New York Accident Injury Lawyer: Get the Compensation You Deserve
With decades of legal experience, we have the in-depth legal knowledge, skills, and resources needed to help those who have been injured fight for just compensation. At Simonson Goodman Platzer PC, we pay close attention to every detail of your case and prepare thoroughly to advocate for your complete financial recovery.
Our personal injury lawyer in New York has been successful in 98% of the cases they have handled and, to date, have recovered more than $200 million for their clients. We are known for providing our clients with caring, personalized support and for never backing down in the face of even the toughest of legal challenges.
WHAT IS A PERSONAL INJURY?
Personal injury law in New York encompasses legal disputes that arise when an individual suffers harm due to an accident or injury caused by someone else's negligence or intentional actions. This area of law allows injured individuals (plaintiffs) to seek compensation for their losses, including medical expenses, lost wages, pain and suffering, and other damages.
Common types of personal injury cases in New York include:
- Car Accidents: Cases involving injuries sustained in automobile collisions, often due to another driver's negligence.
- Truck Accidents: Injuries resulting from collisions involving commercial trucks, often due to factors such as driver fatigue, improper loading, or vehicle maintenance issues.
- Slip and Fall Accidents: Injuries that occur on someone else's property due to hazardous conditions, such as wet floors, uneven surfaces, or inadequate maintenance.
- Medical Malpractice: Claims arising from a healthcare provider's negligence, leading to injuries or worsening of a patient's condition.
- Product Liability: Injuries caused by defective products, such as malfunctioning machinery, unsafe consumer goods, or hazardous pharmaceuticals.
- Pedestrian Accidents: Cases involving injuries to pedestrians hit by vehicles, often due to driver negligence or failure to yield.
- Bicycle Accidents: Injuries sustained by cyclists due to collisions with vehicles, unsafe road conditions, or defective bicycle components.
- Premises Liability: Injuries occurring on someone else's property due to inadequate security, dangerous conditions, or lack of warning signs.
- Construction Accidents: Injuries suffered by construction workers due to unsafe working conditions, equipment failures, or employer negligence.
- Nursing Home Abuse/Neglect: Cases involving mistreatment, neglect, or abuse of elderly residents in nursing homes or care facilities.
- Wrongful Death: Legal actions brought by the family or heirs of an individual who died due to someone else's negligence or intentional actions.
In New York, personal injury cases generally involve establishing negligence by proving four elements: duty, breach of duty, causation, and damages. Plaintiffs must demonstrate that the defendant had a legal duty to act reasonably, failed to fulfill that duty, and as a result, caused the plaintiff's injuries or damages.
Get a Free Consultation with a Top New York Injury Attorney
Contact our New York personal injury attorney today at (800) 817-5029 to schedule your free consultation.
Understanding Your Rights after an Accident or Injury
In New York, personal injury laws are governed by statutes, regulations, and case law. These laws aim to protect individuals who have been injured due to the negligence or intentional actions of others. Here's an overview of personal injury laws in New York and common legal theories applied:
- Negligence: Negligence is the most common legal theory used in personal injury cases. It refers to the failure of an individual or entity to exercise reasonable care, resulting in harm to another person. To establish negligence in New York, the plaintiff must prove four elements: duty, breach of duty, causation, and damages.
- Strict Liability: In some cases, a person or entity may be held strictly liable for injuries caused by their actions, regardless of fault or intent. This typically applies in cases involving defective products or certain hazardous activities.
- Intentional Torts: Intentional torts occur when an individual intentionally harms another person. Examples include assault, battery, false imprisonment, and intentional infliction of emotional distress.
- Premises Liability: Property owners have a duty to maintain safe conditions on their premises. In New York, if someone is injured on another person's property due to hazardous conditions, the property owner may be held liable for negligence under premises liability laws.
- Medical Malpractice: Medical professionals are expected to provide a certain standard of care to their patients. If a healthcare provider fails to meet this standard, resulting in injury or harm to the patient, they may be held liable for medical malpractice.
- Wrongful Death: When a person dies due to the negligence or wrongful conduct of another party, surviving family members may file a wrongful death lawsuit to seek compensation for their losses.
Each year, thousands of people are injured or otherwise harmed as a result of entirely preventable accidents. These accidents can involve dog bites, slips and falls, car accidents, unsafe conditions in a building or on the street, or any accident in which someone else’s actions or negligence contributed to the conditions that led to the injury.
If you or a family member has been involved in an accident or was injured due to someone else’s negligence, you could be entitled to collect damages.
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$87 Million Work Accident Verdict
The firm won $87 million in the Bronx County Supreme Court for a laborer who was left paralyzed as a result of a work accident in March 2004.
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$4.6 Million Medical Malpractice Settlement
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$2.2 million Medical Malpractice Case
$2,200,000 recovery for a gastric bypass patient for the failure of her health care providers to timely diagnose and treat post-operative complications.
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$3.5 Million Lead Paint Poisoning
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$5.4 Million Personal Injury Settlement
Miguel Ortiz, a 45-year-old husband, and father of two had worked for the New York City sanitation department for many years. He knew his people and his trucks inside and out.
Let Us Fight For the Damages You Deserve
Damages in a personal injury case vary depending on the unique factors involved, but they often include the following:
- Medical Expenses: Special or economic damages encompass all medical costs incurred by the injured party as a result of the accident or injury. This includes expenses related to emergency room treatment, hospital stays, surgeries, doctor's visits, prescription medications, medical equipment, physical therapy, and any other necessary medical treatments.
- Lost Wages: When an injury prevents the injured person from working, they may be entitled to compensation for the income they would have earned during the period of incapacitation. Lost wages encompass not only the wages lost during the recovery period but also any future earnings that may be impacted due to long-term disability or reduced earning capacity.
- Property Damage: In cases where the injury involves damage to the victim's property, special damages may cover the cost of repairing or replacing the damaged property. This could include damage to vehicles in car accidents or damage to personal belongings in other types of accidents.
- Rehabilitation Costs: Following an injury, the injured party may require rehabilitation services to regain mobility, strength, and function. Special damages may include the expenses associated with rehabilitation programs, such as physical therapy, occupational therapy, speech therapy, and other forms of rehabilitation.
- Out-of-Pocket Expenses: Special damages extend to any additional out-of-pocket expenses incurred by the injured party as a direct result of the injury. This could include costs for transportation to medical appointments, home modifications to accommodate disabilities, necessary medical supplies or equipment, and other related expenses.
- Pain and Suffering: Pain and suffering refer to the physical discomfort, agony, and distress experienced by the injured person due to their injuries. This includes not only the immediate pain resulting from the accident but also any ongoing or chronic pain, discomfort, or limitations caused by the injury. General or non-economic damages seek to compensate the injured party for the pain and suffering endured, considering both the severity and duration of the pain.
- Emotional Distress: Emotional distress encompasses the psychological and emotional trauma suffered by the injured person as a consequence of the accident or injury. This may include feelings of anxiety, depression, fear, humiliation, and trauma resulting from the incident. General damages aim to provide compensation for the emotional distress and mental anguish experienced by the injured party, acknowledging the impact on their overall well-being and quality of life.
When you file a claim, you file it against the individuals, businesses, and/or government entities responsible for the accident/your injuries. Typically, this involves filing a claim with the insurance company that provides the at-fault person/party with liability insurance.
Why You Shouldn’t Trust the Insurance Company
Many insurance companies will try to discourage you from seeking professional legal help for personal injury claims because of the potential cost to them. Furthermore, insurance companies have trained adjusters and lawyers whose jobs are to settle your case for the least amount possible. Therefore, having experienced personal injuries attorneys aggressively pursuing your case is very important.
Here are several reasons why one might approach them with caution:
- Profit Motive: Insurance companies are profit-driven businesses. Their primary goal is to minimize payouts to maximize their profits. This means they might try to settle for less than what your claim is worth.
- Claims Denial or Delay: Insurers may deny valid claims or intentionally delay the claims process, hoping that claimants will give up or settle for a lower amount out of frustration or desperation.
- Lowball Offers: Insurance companies might make initial settlement offers that are significantly lower than what the claim is worth. They aim to resolve claims quickly and cheaply, often at the expense of the claimant's rightful compensation.
- Policy Interpretation: Insurance policies are complex legal documents. Companies may interpret policy clauses in ways that limit or deny coverage, leaving the claimant without the expected financial support.
- Surveillance and Investigation: Insurers often conduct investigations and surveillance on claimants. They may use this information to dispute the severity of injuries or the circumstances of the accident, potentially undermining your claim.
- Legal Tactics: Insurance companies have teams of skilled lawyers and adjusters who are experienced in handling claims. They might use legal tactics or pressure to manipulate claimants into settling for less than they deserve.
- Unfair Negotiation: There can be an imbalance of power during negotiations. Insurers, with their experience and resources, might intimidate claimants or use their knowledge to gain an upper hand in negotiations.
- Conflict of Interest: Insurance companies represent their own interests and the interests of their shareholders. Their priorities may conflict with the interests of the claimant, leading to disputes over compensation.
- Complex Processes: Dealing with insurance claims can be a complex and overwhelming process, especially for someone unfamiliar with legal and insurance procedures. This complexity can be exploited by the insurer to their advantage.
- Pressure to Settle: Insurers might pressure claimants to accept a settlement quickly, before the full extent of injuries is known. Once a settlement is accepted, the claimant usually forfeits the right to pursue further compensation.
The New York personal injury lawyers at Simonson Goodman Platzer PC have been representing victims of personal injury accidents for decades. Our attorneys can help you build a strong case and work to secure the maximum possible recovery, whether through a settlement agreement or litigation.
Client Testimonials
Hear What Our Clients Have to Say
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"Accommodating and Professional"The attorneys were kind, accommodating and professional. I couldn’t be happier with the settlement they achieved for me.Inbar V.
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"Totally Changed My Life"They have done an amazing job to win my case without even going to the court.Sezgin T.
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"Highly Recommend"Highly recommend!! I had the pleasure of working with Paul Simonson during the worst time of my life. He is knowledgeable, professional & he truly cares. When other attorneys turned down my case Mr. Simonson got results! I will be forever grateful.Dawn M.
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"I would highly recommend this firm."I would highly recommend this firm. Ted knows the law and did a great job.Dana
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"I Felt Comfortable and Supported"They were honest and clear about the process of bringing a lawsuit forward and managed my expectations.Nate G.
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"I Highly Recommend This Law Firm"Thank you, Mr. Goodman and Mr. Simonson very much for looking out for me and always having my best interest at heart!Naresh T.
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"The gratitude I feel towards them is immeasurable."Based on my experience with this firm, their name should be empathy, compassion and brilliance. Their kindness and attention to detail was second to none. I truly cannot say enough good things about Paul, Ted and this firm. The gratitude I feel towards them is immeasurable.Nic R.
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"There are no amount of words that can show how grateful I am for all they have done."Ted Goodman was amazing in the courtroom and eloquently argued my case. If I could give them 10 stars I would, they truly changed my life. There are no amount of words that can show how grateful I am for all they have done.Ashley W.
