Car Accident Lawyer

Personal Injury Lawyer in Brooklyn – Know Your Rights in a Personal Injury Accident

Oct

2024

#caraccident

Brooklyn is one of the most populated areas in North America, with a large number of industrial sites still scattered across the borough. For these reasons, cases of personal injury are quite prevalent here. In the unfortunate event that you are a victim of such a situation, an experienced personal injury lawyer in Brooklyn can be the support you need to win justice and get the best outcome for your case.

What Accidents or Harm are Classified Under ‘Personal Injury’ in New York State Law?

According to New York State law, a personal injury is any harm or damage caused to an individual's body, mind, or emotions due to the negligence, recklessness, or intentional misconduct of another person or entity. Usually, personal injury claims are brought in civil court to seek compensation (damages) for the injuries and losses suffered by the victim. Below are the key categories of personal injury recognized under New York law.

Physical Injuries

Motor Vehicle Accidents – These are injuries resulting from car, motorcycle, truck, or other vehicular accidents.

Slip and Fall Accidents – Slip and fall injuries are injuries occurring on someone else's property due to unsafe conditions (e.g., wet floors, broken stairs).

Medical Malpractice – These are injuries due to negligence or errors committed by medical professionals. These could be bodily harm suffered due to misdiagnosis, surgical mistakes or other medical errors.

Workplace Accidents – These injuries are sustained on the job, and they may sometimes involve third-party liability (in addition to workers' compensation).

Injuries Resulting from Assault and Battery – These are physical harm caused by intentional acts of violence or threat.

Emotional and Psychological Harm

Emotional Distress – Any severe emotional or mental anguish that was proven to be a result of negligent or intentional acts.

Defamation (Slander/Libel) – These are false statements made maliciously to cause harm to a person’s reputation.

Loss of Consortium – Loss of Consortium refers to emotional or relational harm suffered by a spouse or family member due to the injury or death of a loved one.

Wrongful Death

If a person dies as a result of someone else’s negligence, surviving family members can file a wrongful death claim to seek compensation for damages. With legal representation of a skilled lawyer, the victim’s family can be compensated for funeral costs, loss of income, emotional suffering and other assessed damages.

Product Liability

Any injuries resulting from the use of defective or dangerous products comes under product liability. Defective product could include faulty machinery, harmful drugs, unsafe toys etc.

In such a case, manufacturers, distributors, and retailers may be held liable for injuries caused by defects in their products.

Premises Liability

The legal owner of a property is liable for Injuries that occur due to unsafe conditions in it (e.g., inadequate security, poor maintenance).

Dog Bites and Animal Attacks

If you suffer injuries caused by a dog bite or an attack by other animals, the owner may be held liable for the animal's actions.

Toxic Torts (Exposure to Toxic Substances)

These are injuries or illnesses proven to be caused by exposure to harmful substances like asbestos, lead, or other substances.

Construction Accidents

These are any injuries occurring at construction sites due to unsafe conditions, equipment failures, or other hazards.

Intentional Torts

This includes injuries caused by deliberate acts of malice like assault, fraud, or false imprisonment.

The above are the primary categories of personal injury defined under New York state law. In order to recover damages in a personal injury case, the injured party must typically prove that the other party's negligence, recklessness, or intentional misconduct directly caused the injury. If you’ve suffered any of these injuries in Brooklyn, hiring a skilled personal injury attorney familiar with Brooklyn is recommended.

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Take These Immediate Steps if You Suffer a Personal Injury in Brooklyn

There are several steps to take in the immediate aftermath of a personal injury in Brooklyn. A victim should take the following actions to protect their health and legal rights and expect the best outcome.

Seek Medical Attention Right Away

In the event of an accident, prioritize your health and safety by getting immediate medical care, even if injuries seem minor. Make sure to document all medical treatment received.

Report the Incident

Motor Vehicle Accident – File a police report.

Workplace Injury – Report to your employer and the police, if required.

Premises or Slip and Fall – Notify the property owner or manager.

In short, make sure that an official record of the incident is created with the relevant parties and relevant law enforcement. Immediately consulting a lawyer can help you figure out whom to report to so that an official record of your accident is made.

Document the Scene in as Many Ways as Possible

If you’re in a condition to do so, take photos or videos of the accident scene, injuries, property damage, and any relevant conditions (e.g., wet floors, broken stairs).

Collect Witness Information (If Possible)

Try and obtain contact details from any witnesses who saw the incident. Their testimony may be crucial later on. If witnesses are unwilling or hesitant to provide testimony, your attorney may be able to reassure them and get their testimony legally.

Make Sure to Preserve Evidence

Keep any physical evidence related to the injury, such as damaged personal property or torn clothing till a satisfactory settlement or justice has been reached.

Avoid Making Initial Statements

Be careful when discussing the incident with the other party or insurance companies. Avoid admitting fault or downplaying injuries until you have expert legal representation.

Contact a Personal Injury Lawyer

It’s important to seek legal advice as soon as possible. This will help understand your rights, protect evidence, and prepare for potential claims before starting your compensation process.

File Insurance Claims

In case of auto accidents, remember to notify your insurance company promptly. In workplace injuries, file a workers' compensation claim.

Taking these immediate steps will help protect your health, maximize the outcome of your potential legal claim, and make sure you stay compliant with New York's personal injury laws.

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What a Great Outcome for Your Personal Injury Case in Brooklyn Looks Like

If you have filed a claim with the help of an personal injury attorney in Brooklyn, getting the best possible outcome will depend on several factors. The severity of your injury, the strength of your case, and the specifics of your damages and other things will factor in. Regardless, the best outcomes typically include the following –

Receiving Maximum Potential Financial Compensation (Damages)

The goal of any personal injury case is to secure the highest possible compensation for your losses. According to New York state law, there are several types of damages you may recover.

Economic Damages – These cover quantifiable financial losses, such as –

Medical Expenses – Recovering past, present, and future costs of medical care related to the injury (e.g., hospital bills, rehabilitation, therapy).
Lost Wages – Compensation for any income lost due to being unable to work as a result of the injury.
Loss of Earning Capacity – If the victim’s injury results in long-term or permanent disability that affects their ability to earn in the future, they can be compensated for loss of earnings.
Property Damage – This is compensation received for damage to property, such as a car in a motor vehicle accident.

Non-Economic Damages – These cover less tangible harms, such as –

Pain and Suffering – You may seek compensation for physical pain and emotional distress caused by the injury.
Loss of Enjoyment of Life – Sometimes, a victim may seek compensation for reduced quality of life due to the injury.
Loss of Consortium – If there was a loss of companionship or marital relations due to the injury or death due to the injury, a victim or their family may seek compensation.

Punitive Damages – In rare cases, punitive damages may be awarded if the defendant's conduct was especially egregious, reckless, or intentional that resulted in injury. These damages are designed to punish the wrongdoer and deter possible similar future conduct.

Out-of-Court Settlement

In most instances, many personal injury cases in New York are settled outside of court through negotiation. A skilled personal injury lawyer will work out the right arguments to negotiate the best possible settlement, which will help you avoid a lengthy court process. An out-of-court settlement can result in a quicker resolution and avoid the uncertainty of a trial.

The best possible outcome here is a fair settlement that covers your medical expenses, lost wages, pain and suffering, and other damages, without the need to go to trial.

Settlements are typically final. This means your lawyer will make sure that the amount covers both current and future damages.

Winning at Trial

If your case goes to trial, the best outcome would be a favorable verdict by the jury or judge awarding you full compensation for all your damages. Usually, trial outcomes are less predictable than settlements. With the support of a personal injury lawyer with a strong legal team, a jury verdict could result in substantial compensation. This is especially true in cases where the defendant’s negligence is clear and the damages are significant.

In some cases, juries may choose to award higher amounts than what you might have received in a settlement – particularly if they sympathize with the plaintiff’s suffering or if the defendant’s behavior was particularly harmful.

Structured Settlements

Depending on your needs, a lawyer may negotiate a structured settlement. Here compensation is paid out over time, rather than in a lump sum. This can be beneficial if you require long-term financial security as a result of your injury. This is particularly important for significant injuries that require ongoing medical treatment, long-term care, or has resulted in permanent disability.

Reduced Medical Liens and Optimal Insurance Payout

A personal injury lawyer can help reduce or eliminate medical liens. Medical liens are claims by healthcare providers for unpaid medical bills. This will help you retain more of your settlement or award. Your lawyer can also handle complex negotiations with insurance companies to guarantee that you’re fairly compensated – even if your insurer initially denies or undervalues your claim.

Some Factors That Influence the Best Outcome –

The severity of the injuries
Liability – If liability is clear (i.e., the other party is fully responsible for your injuries), it can help strengthen your case.
Comparative Negligence – New York follows a pure comparative negligence rule. This means that your compensation can be reduced if you are found partially at fault. The best outcome would involve making a case to minimize the impact of any findings of comparative negligence with the support of your lawyer.
Evidence and Witnesses – The quality of the evidence (e.g., medical records, expert testimony, eyewitness accounts) and the strength of your lawyer's legal arguments can significantly impact the outcome.

To summarize the points made so far, the best outcome in a personal injury case in Brooklyn would typically be –

At least 90% recovery of both economic and non-economic damages, either through a favorable settlement or a successful trial verdict.

Receiving maximum compensation for medical bills, lost wages, pain and suffering, and other losses.

Getting a timely resolution of your case without unnecessary delays – possibly through settlement negotiations – that avoid a drawn-out court process.

In some cases, there is potential to receive punitive damages, depending on the defendant’s actions.

With the right legal support, you can build a strong case to secure the highest possible financial recovery while also ensuring your rights and interests are protected.

To set up a free consultation with some of the best personal injury lawyers in Brooklyn, talk to us at Gabriel Law. Having handled hundreds of personal injury cases in New York, we are more than confident about getting you the compensation you deserve.