New York City Personal Injury Lawyers Assist Those Injured Due to Someone Else's Negligence
Experienced Brooklyn firm pursues maximum victim compensation
When another party’s negligence, carelessness or recklessness causes you physical or mental harm, you deserve compensation. At Rubenstein & Rynecki in Brooklyn, New York, our personal injury attorneys have more than 30 years of experience fighting for victims in personal injury cases. We will fight for the maximum settlement or verdict possible given the facts of your case.
Types of damages you can receive
Personal injury law is designed to restore or “make whole” the accident victim. Since it’s impossible to undo the harm, those responsible for an accident must pay money damages for the victim’s losses. These damages fall into two main categories:
- Economic damages — These include bodily injury, lost income from missed work and diminished income from not being able to work in the future.
- Noneconomic damages — These include physical pain and suffering, mental anguish, loss of quality of life, loss of enjoyment of life and loss of consortium.
Without experience in the legal arena, it’s impossible to know how much you might recover in each category of damages. Our personal injury attorneys have the knowledge to help you collect the compensation you deserve.
How the extent of your injuries impacts your options
The severity of a victim’s injury determines the amount of compensation available, as follows:
- Minor injuries — Cuts and contusions require minimal medical attention and victims rarely lose work over them. We may recommend you file an insurance claim against the culpable party.
- Moderate injuries — With whiplash, sprains and strains, broken bones and lacerations, you can incur significant medical and incidental costs and lose work time as you convalesce. Getting an appropriate settlement from an insurance company can be challenging, and most claimants do significantly better when they retain legal representation.
- Severe injuries — Permanent harm such as traumatic head injury, paralysis or loss of limb can produce high expenses for a lifetime. These cases may require litigation to secure an award to cover past, current and future costs.
Our legal team thoroughly investigates every aspect of your personal injury case to determine the best path forward to achieving optimal results.
What is comparative negligence law?
A major factor in determining whether and in what amount you can recover damages in a personal injury case is the determination of each party’s degree of negligence. In cases where the injured party shares part of the blame for an accident, New York law allows that party to recover damages that are reduced based on his or her percentage of fault. For example, if you were in a car accident where a court determined you were 10 percent negligent, you could collect 90 percent of your losses from other at-fault parties.
What is the statute of limitations on personal injury claims?
The statute of limitations sets time limits for filing various types of lawsuits as follows:
- Personal injury — Three years from the date of injury
- Wrongful death — Two years from the date of death
- Medical malpractice — Two and a half years from the date of the medical error
- Products liability — Three years from the date of injury
- Premises liability — Three years from the date of injury
For latent injuries — those not immediately apparent — the statutory period begins running on the date you discovered or reasonably should have discovered you were injured. However, you may not be entitled to the full statutory period. For example, if a surgeon leaves a foreign object inside your body, you have only one year from the date of discovery to file a lawsuit. There are also different statutory limits for child victims.
When the defendant is a government agency, other limitations apply and deadlines are generally shorter.
What are the attorney costs in a personal injury case?
Personal injury attorneys are paid contingency fees, which are based on the amount of damages recovered. New York law sets guidelines for contingency fees as follows:
- 30 percent of the first $250,000 of the sum recovered
- 25 percent of the next $250,000
- 20 percent of the next $500,000
- 15 percent of the next $250,000
- 10 percent of any amount over $1,250,000
The sum recovered is the net amount of a settlement or court award after deducting certain expenses, such as:
- Expert testimony fees
- Investigation services
- Other professional services, such as economics experts who estimate damages claims
Attorneys cannot deduct liens, assignments or claims in favor of hospitals, medical care, dental care, podiatric care, doctor's and nurses' treatment, self-insurers or insurance carriers.
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Contact our NYC personal injury attorneys today
If you are suffering from a devastating injury, Rubenstein & Rynecki in Brooklyn, New York can provide the quality legal representation you need to pursue full compensation. Take advantage of a free consultation and get to know our skilled and dedicated attorneys. Call us at 718-522-1020 or contact our office online to schedule an appointment.