From motor vehicle accidents to product defects and wrongful death, the aftermath of a personal injury in New York poses numerous challenges.
Choosing the right lawyer makes sure you get justice and fair compensation for your pain and losses.
In this detailed guide, we will explain when you need to seek professional counsel, how to choose a personal injury lawyer in New York and how our attorneys at Spar & Bernstein can help with your case.
When Do You Need A Personal Injury Lawyer?
Legal representation is crucial in various scenarios involving injuries and losses caused by someone else’s actions or negligence.
Motor Vehicle Accidents
Motor vehicle accident cases arise when people suffer bodily injuries, property damage, or loss of life in collisions or incidents on the roadways, highways, or streets. These accidents can involve a variety of vehicles, including trucks, buses, and other types of automobiles.
Motor vehicle accidents may occur due to various factors, including:
- Distracted driving
- Speeding
- Reckless behavior
- Impaired driving, such as driving under the influence of alcohol or drugs
- Poor road conditions
- Poor weather conditions
- Vehicle defects
Personal injury lawyers specializing in motor vehicle accidents investigate the accident’s circumstances, gather evidence (such as police reports, witness statements, and medical records), and assess liability.
Construction Accidents
Construction accident cases arise when a construction worker or a non-employee sustains injuries at or near a construction site. A construction accident case may be filed against construction companies, contractors, subcontractors, property owners, or government agencies.
The most common causes of construction accidents include:
- Scaffold and leather malfunctions
- Defective equipment
- Falling objects
- Electrical issues
- Trench issues
- Exposure to toxic materials
Personal injury lawyers experienced in handling construction accidents investigate the circumstances leading to the accident, assess liability, and pursue compensation for medical expenses, lost wages, and pain and suffering.
Product Liability
Product liability cases arise when a consumer sustains injuries due to a faulty or dangerous product. In this case, a legal claim may be brought against a manufacturer, seller, or distributor of the product.
Product liability cases may encompass different products, including:
- Faulty automobile parts, such as airbags and brakes
- Unsafe consumer electronics, such as overheating devices and exploding batteries
- Defective medical devices, such as malfunctioning implants and faulty surgical equipment
- Defective children’s products, such as unsafe toys and cribs with faulty mechanisms
- Dangerous pharmaceutical drugs, such as medications with undisclosed side effects
Personal injury lawyers who specialize in product liability cases investigate the product’s design, manufacturing process, and marketing to determine liability and seek compensation for their clients’ injuries.
Nursing Home Negligence
Nursing home negligence cases arise when residents in nursing homes or long-term care facilities suffer harm or injuries due to substandard care or neglect. A nursing home negligence case may be pursued against nursing homes, caregivers, or staff members.
Nursing home negligence can include:
- Inadequate supervision leading to falls or injuries
- Failure to prevent or treat bedsores (pressure ulcers)
- Failure to respond promptly to medical emergencies or changes in health status
- Physical or emotional abuse by staff members
- Failure to provide adequate medical care and attention
- Failure to provide proper hygiene and sanitation
- Medication errors or improper administration of medication
- Violation of residents’ rights, such as restraining residents unnecessarily
Personal injury lawyers specializing in nursing home negligence cases investigate inadequate medical care, medication errors, and abuse, and advocate for the residents’ rights.
Medical Malpractice
Medical malpractice harm is due to the negligent behavior of a healthcare professional. The responsible parties in a medical malpractice case may be doctors, nurses, hospitals, or other medical professionals.
Medical malpractice can include:
- Surgical errors, such as wrong-site surgery or leaving foreign objects inside the body
- Misdiagnosis or delayed diagnosis of a medical condition
- Administering the wrong medication or dosage
- Birth injuries caused by medical negligence, such as cerebral palsy due to oxygen deprivation
- Hospital-acquired infections due to inadequate sanitation or hygiene practices
- Inadequate monitoring of patients during or after surgery or medical procedures.
Personal injury lawyers specializing in medical malpractice cases work with medical experts to review medical records, identify instances of negligence, and seek compensation for the patient’s injuries and losses.
Wrongful Death
Wrongful death cases arise when a person dies due to the negligent or intentional actions of another party. These cases can result from car accidents, medical malpractice, workplace accidents, etc.
Personal injury lawyers handling wrongful death cases seek compensation for damages to support the deceased’s family. This includes funeral expenses, lost income, loss of companionship, and emotional distress.
How To Find A Personal Injury Lawyer In New York City
If you are looking for a personal injury lawyer in New York, consider these resources:
- Legal directories: Legal directories provide comprehensive lists of attorneys, along with their practice areas, professional achievements, contact information, and often client reviews. To find legal representation in NYC, check legal directories such as Martindale-Hubbell, Avvo and FindLaw.
- Referrals: Referrals from trusted sources, such as friends, family members, or other attorneys, can be a great way to find a reputable personal injury lawyer in New York. Personal recommendations provide insights into the lawyer’s communication style, approach to work, and overall satisfaction with their services. Also, reaching out to other attorneys who specialize in different areas of law can be helpful, as they often have professional networks and can recommend colleagues with the right expertise.
- Legal websites: Legal websites offer information about lawyers and law firms, including their practice areas, case results, and client testimonials. They feature frequently asked questions about various legal issues. In New York City, legal websites like Lawyers.com, Nolo, and the New York State Bar Association’s website can help you search for lawyers by location and practice area, read attorney profiles, and contact lawyers for consultations.
- Bar associations and legal aid organizations: Bar associations and legal aid organizations in New York City, such as the New York City Bar Association and the Brooklyn Bar Association, offer resources and referrals to people seeking legal assistance. In addition, legal aid organizations like Legal Services NYC and the Legal Aid Society may also provide low-cost or pro bono legal services to people who cannot afford private representation in personal injury cases.
- Online reviews: Online feedback from past clients offers valuable perspectives on a personal injury attorney’s reputation, case history, and client satisfaction. To find a personal injury lawyer in New York, check online review platforms, such as Google Reviews, Yelp, and Avvo.
- Testimonials: Besides review platforms, you can also read feedback from previous clients on the law firms’ individual websites, which often showcase successful case outcomes.
How To Choose A Personal Injury Lawyer In New York City
After narrowing down your options to a few law firms, the challenging decision is choosing the one that can lead your case to a favorable resolution.
- Expertise: Find a lawyer specializing in personal injury cases. They’ll have a thorough grasp of New York laws and the intricacies of such cases. Whether it’s medical malpractice, product liability, or workplace accidents, opt for an attorney experienced in cases like yours.
- Experience: Choose a law firm with a long history in personal injury law and a proven track record of successful outcomes. Ask about their experience in settlement negotiation and court litigation, as both are crucial skills in personal injury cases.
- Fee structure: Before entrusting your case to the firm, ask about the lawyer’s fee structure. Many personal injury lawyers operate under contingency fee basis arrangement, meaning they only get paid if they win your case. Be clear about the percentage of the settlement the firm will take as their fee if and when they resolve your case. Ask about any extra fees or charges that you might need to cover. If you have visited several law firms, compare the fee structures to make sure you are getting fair and competitive terms.
- Track record: Check the lawyer’s track record of success in handling personal injury cases. Look for information about significant settlements or verdicts obtained on behalf of their clients.
- Approach: During your initial consultation, evaluate the lawyer’s communication style, compassion, and ability to relate to your situation. Choose a lawyer who is responsive to your concerns and involves you in the decision-making.
Do You Have A Personal Injury Case? Contact Spar & Bernstein
Are you looking for a law firm with expertise in personal injury, decades of experience, transparent fee structures, a proven track record of success, and an empathetic approach? The Law Offices of Spar & Bernstein meet all these criteria.
We have 60+ years of experience in handling personal injury cases and a rich portfolio of success stories in various fields of personal injury law, from construction accidents and nursing negligence to car accidents and product liability.
We do not require upfront payments and our initial consultations are free. This allows you to assess whether we are the right choice for you without any financial obligations.
Our tenacious attorneys handle each case with care and compassion, making sure your needs and concerns are our top priority throughout the legal process.
How To Choose A Lawyer For Personal Injury: FAQs
If you still have questions on how to find the best personal injury lawyer, explore our FAQs section below.
What are the criteria to have a valid personal injury case?
To have a valid personal injury case, you must prove that the at-fault party owed you a duty of care, breached that duty, directly causing your injuries or damages.
Can I switch lawyers if I am unhappy with my current representation in NYC?
Yes, you have the right to change lawyers at any point during your case if you are dissatisfied with their handling of it. However, it is important to consider the potential impact on your case’s progress and to share your concerns with your new lawyer.
Can I negotiate directly with the insurance company without hiring a personal injury lawyer in New York?
While you have the right to negotiate directly with the insurance company, be aware that they may try to reduce the settlement amount. An experienced personal injury attorney can help you navigate negotiations and secure maximum compensation for your injuries.