New York City Personal Injury Lawyers

Personal injury law is a branch of civil law that allows individuals to seek compensation when they suffer harm due to another party’s negligence, recklessness, or intentional action.

If someone’s actions have caused you or a loved one to suffer injury, Silver & Kelmachter, LLP, can take legal action and help you obtain justice. With decades of experience supporting injury victims and their families, our attorneys have the experience and skills to fight for the best results.

Advocacy For A Broad Range Of Injuries In New York

We handle many types of injury claims, including those related to:

• Vehicle and pedestrian injuries: Drivers, passengers and pedestrians suffer serious injuries when hit by another car. These claims include public or mass transportation, commercial vehicle accidents or uninsured drivers.
• Slip-and-fall injuries: Wet floors, broken stairs, uneven surfaces, drainage grates, or unsafe conditions at gyms, theme parks, resorts, or workplaces hurt thousands yearly when they slip and fall. Property owners or employers may be responsible for these injuries.
• Nursing home abuse and neglect: Too many people provide poor care in nursing homes and harm society’s most vulnerable. You can defend older adults and those in need.
• Consumer product safety: Poorly designed, badly made, or mislabeled products can fail and cause serious harm. These injuries include harm from dangerous tools, equipment, or toxic substances like asbestos or food poisoning.
• Environmental health and toxic exposure: These claims include injuries caused by exposure to environmental toxins such as mold, lead, infestations or indoor air quality problems.

Our team is ready to support you with these diverse injury claims.

Establishing Liability In New York And Understanding If A Claim Is Viable

In New York, personal injury cases depend on establishing liability, which means showing that another party is legally responsible for the harm you suffered. This process is rooted in negligence law. To move forward with a claim, there must be clear evidence that someone failed to act with reasonable care and that failure directly caused your injuries.

To establish liability, four key elements must be proven:

• Duty of care: The at-fault party had a legal obligation to act safely. For example, drivers must follow traffic laws and property owners must maintain safe premises.
• Breach of duty: The responsible party failed to meet that obligation through careless or reckless behavior.
• Causation: There must be a direct link between the breach and your injury. It is not enough to show that negligence occurred – it must be the reason you were harmed.
• Damages: You must have suffered measurable losses such as medical bills, lost income or physical pain.

New York also follows a pure comparative negligence rule. This means that even if you are partially at fault, you may still recover compensation. However, your recovery will be reduced by your percentage of fault. Several factors help determine whether a claim is viable:

• The strength of evidence, including photos, medical records and witness statements
• Whether the injuries required medical treatment
• The extent of financial and nonfinancial losses
• Insurance coverage available to pay damages

Evaluating these elements early is critical. Our attorney can review the facts, identify weaknesses and determine if your case meets the legal threshold required to pursue compensation.

Damages Awarded In New York Personal Injury Claims

In New York, you can receive financial compensation even if you were partly at fault for the accident, thanks to comparative negligence. For example, if you were 20% to blame for a car accident, the law may still allow you to receive 80% of the compensation.

You may be able to recover compensation for:

• Pain and suffering
• Lost wages
• Medical bills
• Emotional distress
• Loss of enjoyment
• Loss of consortium

These compensation options help you recover and move forward.

Understanding How Compensation Is Determined In An NYC Personal Injury Lawsuit

Compensation in a New York personal injury lawsuit is intended to make the injured person whole, at least financially. The amount awarded depends on the specific losses suffered and the extent to which the injury has impacted the person’s life. Damages are divided into two main categories:

• Economic damages: These are measurable financial losses such as medical expenses, rehabilitation costs, lost wages and reduced earning capacity.
• Noneconomic damages: These include pain and suffering, emotional distress, and loss of enjoyment of life.

Several factors can increase the value of a claim:

• The severity and permanence of the injury
• The cost and length of medical treatment
• Whether the injury affects the ability to work
• The level of pain and disruption to daily life
• Clear evidence linking the injury to the incident

Insurance companies attempt to minimize payouts by disputing the severity of injuries or arguing partial fault. In New York, there is no fixed formula for calculating noneconomic damages, which makes strong documentation and legal representation especially important.

What Immediate Steps Should I Take After A New York Accident?

Accidents can overwhelm you, but knowing what to do keeps you safe and protects your rights. Here’s what to do:

• Seek medical help immediately: Put your health first. Visit a doctor, even if you feel okay, to help find hidden injuries and create medical records for your case.
• Photograph the scene: If it’s safe, take photos or videos of injuries, damage, and anything relevant to support your claim.
• Gather contact information: Collect the names and phone numbers of witnesses and others involved, such as drivers or pedestrians.
• Be cautious with statements before consulting a lawyer to protect your case.
• Contact a personal injury lawyer.

A skilled lawyer fights for you, ensures fair treatment and helps secure the compensation you deserve.

How Do You File A Personal Injury Claim In New York?

Filing a personal injury claim in New York involves several steps. The general process includes:

• Seeking medical attention: This creates a record of your injuries and connects them to the incident.
• Gathering evidence: Photos, witness information, police reports and medical documentation are essential.
• Notifying the at-fault party or insurer: This begins the claims process and may involve filing an insurance claim.
• Consulting an attorney: A lawyer evaluates your case and handles communication with insurers.
• Filing a lawsuit if necessary: If a fair settlement is not reached, your attorney may file a formal complaint in court.

Working with an experienced personal injury attorney helps ensure that deadlines are met, evidence is preserved and negotiations are handled strategically.

How Long Do You Have To File A New York Personal Injury Claim?

New York law imposes a strict time limit, known as the statute of limitations, for filing personal injury claims. In most cases, you have three years from the date of the injury to file a lawsuit. However, there are important exceptions:

• Claims against government entities: These often require a Notice of Claim to be filed within 90 days, with a shorter window to start a lawsuit.
• Medical malpractice cases: These have a two-and-a-half-year deadline, with some exceptions for delayed discovery.
• Cases involving minors: The statute of limitations may be paused until the minor turns 18.

Failing to file within the applicable deadline usually means losing the right to pursue compensation entirely.

What Are The Best Qualities To Look For When Hiring A New York Personal Injury Lawyer?

When evaluating a lawyer, consider the following qualities:

• Relevant experience: Look for a firm that has handled cases similar to yours and understands New York personal injury law.
• Proven results: A strong history of settlements and verdicts shows the ability to deliver outcomes.
• Clear communication: You should receive regular updates and straightforward explanations of your options.
• Resources and support: Complex cases often require expert witnesses, investigators and detailed case preparation.
• Client-focused approach: A good attorney prioritizes your needs and works toward the best possible result for your situation.

Beyond these qualities, it is important to choose a firm that is prepared to take your case to trial if necessary. Insurance companies can offer better settlements when they know your attorney is willing to litigate.

Start Your Path To Recovery With A New York Personal Injury Attorney

To discuss your injury, schedule a free consultation with our lawyers. Complete our online form or call our New York City office at 212-661-8400 to arrange yours.