New York City Personal Injury Lawyers
EXPERIENCED ATTORNEY SERVING NEW YORK ACCIDENT VICTIMS
An unexpected injury can have a devastating impact on you and your family. For more than a decade, the Law Office of Michael H. Joseph, PLLC has vigorously represented people who have been hurt by the carelessness or wrongdoing of others. Dedicated New York City personal injury lawyer Michael H. Joseph offers personalized service to New York residents who were harmed as a result of a motor vehicle collision, truck accident, bus accident, construction accident, maritime injury, slip and fall, or medical malpractice. We also serve clients who were harmed or killed by a defectively manufactured consumer product, as a result of law enforcement misconduct, and by many other negligent actions. We provide skilled legal representation to accident victims in Manhattan, the Bronx, Brooklyn, Queens, New York, Rockland, Long Island, and Staten Island.
PURSUING COMPENSATION THROUGH PERSONAL INJURY CLAIMS
New York law allows the victim of an accident that was caused by another person or entity to pursue compensation for physical, emotional, and financial harm. In most cases, an injured person seeking compensation will file a negligence claim. In general, negligence is a failure to use the same level of care that a reasonably prudent person would use in similar circumstances. To recover in an injury lawsuit, a victim must demonstrate that:
- The defendant owed the victim a duty of care;
- The defendant breached that duty;
- The breach resulted in a foreseeable injury to the victim; and
- The victim suffered damages as a result of the injury.
For example, a truck driver has a duty to obey federal trucking laws while operating his or her vehicle. If a trucker violates these laws and causes an accident that harms someone, he or she may be liable for negligence. Similarly, a doctor must adhere to the prevailing standard of professional care in the relevant specialty when treating a patient. If a doctor fails to meet this standard, liability to the patient may result.
In most circumstances, the victim of an accident can enlist a New York City personal injury attorney to pursue damages for his or her lost wages, pain and suffering, medical treatment, property damage, and any other forms of harm arising from the injury. The time frame to file a negligence lawsuit in New York is normally three years. This is called the statute of limitations. If an accident victim fails to file a claim before the statute of limitations expires, the victim will be barred from recovering any damages. However, there are some important exceptions. For example, a medical malpractice claim must be filed within two and a half years from the last date of treatment by the negligent doctor. Likewise, for claims against towns, cities, counties, and public authorities, a notice of claim must be filed within 90 days, and a lawsuit must be filed within a year and 90 days.
New York uses a pure comparative fault rule in assigning damage awards. This means that someone who prevails in a negligence lawsuit may be entitled to recover compensation for any harm sustained, even if he or she was partially responsible for the accident. When this is the situation, a judge or jury will assign a percentage of fault to each party. The victim’s damages then are reduced by his or her percentage of fault.
Wrongful death occurs when someone is killed as a result of someone else’s carelessness or recklessness. In New York, the personal representative of the person who died may be entitled to recover for any damages that the decedent could have received had he or she survived. Such damages often include lost future earnings, any pain and suffering experienced prior to death, medical expenses, and funeral costs. Also, the next of kin can bring a suit for their pecuniary loss, which includes loss of financial support, and the value of education and guidance. Normally, a personal representative is the executor named in a deceased person’s will. If the decedent did not create a will, a personal representative may be appointed by the Surrogate’s Court. In most situations, a New York wrongful death case must be filed within two years after the appointment of an executor.