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Getting in an accident can totally upend your life, leaving you with high medical bills and intense pain and suffering. At Dansker & Aspromonte Associates LLP, our personal injury lawyers in New York City advocate on behalf of the rights of victims. We believe that nobody should have to pay out of pocket for expenses due to the negligence of others or suffer injuries without fair compensation.
When you call us, we’ll provide a free case evaluation to discuss your legal options. Our firm works on a contingency-fee basis, meaning that there are no hidden fees or start-up costs when you work with us; we only get paid when you recover compensation. So, you can trust that a New York City personal injury lawyer from our firm will always pursue your best interests. We fight for you, so you can focus on your own recovery.
How Long You Have to File a Personal Injury Claim in New York
Every personal injury claim will have a time limit in which you can file, which is known as a statute of limitations. To understand how long you have to file your case after an accident in New York, you will need to speak to a personal injury lawyer about the specifics of your case. The sooner you reach out to us, the sooner we can begin building your legal strategy.
Our personal injury attorneys in New York City have helped injury victims in the state since 1988. Some of the types of cases we handle include:
- Serious injury and wrongful death
- Spinal cord and brain injuries
- Workplace and construction accidents
- Vehicle collisions and bicycle accidents
- Premises liability and sidewalk accidents
- Police and firefighter injuries
- Nursing home abuse and neglect
- Medical malpractice
You may have been injured in a case not listed above, but a New York City injury lawyer from our firm may still be able to help. Contact our office to discuss your legal options.
Connect With the Attorneys at Dansker & Aspromonte Associates LLP Today
Contact Dansker & Aspromonte Associates LLP for help today. We serve clients throughout the New York City Metropolitan area, including Manhattan, Brooklyn, the Bronx, Queens, Staten Island and Nassau, Suffolk, Westchester and Rockland Counties.
Innovative Legal StrategiesEach client that comes to our team gets a managing partner and trial partner dedicated to their case. We put our collective 100 years of experience behind your case to obtain the best possible outcome on your behalf.
Small Firm Dedication & FocusOur firm is different from most firms in our area in that we are a “boutique” type firm that is small enough to give personal attention to our clients and yet experienced and powerful with a reputation as a hard-hitting litigation firm.
Providing Answers & SolutionsOur team is committed to always being able to provide you with updates on your case and answers to your questions. This is your case and we want to be sure you are confident every step of the way.
Proven Record of SuccessDansker & Aspromonte Associates LLP has been advocating for the rights of the injured since 1986. We have the tools, resources, knowledge, and commitment to get you the best possible outcome.
When you work with the New York City personal injury lawyers at Dansker & Aspromonte Associates LLP, we will:
- Carefully and thoroughly investigate your claim
- Gather and preserve evidence of fault and injury
- Calculate your losses
- File your legal claim in a timely manner
- Keep you informed of any updates
- Consult experts to prove your case
- Handle all communications with the involved parties and their representatives
- Explain your legal rights
- Negotiate for an appropriate settlement amount
- Represent you in court and bring your case to trial before a jury if necessary
These are just a short list of the many things we will do during our handling of your case. If you specifically need other services than the ones we have listed here, please do not hesitate to ask.
The extent of your injuries, the type of accident you were involved in, and how it affected you financially, emotionally, and physically will influence the worth of your case. This makes it hard to assess your needs without the assistance of a Manhattan personal injury lawyer.
When your lawyers assess your damages, we will classify them into two categories: economic and non-economic. Note that the following lists are not exhaustive, as you might be able to claim other damages that you are not aware of yet.
Collectible Economic Damages After an Injury or Accident
The law entitles you to recover any financial losses due to the fault of another. We can determine the value of your economic damages by gathering bills and invoices, medical records, employment records, pension documents, and other documents.
Some of the most common types of economic damages include:
- Medical expenses: These costs might account for hospital stays, doctor’s appointment co-pays, medical devices, medication, and surgery.
- Lost wages: It’s possible that you had to miss work to tend to your injuries.
- Lost future earning capacity: Since you might not be able to return to the same job, you can sue for lost tips, commission, bonuses, hourly wages, vacation time, and business opportunities.
- Property loss: Your belongings or vehicle might have been destroyed or damaged when you were injured.
- In-home care costs: Sometimes, injured victims need assistance at home to take care of the house and their children.
- Burial and funeral expenses: If your loved one lost their life in the accident, you can recover the financial costs of the funeral and burial.
Typical Non-Economic Damages Stemming from an Accident
New York law also entitles you to recover non-economic damages resulting from the negligence of another.
Some of the typical non-economic damages you may be entitled to include:
- Pain and suffering: Your injuries cause you pain or other type of suffering
- Lost quality of life: You can’t engage in the activities you once enjoyed.
- Disability, disfigurement, and scarring: The accident might have changed your appearance or mobility.
- Loss of consortium: The injury may have affected your relationship with your spouse
- Loss of guidance, companionship, and affection: In the event of wrongful death, you are entitled to compensation for the loss of another’s guidance or support.
Even if you are not sure whether you have the right to bring a claim, you should speak to an experienced personal injury attorney immediately so that you ensure that your claim is filed on time. You don’t have forever to file for damages. New York State enforces strict timelines to bring a civil action. If you fail to file on time, you may be forever prevented from recovering the compensation you would otherwise be entitled to recover.
When there are questions of fault, both parties may have a share in the blame. Under New York law (N.Y. C.P.L.R. § 1411), the court uses a pure comparative negligence standard. This means that you can pursue compensation for your case even if the other party is only slightly negligent.
Under this standard, they split the percentage of fault between the two parties. Whatever compensation you get awarded gets reduced by that percentage. So, if you were awarded $100,000 but were found to be 50% responsible, you will only get $50,000.
Insurance companies will use this rule to reduce your compensation as much as possible. One of our jobs is to gather supporting evidence that shows that your share of responsibility, if any, is as small as possible.
A personal injury occurs when someone’s unsafe or unreasonable behavior causes you physical or emotional harm. That action is also referred to as “negligence.” In these situations, you can choose to pursue financial recovery for your injuries either through a lawsuit or an out-of-court settlement. The lawyers at Dansker & Aspromonte Associates can help you decide whether the unique facts of your case justify bringing a claim against the negligent person or organization.
The following types of injuries may qualify you for an award of damages for pain and suffering:
- Physical pain
- Emotional pain
- Psychological trauma
- Loss of enjoyment of life
- Permanent disability
- Disfiguring scarring
- Inability to perform activities of daily living
These categories of harm could include several specific conditions and are based on the unique facts and circumstances of your case. Our lawyers will gather evidence from medical experts and your own testimony to build your claim to obtain full and just monetary compensation for pain and suffering.
If you have been seriously injured by the fault of another, you have the right to claim fair and just financial compensation for each and every aspect of damage you sustained. In order to build the strongest case, however, there are actions you can take immediately after your accident that help to build your case, preserve evidence, and assist your lawyers in fighting for you. After your accident, follow this simple advice:
- Call the police or have someone call for you
- Request medical attention
- Identify names and contact information of any witnesses
- Take photographs of the scene of your accident
- Take photographs of your injuries if they are visible
- Do not give any statements to representatives of the at-fault party
- Follow all medical instructions
- Do not minimize your medical injuries
- Do not post on social media about your accident or injuries
- Retain copies of any medical records or receipts for out-of-pocket expenses
- Call the lawyers at Dansker & Aspromonte Associates
To recover compensation on behalf of our clients, we must prove negligence using four elements to build a successful personal injury claim:
- Duty of Care: It must be shown that the defendant owed you a duty of care. For example, a driver has a duty to abide by all traffic rules and adapt their driving to the road conditions. Keeping you and all other people on the street safe is their duty.
- Breach of Duty: It must be shown the defendant breached that duty. For example, when a driver drinks and drives, they have failed to uphold their duty of care.
- Causation: It must be shown that this breach of duty of care was a substantial factor in causing the accident and, ultimately, your injuries.
- Damages: Your lawyer will also need to show that you have sustained financial and non-financial losses because of the accident.
It might be difficult to pinpoint how the negligent party breached their duty of care, but leave that job to your New York personal injury attorney.
We can gather and present evidence such as:
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