Personal injury law is the legal process for recovering damages or losses following an accident. For example, if you were injured as a result of someone else’s negligence, you should file a personal injury claim to seek compensation. Dervish Law Firm’s personal injury attorney can assist you in evaluating your legal options and determining your eligibility for compensation.
Continue reading to find out more about personal injury law and why you should hire us as your Manhattan personal injury attorney.
What Type of Cases Do Our Manhattan Personal Injury Lawyers Handle?
Personal injury law is quite vast and covers a variety of cases. Some of the practice areas we handle in your law firm include the following:
Automobile accidents are among the most common types of accidents in New York. According to research, over 3000 motor vehicle accidents in a single month resulted in 258 injuries to motorists. A car accident can be caused by a variety of factors, including drowsy driving, failure to yield, speeding, aggressive driving, and drunk driving. We could assist you in filing a personal injury lawsuit if you were involved in an auto accident caused by someone else’s negligence.
Accidents involving commercial trucks are almost always fatal. This is due to the fact that trucks weigh 20 to 30 times more than the average passenger. As a result, they pose size-related risks such as longer stopping distances, wide turns that put drivers in adjacent lanes at risk, significant blind spots on all sides, and many more.
Accidents happen all the time on construction sites. Scaffolding accidents and heavy machinery entrapment can all result in fatal and disfiguring injuries on construction sites. Construction remains a hazardous industry for workers, with falls being one of the leading causes of injury.
Motor Vehicle Accidents
Accidents involving other motor vehicles, such as buses, bicycles, and others, can be extremely dangerous and result in numerous injuries. A motor vehicle accident usually involves more people on the scene, making determining fault difficult for your personal injury attorney. We can assist you in filing your case and obtaining the much-needed compensation.
Slip, Trip, and Fall Accidents
Slip and fall or trip and fall accidents are another common personal injury claim in Manhattan. Falls are a leading cause of death among the elderly, and they are equally dangerous for children. That is why premises liability claims are so important for holding liable parties accountable.
If you are injured as a result of a property’s unsafe features, we can assist you in filing a personal injury lawsuit against the owner.
Product liability is one of the most common types of personal injury cases. Manufacturers and distributors must ensure that their products are safe when used as directed by consumers. If they do not, victims may file a personal injury lawsuit against the manufacturer for injuries and deaths caused by their product.
Our personal injury lawyers understand the gravity of medical malpractice. Patients who seek medical attention expect their doctors to act responsibly and safely. However, medical providers are occasionally negligent, which can result in serious injuries or death without a payment. If you believe you or a loved one has been the victim of medical malpractice in Manhattan, you can file a medical malpractice lawsuit.
When someone dies as a result of another person’s reckless or negligent actions, you can easily file a wrongful death lawsuit against the person responsible. However, wrongful death claims can only be filed by the personal representative of the deceased’s estate. However, an experienced personal injury attorney, such as Dervish Law Group, can walk you through all of the steps involved in filing a wrongful death claim.
How Do You Prove Negligence in a Manhattan Personal Injury Claim?
Personal injury cases are based on your ability to demonstrate that negligence occurred, which caused or contributed to your injuries. It makes no difference whether the negligence was intentional or unintentional; if you were injured as a result of their actions, you may be able to recover compensation.
However, it is critical to understand the elements of proving negligence in Manhattan, which are as follows:
Duty of Care
A “duty of care” means that the defendant has a legal obligation to protect the plaintiff from unreasonable harm. Drivers, for example, have a duty of care to pedestrians and motorists to obey traffic laws and drive cautiously.
Breach of Duty of Care
This means that the negligent party breached their duty of care to the claimant. This could be due to careless behavior, wrongdoing, or a failure to act.
A claimant must also demonstrate that the breach of duty caused their injury. To be eligible for compensation in Manhattan, negligence must be the primary cause of the accident and injuries.
The claimant must also demonstrate the losses incurred as a result of the accident. Losses can be both financial and psychological. Your Manhattan personal injury lawyers can assist you in calculating the costs of an accident.
How Much Is My Manhattan Personal Injury Case Worth?
People frequently inquire about the value of their cases. Of course, it’s natural to want to know the answer to this question, especially if you’re facing mounting medical bills as a result of the accident. For example, if your injuries prevent you from working for a period of time, you may become in debt.
Our personal injury lawyers at Dervish Law Group can help you file the necessary claim to receive compensation for your injuries. Many factors influence how much your case is worth, and some of them are as follows:
- How have your injuries impacted your life?
- The severity of your injuries
- Present and future financial losses
- If you suffered long-term disability or impairment
- The accident’s effect on your well-being and mental health
- The level of negligence displayed by the at-fault party
When you contact us for a consultation, we will review your case and advise you on how much your injury case is worth.
What Damages Can I Recover in a Personal Injury Case?
There are significant costs associated with the damages sustained if you were injured as a result of someone else’s negligent actions. A personal injury lawyer can help you get the compensation you deserve. Following a personal injury accident, accident victims are entitled to the following damages:
Economic damages are tangible losses you incur due to the accident. These are quantifiable monetarily and include the following:
Medical Expenses: This covers all the medical expenses related to the injuries.
Lost Wages: If your injury makes it difficult to return to work for an extended period of time, you could seek lost wages from the defendant.
Property Damage: If you were in a car accident and your vehicle was damaged. As a result, the cost of repairs or replacement may be included in your personal injury claim.
This is a more subjective type of damage than economic damage. This is due to the fact that they are not easily quantifiable monetarily. However, a personal injury lawyer can help you calculate your non-economic damages. They usually consist of the following:
Pain and Suffering: “Pain and suffering” refer to the physical and mental anguish caused by the injuries. Post-traumatic stress disorder, psychological trauma, insomnia, cognitive changes, or paralysis are all possibilities.
Loss of Consortium: This type of pain and suffering is experienced by family members when their loved one is fatally injured or cannot fully recover from their injuries.
Disfigurement: Car and truck accidents can sometimes result in severe scarring and other disfiguring injuries, such as amputation.
A personal injury lawyer can also assist you in seeking punitive damages if the negligent party acted intentionally to cause you harm. This damage is intended to punish the responsible party for the injury sustained.
New York is a comparative fault state when it comes to seeking compensation. This means that even if you’re 99% to blame for an accident, you can still file a personal injury claim to seek compensation. Your compensation, however, will be reduced proportionally to the percentage you contributed to the accident.
What Is the Statute of Limitation for Filing a Personal Injury Claim?
The “statute of limitations” is a legal term that refers to the amount of time a person has to file a lawsuit. When you are injured as a result of the negligence of another person, your injury attorneys can assist you in filing a lawsuit. However, you must file the lawsuit within a specific time frame.
Every lawsuit has a different statute of limitations. However, the personal injury statute of limitations in New York is three years from the date of the injury or the date of diagnosis. As a result, if you file a personal injury lawsuit more than three years after suffering your injuries, the court will most likely dismiss your case.
Why Choose Us?
Most clients who come to Dervish Law Group are in their darkest and most frightening times. Our personal injury law firm, on the other hand, has years of experience guiding clients through difficult times. When you work with our Manhattan personal injury lawyers, you can move through the claims process with confidence. Here are some of the reasons why you should hire us.
We’ll Help you Understand the Claims Process
The experienced personal injury attorney at our firm can assist you in understanding the claims process. We understand that it can be perplexing, and every error could jeopardize your ability to recover compensation. However, most personal injury cases necessitate the gathering of facts and information, which we will do for you in order to expedite the claims process.
We offer a Team of Experts from Various Fields
Experts from various fields work for our personal injury law firm. We understand that establishing liability sometimes necessitates collaboration with experts from various technical fields. As a result, our experts will evaluate the economic, medical, and technical aspects of your case.
We’ll Investigate the Accident
An experienced personal injury lawyer understands the significance of knowing every detail about the incident. Our personal injury law firm is not looking for quick settlements. As a result, we’ll investigate the case by locating key witnesses, obtaining police reports, reviewing evidence, and performing other tasks to assist you in determining negligence and injuries from the accident.
We Provide Professionalism and Objectivity
Our New York personal injury attorneys understand that our client’s cases are more emotionally charged. However, this could have a negative impact on personal injury cases. Our trial lawyers provide you with objectivity. Everyone requires someone who is less emotionally invested in their team. We’ll present objective arguments on your behalf while also maintaining a professional demeanor. As a result, when you have legal representation, insurance companies, the police, and others will treat you with more respect.
We’ll Handle the Insurance Company
When you are injured, insurance companies rush to contact you and offer you a quick settlement. Despite their outward appearance, their goal is to pay as little as possible. As a result, the full extent of your injuries may take some time to manifest. Our legal professionals are skilled negotiators who ensure that our clients receive a fair settlement.
Contact our Manhattan Personal Injury Lawyers Today
If you have suffered a serious injury, we can assist you in obtaining the maximum compensation you are entitled to. Whether your injuries were caused by a slip and fall, a car accident, or another type of accident, our Manhattan personal injury lawyers can assist you in pursuing compensation.
Dervish Law Group not only fights for your rights but also walks you through the recovery process. We have extensive experience handling personal injury cases and will conduct an investigation while pursuing compensation for you. To get started, schedule a consultation today.