Personal Injury



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Personal Injury Lawyer

Should I Get A personal injury Lawyer if i get any injury

If you’ve been injured in an accident in New York City, dealing with medical care, expenses, and the challenges of recovery can be overwhelming. Your injuries may have significantly impacted your life, preventing you from working, paying bills, and enjoying the lifestyle you once had. However, if your accident was the result of someone else’s negligence, you may be entitled to compensation. In such cases, it’s crucial to seek the assistance of a knowledgeable personal injury lawyer in New York City who specializes in New York State law and can help you navigate the legal process.

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An accident victim worrying over her bills. Many people choose to file a claim because they are overwhelmed by expenses.

New York Personal Injury Practice Areas

bicycle accidents car accidents dog bites motorcycle accidents pedestrian accidents premises liability product liability slip and fall accidents truck accidents worker’s compensations wrongful death
In a personal injury claim in New York City, various types of damages can be sought according to New York Consolidated Laws and the New York Codes, Rules and Regulations (NYCRR). These compensatory damages encompass both financial and personal losses, while punitive damages are less likely to be awarded.

When evaluating your damages, your personal injury attorney will consider the following factors to determine a fair settlement:


Financial Losses

This includes medical bills, property damage, and lost wages. Your attorney will gather evidence such as receipts, bills, repair estimates, and expert testimonies to assess your current and future expenses resulting from the accident.


Personal Losses

These encompass physical pain, emotional suffering, and mental distress. While it is challenging to assign a precise monetary value to personal losses (also known as non-economic damages), they are just as significant as financial losses.


Punitive Damages

It’s important to note that punitive damages can only be ordered by the court and are relatively rare. Your attorney will inform you if your case may qualify for punitive damages.

Our ultimate goal is to secure a settlement or verdict that enhances your quality of life and provides for future treatment. Therefore, we will diligently pursue the maximum appropriate compensation through negotiations or trial.

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Should You Deal with the Defendant’s Insurers Without an Attorney?

A common mistake made by victims of accidental injuries is assuming that the insurance company is looking out for their best interests. While understandable given the hardships you may be facing, it’s important to be cautious. Insurance company claims adjusters may appear helpful, but remember that their goal is to settle for the least amount of money.

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Before signing any insurance release, it’s crucial to consult with your personal injury attorney. They will serve as your advocate during the process, ensuring that your rights and interests are protected. The insurance representative, even if they seem friendly, is not working in your favor.



Factors Affecting the Value of Your Personal Injury Claim

If you’re wondering about the worth of your personal injury claim, it’s important to consider the various factors that can influence the settlement. The presence of certain conditions may increase the value of your claim, such as chronic pain, the need for future medical care, inability to continue your career, loss of enjoyment in life, and scarring or permanent disfigurement.

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To determine the true value of your claim, it’s crucial to consult with an experienced New York City personal injury lawyer. Insurers often overlook or undervalue these conditions when assessing the worth of a claim.

Frequently Asked Questions

Time Limit to File a Personal Injury Claim in New York

When filing a personal injury lawsuit in New York, it’s crucial to be aware of the time limit, known as the “statute of limitations.” According to the Official Code of New York Section 214 of the CPLR, you have three years from the date of your injury to file a claim in cases involving negligence. However, the statute of limitations can vary depending on the nature of the lawsuit, such as premises liability cases or claims against municipalities.

To ensure you meet the necessary deadlines, it’s advisable to contact a lawyer as soon as possible to initiate the process.

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Can You Settle a Personal Injury Claim in New York City Out of Court?

Statistics indicate that approximately 95% of personal injury claims are settled without going to court. Going to court is a time-consuming and costly process for both parties involved, making it mutually beneficial to reach an agreement outside of court.

Aside from saving on court costs, settling out of court reduces the risk of a judge awarding a higher amount than the agreed settlement. Thus, it is in everyone’s best interest to avoid prolonged litigation.

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How Long Does It Take to Settle a Personal Injury Claim?

The duration of a personal injury claim can vary depending on the specific circumstances. Each case is unique, and the time it takes to reach a satisfactory settlement depends on factors such as independent investigations and witness availability.

Our primary goal is to settle your case promptly while ensuring you receive the rightful compensation you deserve.

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Requirements for a Successful Personal Injury Claim

To increase the likelihood of a successful personal injury claim, it’s essential to gather detailed information and documentation to support your case. There are four fundamental elements that must be established:
Duty of care: You must demonstrate that the defendant owed a duty of care to you.
Breach of duty: You must prove that the defendant breached their duty of care.
Causation: It must be established that the defendant’s negligence directly caused your injuries.
Damages: You need to provide evidence of the damages incurred as a result of the incident.
By meeting these requirements, you strengthen your chances of a successful personal injury lawsuit.

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What Types of Cases Do Personal Injury Lawyers Handle?

Personal injury lawyers handle a wide range of cases that involve injuries and their associated expenses. These cases arise when one party’s negligence results in harm or fatality. At our New York City law firm


We specialize in representing clients in the following areas:

  • Bicycle accidents
  • Car accidents
  • Construction accidents
  • Medical malpractice
  • Motorcycle accidents
  • Slip and fall accidents
  • Truck accidents
  • Workers’ compensation
  • Wrongful death

If you have been injured or lost a loved one due to someone else’s negligence, our personal injury lawyers are here to help you seek the compensation you deserve.

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A construction worker falls on a wet floor. By filing a personal injury claim for a slip or fall, or a workers’ compensation claim, injured individuals can get compensation.

If you’re concerned about the cost of legal representation for your personal injury case in New York City, we’re here to provide some clarity. The majority of personal injury attorneys in New York City work on a contingency-fee basis. This means that they will not require payment unless they successfully obtain compensation for you. In such cases, their fee will come from the compensation awarded.

Proof of Injuries and Damages

In order to have a successful personal injury case, it is crucial to establish the negligence of the other driver. Together with your attorney, you will gather evidence to demonstrate that the other driver was at fault for the accident. There are several effective methods to prove negligence, including:

Police report: The official police report detailing the accident can serve as valuable evidence.

Witness statements: Statements from witnesses who observed the accident can support your case.

Accident reconstruction expert testimony: Experts in accident reconstruction can provide professional analysis and testimony to prove fault.

Medical expert testimony: Medical experts can testify about the nature and extent of your injuries, linking them to the accident.

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Documentation and Evidence

Strong documentation and evidence play a vital role in a successful personal injury claim. The more evidence you have, the stronger your case becomes. Insufficient evidence can hinder your chances of success. It’s important to note that the other driver’s insurance company may attempt to dispute your evidence. An experienced personal injury attorney in New York City understands the necessary evidence and will diligently gather all the required documentation for a successful claim.

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Determining Liability in an New York City Personal Injury Claim

Identifying all potential defendants who may be liable for a personal injury requires a thorough investigation. If someone else failed to exercise due care, they can be held responsible for the resulting injuries.

It’s essential to recognize that the person directly responsible for the accident may not be the sole party held liable. For instance, in a drunk driving auto accident, not only the intoxicated driver but also the individual who served alcohol to the visibly intoxicated person could be held responsible.

By carefully assessing the circumstances, an experienced personal injury attorney can determine the parties who may be held accountable in your specific case.

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The sooner you contact a personal injury attorney in New York City after an accident, the easier it will be to collect evidence.Having a clear understanding of the negligence laws in your state is crucial when pursuing a personal injury claim. Your attorney will play a crucial role in proving fault in your case. While some states follow “no-fault” laws, it’s important to note that New York does not fall into this category.

It’s important to understand that even if you bear some responsibility for the accident, you may still be eligible for compensation. It’s important to note that New York follows a pure comparative negligence rule, which means that even if a plaintiff is deemed to be more than 50% at fault, they can still recover damages. The amount of compensation they receive will be reduced by their assigned percentage of fault.

Overview of the Personal Injury Lawsuit Process

It’s natural to have concerns about what to expect during the claims process, but rest assured, our experienced lawyers are here to guide you. Here is an outline of the stages you can anticipate:


Initial Consultation

This is an opportunity for you to share your account of the incident and ask questions about the case. The attorney will evaluate the viability of your case and provide appropriate advice before entering a fee agreement.


Case Investigation

Your attorney will conduct a comprehensive investigation, including interviews with you and witnesses, review of your background and medical records, to gather necessary information and determine the best course of action for your case.


Filing Court Documents

Your lawyer will file a personal injury complaint, which serves as the initial document of the case. The complaint outlines the nature of the incident and the injuries sustained, and must be properly served to the defendant along with related documents.


The Discovery Process

This involves the exchange of evidence between the involved parties. Interrogations, document requests, sworn statements, and depositions may be part of the process. Your attorney may also co


Pre-Trial Litigation and Motions

After reaching maximum medical improvement (MMI), your lawyer will demand compensation based on the full extent of your damages. Negotiations with the at-fault party’s insurers will take place to seek a fair settlement.



If an out-of-court agreement cannot be reached, the case will proceed to trial. The jury will determine the defendant’s liability, and if the verdict favors the plaintiff, the defendant will be obligated to compensate for the identified damages.

Arrange Your Free Consultation in New York City

Gabriel Legal Injury Lawyers specializes in personal injury cases, handling even the most complex matters. Our legal team is well-versed in the laws and knows how to pursue the compensation you deserve.

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Contact us today for a free consultation and let us assist you in moving forward after this challenging time.

Personal Injury



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