Koenig Pierre, Esq.

What Is A Personal Injury Case?

A lawsuit for the damages suffered by a person to their body and emotions as a result of the negligence, recklessness, or wrongful conduct of another person. Generally, a personal injury lawsuit involves negligence.

In New York, ordinary negligence can be established by proving the following elements:

1. A duty of care.
2. A Breach of the duty.
3. The breach causes damages.
4. Actual damages.

DUTY OF CARE

The initial element in a personal injury case involving negligence is proving that the alleged tortfeasor owed a duty of care to the victim, the breach of which, would lead to a foreseeable injury

A BREACH OF DUTY

A duty of care is breached when the alleged tortfeasor’s actions fail to meet a standard of care that a reasonably prudent person would exercise under similar circumstances. 

CAUSATION 

It must be proven that the breach of duty resulted in Plaintiff’s injury. Causation is composed of two elements: (1) Causation in fact (“actual” or “but for” causation) and (2) Proximate Cause.

Causation in fact also known as Actual Cause requires a clear cause-and-effect relationship between the damages and the breach of duty. For instance, “but for” Defendant’s unsafe lane change, the accident would not have happened.

Proximate cause, the actions of the person (or entity) who owes the duty must be sufficiently related to your injuries such that the law considers the person to have caused your injuries.

Generally, New York law recognizes the rights of those injured to receive compensatory damages – for both economic and non-economic losses. They include compensation for physical and emotional pain and suffering, disability, disfigurement, scarring, lost earnings, scarring, disfigurement, loss of consortium, and loss of enjoyment of life.

DAMAGES

Generally, New York law recognizes the rights of those injured to receive compensatory damages – for both economic and non-economic losses. They include compensation for physical and emotional pain and suffering, disability, disfigurement, scarring, lost earnings, scarring, disfigurement, loss of consortium, and loss of enjoyment of life. 

Do I Have A Personal Injury Case?

The only way to know if you have what can be considered a “good” case is to schedule a free consultation with a New York personal injury attorney. Koenig Pierre is a New York personal injury attorney that will review the facts of your case and determine whether you have a  viable claim and how much you may be owed. To schedule a complimentary case review with Koenig, please click here. 

What If I Am Also At Fault?

New York recognizes the doctrine of comparative negligence. Under comparative negligence, an injured party may still recover damages even if they were partially responsible for their injury. New York has adopted a pure comparative fault system. In such a system, the court assigns percentages of fault to everyone involved in the accident.

How Long Will My Case Take?

As you may expect, the answer to this question is, “it depends.” It depends on the nature of the case and the seriousness of the injuries. In New York, the typical lifespan of a car accident case is anywhere between six to eighteen months. Some cases may remain active for several years. There is no golden rule on how long a personal injury lawsuit may continue. There are numerous factors at play including venue and the defendant’s propensity to prolong litigation.

Upon receipt of a case, an assessment is conducted to determine whether the case should be settled with the insurance company during the claims process or whether a lawsuit should be filed. Once a lawsuit has been filed a number of steps must take place before the case is in any position to be resolved. Typically, the Defendant will submit an Answer to the Complaint within twenty to thirty days after being served, the discovery process may progress over the course of a few months, and an examination before trial (EBT) may be conducted prior to settlement talks.

How Long Will My Case Cost?

Generally, in New York, personal injury lawyers represent accident victims on what is known as a contingency fee. In such an arrangement, the client is not charged any upfront costs or hourly fees.

Typically, a personal injury attorney will charge a fee of 1/3 of the total recovery. A New York Medical Malpractice Lawyer also works on a contingency fee basis but the compensation to the attorney is based upon a reduced “sliding scale”. Simply put, the larger the award, the less, In terms of percentage, the lawyer collects.

How Can Social Media Affect My Case?

Why Should I Hire A Personal Injury Lawyer?

There are many reasons why you should hire a personal injury lawyer. Here are five reasons why you should hand over the reins to an NYC Personal Injury Lawyer:

1. EXPERIENCE

A personal injury lawyer is better suited to negotiate effectively with the lawyer for the insurance company and if your case goes to trial, hiring a lawyer is the smart move. Abraham Lincoln once said, “A man who represents himself, has a fool for a client.”

2. HIGHER SETTLEMENTS

Statistics show that people who hire a lawyer, on average, receive a higher settlement, this remains the case, even after subtracting attorney fees from the settlement amount.

3. EXPEDITE YOUR CASE

Hiring a personal injury lawyer helps you to stay on top of your case while avoid the bad faith tactics that can delay your compensation. The insurance company wants to delay the processing of your claim, the personal injury attorney’s job is to push the case forward.

4. SAVE YOU TIME AND MONEY 

Putting together a case takes a lot of time and money. Ask yourself, do I have time to request my own medical records? Police Reports? Medical charts? Am I equipped to negotiate with experienced insurance adjuster? Draft, respond and file legal paperwork? Mistakes can be expensive. Let a dedicated New York personal injury lawyer handle your case.

5. THE BEST MEDICAL CARE 

Your physical and emotional recovery is paramount after suffering a serious injury. It is important that you seek medical care, as soon as possible. With access to a lawyer’s large network, a personal injury lawyer can connect you with great doctors who can alleviate your pain and heal your wounds.