until the injured party reaches maximum medical improvement is advisable to assess their future prognosis and determine additional damages.
Why Work with NYC Personal Injury Attorneys at Douglas & London?
Douglas & London has a proven track record of multi-million-dollar personal injury settlements and verdicts. From $1.6 million for a stair collapse resulting in knee injuries to $20 million for a train accident that caused a young boy’s skull fracture, our results speak for themselves. Even if the negligent party has deep legal resources, we are not afraid to pursue justice to the fullest. We are proud to fight for the rights of injured victims who deserve fair and reasonable compensation for their damages and losses.
Call to schedule your free consultation today. From our offices in Manhattan, our personal injury attorneys proudly serve clients throughout the Metropolitan New York City area.
