If you have suffered physical or emotional injury as a result of another person or entity’s carelessness or negligence in New York, you may have a personal injury claim. It is crucial to be represented by a dedicated and experienced personal injury attorney to help you through the legal process. At Dervishi Law Group, P.C., we have years of experience in dealing with personal injury cases. Let our firm handle your case and guide you through the legal process. We understand how overwhelming it can be to deal with your recovery and the mounting medical costs incurred along the way. Let us focus on the legal procedures involved in your claim, while you focus on recovering your health and well-being. Our skilled personal injury lawyers will fight for your rights and help you get justice, compensation and peace of mind.
At Dervishi Law Group, P.C., we handle different types of personal injury cases. Some of them include:
Motor vehicle accidents: Motor vehicle accidents are the most common types of personal injury cases. These accidents can lead to property loss and serious or fatal injuries. Most motor vehicle accidents occur because of the negligence of motor vehicle operators. Victims have a right to sue the responsible parties for compensation.
Construction accidents: Construction sites typically have dangerous equipment, poisonous chemicals and gases, high voltage electricity and uneven work surfaces. Accidents are common at construction sites. Victims injured in construction accidents are eligible for workers’ compensation.
Medical malpractice: Medical malpractice occurs when medical professionals, facilities or hospitals fail to provide adequate treatment to patients, resulting in personal injury or wrongful death. Doctors, nurses, medical technicians, psychiatrists, dentists, hospitals, clinics and other health care providers may be held accountable.
Product liability: Product liability claims may be made when defects in certain products cause injuries or death. Defective products may include medications, machines, tools, equipment and toys.
Car accidents: Many personal injuries are a result of car accidents. Distracted driving, drunk driving, dangerous road conditions and speeding are some of the most common causes of car accidents. Car accident victims can have significant medical costs as well as emotional trauma.
Truck accidents: Truck accidents are usually very serious. Because of the heavy weight of trucks, passengers of other vehicles involved in truck accidents may have life-threatening or fatal injuries.
Spinal cord injuries: Spinal cord injuries are serious injuries to the spinal column that may result in a loss of mobility or feeling. They are frequently caused by trauma resulting from a vehicular accident, surgical error, construction site mishap, playground accident, accidental fall, chemical exposure, defective product or machinery failure.
Workers’ compensation: Most injured workers do not know, nor would their employers voluntarily divulge this information to them, that the Workers’ Compensation Board is not the only place an injured worker can turn to for compensation after a debilitating injury.
Our experienced injury lawyers understand the complexities involved in personal injury cases, as well as the importance of presenting adequate supporting evidence. We will work with you to compile the necessary documentation. We will consult with medical experts, whenever necessary, so that we can effectively represent your personal injury claim. We are dedicated to getting our clients the best recovery possible.
Unfortunately, accidents happen every day. However, as any construction accident attorney in New York will tell you, they don’t all count as personal injury cases. Successful personal injury cases must meet precise legal definitions, have strong evidence, and follow strict deadlines.
To qualify for a personal injury claim, you must show that your injury was someone else’s fault. A personal injury lawyer in New York will help you prove the following four elements:
You may think you know who was at fault for your accident. For example, if a speeding truck crashes into you at a stop light, the driver is one obvious liable party. However, the trucking company may be responsible if the brakes failed from a lack of maintenance.
If you suffered an injury in a truck collision, a personal injury lawyer in New York would look at the following parties for potential liability:
Similarly, if you consult a New York construction accident attorney, they will explore the following possibilities for liability:
Not all personal injury cases are clear-cut. You may have been doing something wrong when the accident occurred. Thankfully, New York uses the pure comparative fault system for victims. This means you can still claim compensation as long as you are not entirely to blame for your injuries.
For example, imagine a judge awards you $250,000 in your case. However, the court decides you are 75% responsible for the accident. In that case, your compensation would drop in proportion to your degree of fault, qualifying you to receive $62,500.
New York is one of only about a dozen US states that use the more forgiving pure comparative negligence system. The majority of states follow modified comparative negligence laws, which prevent you from claiming compensation if you are equally or more at fault than the other party.
If you believe you were partially to blame for a construction accident, for example, tell your construction accident lawyer in New York. You may still qualify for compensation, but your attorney needs all the facts to represent you fairly.
As a no-fault insurance state, New York limits your options for claiming compensation after a car accident. Injured parties must first file insurance claims through their own provider for medical bills, property damage, and other expenses.
You can only file a liability claim or personal injury lawsuit if you suffered a “serious injury.” Serious injuries in New York include the following (among others):
Even if you have proof that someone else’s negligence contributed to your accident, it means nothing if you don’t act quickly. The deadline for filing your personal injury claim is known as the statute of limitations.
In New York, the statute of limitations for personal injury cases is three years from the date of your accident. If you miss this deadline, you will likely forever lose your right to file for compensation. There are some very limited exceptions, which a personal injury lawyer in New York can discuss with you.
When filing a personal injury case, you are seeking monetary compensation for your losses. The legal system calls these “damages.” Personal injury damages fall into three broad categories:
Economic damages compensate you for the direct financial losses related to the accident. These can include the following:
Non-economic damages compensate you for the less tangible consequences of an accident. These include the following:
Economic and non-economic damages are designed to compensate accident victims. Punitive damages, by contrast, are designed to punish the defendant. Uncommon in personal injury claims, courts typically reserve punitive damages for instances of particularly egregious negligence or intentional misconduct.
Many states limit the compensation you can receive from a personal injury lawsuit. However, New York does not place damage caps on injury lawsuits. If you have questions about the types and amount of compensation you can expect, include them in your list of questions to ask a personal injury lawyer.
The value of your personal injury case depends on several factors, including how severe your injury was and how much it impacted your life. According to a 2017 survey, the average personal injury payout was $52,900. However, more than half of respondents received between $3,000 and $25,000.
The overwhelming majority of personal injury cases do not go to trial. While the answer depends on your circumstances, U.S. Department of Justice statistics indicate that only 3% of personal injury cases end in a trial verdict.
How long it takes to settle a personal injury case in New York varies by case. However, you can typically expect your case to last at least a few months. Simple cases with cooperative parties will be resolved more quickly than cases with extensive injuries and substantial disputes.
The statute of limitations on construction accidents in NY is three years. However, if you are suing a government agency, you only have one year and 90 days from the date of your accident. Contact a New York construction accident lawyer if you have questions about the statute of limitations in your case.
Address 1:
2322 Arthur Ave., Suite 3A
Bronx, New York 10458
Address 2:
18 East 41st. Street, 6th Floor
New York, NY. 10017
Office: (718) 484-4757
Cell: (917) 496-8342
Fax: (718) 484-4758
At Dervishi Law Group, P.C., we specialize in personal injury cases. You can depend on our knowledge and skill when it comes to representing you in a personal injury claim. If you would like to consult with us about your accident and injury claim free of charge, contact us at 718) 484-4757 or (917) 496-8342 or email us at fdervishi@dervishilaw.com . We’re waiting for your call.
