Understanding the legal framework and strategic approach is crucial for a successful personal injury claim. We apply our knowledge of New York law to build a strong case and advocate for your best interests.

• Statute of Limitations (C.P.L.R. § 214): In most personal injury cases, you have three years from the date of the accident to file a lawsuit. Missing this deadline can result in the complete dismissal of your case, regardless of its merits.
• Pure Comparative Negligence (C.P.L.R. § 1411): New York follows a pure comparative negligence rule, which means you can still recover damages even if you are partially at fault for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault, your total award will be reduced by 20%.
• Serious Injury Threshold (N.Y. Insurance Law § 5102): In motor vehicle accidents, you must meet a “serious injury” threshold to sue for pain and suffering. A serious injury is defined to include significant disfigurement, bone fractures, permanent limitation of a body part, or substantial disability for 90 days. We help you meet this threshold by meticulously documenting your injuries and treatment.

Personal injury damages are categorized into three main types, aimed at making the victim “whole” again:

• Economic Damages: These are tangible financial losses that can be calculated, such as:
  • Past and future medical expenses (hospital bills, rehabilitation, medication).
  • Lost wages and loss of future earning capacity.
  • Property damage.
• Non-Economic Damages: These are subjective, non-monetary losses that compensate for the impact on your life, including:
  • Pain and suffering.
  • Emotional distress and mental anguish.
  • Loss of enjoyment of life.
  • Scarring and disfigurement.
• Punitive Damages: In rare cases involving gross negligence, willful misconduct, or a complete disregard for others’ safety, the court may award punitive damages to punish the at-fault party and deter similar behavior in the future.

• Thorough Investigation: We begin every case with a detailed investigation, gathering all available evidence, including accident reports, medical records, witness statements, and, if necessary, expert testimony from accident reconstructionists or medical specialists.
• Negotiation with Insurers: Insurance companies are in the business of minimizing payouts. We handle all communications with insurance adjusters, protecting you from common tactics like lowball settlement offers and attempts to get you to admit fault. Our readiness to take a case to trial often results in more favorable settlement offers.
• Litigation and Trial Preparation: While many cases settle out of court, we prepare every case as if it is going to trial. This rigorous preparation demonstrates our commitment to your claim and gives us a significant advantage in negotiations. We are skilled in both unified and bifurcated trials and will advise you on the best course of action for your specific case.