New York Personal Injury

New York Personal Injury Attorney

You never know when a devastating accident can turn your life upside down. Suddenly, you could have severe injuries and be out of work for weeks, months, or permanently. In the aftermath of the accident, you may be able to file a personal injury claim against the liable party to maximize your compensation. Whether you were hurt in a motor vehicle accident, slip and fall, or because of a doctor’s negligence, a personal injury lawsuit may help get your life back on track in New York City or in the surrounding area.

An experienced NY personal injury lawyer at Gray Injury Law may help you obtain the financial justice you deserve in a personal injury claim. We have many outstanding testimonials from satisfied clients about our results, so call today for a free legal consultation with our personal injury firm legal team.

Gavel and personal injury textbook

New York Personal Injury Law

After an accident in New York, it is essential to understand the state’s various personal injury laws. First, the statute of limitations for most personal injury claims is three years from the date of the incident. However, there are exceptions. Medical malpractice and wrongful death cases have shorter deadlines. Waiting to speak to your personal injury attorney could result in losing the right to compensation.

The next New York personal injury law to be known is comparative negligence. If you are partially responsible for the accident that injured you, you still could receive compensation in a claim or lawsuit. New York is a pure comparative fault state. This means you could be 99% at fault for the accident and still receive compensation for your damages. If you were, for example, 60% at fault for a car accident, you still may be able to receive 40% of your damages. Insurance companies in New York frequently use the comparative fault rule to reduce what they pay in claims. It’s critical to hire experienced personal injury lawyers who will fight for you to be found less liable for the accident.

Third, New York is a no-fault car accident state. This means you will usually use your personal injury protection insurance (PIP) to cover damages caused by your accident. However, in limited cases with serious injuries, you could step outside the no-fault framework and file a lawsuit against the liable driver. New York Law 5102(d) states that some serious injuries you could sue over are fractures, dismemberment, loss of a fetus, significant disfigurement, death, and permanent loss of a body organ, system, or function. Your attorney will play a pivotal role in effectively arguing for your right to file suit.

Fourth, New York law says that only a person’s surviving spouse, parents, and children can file a wrongful death lawsuit. The personal representative for the deceased’s estate may also file the claim.

Common Personal Injury Claims In New York, NY

People are seriously injured in many kinds of accidents every day in New York state that could warrant compensation in personal injury lawsuits or wrongful death claims:

New York Car Accident Personal Injury

New York NY Car Accidents

Auto accidents are the top cause of death for Americans between ages 1 and 54. The National Highway Traffic Safety Administration (NHTSA) states that New York state had 865 auto accident deaths in 2022 alone. The most common causes of auto accidents leading to personal injury claims are:

  • Speeding
  • Running red lights and stop signs through intersections
  • Lane change incidents
  • Reckless driving
  • Hit-and-run crashes
  • Drunk and drugged driving

The legal process for your car accident claim or lawsuit could be more straightforward if the at-fault driver was ticketed for a traffic violation.

Tractor-Trailer Accidents

Accidents involving commercial trucks are less frequent in New York than auto crashes. However, truck accidents can be catastrophic because of the vehicles’ massive size and weight. When a truck hits a passenger vehicle, the car may be destroyed, and the occupants severely injured or killed. Truck accidents are more complex and fault can be harder to prove. However, Gray Injury Law truck crash attorneys will exhaustively investigate the case and determine who is liable. Potentially liable truck accident parties are:

  • The trucker
  • The carrier
  • The cargo owner
  • The cargo loader
  • The maintenance crew or company that repaired the rig
  • The parts or truck manufacturer
Man sustains injury after falling on stairs

Fall Accidents

Tens of thousands of Americans die annually from falls, a frequent premises liability case. In New York, falls are the top cause of hospitalized children between 0-14 and adults aged 25 and up. Falls are also a leading cause of injury and death for people 45 and up. Many of these accidents are caused due to negligence by a person, company, or other entity. Broken steps, uneven sidewalks, wet floors, snowy sidewalks, poor lighting, and non-existent handrails can cause premises liability claims such as falls.

Workplace Accidents

All New York employers have a duty to maintain a safe workplace. But accidents happen far too often across the state. There were approximately 121,000 job-related accidents in the state in 2021. Usually, your company’s workers’ compensation insurance should cover your medical bills and partial wages. While you can’t file a personal injury claim against your employer, in limited cases, you may be allowed to file a personal injury lawsuit against a third party. This could be, for example, the manufacturer of the equipment that injured you.

Your personal injury attorney at Gray Injury Law in New York, NY, will determine if your best legal option is to file workers compensation or a lawsuit. Remember, workers comp only will pay for your medical bills and lost earnings. It does not cover physical and emotional pain. A personal injury lawsuit may only compensate you for pain and suffering.

Medical Malpractice Claim

It is estimated by the Yale School of Medicine that there are approximately 22,000 preventable deaths in US hospitals annually. Unfortunately, medical malpractice is a common cause of severe injury and death in New York, as well. Frequently medical malpractice issues that occur in New York and nationwide are:

  • Improper diagnosis
  • Incorrect diagnosis
  • Incorrect medication
  • Birth errors
  • Failure to recognize symptoms
  • Misinterpreted test results
  • Premature hospital discharge

Medical malpractice claims are challenging to prove, but Gray Injury Law has experience in proving these types of personal injury cases.

Dog biting mans arm

Dog Attacks And Bites

About 4 million people are bitten by dogs annually, and at least 800,000 require ER or doctor treatment. The laws of New York state that all dog bite incidents are caused by owner negligence. This is true even if the owner can show they attempted to control the animal but failed. This is a strict liability standard, so you can seek compensation for your injuries from the owner of the dog bite, whether the owner knew the dog was aggressive or not.

How Can A New York Personal Injury Lawyer Help?

Personal injury lawyers offer injured victims with legal representation to safeguard their rights and help them obtain compensation for their injuries and related losses. When you retain a personal injury lawyer after your accident, you can expect them to:

Investigate The Accident And Collect Evidence

A detailed investigation may be needed to determine what caused the accident and who may be responsible. Even in a New York car accident, where a police officer responded and issued a police report, an investigation may be needed to collect evidence and liability.

Assess Injuries

Most injury victims aren’t attorneys or medical professionals and may not understand what their injuries are worth. Don’t worry; this is something your personal injury lawyer specializes in. Your lawyer may work with doctors, economists, and other experts to quantify and calculate your economic and non-economic damages. Victims of New York accidents caused by wrongful action or negligence are frequently entitled to several types of damages:

  • Medical costs: If the accident caused you to require medical treatment, you may be eligible for all out-of-pocket expenses, such as ambulance rides, hospital stays, surgeries, doctor visits, and physical therapy. With severe injuries requiring ongoing medical care, your attorney will work with your medical team to understand your prognosis and future medical requirements.
  • Past and future lost earnings: If you cannot work after the personal injury or have limits in your work, you could receive compensation to cover past and future wages. If you are partially or fully disabled, you could be eligible for loss of earning capacity. At this point, your personal injury lawyer may retain an economist and vocational expert to understand how much future income may be lost.
  • Property damage: If your vehicle was damaged in an accident, you may be entitled to repairs or replacement.
  • Pain and suffering: In a personal injury claim, you could receive compensation for pain and suffering during and after the incident. You could also receive compensation if you have pain and suffering from treatments.
  • Loss of guidance and financial support: If the accident caused the death of a loved one, it is a wrongful death claim. You could be entitled to money for the loss of your loved one’s care, guidance, and financial support.

Speak To Insurance Companies

The at-fault party’s insurance company may contact you after an accident, such as a car crash. The insurance adjuster probably wants a statement from you about what happened. Many injury victims make the mistake of speaking with the other party’s insurance company. You shouldn’t. Insurance companies want to pay as little as possible and will look for anything to question or deny the claim. The better path is to allow your personal injury attorney to handle all insurance company communications.

Negotiate A Settlement Or Go To Trial

A New York personal injury lawyer will fight to ensure you get as much compensation for your damages as possible. Insurance companies are notorious for offering pittances to serious injury victims, especially in the initial settlement offer. An injury victim without an attorney may not know what their case is worth and could settle for a fraction of what they should.

Your attorney knows your case’s value and what a fair settlement is. Research shows that when an attorney represents plaintiffs, they receive up to 300% more compensation than they would. If the insurance company offers a fair amount, your lawyer may advise settling. If the insurance company is stingy, an experienced personal injury lawyer will be comfortable going to court and convincing a jury.

How Much Will Your Personal Injury Settlement Be?

Every personal injury case in New York is different from others. It is impossible to say what the average personal injury settlement is. However, your NYC personal injury lawyers at Gray Injury Law will negotiate for the most money possible. Generally, the size of a personal injury settlement depends on these factors:

  • The type of accident: Certain types of accidents cause more severe, painful injuries than others. For example, if a commercial truck T-bones you in Manhattan and breaks several bones in your arms and legs, this is a severe accident with more medical bills and damages. The settlement value could be higher than for a slip-and-fall accident where you break your wrist.
  • The severity of the injuries: People with more severe injuries may require extended medical treatments, surgeries, and hospital stays. Someone with severe head injury due to a fall from height will have higher medical expenses than a typical dog bite victim.
  • Your degree of pain and suffering: Pain and suffering compensation is subjective. However, the more painful the injury, the more you could receive in non-economic damages. Severe burns from a truck accident will cause excruciating pain and suffering, while a sprained back is less painful.
  • Strength of your case: If liability is clear, such as in a typical rear-end crash, the case could be worth more. On the other hand, if the defendant’s liability is uncertain, the settlement value could be lower.

Contact Our New York Personal Injury Attorneys Now

Were you injured in a New York accident? Whether it was a premises liability claim, construction site accident, or auto accident, if you can prove that another party caused your injuries, our personal injury lawyers at Gray Injury Law in New York City may help you obtain compensation. Our skilled New York personal injury lawyer will pinpoint who was liable for the accident, cover your costs along the way, and only charge legal fees if we win.

We have secured over $100 million in personal injury case compensation for our clients. Please call our personal injury attorneys today at (212) 537-7000 for a free consultation. Our satisfied clients say we are the best personal injury lawyers who get results, so contact us today.