After you suffer an injury because of another party’s negligence, you’ll want to seek immediate medical attention and hire a good lawyer. Your lawyer can help you meet all the deadlines, file the appropriate paperwork, request the necessary information, search public databases for relevant evidence, if applicable notify the correct insurance company, gain access to valuable benefits, and keep track of your damages. The case will be worked up in the most efficient way possible through both the claims process if possible as well through litigation. The attorneys at Roth & Roth work up every case for trial so that we can maximize the value for you. Insurance companies and corporations will only pay fair value if they see that your attorney has properly prepared your case.

It’s never a good idea to speak with an adjuster if you intend on making a claim. You should always first talk with an attorney before speaking to sophisticated adjusters and investigators.  Keep in mind that adjusters work for insurance companies, and their goal is to pay as little money as possible or no money at all. You’d be surprised at how a seemingly innocent conversation with an adjuster can be turned around to damage the strength of your case. Your best course of action is to allow a seasoned injury lawyer to facilitate these interactions.

There’s a common misconception that only wealthy people can afford legal counsel or that you have to pay a lawyer for services in advance. Neither is true when you have a solid personal injury case. Our personal injury attorneys work on a contingency fee basis, meaning we don’t collect any attorney fees unless we win your case. You do not have to worry about out-of-pocket legal fees, and working with a skilled lawyer often results in much larger settlements and verdicts for injury victims. If you are wondering about the cost of legal counsel, a better question to ask yourself might be: Can I afford not to work with a reputable NYC injury lawyer?

One person, multiple people, a business, or even a government entity can be held liable for personal injuries. Establishing who is responsible for an injury is only the first challenge. Proving negligence and securing a fair award can be equally time-consuming and complex tasks. 

Under New York law, you can recover a variety of damages for the personal injuries you suffer due to another party’s negligence. These include payment for past and future medical expenses, lost income, and pain and suffering. A skilled personal injury attorney will be able to determine your eligibility for these damages and hold the party responsible for your harm accountable. 

Figuring out who is at fault is a critical element in personal injury cases. New York, unlike some other states, follows a pure comparative fault law. This doctrine allows injured plaintiffs to recover compensation for their injuries, even if they were partly responsible for the accident that caused them. A plaintiff in a New York personal injury action is not prevented from recovering damages even if they are partially responsible for the incident that gave rise to their injuries, but the amount they recover will be lowered in proportion to the amount that they are at fault.

In automobile cases, New York has a no-fault auto insurance system. Under this law, insurance companies must pay first-party benefits for medical bills, lost wages, and other covered expenses such as home care due to a motor vehicle accident regardless of fault. The system is designed to ensure accident victims can receive medical treatment and lost wages in a motor vehicle crash. The no-fault system has certain deadlines and requirements that NYC personal injury law firms can help navigate for you so that you get all the benefits that you are entitled to. 

Damages for wrongful death claims in New York are limited, some of the damages the estate and family are entitled to are pain and suffering before death, the amount of support that the deceased gave to his or her relatives, loss of services, parental support and guidance, pre-death medical expenses, fear of impending death. You also have the right to compensation for other losses, such as funeral and burial expenses, the value of future financial support, and the loss of parental guidance of the deceased.

In New York, the personal representative of the decedent’s estate is the only party permitted to bring a wrongful death claim. The claim is made by the representative on behalf of certain surviving family members, which may include the spouse, children, parents, or other beneficiaries. Wrongful death cases can be complex, and our knowledgeable New York counsel would be happy to discuss your situation. 

In construction accidents, such as when a worker is injured due to failure to provide safety equipment, or a fall off a scaffold or a ladder, they can file a workers' compensation claim with their employer's worker’s compensation insurance carrier and file a personal injury lawsuit against the owner of the commercial premises as well as the general contractor and sub-contractors who are not their direct employer.

Whether you were injured at work or not can be a significant factor in who pays for medical treatment and lost wages. Injuries that happen at work, in many cases, are handled by the workers’ compensation system. You may still be able to file a personal injury case against anyone other than your employers, such as the person who owns the premises, and any time where the negligence of a third party was involved, such as another driver or a manufacturer. Our attorneys can investigate your claim and provide guidance about what will be in your best interests moving forward.  

Every personal injury case in New York is different. Because of this, it’s impossible to make any promises about a case outcome. You should be wary of any attorney who does so. However, we will give you an honest assessment of your case during your initial consultation, including its strengths and potential weaknesses. We’ll also continue to provide skilled counsel and advocate for your interests as the case progresses. 

Absolutely not! We keep our clients well-informed about the status of their cases and do not have this type of authority. We will always counsel you as to whether we believe a settlement offer is in your best interests. But it is ultimately your decision whether or not to accept an offer made to you by the other party. 

We can’t stress enough that every personal injury case is unique. Some cases will necessarily take longer than others. Factors that will impact how long a case takes to resolve include the nature and severity of the injuries and who else is involved. Some insurance companies may be more willing to discuss settlement sooner than others. And some won’t make an offer at all, depending on the circumstances of the case. 

New York State law lists a three-year statute of limitations for most personal injury matters. This means that you have three years from the date of injury to file a lawsuit. In municipal cases, there is a 90-day deadline to file a notice of claim and 1 year and 90 days deadline to file a lawsuit. While it is possible to make a motion to file a late notice of claim within one year and 90 days it is always advisable to file the notice of claim within 90 days.  While it may seem that time is on your side, nothing could be further from the truth. Witnesses and evidence can disappear quickly. The sooner you file your claim after the accident, the better your chances of recovering the full and fair compensation you deserve. 

If you are pursuing a personal injury case, you will need to prove that the other party was negligent. To accomplish this, your lawyer will gather evidence showing that the other party owed you a duty and then violated that duty. Further, you must also establish that there is a connection between the breach of duty and the injuries and damages you have suffered. Proving negligence and damages is something a top Manhattan injury law firm can achieve on your behalf. 

If you weren’t injured in the accident, you probably don’t need an attorney. But if you were seriously hurt, a skilled lawyer can be helpful in getting you just compensation. You have nothing to lose and so much to gain by taking advantage of a free consultation to learn more about how an attorney can provide assistance.