NYC Personal Injury Claim: How To Get Compensation

NYC Personal Injury Claim: How To Get Compensation - New York City Personal Injury Lawyer I Greenberg & Stein, P.C.
NYC Personal Injury Claim: How To Get Compensation – New York City Personal Injury Lawyer I Greenberg & Stein, P.C.

Pursuing a personal injury claim on your own can be very stressful. However, victims of personal injury in NYC often experience better results when they have a basic understanding of personal injury laws. It also helps to work with a representative you can really trust, like a personal injury attorney at Greenberg & Stein.

Under New York State law, there are statutes of limitation that dictate how long a person has to file a lawsuit for personal injury claims, resulting in compensation, so retaining a knowledgeable NYC personal injury attorney as quickly as possible after an accident is imperative.

At Greenberg & Stein we use decades of litigation experience to protect your rights, and our attorneys understand that even though financial compensation can never truly undo every loss caused by a personal injury, it can go a very long way toward alleviating some of its many hardships. 

Understanding a NYC Personal Injury Claim

Personal injury claims are on the rise. In 2016 we saw an increase in construction site injuries and deaths because of non-union work sites guilty of code and safety violations. In the last few years the number of dog bite claims against homeowners, and the average payout for those claims, has been skyrocketing as well. While medical malpractice claims as a whole are down, payouts for those claims are up. These are just a few examples of the many different kinds of personal injury claims, which can range from simple slip-and-fall accidents to more complex product liability claims.

Personal injury claims are not something you just hand over to an attorney and then wait for your compensation check a few months later. As your top-notch personal injury attorneys, we are here to help you, but a knowledgeable client often gets better claim results.

Under New York State law, filing a lawsuit quickly is important because there are statutes of limitation. If that limit of time passes, the person who may have been injured no longer has any legal right to file any sort of claim.

For example, in NYC the statute of limitations for personal injury claims gives an injured person three years from the date of the injury to go to court and file a lawsuit against the responsible party. This means that if you fail to get to the courthouse before this window of time closes, the New York court system will likely refuse to hear your case at any time in the future, and your right to compensation will go out the window. 

Know your time limits for personal injury lawsuits in NYC:

    • Personal injury claim: 3 years
    • Motor vehicle accidents: 3 years
    • Wrongful death: 2 years from the date of death
    • Negligence resulting in injuries: 3 years from the date of discovery
    • Defective product and product liability claims: 3 years
    • Medical malpractice: 2.5 years from the date of the injury
  • Personal injury to a child: 3 years from 18th birthday

How To Get Compensation for a NYC Personal Injury Claim

Approximately 95% of civil lawsuits are resolved through negotiated settlements and in the hands of one of our skilled personal injury attorneys, the fast recovery of your compensation can go toward paying medical bills, covering living expenses, and moving on from the traumatic event.

Personal injury claims are the most frequently filed in NYC and the most costly to resolve. According to the 2016 annual claims report by the New York City comptroller, personal injury claims accounted for $620.1 million, or 99 percent, of the $629.5 million that was paid out on settled tort claims. Out of the 7,345 personal injury settlements, there were 113 personal injury claim payouts for $1 million or more. 

There are a few things you should know to maximize the changes of a receiving compensation

#1: Above all, consistently get medical treatment! You may have pain and discomfort after an accident, but if you don’t get medical treatment, then it is easy for the defendant to paint the picture that you are not really hurt. Stopping medical treatment gives mixed signals, because if you were not ok, you wouldn’t stop getting your treatments. So be consistent, don’t try to be a superhero, get treatment at the time of the accident and regularly follow-up with your doctors and keep good medical records. Always communicate your medical history, to your physician, and to your attorney. 

#2: Have a persuasive presentation. Successful mediation boils down to the quality of your presentation. You can help us win in your favor the more exhibits and convincing proof you bring to the table, the more likely you are to get a large settlement. The more you can provide the better we can compare your situation to similar cases that have come before as part of our legal argument.

#3: New York has “No-Fault” law for car accident cases, and no-fault claims come with strict timelines. Provide prompt notice if you need to make a claim to ensure compensation. This rule forces you to collect first from your own insurance policy, no matter who caused the accident (unless you meet the “serious injury” threshold). It means most people injured in auto accidents can collect without proving fault but the amount recoverable is limited, however the dedicated personal injury attorneys at Greenberg & Stein can help fight for a fair resolution.

NYC Personal Injury Claim With Greenberg & Stein

Clearly knowing even a bit about how personal injury laws affect a NYC personal injury claim can help you avoid the pitfalls like missed deadlines and unrealistic expectations. The experienced personal injury attorneys at Greenberg & Stein who are more than familiar with New York laws are valuable partners to have through the process.

If you have recently been in an accident in any of the five boroughs of NYC, it’s time to reach out to the skilled personal injury attorneys from Greenberg & Stein. Our mission is to help each and every one of our clients, and all NYC personal injury claimants, bring their cases to a successful conclusion.

You can call us at 888-411-3966, or fill out our contact form to set up a free consultation today. Don’t wait for problems to arise, call us today to get the help and compensation you need!

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Greenberg & Stein

360 Lexington Avenue, Suite 1501

New York, NY 10017

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