Dedicated Personal Injury Attorneys Serving the Bronx & All of New York
When seeking a Bronx personal injury lawyer, understanding the critical role they play is essential for anyone who has suffered due to another’s negligence in New York City. Personal injury law safeguards victims’ rights, offering a pathway to just compensation for their losses. Navigating this legal landscape requires vast experience, particularly as the burden of proof lies with the plaintiff.
In the Bronx, where diverse communities and bustling streets are the backdrop for countless daily interactions, accidents and injuries are unfortunately not uncommon. In New York City, personal injury claims are a significant part of legal proceedings, emphasizing the need for skilled legal representation.
Injuries can disrupt lives. Whether you’re facing physical, emotional, or financial hardships due to an injury, the law is designed to support you. No victim should shoulder the cost of another’s negligence, and that’s precisely where personal injury law steps in.
The resilience of our clients constantly inspires us. That is why we fight with such devotion on their behalf. At Maggiano, DiGirolamo & Lizzi, we’re committed to advocating for your rights and pursuing the compensation you deserve.
If you’re in the Bronx and believe you have a valid personal injury claim, reach out to us at (212) 543-1600 or contact us online for a FREE consultation. Our team is ready to stand with you, fighting tirelessly as your Bronx New York personal injury lawyer.
What Is Defined as a Personal Injury?
In legal terms, personal injury refers to any harm suffered by an individual due to another’s negligence or intentional actions. This encompasses a wide range of injuries, both physical and psychological, resulting from various incidents such as car accidents, slip and falls, and workplace hazards.
Personal injury law, a branch of civil law, provides a legal framework for injured individuals to seek compensation from those responsible for their suffering. It’s built on the principle that those who suffer harm due to others’ carelessness or deliberate wrongdoing deserve to be made whole.
This law covers aspects like medical expenses, lost wages, pain and suffering, and emotional distress. By filing a personal injury claim, victims in the Bronx and beyond can pursue justice and financial relief for the burdens they have unjustly borne.
What Are the Elements of a Personal Injury Claim in New York?
A personal injury claim in New York hinges on establishing key elements to prove the case. These include:
Duty of Care
This involves showing that the defendant had a legal obligation to act with a certain level of care towards the plaintiff. For instance, a driver has a duty to operate their vehicle safely.
Breach of Duty
The plaintiff must demonstrate that the defendant breached this duty. In the case of a car accident, this could be running a red light or driving recklessly.
Causation
There must be a clear link between the defendant’s breach of duty and the injury sustained. The plaintiff needs to prove that the injury wouldn’t have occurred without the defendant’s actions.
Damages
The plaintiff must have suffered actual damages as a result of the breach. This can be physical injuries, emotional distress, financial losses, or a combination of these.
These elements form the foundation of a claim. Successfully proving them is essential for a claim to be viable. The assistance of a Bronx personal injury attorney is invaluable in building a foolproof claim.
What Are the Most Common Personal Injury Cases?
Personal injury cases can arise from various incidents. Some of the most common cases encountered in New York include:
- Car Accidents: Collisions involving cars, motorcycles, bicycles, and pedestrians.
- Slip & Fall Accidents: Incidents resulting from unsafe premises, like wet floors or uneven surfaces.
- Medical Malpractice: Injuries caused by healthcare professionals’ negligence or errors.
- Workplace Accidents: Injuries occurring in the work environment, often in construction or industrial settings.
- Product Liability: Harm caused by defective or dangerous products.
- Dog Bites: Injuries inflicted by dogs or other pets.
Each type of case presents unique challenges and requires a deep understanding of the applicable laws, making the knowledge of a Bronx personal injury lawyer vital in navigating these claims.
Our Practice Areas
When someone’s lack of reasonable care leads to another person’s injury, it’s often grounds for a personal injury claim. The specifics of these claims can vary widely, yet they typically encompass a range of familiar categories. These categories, while diverse, often include:
- Car accident
- Truck accident
- Motorcycle accident
- Construction accident
- Workers’ compensation
- Nursing home abuse & neglect
- Premises liability
- Burn injuries
- Brain injury
- Catastrophic injury
- Wrongful death
If you’ve been injured due to another’s negligence and are questioning the strength of your case, reach out to Maggiano, DiGirolamo & Lizzi for a FREE consultation. Our Bronx personal injury attorneys are committed to vigorously advocating for the compensation you deserve.
Mr. Michael Maggiano is an outstanding attorney who uses his many years of experience and wisdom to put forth a solid representation of his client. In my particular case, Mr. Maggiano showed compassion, caring, and commitment in order to bring about a successful resolution involving a local municipality. My case seemed to be unique in that it’s not often that there is a successful pursuit of justice when a municipality is involved. I was lucky to find Mr. Maggiano through the recommendation of other outstanding attorneys, and he certainly measured up to every expectation. Mr. Maggiano’s thoroughness and drive to seek a justifiable agreement in my favor cannot be under-stated; he met with me and my husband day or night, weekend or weekday; he always gladly returned calls and emails promptly. The devotion Mr. Maggiano and his staff displayed to us made us feel that we were his sole priority; simply stated he makes you feel special. While being reassuring and kind, Mr. Maggiano leaves no stone unturned in his research, preparation, and presentation. His vast knowledge works to his client’s advantage, and he is revered by fellow attorneys and judges in New Jersey and New York.
In addition, the staff at Maggiano, DiGirolamo, and Lizzi always represented the highest caliber of professionalism. Office staff, legal assistants, and the firm’s attorneys were always diligent while being respectful, polite, and caring. It is without hesitation that I give Mr. Maggiano my highest praise and recommendation.
I want to express my deepest appreciation to the firm “MAGGIANO, DiIGIROLAMO
& LIZZI P.C. and to Cristopher DiGirolamo, in particular, for professionally and timely manner. The most important result for me is the successful completion of the case.
I also wish to express my thanks to the paralegal Nirelly Echanique and to Katty, the nice lady at the front desk.
Without any hesitation, I would recommend your firm to others.
Many thanks for your fruitful work.
My experience with Maggiano office is incredible. I have been working with Michael’s firm for almost two years now and I always felt that they really cared for their individual client. Personally I loved that Michael would spend the time to get to know me as a person and care about my feelings and well being so he can truly protect me. Him and his firm is super kind and always willing to work with my demanding work schedule. They are very responsive and keep me in the loop of everything. I am very meticulous when it comes to follow up and getting tasks done in timely fashion.. and this firm definitely impressed me (and it is not easy to impress me).
If there is a family member or a friend looking for a law firm, I would recommend this firm in a heart beat.
Thank you very much to Michael and his team (especially Linda and Bernadette).
What Are the Damages in a Personal Injury Case?
In New York, personal injury cases encompass various types of damages aimed at compensating the victim for their losses. Understanding these can be crucial in evaluating the full extent of compensation that may be available to you.
Economic Damages
These are quantifiable financial losses that the victim incurs as a direct result of the injury. They represent tangible, out-of-pocket expenses and losses, including:
- Medical expenses (past and future)
- Lost wages
- Loss of earning capacity
- Rehabilitation costs
- Property damage
- Additional out-of-pocket expenses
Non-Economic Damages
These address the more subjective, non-monetary aspects of an injury’s impact. They compensate for intangible losses that significantly affect the victim’s quality of life, including:
- Pain & suffering
- Emotional distress
- Loss of consortium
- Loss of enjoyment of life
- Disfigurement
- Disability or impairment
Wrongful Death Damages
These are awarded in situations where negligence results in a death, offering financial relief and recognition of loss to the deceased’s family. This category includes:
- Funeral & burial expenses
- Loss of expected earnings of the deceased
- Loss of benefits caused by the victim’s death (e.g., pension, medical coverage)
- Loss of inheritance
- Value of goods & services the deceased would have provided
- Loss of parental guidance
- Loss of consortium & companionship
Each category of damages addresses different aspects of loss, from tangible financial burdens to more intangible personal suffering. In New York, personal injury law aims to ensure victims receive fair compensation that reflects the entirety of their experience. A Bronx personal injury lawyer is instrumental in identifying and quantifying these damages and will advocate for a settlement or verdict that truly compensates for the impact of the injury.
How Long Do You Have To File a Personal Injury Claim in New York?
The statute of limitations for filing a personal injury claim in the Bronx is generally 3 years from the date of the injury (New York CVP § 214). An action for wrongful death must be brought within 2 years (NY EPT § 5-4.1) It’s vital to adhere to this timeframe as failing to file within these time limits typically results in losing the right to sue.
Acting quickly in personal injury cases is important for several reasons:
- Preserving Evidence: Evidence can degrade or become lost over time, and witnesses’ memories may fade. Prompt action helps ensure that all relevant evidence is secured.
- Medical Documentation: Early legal involvement ensures that all medical treatments are documented correctly from the start, linking them directly to the incident.
- Dealing with Insurance Companies: Insurers often move quickly after an incident. Having a lawyer early on helps protect your rights during these initial interactions.
- Peace of Mind: Knowing your case is in the hands of competent Bronx New York personal injury attorneys allows you to focus on recovery without the added stress of navigating the legal process alone.
While the law provides a window, the practicalities of building a strong case often necessitate immediate action. Consulting with a Bronx New York personal injury attorney as soon as possible after an incident is a critical step in securing your legal rights and interests.
How Long Does It Take To Settle a Personal Injury Case in NYC?
The timeline for settling a personal injury case in New York City varies, often depending on several factors, including:
- Complexity of the Case: More intricate cases with disputed facts take longer.
- Severity of Injuries: Cases involving severe injuries may require extensive medical evaluation.
- Willingness to Negotiate: Settlement duration can be influenced by the defendant’s and insurer’s readiness to negotiate.
- Legal Procedures: Court schedules and procedural requirements can affect the timeline.
Each case is unique, and while some may settle quickly, others could take months or even years, highlighting the importance of having a skilled Bronx personal injury attorney to navigate these variables.
Verdicts and Settlements
$2,325,000 - Work Site Accident
To an HVAC worker who fell through an opening in a roof. The defense argued the opening was obvious and he should have watched where he was going. We proved that the unprotected opening was an OSHA violation and the worker was entitled to a reasonable cover to protect him from an inadvertent slip and fall as required by Federal regulations.
$500,000 - Medical Malpractice
To young man who while unconscious following pilonidal cyst surgery was caused to fall from operating table while unconscious, suffering tears of his labrum resulting in termination of his high school sports.
$2,500,000 - Motor Vehicle Crash
To a middle-aged tax preparer injured when a New Jersey Transit Bus struck his car in the rear after exiting the Lincoln Tunnel requiring two back surgeries following diagnose of aggravation of pre-existing stenosis and a herniated disc leaving him permanently disabled from his career and in need of Life Care Plan.
What Is the Average Payout for a Personal Injury Claim?
Determining an average payout for a claim is challenging due to the vast range of factors influencing each case. The settlement amount can significantly vary based on several factors, including:
- Severity of the injury
- Medical expenses
- Impact on the victim’s life and work
- Lost wages
- Pain & suffering
- Percentage of fault
Additionally, the victim’s legal strategy and their attorney’s negotiation skills play a critical role. While some cases may result in settlements of thousands of dollars, others—especially those involving severe or life-altering injuries—can reach figures in the millions. It’s important to consult with a Bronx personal injury attorney for an accurate assessment of your specific case.
How Do I Know If I Have a Personal Injury Claim?
Determining if you have a valid personal injury claim in New York hinges on a few key elements:
- Have you suffered an injury?
- Did another party’s negligence or intentional act cause that injury?
- Have you incurred losses or damages as a result?
Losses can include medical expenses, lost wages, or pain and suffering. Evaluating these aspects often requires legal guidance. Consulting with a Bronx personal injury lawyer can provide clarity on whether your situation meets the criteria for a claim and guide you on your next steps.
Do All Bronx Personal Injury Attorneys Charge the Same Fee?
Fees among Bronx personal injury lawyers can vary, but a common approach is the contingency fee structure. This means the attorney’s fee is contingent upon winning your case.
At Maggiano, DiGirolamo & Lizzi, we align with this practice. We don’t get paid unless we secure a win for you. Emphasizing our commitment to your cause, we offer a FREE consultation to evaluate your case.
This approach ensures that our services are accessible and helps to remove financial barriers to legal representation. Each client’s situation is unique, and our fee structure reflects a dedication to providing personalized, risk-free legal support.
Why Should I Hire a Personal Injury Lawyer?
Hiring a personal injury attorney is crucial for effectively navigating the complexities of legal claims. A talented attorney brings in-depth knowledge of laws and procedures, ensuring your rights are protected and your case is presented compellingly. They handle negotiations with insurance companies, gather and analyze evidence, and advocate on your behalf, significantly increasing the likelihood of a favorable outcome.
Moreover, a personal injury lawyer can accurately assess the true value of your claim, including factors like long-term impact and non-economic damages. Their know-how and experience help to ensure you receive fair compensation for your losses.
Maggiano, DiGirolamo & Lizzi Are the Bronx Personal Injury Lawyers for Your Case
At Maggiano, DiGirolamo & Lizzi, our commitment is steadfastly focused on championing the rights of victims. We firmly believe that you shouldn’t bear the financial strain on top of the physical and emotional suffering caused by another’s negligence. Our dedicated team is here to ensure that you seek the fair compensation you are entitled to for your injuries.
For a comprehensive evaluation of your claim, contact us online or call (212) 543-1600 for a FREE consultation with a skilled New York personal injury attorney. We’re here to provide the support you need, and our services come with a promise—you don’t pay us anything unless we successfully secure a settlement or win your case.
We proudly serve clients in the Bronx and throughout New York and New Jersey. Let us seek the justice you deserve today!
