At Sullivan, Papain, Block, McGrath, Coffinas & Cannavo, P.C., our personal injury attorneys are dedicated to helping accident victims secure compensation for any injuries they may have suffered due to the negligence of another party. Serious, life-altering accidents occur all the time in New York City, whether you’re living in The Bronx, Brooklyn, Manhattan, Queens, or Staten Island. We want to ensure you have the help you need to get back to your normal life as soon as possible.
If you or a loved one has suffered a serious injury in an accident in New York City, please contact us immediately to discuss your case. We are committed to fighting for your right to full and fair compensation.
Our dedication to helping those who have been wrongfully injured has given us a reputation for success and results in New York City and the five boroughs.
Sullivan, Papain, Block, McGrath, Coffinas & Cannavo, P.C. is a full-service law firm that focuses solely on personal injury cases. We have specialized in litigating claims in:
This specialized focus on only personal injury for more than 75 years has given us unique insights, knowledge of processes, and relationships with courtrooms and other expert witnesses.
New York’s personal injury laws govern how and when a claim should be filed, depending on the type of accident and the injuries sustained. In general, to prove a personal injury claim, you must prove that you were injured because of the defendant’s wrongful conduct. Although a personal injury attorney is in the best position to discuss the facts of your case and applicable laws, see below for some New York personal injury law basics.
If your personal injury stems from an automobile accident, or if you were struck by a vehicle as a bicyclist or pedestrian, New York’s no-fault laws will come into play. New York law provides that driver, passenger, bicyclist, and pedestrian injuries will be covered by the vehicle’s insurance, up to the policy limits, regardless of who was at fault for the accident. If the vehicle is uninsured or underinsured and all or some of your injuries are not covered, you may then be able to turn to your own insurance or a family member’s insurance for additional coverage.
In New York, car accident fault is only an issue if your injuries are ‘serious.’ If you have sustained serious injuries and someone else caused the accident, you may have a personal injury claim against the responsible party. Injuries that are classified as serious include the following: death, dismemberment, disfiguration, fracture, loss of fetus, limited or loss of use or function, or disability resulting in being unable to participate in day to day activities for 90 days or more in the 180 days following the accident.
Even if you were partially at fault for the accident that resulted in your injuries, you might still be entitled to recover compensation from another at-fault party, depending on the circumstances of your case. See below for more information on New York’s comparative fault law.
If you lost a loved one due to someone else’s fault, you might have a wrongful death claim for some of the losses that you have suffered as a result. These cases are emotionally difficult for surviving family members, but recoverable compensation can provide financial stability that may help you and your family as you go through the grief and healing process.
If your deceased loved one experienced losses, such as pain and suffering, medical bills, and lost wages, the estate representative may bring a survival action on behalf of the decedent to compensate the estate for those losses.
Personal injury cases are typically based on a standard of negligence, and plaintiffs must prove that the defendants’ conduct amounted to negligence in order to succeed in their personal injury claims. A finding of negligence involves proving the following four elements:
It is important to note that the state of New York is a comparative fault state regarding negligence. Sometimes more than one person is at fault for an accident that led to injuries and damages, and sometimes the injured party is partially at fault for the accident that caused the injuries or partially at fault for the extent and severity of the injuries. A common personal injury defense is that the plaintiff’s conduct caused or contributed to his or her own injuries and damages.
In these types of cases, the percentage of fault will be assigned to parties during trial, and the plaintiff’s compensation will be reduced by his or her assigned portion of fault. For example, if a pedestrian was sending a text message while crossing the street in a crosswalk and was struck by an automobile, the defendant driver might allege that the pedestrian was partially at fault for being distracted while crossing the street. If the plaintiff pedestrian sustained $100,000 in damages and was found to be 10% at fault for the accident, the pedestrian’s compensation will be reduced by 10% to $90,000.
The statute of limitations for personal injury cases in New York varies depending on the type and specific circumstances of your case. In general, injured parties have three years from the date of the injury to file a claim in New York. You will also have a shorter filing deadline if your case involves a government entity or medical malpractice claim. Because there are multiple circumstances and factors to consider in your claim, it is important to see an attorney as soon as possible after your accident. This ensures that you do not miss any applicable deadlines and ultimately lose your right to compensation from the responsible party.
Personal injury laws are complicated, and cases can be difficult to prove without an experienced New York personal injury attorney. As mentioned above, insurance companies are not on your side, and they often purposely undervalue personal injury plaintiffs’ claims to save money. Simply having an attorney correspond with insurance companies on your behalf is enough to prevent them from proposing any lowball offers. Our personal injury attorneys will help you calculate the true value of your case to help with insurance negotiations and case preparation.
Calculating the value of your claim may involve medical evaluations, expert opinions and recommendations, and discovering how your injuries will impact your future well-being and need for ongoing medical care. If your injuries will require future medical expenses and result in reduced earning capacity, those financial impacts need to be considered as part of your personal injury compensation.
They will also begin preparing your case for trial from day one because insurance negotiations are often much more productive and effective when they know you have a well prepared, trial-ready case. We know that most plaintiffs would prefer to settle their claims to avoid a trial, and our attorneys will work towards a settlement that fairly compensates you.
Every personal injury case is unique, and many factors impact the amount of compensation you will recover in your case. Potential damages for personal injury include the following:
If the defendant’s conduct was egregious, punitive damages may be awarded in New York personal injury cases, as well. Punitive damages are meant to punish defendants for their conduct and deter similar behavior in the future.
There is no exact set amount you are entitled to in a personal injury claim. Compensation can vary widely, depending on factors such as:
Consulting an experienced personal injury attorney is often the best way to get an accurate estimate of the damages you may recover in your personal injury claim.
The cost of a personal injury lawyer can vary widely based on your case, your injuries, and your circumstances. At Sullivan, Papain, Block, McGrath, Coffinas & Cannavo, P.C., we represent clients strictly on a contingency fee arrangement.
Under this agreement, there are no initial costs to retain an attorney – and there are no ongoing costs throughout litigations. All legal fees are advanced, and clients only pay any associated costs if we secure compensation for your case. If we don’t win, you don’t pay any money.
This arrangement allows those who have been impacted financially by a serious accident to receive the high-quality legal representation they deserve. Additionally, this empowers us to give the very best representation possible without being restricted by payments or legal costs.
If you or a loved one has suffered a serious injury due to the negligence of another, we want to help you today. Contact us for a free initial consultation and see how we can help you receive the compensation you need to get your life back on track.