Accidents occur every day in New York, and in many cases, they could have been prevented if not for the carelessness or wrongdoing of another person. Victims may have to struggle with physical, emotional, and financial challenges for months, if not years. If you or a loved one has been injured by someone else, you may be able to get reimbursement for your losses by filing a personal injury claim.
The top New York injury attorneys of Wingate, Russotti, Shapiro, Moses & Halperin, LLP, are dedicated to providing you with the legal representation you need in order to recover. We work tirelessly to ensure each client achieves the best possible outcome for his or her circumstances. Call us for a free case evaluation at (212) 986-7353.
New York Insurance Law § 5102 defines "serious injury" as a:
"personal injury which results in death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment."
An injury is generally considered “catastrophic” when a person's life is forever altered negatively due to the injury. Catastrophic injuries can affect a person's physical appearance, mobility, mental capacity, and overall ability to enjoy life. They usually require extensive surgery, hospitalization, long-term medical treatment, rehabilitation, and a long recovery. Some catastrophic injuries include:
- Birth injuries
- Chronic pain
- Head injuries
- Loss of sensation, such as vision, hearing, smell, etc.
- Nerve damage
- Neurological disorders
- Severe burn injuries
- Spinal cord injuries
- Traumatic brain injury (TBI)
The civil justice system allows accident victims to seek financial compensation for various expenses that were caused by another’s careless actions or wrongdoing. Common types of accidents involved in personal injury cases include:
- Car Accidents
- Bike Collisions
- Pedestrian Accidents
- Worksite Accidents
- Defective Products
- Subway Accidents
In most cases, the injured person or surviving family is awarded an amount of money by the person or company legally responsible for causing the accident.
If you have been seriously injured, call the NY personal injury lawyers at WRSH at (212) 986-7353 to find out if you are entitled to compensation.
The experienced team at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, has the knowledge and the resources to help you fight for the restitution you deserve. Oftentimes, people find themselves overwhelmed with the complex process of filing their claim, gathering evidence, and presenting it in court. With the help of a talented trial attorney, you will have guidance throughout every step in your journey toward receiving financial help to heal properly.
You’ll be going up against large, powerful insurance companies. They have likely fought and won numerous claims just like yours in the past. Without a legal professional with a proven track record, you will be at a serious disadvantage and almost certainly lose your case. Even if you don’t think you need a lawyer, whoever you are filing a lawsuit against will get one, and you deserve the same level of legal representation as the defendant in your civil suit. Your lawyer fights for you and acts on your behalf, which takes the burden of handling a lawsuit off your shoulders.
If you have been seriously injured, call the NY personal injury lawyers at WRSH at (347) 269-1715 to find out if you are entitled to compensation.
Unfortunately, the experience of suffering a severe personal injury doesn’t get any easier after you recover. Depending on the type of injury, it could take weeks, or even months before you feel back to normal. In many cases, it takes longer than that. If you’ve suffered a traumatic brain injury (TBI), paralysis, or some other debilitating condition, you might not ever be able to return to your previous lifestyle, let alone go back to work.
The cost of healthcare in this country is on the rise. Following an injury, a victim might be burdened with an expensive bill from his medical provider, and want to file an insurance claim. But before you can expect to get your money, there are several steps that must take place.
First, the lawyer will help to determine if your lawsuit is worth pursuing. WRSH will look at many pieces of potential evidence, including:
- The medical treatment you received due to the injury and its cost
- Your insurance coverage
- Any available police reports regarding the accident
- Witness reports
Once we have reviewed this information and listened to your account of the events that occurred, we will make a decision as to whether we can reasonably expect to get you money. Then, your lawyer can get to work on the initial paperwork. Once your complaint has been filed and your case is in motion, we gather police records, medical reports, witness statements, and any other piece of evidence that will support your position.
Your specific case will either be handled outside of court through a settlement, or it will go to trial. While it’s a faster process to agree to a settlement offer, it may result in a smaller payout than what you would receive if you won your case at trial. If you and your lawyer decide to try your case in front of a jury, there’s extra risk, and your lawyer will be responsible for presenting an argument strong enough for the jury to deliver a verdict in your favor.
After the jury has sided with you, it’s time for celebration. You just won your personal injury case and you’ll be receiving the financial compensation that you are rightfully owed.
Ultimately, the amount of money awarded to you depends on the extent of your current and future damages. Economic damages typically include medical expenses, lost wages, and lost property. Non-economic damages, on the other hand, are not so easy to determine. For example, it may be difficult to evaluate an adequate amount for a victim’s pain and suffering or loss of enjoyment of life – unless you’re a lawyer with decades of experience.
In a personal injury claim, time is of the essence. The term "statute of limitations," in civil law, indicates the time a person has after an accident to file a lawsuit. In New York, the statute of limitations for a personal injury claim is usually three years. Exact times depend on the type of claim, however. They can range from one year after the act for libel/slander to three years after the date of the collision for an automobile accident.
Choosing the right lawyer is a personal decision, but ultimately you need to pick someone that you feel comfortable with. No matter what type of accident you or a loved one has been involved in, please do not hesitate to contact the aggressive NY personal injury lawyers at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, to protect your future. Call (212) 986-7353 or contact us online for a free and comprehensive consultation.
- How to Retrieve Your Medical Records During a Claim
- Can Distracted Walking Threaten My Claim?
- How To Represent A Coma Patient In A Claim
- How to File a Personal Injury Claim as an Undocumented Immigrant
- Calculating Long-Term Damages in a Claim
NY Personal Injury Verdicts & Settlements
$18 Million - Construction Accident: Labor Law
$17.5 Million - Police Brutality: Police Shooting Victim
$16 Million - Medical Malpractice: 2 Brain Damage Cases
$11.1 Million - Construction Accident: Traumatic Brain Damage
$10.7 Million - Premises Liability: Injured in a Fall Down Flight of Stairs
$10.7 Million - Medical Malpractice: Delayed Treatment
$10.2 Million - Medical Malpractice: Infant Brain Damage
$10 Million - Birth Injury
$8.5 Million - Medical Malpractice: Stroke Victim
$8.2 Million - Construction Accident: Worker Paralyzed in Fall