Personal injury lawsuits in New York have developed and taken shape in a similar manner to the rest of the country. The basics are pretty straight forward, there is one individual, the plaintiff, who is injured. This injury can come from a number of different scenarios, but some of the most common are slip and falls, hit and runs, car accidents, product liability, medical malpractice, and the list goes on.
The reason the plaintiff is able to sue the defendant, usually another person or a company, is because the defendant was supposed to take certain steps to make their property or product safer, but because of negligence, they did not. Lawyers that specialize in these types of lawsuits are known as personal injury lawyers or accident lawyers.
Let’s take a few examples:
A wet floor in a restaurant and the restaurant did not put up a notice and/or clean the unsafe floor so a guest slipped and fell
If a construction site does not provide hard hats or safety equipment to workers or people on-site and a piece of material or equipment fell on a worker.
Scaffolding on the side of a building in NYC then was not installed correctly and fell injuring nearby people.
All of these accidents resulted in injuries that would not have occurred if a simple action was taken, but it was not. The challenging aspects of personal injury lawsuits only now start taking effect.
The injured party has accumulated medical bills, ambulances rides, lost income from missing work, lost time on travel, and being incapacitated, stress, pain and suffering. So the question that is always asked is “who should have to compensate them”. Everyone agrees that the injury is the fault of someone else, and most people agree that the at-fault party should pay. But how much?
Some things are easy to calculate, like medical bills, as they have an economic value that is easily determined. But many things like lost time and pain and suffering are more difficult to determine.
A local personal injury attorney who knows the legal landscape is able to assist with determining the value of the injuries. Their job is to get you the maximum amount out of the lawsuit, so you don’t come out of the injury with even a penny less than you had before. Many times you will be compensated above and beyond depending on the defendant’s level of negligence and your injuries.
Personal injury attorneys usually operate on a contingency fee, otherwise known as no win no fee, so there is no upfront fee, and if the lawsuit is lost, you will not be responsible to pay for their legal services. This helps align incentives between the attorney and the plaintiff and encourage the law firm to pursue maximum damages as opposed to quick and easy settlements for less than they should.
In all places, there is a statute of limitations to pursue a lawsuit, in New York it is 3 years. And a large number of cases, over 95%, are settled, so they are shorter than if they went to court. This also means that the defendant usually knows they are responsible for the injuries.
Do you live in Queens, NY and have an injury from someone else’s negligence? We are the top-rated injury attorney in the area and give a free consultation to all potential clients:
Ribowsky Law 109-12 Jamaica Ave, Richmond Hill, NY 11418 (718) 659-5333 https://www.mrinjurylawyerny.com/