Frequently Asked
Questions

Personal injury is the legal term for a physical, mental or emotional injury sustained. This is in contrast to damage or loss of someone’s property. Personal injury most commonly refers to the field of law dedicated to recovering compensatory damages for the injury done, if it was sustained due to another person’s negligence or wrongdoing. The field of personal injury falls under the greater category of tort, which is the legal term for a civil wrong done by one person to another.

In general terms, negligence is a failure to exercise reasonable or necessary case under certain circumstances. In personal injury claims, plaintiffs seek to prove negligence of another person as the reason for their injuries. Their personal injury attorneys do this by showing that the person had duty to exercise a certain amount of care and that they committed a breach of duty. Showing that the person under question simply failed to fulfill their duty of care is not enough to win a personal injury claim; the most important element in a successful personal injury claim is showing direct causation of the injuries by that breach of duty. This means that the person’s shortfalls in the incident directly caused the victim to sustain injury. That is what negligence is in a personal injury claim.

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Some accidents are the fault of the accident victim, while others are nobody’s fault, but if yours was caused by another person’s careless or reckless actions, you have a right to demand financial compensation. By demonstrating that the other party’s negligent actions are responsible for your accident, you can file a personal injury claim which could provide you with a settlement to cover all your losses.

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The short answer to this question is that personal injury attorneys are specifically experienced in this area of law. An understanding for the special steps in the process of a personal injury claim and knowledge of statutes and case law on the subject are required in order for a claim to be successful. Personal injury lawyers are knowledgeable about the intricacies of the highly specialized law on the subject of personal injury and insurance law. Hiring a personal injury attorney has a direct positive effect on your chances to receive the maximum amount of compensation for your injuries.

There is no way to accurately predict the amount of compensation you will receive, but there are certain guidelines to follow in determining how much to demand. First, you should calculate the full costs of the medical treatment you have received, as well as how much it will cost you in the future to receive necessary rehabilitative care and to pay for any type of equipment or modifications to your home which may be necessary to accommodate your injuries. Next, you must determine how much income you have lost as a result of the accident, in addition to the degree to which your future earning power may have been reduced by a permanent disability. Finally, an attorney from our firm will work with you to estimate a fair figure for non-economic damages, which includes compensation for the pain and suffering.

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When a party in the claim is found to be “at-fault” for the injuries of the plaintiff, they are then compelled to pay financial compensation to the victim in an attempt to repair and recompense the damage done to the victim and their family. Compensation is intended both as an aid to the victim in their recovery and also as a punitive tactic against the negligent party.

If you choose to work with an attorney from Greenberg & Stein, P.C., you will not be charged a dime until and unless we win your case. Our NYC injury lawyers work on a contingency fee basis, which means you won’t be responsible for any legal fees until your case has been successfully resolved by a lawyer at our office. If, for some reason, we are unable to secure favorable results on your behalf, you will not be asked to pay anything for the time and effort that our professionals dedicated to your case. In essence, if you don’t win, we don’t win.

You can greatly influence the outcome of your case by gathering all the evidence you can find, including photographs of your injuries, documentation from your doctor and even regular notes about how your symptoms are affecting your ability to go about your daily routine and to enjoy your life. It is also vital that you avoid discussing the case with anyone from the insurance company, as you could be misled into making statements which would limit your ability to recover compensation, or could even disqualify you from receiving a settlement altogether.

You may be able to file a premises liability claim, if it can be proven that the property owner knew-or should have known-about the hazardous conditions which caused your accident and failed to take reasonable precautions to prevent your injuries. A common example is a slip and fall accident when a store patron steps in an uncleaned spill. The store owner’s failure to clean the floor or to at least place a warning sign may serve as grounds for legal action.

Workers’ compensation insurance provides injured workers with a guaranteed pay out regardless of fault. Unfortunately, the trade-off means that the employer has immunity from any personal injury claims made by his or her injured workers. While employers are protected from lawsuits by their workers’ compensation insurance, the presence or contribution of a third party in causing the accident, such as a neglegent manufacturing company, may be grounds for a third party liability claim.

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When an accident leads to the tragic loss of a loved one, family members can recover compensation for the financial and emotional costs incurred by the loss. However, the process requires a legally recognized personal representative of the decedent to file the claim under his or her name.

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Unfortunately, misdiagnosis of a condition does not always warrent a medical malpractice claim. There are several key elements that are required in order for misdiagnosis to be considered malpractice, usually concerning the doctor’s actual actions and the extent of injuries the patient sustained because of the mistake in diagnosis.

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New York is among several states that operate based off of a no fault insurance policy for automobile owners. Drivers are required to obtain insurance that will guarantee coverage for their damages in the event of an accident and in exchange for the ability to file claims against other drivers involved in the accident.

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The automatic response to a truck accident is to blame the driver. While it may be very true that the driver’s negligence contributed to the accident, there are several other factors that may or may not have contributed to your injuries as well. Other parties that may have had a part in the accident include the driver’s employer, the truck manufacturer and the company responsible for the material being transported by the truck.

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When police officers use excessive force in making an arrest, engage in brutality against suspects, or otherwise violate a citizen’s civil rights, the victim is often able to file a lawsuit which may result in an award of monetary damages.

Whenever possible, you should avoid speaking to an insurance agent (yours, or the agent of the person who caused your accident) without an NYC personal injury lawyer present. Once you have retained the services of a professional attorney, you should be able to direct all interactions with an insurance agent to Greenberg & Stein, P.C. In most cases, insurance companies are not looking out for your best interests; rather, they are looking for any way to minimize the amount of compensation that they will be responsible for paying you. Therefore, it’s unwise to agree to the settlement amount that was offered by your insurance company if an injury attorney has not first reviewed your case and determined the correct amount of compensation that you are due.

The answer to this question depends on the nature of your accident and injury. By law, there are many circumstances, i.e. medical malpractice claims, car accident claims, etc. that require victims to make a claim or file a lawsuit within in pre-determined amount of time. The most effective way to ensure that you do not miss the window of time that you have to file a lawsuit or personal injury claim is by contacting an NYC personal injury lawyer at Greenberg & Stein, P.C. Very quickly, we can review your case and notify you of the allotted time that you have to take action.

Depending on the circumstances involved in your accident, you may still be eligible to file a personal injury claim, even if you did not experience physical harm. There are other ways to be injured, including emotional trauma, distress, and property damage. If it can be proven that another person’s reckless or negligent behavior caused you harm or damage, you may have a case. The only way to know with surety whether or not you have a case is by contacting an attorney at Greenberg & Stein, P.C.

Many cases of personal injury can be settled outside of court. Hiring an injury attorney does not automatically mean that you will be expected to appear before a judge and jury. In fact, our NYC personal injury lawyers do everything possible to settle your case before resorting to courtroom action. When more aggressive action is necessary in order to obtain favorable results, Greenberg & Stein, P.C. is ready to represent you in court, but we won’t make this move without first discussing the possibility with you in full detail.

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