New York Injury Attorneys Serving the Bronx
Personal injury law exists to protect people who are negligently injured by another, and a New York City personal injury lawyer is your greatest advocate when pursuing compensation for your losses. Since the burden of proof will always lie with the plaintiff under these circumstances, seeking the counsel of an attorney who is experienced in the subtleties of the law will be in your best interest.
Personal injuries can take many forms, affecting a victim physically, emotionally, and financially. No matter the specifics of the situation, if you’ve been injured due to another person’s negligence, you should not have to pay for the damage done. That is precisely why personal injury law exists—to assist victims in pursuing just compensation for their injuries.
If you have been injured due to negligence and feel you have a sound personal injury claim, call Maggiano, DiGirolamo & Lizzi at (212) 543-1600 for a FREE consultation. Our New York City personal injury lawyers will fight for the compensation you deserve.
What Is Personal Injury Law?
First, it is important to understand what negligence entails, as it is the foundation of personal injury law. If a person fails to behave in the manner of a reasonable person in a given situation, whether by action or inaction, that person is considered negligent.
A personal injury is an injury that results from said negligence. This injury may be physical, emotional, or reputational. Personal injury law is the civil remedy a victim may have against the negligent party in an attempt to recover just compensation for their injuries.
Establishing the negligent party in a personal injury claim isn’t always straightforward. However, an experienced New York City personal injury lawyer will have the insight and resources to investigate your claim, identify the responsible party, and pursue the appropriate compensation.
What Are the Types of Personal Injury Cases We Accept?
When a party fails to use the ordinary prudence of a reasonable person and their actions result in your injury, you may have a personal injury claim. The details of these claims range drastically in nature, but they generally fall under some common types of personal injury. These include but are not limited to:
- Car accident
- Truck accident
- Construction accident
- Premises liability
- Product liability
- Motorcycle accident
- Nursing home abuse & neglect
- Brain injury
- Catastrophic injury
- Workers’ compensation
- Burn injuries
- Medical malpractice
Have you sustained an injury because of someone else’s carelessness? Are you wondering if you have a strong personal injury case? Get in touch with Maggiano, DiGirolamo & Lizzi for a FREE consultation. Our New York City personal injury lawyer will aggressively pursue your rightful compensation.
What Is the Most Common Type of Personal Injury Claim?
Car accidents are the most common personal injury claim by far. In 2020, the National Highway Traffic Safety Administration (NHTSA) recorded 1,593,390 police-reported vehicle traffic crashes involving injury. Shockingly, that exorbitant number was significantly lower than the previous 6 years due to the pandemic. The sheer number of car accident injuries each year accounts for a substantial number of personal injury claims.
Do I Have a Valid Personal Injury Claim?
A successful personal injury claim will prove that the negligence of another caused your injury and losses. As the onus lies squarely with the plaintiff in these types of cases, you will need to provide proof of your injuries and losses and that the defendant is the party responsible.
A personal injury lawyer has years of experience and the vast resources necessary to build a successful case. If you suspect you have a claim, contact Maggiano, DiGirolamo & Lizzi for a FREE consultation. We can evaluate your claim, ensure its validity, guide you through the process, and pursue compensation on your behalf.
Insurance companies will not consider your interests as you navigate your claim. When you are trying to heal and get back to who you were before the accident, the intricacies of the law are the last thing you want to spend your energy on. Hire a capable attorney to advocate for your rights.
What Are the 3 Types of Damages a Personal Injury Victim May Receive?
Damages are the monetary compensation that an injured party is entitled to under the law when their injuries are due to another party’s negligence. There are three main types of damages that are considered in a personal injury case: economic, noneconomic, and punitive.
Both economic and noneconomic damages are considered compensatory. Compensatory damages compensate the plaintiff for losses related to the injuries that resulted from the defendant’s negligence.
Economic damages are also referred to as actual or special damages. These are quantifiable, verifiable losses that the plaintiff has suffered. When assembling your case, you will want to make sure to save any documentation or receipts related to the claim to prove these losses.
Some examples of economic damages include:
- Medical expenses (past, ongoing, and future)
- Rehab or physical therapy
- Medicine & prescriptions
- Mobility aids & home modifications
- Lost wages & benefits
- Diminished or lost earning potential
- Property damage
- Replacement costs (lawn maintenance, childcare, household chores)
Noneconomic damages are also referred to as general damages. These are more subjective, as they deal with non-monetary losses. Though not as easy to prove and assess, general damages are just as legitimate as actual damages.
Some examples of noneconomic damages include:
- Pain & suffering
- Mental anguish
- Loss of enjoyment of life
- Loss of consortium
- Permanent disfigurement
- Reputational damage
A third category of damages is punitive damages. It is incredibly rare to see punitive damages awarded in a personal injury case. These damages are not compensatory. The goal of awarding punitive damages is to punish the defendant for their egregious behavior and deter other parties from behaving similarly in the future.
Over the years, Maggiano, DiGirolamo & Lizzi has collected more than $300 million in compensation for our clients. We believe that personal injury victims should not have to struggle with financial hardships on top of the physical and emotional pain they may be suffering.
No two personal injury cases are alike. We need to evaluate your claim to give you an idea of the specific damages you may be able to pursue compensation for. Don’t hesitate to reach out to a New York personal injury lawyer. We can help you navigate the complexities of your case.
It was a pleasure having Maggiano, DiGirolamo & Lizzi take on my case. After a car accident left me jobless for several months, they helped get me back on my feet. They went above and beyond the call of duty!
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 am writing this review on behalf of my mother, Darlene LaVella, who does not have a Facebook. ‘Chris DiGiralamo was an excellent advocate in my negligence case. His confidence, professionalism and kindness made this difficult process easier for my husband and myself. The same for his support team. Marisol Suarez was always there via phone, email or text helping me to navigate the difficulties of Workers Comp in addition to the negligence case and Karen Sanchez, who recommended the firm to me, was invaluable in helping with video & pictures. I thank you all here, publicly, and recommend this firm highly for any legal needs.’
What Is the Personal Injury Claim Process?
Though every personal injury claim is completely different, there are some basic steps in the process. Each step comes with its own complications. Having the knowledge of a New York City personal injury lawyer working on your behalf will be an incalculable asset.
The steps in the personal injury claim process consist of:
In addition to an initial claim evaluation, your attorney will need to investigate the circumstances of your case. In the process, evidence will be collected and a determination of fault will be made.
2. Issuing a Demand
The compensation a plaintiff receives for their losses is usually paid through the defendant’s insurance. This could be car insurance in the case of a crash, homeowner’s insurance in a premises liability claim, workers’ compensation insurance when the accident occurred at work, and so on.
Once the liable party or parties have been identified, your personal injury lawyer will establish what insurance coverage is available. Then, a demand letter will be issued to that insurer explaining the cause of action and the damages being sought.
3. Settlement Negotiations
Insurance companies tend to want to settle—and quickly. A speedy settlement often means that the injured party hasn’t been able to consult a lawyer on the appropriate amount of compensation. It also means that the full extent of their injuries has yet to become apparent.
A settlement doesn’t require the time and money that goes into a trial. With the insurance company’s bottom line at the forefront of their minds, insurance carriers would much rather negotiate than litigate. It is crucial to attain the services of a practiced negotiator when discussing a deal with an insurance company.
Many personal injury cases will never reach the litigation phase. However, in certain instances, it is worth it to pursue your legal rights and just compensation. After filing the lawsuit, your attorney will begin to prepare your case for trial. Settlement negotiations may continue throughout the process. However, building a solid case is essential should a settlement fail to be reached.
If you go to trial, your personal injury attorney will handle your case, calling witnesses and presenting evidence to support your claims. Should a verdict be reached in your favor, the compensation will ideally exceed what was offered in the settlement process.
Succeeding at trial requires a skilled trial lawyer. At Maggiano, DiGirolamo & Lizzi, we have a proven track record of success advocating for our clients’ rights.
How Long Does a Personal Injury Lawsuit Take in NYC?
A common question from our clients is, “How long will my lawsuit take?” As we’ve said before, due to the unique nature of each personal injury claim and the multitude of factors involved, it is impossible to estimate how long a case will take to resolve. On average, a claim can take a few months to several years to resolve.
Most personal injury cases will be settled before they go to trial. Trials will typically take far longer to resolve, though the compensation usually exceeds a settlement’s. Plaintiffs will often settle to get their compensation faster. An experienced New York personal injury lawyer will be able to go over the pros and cons of a settlement with you, allowing you to make an informed decision.
How Soon After My Injury Should I File a Lawsuit?
It is always important to pursue your case as soon after your injury as possible. Each state has its own statute of limitations on filing a personal injury case. You may also need to file police reports, workers’ compensation claims, or accident reports with an insurance company (among other tasks). Handling things swiftly will preserve evidence and protect your case from being tossed out on a technicality.
Statutes of limitations will also vary depending on the type of personal injury you’ve suffered. For instance, in New York, the statute of limitations on car accidents, negligent emotional distress, product liability, slip & fall, and “other negligence resulting in personal injury” is 3 years from the accident date. However, the statute of limitations is 2 years in a wrongful death suit and 2 years 6 months in a medical malpractice case.
This may sound like plenty of time to assemble your case, but we urge you to remain vigilant. Time can go by so quickly, especially when you are trying to recover and get back to “normal” life. It will also take time to assemble your case. The more time that passes, the harder it will be to find reliable witnesses and evidence.
To avoid being barred from pursuing your case, contact a New York City personal injury lawyer as soon as possible. They can get the process started while you focus on healing from your injuries.
How Much Does A Personal Injury Lawyer Cost?
With Maggiano, DiGirolamo & Lizzi, you will receive a FREE consultation on your case. In this exchange of information, we will evaluate the validity of your claim and inform you what our firm can do for you. You needn’t worry about cost when you are struggling to heal and pursue financial compensation for your losses.
We handle all of our personal injury claims on a contingency fee basis. You will not need to pay any fees or costs unless and until we come to a settlement in your case or win at trial. Once you have received compensation, our fee will be a percentage of that recovery. You will not need to pay out of pocket for the services of our personal injury lawyers.
This contingency agreement ensures that you can focus on getting better while we build your case and fight for an optimal result. We understand what it can be like when you are injured, unable to work, and watching the bills pile up. Our goal is to find you relief and just compensation for your ordeal.
Hire a New York City Personal Injury Attorney Today—We’re Here to Help
At Maggiano, DiGirolamo & Lizzi, we are devoted to our mission of helping personal injury victims get the justice they deserve. If you’ve been injured due to the negligence of another party, you should not have to suffer the financial burden as well as the pain of your injuries. We will fight for your right to receive just compensation from the person or entity that caused your injury.
Contact us for a FREE consultation with a New York personal injury lawyer today. Let’s evaluate your claim to see if you have just cause to pursue compensation. We are here to help, and you will owe us nothing unless we settle or win your case.