Personal Injury Lawyer

New York Personal Injury Attorney

Personal Injury Lawyer New York

If you sustain an injury in a car accident, slip-and-fall incident, or at work that was not your fault, you have the right to pursue fair compensation for the damages. Whether you attempt to negotiate with insurance companies or file a lawsuit, personal injury lawyers from Abrams & Associates, P.C. can help you navigate the complexities involved in pursuing a claim.

Personal injury laws in New York are complex, and often multiple factors determine the potential outcome of your case. We break down the legal jargon to help you understand how the laws affect you. You can count on us to be there for you every step of the way.

When You Should Hire Personal Injury Lawyers

When You Should Hire Personal Injury Lawyers

Anytime you have an accident resulting in injuries, you don’t need to go alone. A lawyer experienced in handling personal injury cases may improve your chances of reaching a satisfactory outcome. When you need the best personal injury attorneys in New York, our team is here to help. If someone else’s negligence causes your injuries, hiring an experienced Queens personal injury attorney may mean the difference between fair compensation and a rejected claim.

Before you discuss your case with the insurance company, consult with an attorney who can examine the evidence and determine the merits of your case. You can count on an experienced personal injury lawyer at Abrams & Associates, P.C.  to provide you with an honest assessment of your case’s strengths and weaknesses and tell you about your available options. Without a clear understanding of the weaknesses, the other party’s insurance company or attorney can easily discount your claim.

Establishing liability, whether with the insurance company or in court, rests on the injured party. It’s up to you to prove that the other party caused the accident that led to your injuries. Even if you think liability is evident, the law is not always clear-cut, and it doesn’t always benefit the claimant. Let an attorney from a personal injury law firm deal with the insurance company or the defendant’s lawyers.

Why You Need New York Personal Injury Lawyers After a Car Accident

In 2019, New York had 11,389,158 vehicles registered in the state, with countless other out-of-state cars on the road. Accidents are inevitable, and they are a risk every driver takes when they get behind the wheel.

While many collisions are fender-benders, others result in injuries and fatalities. In 2019, there were 6,765,000 car crashes, 1,916,000 resulting in injuries for 2,740,000 people. 33,344 accidents led to fatalities, and a total of 36,096 people lost their lives.

In 2021, 8,454 collisions occurred on New York roads, with 3,097 resulting in injuries or fatalities. The top accident causes that year included:

  • Distracted driver in 2,331 accidents
  • Failure to yield in 718 accidents
  • Following too closely in 592 accidents
  • Improper passing or lane usage in 447 accidents
  • Traveling at unsafe speeds in 341 accidents

In each of these cases, the driver could be responsible for causing injuries to vehicle occupants, motorcyclists, bicyclists, or pedestrians. Car accidents can be traumatic and costly, leading to long-term injuries, emotional challenges and financial hardships. Insurance coverage may not be enough to cover the damages you incur in a collision. When you work with a Manhattan personal injury attorney from Abrams & Associates, P.C., you get the best representation for pursuing car accident claims.

New York's No-Fault Insurance Regulations

Almost every state requires its residents to demonstrate financial ability to pay for damages in a car accident they cause. Most of the time, people obtain car insurance to fulfill their obligation. New York requires minimum insurance coverage that provides no-fault personal injury protection (PIP), liability coverage, and uninsured and underinsured motorist coverage.

No-Fault PIP

The no-fault auto insurance regulation means that if you sustain injuries in a collision, you must file a claim with your provider, regardless of who is at fault. Even in these cases, a New York personal injury lawyer can negotiate your claim, potentially improving your chances of getting a fair settlement. The lawyers at Abrams’s personal injury law firm understand the law and how the insurance companies operate.

New York requires drivers to carry PIP protection that covers medical expenses up to $50,000 per person for you, any passengers, and pedestrians for when a car accident results in injuries. Though you pay for insurance protection, the insurance company is not interested in ensuring you receive a fair settlement. They look out for their interests, paying out as little as they can. They may offer you a quick payment in hopes that you will want the cash in hand quickly. Let the team at Abrams & Associates, P.C. handle the negotiations with the insurance company.

New York's No-Fault Insurance Regulations

Personal Injury Lawsuit for a Car Crash

If medical expenses and related costs exceed PIP limits, the state allows accident victims to pursue a lawsuit. In a personal injury lawsuit, you must demonstrate that the other party was at fault and that their negligence led to the accident that caused your injuries. 

An attorney with experience in car accident lawsuits can assess your total damages, including:

  • Medical expenses, both current and future
  • Physical therapy and rehabilitation
  • Counseling and mental health therapies
  • Lost wages and reduced work capacity
  • Pain and suffering

You may not realize how quickly these expenses add up. Any settlement offer from the insurance company is unlikely to account for all the damages. Working with the best personal injury lawyer in New York provides you with the support and experience you need to build a solid legal case.

Personal Injury Lawsuit for a Car Crash

Injury Threshold in Car Accident Cases

Before you can file a legal claim for a car accident, this state requires that you meet an injury threshold. Experienced personal injury attorneys help you determine whether your injuries satisfy the legal threshold. The law states that car accident injuries must result in one of the following:

  • Permanent limb injuries
  • Broken or dislocated bones
  • Disfigurement
  • Body function limitations
  • Total disability for a minimum of 90 days

At Abrams & Associates, P.C., we help our clients gather the evidence they need to establish that they meet New York’s personal injury threshold for car accident lawsuits.

We treat our clients with respect, offering personalized services to meet individual needs. If you sustain an auto collision injury, you deserve a team that listens to you and looks after your best interests. The attorneys at Abram’s personal injury law firm are here for you.

New York's No-Fault Insurance Regulations

How an Abrams & Associates, P.C. Lawyer Can Help in a Slip-and-Fall Case

Falls were the leading cause of nonfatal accidents in 2019. That year, 8,049,881 people had a slip-and-fall accident that led to an injury. Falls also caused more fatalities that year than almost every preventable accident, accounting for 23% of all accidental fatalities. 

Poisoning is the only category that led to more deaths in 2019. Slip-and-fall accidents are one of the leading workplace injuries that result in missing work time, second only to overexertion. In 2019, slips, trips and falls while on the job caused approximately 244,000 employees to take time off work, and 85,560 of those required a trip to the emergency room.

While these types of accidents often occur in the workplace, they can happen anywhere. When they occur on someone else’s property, and the property owner’s negligence is responsible for causing the fall, personal injury victims have the right to seek compensation for damages. Proving liability in a slip-and-fall accident is notoriously tricky. A personal injury attorney from Abrams & Associates, P.C. provides the experience and knowledge you need to establish liability.

Legal Definition of a Slip-and-Fall Accident

Slip-and-Fall Accident Lawyer

Slip-and-fall accidents are a component of premises liability law. The best personal injury lawyer has an in-depth understanding of this law and how to establish negligence in a slip-and-fall claim. When you file a claim for this type of accident, it is still a personal injury case, but you must prove negligence under the framework of premises liability.

Property owners owe visitors a duty of care. They must provide an environment safe from hazards. However, the existence of a hazard does not automatically make the property owner or manager liable for your accident. Property owners, their insurers or their attorneys are not likely to volunteer an admission of responsibility. When you sustain injuries on someone else’s property due to negligence, the burden of proof rests with you.

Evidence of Negligence in Slip-and-Fall Cases

Evidence of Negligence in Slip-and-Fall Cases

There are two aspects of negligence in these types of cases. The first has to do with your presence on the property, and the second is about the property owner’s actions or inactions. Working with lawyers from personal injury law firms with a track record of litigating slip-and-fall cases may improve your chances of establishing both elements for an insurance claim or a lawsuit.

Insurance companies are well versed in New York’s premises and personal injury laws. They know what to expect if a claim goes to court. As such, they have the same expectations of proof before they even begin settlement negotiations in a slip-and-fall claim.

Your Presence on the Property

Though New York law requires owners to maintain a safe environment, the rule only applies to those visiting the property with the actual or implied consent of the property owner or manager. When you work with a personal injury attorney from Abrams & Associates, P.C., your lawyer can help you establish that your presence on the property was legal. You must demonstrate that you were a guest or visitor.

The law exempts owners from a legal duty of care for trespassers or those permitted to engage in recreational activities. If you participate in activities such as hiking, canoeing, hunting, horseback riding or snowmobiling, the property owner does not need to ensure the property is safe from hazards, even though the property owner permits you to be there.

Property Owners' Actions or Inactions

Establishing the first component in a slip-and-fall accident is usually more straightforward than the second. Still, the best personal injury attorney in New York knows what it takes to prove that property owners were negligent in their duty of care. There must be evidence that a dangerous condition existed and that the property owner, manager or employee either knew that the dangerous situation existed but did nothing to address the hazard, should have known about the danger, or created the hazardous condition that led to your accident. You must also prove that:

  • The hazard led to the accident that caused your injuries
  • A visitor could not have reasonably anticipated the dangerous circumstances
  • Your behaviors or actions did not cause the accident

Though property owners cannot simply claim that they did not know about the hazard, it can be surprisingly challenging to establish that they knew, should have known or created the dangerous conditions.

The attorneys at our personal injury law firm know how frustrating a slip-and-fall case can be. These accidents can exact a physical and emotional toll, and the last thing you need is the worry that comes with trying to prove liability. Let our team do the legwork required to gather evidence of negligence. Your personal injury attorney keeps you apprised of the progress as the team works to construct a solid claim for you.

What Our Personal Injury Law Firm Does for Workers' Compensation Cases

Personal Injury Law Firm NY

Your personal injury claim falls under New York’s workers’ compensation regulations when you sustain an on-the-job injury. These cases present challenges for employees who often don’t receive the support they need to file a claim successfully. Work injuries are common, and sometimes these accidents have devastating consequences.

Approximately 1.2 million U.S. workers sustained nonfatal injuries while performing their job duties in 2019. That same year, the New York Workers’ Compensation Board handled 181,560 claims for on-the-job injuries. Filing a claim with your employer does not guarantee you get the results you deserve. Hiring the best personal injury lawyer from Abrams & Associates P.C. may improve your chances of a satisfactory settlement.

New York's Workers' Compensation Law

According to New York’s Workers’ Compensation Law, most businesses must carry workers’ compensation insurance for their employees, even if the employee is a family member. While the law requires employers to carry insurance, it also prohibits employees from filing a lawsuit against the business for a personal injury sustained at work. It doesn’t matter if the employer was negligent in their duty of care responsibilities. All personal injury claims go through the company’s workers’ comp insurance provider, with one exception: third-party liability claims.

Third-Party Personal Injury Lawsuits

If you sustained injuries in an accident while on the job and a third party’s negligence caused the accident, you do have the option to file a lawsuit if your injuries meet the legal requirements. These cases often arise when employees have an auto accident while performing their job duties. As with other car accident cases, your claim must meet the legal guidelines for filing a personal injury lawsuit after a collision.

A personal injury attorney from Abrams & Associates, P.C. can evaluate the specifics of your case to determine whether your case meets the legal criteria. Our personal injury law firm offers free consultations, so there is no risk in getting the information you need before pursuing further action. If you decide to pursue a lawsuit and would like us to represent you, you can do so with the peace of mind that comes from knowing that you don’t owe us a dime if we don’t win your case.

Workers’ Compensation Claims

If you have an on-the-job accident that results in injuries, you file a worker’s compensation claim with your employer. Workers’ compensation insurance providers must provide a standard set of benefits, including health care, lost wages, and survivor benefits. The insurance company won’t pay you the entire amount of the wages you lose; you only receive a percentage based on the severity of your injuries.

Additionally, you can’t collect unless you miss more than seven workdays or your injuries result in lower pay because you can’t work either the same job or the same number of hours. The best personal injury lawyer for workers’ comp claims can help you get the benefits you deserve. Don’t leave your case in the hands of the insurance company. Let Abrams & Associates, P.C. handle the negotiations.

When you leave your compensation to the insurance company, you may not get the level of compensation your injuries warrant. Fair settlement often requires negotiations with the workers’ comp insurance provider. Let our team gather the evidence you need to support your claim and deal with the provider. Employees often receive workers’ compensation settlements in a lump sum; you should receive an amount that reflects the true cost of your injuries. Let a personal injury attorney from Abrams & Associates, P.C. go to bat for you.

What You Need To Know About New York's Personal Injury Law

Multiple laws impact personal injury cases in New York. Where and how you sustained harm determines which specific laws affect you. However, in every case that involves a claimant filing a lawsuit, New York’s comparative fault law determines how courts establish fault and how much a claimant collects in damages. Abram’s personal injury law firm team works to build a case that places the blame squarely in the defendant’s corner.

Pure Comparative Fault

This state operates under the guidelines of comparative fault theory. It is one of 12 states that have a pure comparative fault law versus a modified comparative fault law, which is good for plaintiffs seeking compensation in a lawsuit. When a case goes to court, a judge or jury examines evidence from both sides and attributes a percentage of fault to each party. If the court decides that you contributed to the accident that caused your injuries, making you partially at fault, all is not lost.

After the judge determines damages, you receive a percentage of the whole based on how much fault the court assigns the defendant. If the court decides the defendant is 100% responsible for the accident, you receive full compensation. On the other hand, if the defendant is 30% at fault, you collect 30% of the damages. The best personal injury lawyer works to get you as close to 100% as possible. When you hire an Abrams & Associates, P.C. attorney, you can count on our team to aggressively pursue total compensation for your injuries.

Statute of Limitations

The other critical law for personal injury lawsuits in New York is the statute of limitations, and a personal injury attorney can help ensure you don’t miss this stringent deadline. People who sustain injuries due to someone else’s negligence often want to wait until after medical treatment ends to file a lawsuit, or they engage in a lengthy battle with the insurance company. They risk missing the deadline for filing a legal personal injury claim in both instances. In New York, you have three years from the date of the accident to file a personal injury lawsuit.

What a Personal Injury Law Firm Does for You

When you hire a law firm with attorneys who have experience dealing with insurance companies and handling personal injury lawsuits, you get the support you need to fight for fair compensation. From the moment you enter our doors until you reach a satisfactory settlement, you receive the effort and attention your case deserves. Our attorneys:

  • Provide legal advice and counsel
  • Gather evidence and supporting testimony
  • Determine the full extent of your losses, including pain and suffering
  • Negotiate with insurance companies and attorneys for a fair settlement
  • Represent you in court if needed

While a substantial majority of personal injury cases never see the inside of a courtroom, hiring a lawyer to fight for you may improve the likelihood of you getting the settlement you deserve.

Where To Find a Personal Injury Attorney Who Looks Out for You

New York Personal Injury Attorney

At Abrams & Associates, P.C., we work hard to remove the stress of dealing with insurance companies and the legal system, so you can concentrate on attending to your health. We treat every person who walks through our doors with the individualized attention and respect they deserve. Let us reduce your burden. Get in touch with us today for a free consultation with a personal injury attorney. We don’t get paid unless we win your case.