Filing a Personal Injury Claim in the Bronx
How Wolf & Fuhrman LLP Can Help You Get Back on Your Feet
After a serious accident or devastating injury, it can be difficult to know what to do next, to know where best to turn. How will you be able to pay your medical bills? What if you have to take time off work, and you aren’t paid for weeks or months? Who is legally responsible for your physical, emotional, and financial losses? What do you do if your loved one did not have a will? Should you give a statement about how your injuries occurred to your insurance company or to the insurance company of the responsible party? What type of doctor will best help in your recovery? How will you pay the doctor? These are a few of the types of questions and problems we can help take off your hands, so you can concentrate on the recovery of your health and wellbeing.
At Wolf & Fuhrman LLP, we are here to provide the answers and guidance you need. We have been proudly serving families in the Bronx since 1991, offering experienced and compassionate legal representation in complex personal injury matters. We understand the challenges you are facing, and we know how to help.
If someone else was responsible for the incident that left you injured or resulted in the death of your loved one, you are likely entitled to compensation for your medical bills, lost wages, pain and suffering, and other damages. You should not have to suffer the consequences of another person or party’s negligence on your own. At Wolf & Fuhrman LLP, we believe that everyone deserves justice, and our lawyers are ready to fight for you and your recovery.
Our doors are always open. Visit our office or call us at (718) 717-1191 to set up a free initial consultation with one of our personal injury lawyers in the Bronx.
On This Page:
- Should You File a Personal Injury Claim?
- When to File a Personal Injury Claim
- What is the Statute of Limitations in NY
- Who Can Be Held Responsible?
- How We Can Help
Should You File a Personal Injury Claim?
If you have been injured due to anyone’s carelessness, you may be wondering: Is it worth filing a personal injury claim? After all, the idea of hiring an attorney and navigating the legal process when you are already dealing with the aftermath of the incident/accident can seem overwhelming.
However, if you have suffered a serious injury that has impacted your life in any way, it is worth filing a claim and seeking compensation. An unexpected injury can lead to significant financial hardships, from exorbitant medical bills and future care costs to lost wages from time taken off work to recover. You may also need to have your personal property, such as a car, repaired or replaced. The costs of all this can quickly add up, placing undue financial strain on you and your family.
Most importantly, you deserve justice. When others are negligent or act wrongfully, they should be held accountable for the damage they cause. By filing a personal injury claim or lawsuit, you send a message that such conduct will not be tolerated, now or in the future.
When to File a Personal Injury Claim
Before filing a personal injury claim, you should first determine if you have grounds for a case.
To have grounds for a case based on negligence, you will need to prove the following:
As the person bringing the claim (known as the “plaintiff”), you have the burden of proof. This means that you are the one responsible for proving your claim. Our personal injury attorneys can handle every legal detail—from investigating the accident, to gathering evidence, to submitting paperwork, to enlisting the help of professional experts, to communicating with the insurance company—so you can focus on your physical recovery.
What Is the Statute of Limitations on Personal Injury Lawsuits in New York?
Like every other state, New York has a statute of limitations on personal injury cases. The statute of limitations refers to the amount of time you have to bring your lawsuit, and in New York (for cases resulting in personal injury as a result of negligence), it is three years from the date of injury.
There are many exceptions. Cases involving wrongful death, for example, have a two-year statute of limitations, and cases involving municipal defendants like the City of New York have a statute of limitations of one year and 90 days, as well as even more stringent notice of claim requirements. If you fail to bring your personal injury lawsuit within the applicable statute of limitations, you will almost certainly lose your right to sue the liable party for damages.
We encourage you to act sooner rather than later. Over time, evidence can be lost, witnesses will be harder to identify, and your case could become more difficult to prove. When you reach out to our Bronx personal injury attorneys, we will immediately begin investigating your case and putting together a powerful, evidence-based claim on your behalf. Our attorneys have personally visited accident scenes on many occasions, and we work with a team of experts, including accident reconstruction experts, engineers, and other types of expert witnesses when building cases. We leave no stone unturned when it comes to pursuing the maximum compensation you are owed.
Who Can Be Held Responsible For My Injury?
In some personal injury cases, it’s clear who is responsible for harm toward you. In others, you might be unsure, and you might even doubt you have a case because of this. New York also allows the defense of comparative negligence, where you may be deemed partially responsible.
- The person or party against whom you are bringing the claim (known as the “defendant”) owed you a “duty of care.” This means that they had a legal responsibility to follow the law, act responsibly, refrain from negligence, act carefully, or otherwise prevent foreseeable injury.
- The defendant failed to live up to their obligations or breached the duty of care, meaning they acted negligently, wrongfully, irresponsibly, or unlawfully. Note that in cases brought on strict liability, including labor law cases, you do not need to prove that the defendant was negligent to bring a claim as responsibility for the injury/negligence is presumed.
- You were injured and suffered measurable “damages,” or losses. These damages can be economic or non-economic in nature and may include things like medical expenses, lost wages, pain and suffering, emotional distress, disability, scarring, and/or the need for future care costs or assistance.
- Your injuries (and resulting damages) were the result of the defendant’s breach of the duty of care. In other words, the defendant’s negligent, careless, or wrongful conduct was a direct or substantial cause of your injuries and damages.
- Slip and Fall Accidents - Did you slip or fall as a result of something hazardous on someone else’s property? The property owner may be to blame, or in rarer instances, the city of New York could be held responsible.
- Car Accidents - In an accident that was not your fault, most of the time the other driver will bear responsibility. But other parties could be held responsible, including employers of taxi and rideshare drivers.
- Construction Accidents - Multiple parties are potentially liable, including property owners, employers, equipment manufacturers, engineers, and the construction company or construction contractors.
- Other Accidents - Our attorneys are happy to answer any questions about details of any recent accident you have experienced.