Personal Injury

Manhattan Personal Injury Attorney

A Compassionate Legal Team Helping Injury Victims Seek Compensation Through the Personal Injury Claims Process

If you have been injured as a result of another person’s negligence, you may be eligible for compensation for your pain, suffering, medical bills, and lost wages through a New York personal injury lawsuit.

Because there is a limited amount of time to file your claim, it is essential that you consult a Manhattan personal injury attorney as soon as possible.

A personal injury accident complicates lives. We handle the following types of cases:

  • Car Accidents and Other Motor Vehicle Accidents
  • Hit & Run Accidents
  • Hospital Negligence and Medical Malpractice
  • Pedestrian Accidents
  • Slip & Falls and Other Premises Liability Claims
  • Truck Accidents
  • Work Accidents
  • Wrongful Death

How Long Do You Have to File a New York Personal Injury Lawsuit?

In New York City, the statute of limitations for filing a personal injury lawsuit is generally three years from the date of the injury. However, there may be exceptions to this deadline depending on the circumstances of your New York personal injury case. It is wise to consult with a personal injury attorney as soon as possible to ensure you do not miss any important deadlines.

The statute of limitations for filing a medical malpractice claim differs slightly from most other personal injury cases in New York. For a medical malpractice case, you must file a claim within 2.5 years from the date that the medical mistake occurred. There is also a discovery rule, which can provide victims with additional time to file medical malpractice claims if they did not discover their injuries or illnesses until later. The New York discovery rule can apply to instances where foreign objects are left in the body (you have one year from the date where you knew or reasonably should have known about the foreign objects) and in cases where physicians fail to diagnose cancer (medical malpractice claims must be filed no later than seven years after the mistaken cancer diagnosis).

Failure to file your New York personal injury claim within the statute of limitations will likely result in you being barred from recovering compensation for your accident and associated injuries. It is essential that you speak with New York City injury attorneys about your case as soon as possible.

Can a New York City Personal Injury Law Firm Help You Recover Fair Compensation?

In a personal injury lawsuit, you may be eligible to seek various types of compensation, including medical expenses, lost wages, pain and suffering, emotional distress, and property damage. The specific types of compensation available to you will depend on the nature and extent of your injuries, as well as the circumstances of the incident. A personal injury attorney can help you determine the appropriate compensation to pursue in your case.

Financial compensation will be provided in the form of economic and non-economic damages.

Potential financial recovery may include the following:

  • Disability, dismemberment, or disfigurement compensation
  • Emotional distress and mental anguish compensation
  • Loss of companionship or consortium
  • Loss of enjoyment of life
  • Lost wages if forced to miss time from work, and lost income-earning capacity if unable to return to former place of employment
  • Out-of-pocket expenses related to the accident and associated injuries
  • Past medical bills and future medical expenses, including compensation for hospital stays, ambulance transportation, surgeries, medications, physical therapy, and more
  • Physical pain and suffering compensation
  • Property damage and repairs, such as instances of motor vehicle accidents
  • Wrongful death damages, which can include compensation for lost benefits, lost guidance, lost income, lost companionship, and financial compensation for funeral, burial, and memorial expenses

No two personal injury cases are ever exactly alike, and what one victim may recover in terms of a settlement could differ greatly from what someone else recovers in a similar sort of accident case. Typically, the factors that influence the value of your personal injury claim include the severity of your injuries, the necessity for long-term care, anticipated future medical expenses, lost earning capacity, and shared negligence.

In certain cases of extreme negligence or malicious intent, the court may also award punitive damages to the accident victims. Punitive damages are meant to punish the at-fault parties for egregious conduct and deter others from repeating similar acts. Not every New York personal injury case is awarded punitive damages. To learn more, please contact our New York law office today.

How Can You Prove Emotional Distress and Mental Anguish?

While it can be relatively easy to prove the severity of physical injuries, such as broken bones or facial disfigurement, it can be more difficult to prove to a judge and jury the severity of psychological trauma, mental distress, and emotional suffering. It takes the right personal injury lawyer to not only prove that the accident was the result of someone else’s negligence, but that the injured victim is suffering from pain we cannot see and has scars that may never heal.

New York personal injury lawyers will utilize various tactics to gather evidence that supports your claims of emotional distress, mental anguish, and psychological pain and suffering.

Working with professionals in mental health fields, as well as seeking the testimonies of the people who know you best, your attorney will attempt to paint a picture of how your mental well-being started going downhill as a direct result of the accident and the injuries sustained.

We understand that you are in pain. While insurance companies and others may attempt to diminish the severity of emotional trauma, we will not. We will treat your case with the dignity and respect it deserves in pursuit of a fair settlement for your injuries and suffering.

Do You Need the Legal Representation of an Experienced Personal Injury Lawyer?

While it is not required to hire a personal injury attorney, it is highly recommended. Personal injury cases can be complex, and insurance companies often try to minimize the amount they have to pay out in claims. An experienced personal injury attorney can protect your rights, negotiate with insurance companies on your behalf, gather evidence, assess the value of your claim, and navigate the legal process. They can also provide guidance and support during this difficult time.

The many benefits of retaining professional legal counsel include the following:

  • Thoroughly investigate the cause of the accident and any associated injuries or illnesses
  • Locate and analyze all past and present medical records, including notes made by your medical team about the injuries you suffered
  • Work with professionals to provide testimony about negligent behavior and mistakes made by the at-fault party
  • Ensure that all necessary procedural documentation and paperwork are compiled and submitted correctly
  • Work with financial experts and medical professionals to calculate the cost of ongoing medical expenses so that you can receive the financial compensation you require
  • Negotiate on your behalf with the insurance companies and take on the lawyers representing the defense who might try to shift the blame onto your shoulders or scare you into settling for less than what you deserve
  • Advocate for your legal rights both in and out of the courtroom if a trial becomes necessary

Remember, you do not need to go through this alone. Help is available.

Our full-service New York City law firm has extensive experience representing injured parties who are suffering through no fault of their own. As your legal representative, we will explore all the options to help you get the support and financial compensation you deserve.

Should You Accept a Settlement from the Insurance Company?

Accepting a settlement offer from an insurance company is a pivotal decision in any personal injury case. While it may seem tempting to settle quickly and move on, it’s crucial to assess the offer thoroughly with the guidance of a seasoned personal injury attorney.

Here’s why:

  • Understanding the Offer: Insurance companies often aim to settle claims for the lowest possible amount to minimize their financial liability. They may present seemingly attractive offers upfront, but these amounts might not adequately cover the full extent of your damages, including medical expenses, lost wages, pain and suffering, and future rehabilitation costs.
  • Consulting with Legal Counsel: Seeking advice from a Manhattan personal injury lawyer is essential before accepting any settlement offer. An experienced attorney can evaluate the offer in light of your case’s specifics, ensuring that you don’t settle for less than you deserve. They will negotiate with the insurance company on your behalf to secure a fair and just settlement.
  • Assessing Your Damages: Personal injury claims involve various types of damages, both economic and non-economic. Without a thorough understanding of your case’s value, accepting an offer hastily can leave you financially vulnerable in the long run. An attorney will carefully assess your damages and factor in future expenses to determine a fair settlement amount.

Remember, just because the offer is on the table does not mean you have to accept it. Insurance companies can almost always do better than their initial offers suggest. Instead of accepting the initial settlement offer, your NYC personal injury attorney will negotiate for more favorable terms in hopes of helping you get the sort of compensation you deserve for your claim.

Do You Have a Valid Personal Injury Claim?

Determining the validity of a personal injury claim requires a comprehensive examination of several key factors:

  • Duty of Care: Establishing that the defendant owed you a duty of care is fundamental to a personal injury claim. This duty varies depending on the circumstances, but generally entails exercising reasonable caution to prevent harm to others.
  • Breach of Duty: If the defendant breached their duty of care through negligent or reckless actions, they may be held liable for any resulting injuries. This breach could involve actions such as reckless driving, medical malpractice, or failure to maintain safe premises.
  • Causation: Proving that the defendant’s breach of duty directly caused your injuries is crucial. This requires demonstrating a clear link between their actions and the harm you suffered.
  • Damages: These are valid personal injury claims that involve measurable damages, such as medical expenses, lost wages, pain and suffering, and emotional distress.

At the Law Office of Julio E. Portilla, P.C., our philosophy is simple: all cases are handled personally by accident attorney Julio E. Portilla, our clients are kept informed of the status of their cases at all times, and we seek maximum results for every client, given the unique circumstances of each injury accident case.

From car accident cases to slip and fall injuries, our personal injury practice focuses on helping clients throughout the prosecution of their claims. Whether your case can be resolved by negotiating with an insurance company for a fair settlement or it requires us to go to trial to litigate on your behalf, we have what it takes to get the compensation you deserve.

To find out if you can file a claim to recover your losses, contact the Law Office of Julio E. Portilla, P.C., at 917-924-9790 to schedule your free case consultation.

Do NYC Personal Injury Attorneys Represent Wrongful Death Cases?

In the most tragic of circumstances, a serious accident could end the life of the victim. Either the victim may die at the scene of the accident, or they may ultimately perish from the severity of their wounds and internal injuries. In such cases, surviving family members and loved ones can file lawsuits on behalf of the deceased in pursuit of justice and fair financial recovery.

New York City personal injury lawyers represent wrongful death claims and the grieving family members seeking compensation. If the accident victim had been justified in filing a personal injury lawsuit had they survived the accident, then qualifying family members may have the ability to file a wrongful death claim. To ensure that you have the makings of a successful claim on your hands, we advise you to speak with our legal team for assistance.

In New York, only certain people can file a wrongful death lawsuit, including the surviving spouse of the deceased, parents who lost a child, and children who lost their parents. In some rare cases, other relatives or siblings may also be able to file a claim. If the individual filing a claim on behalf of the decedent is a minor, they may require the assistance of an adult guardian to file a legal action.

With a successful wrongful death claim, it is possible to recover medical bills that were paid prior to death, compensation for funeral expenses, lost financial support settlements, and financial recovery for non-economic damages like loss of companionship.

Did You Suffer a Serious Injury in a New York Car Accident or Other Type of Motor Vehicle Accident?

Immediately after an auto accident, it is important that you seek emergency medical attention. Failure to get medical care after a car accident could actually end up costing you, as insurance companies may view this lack of medical treatment as evidence that you did not suffer severe injuries.

Document the accident scene, such as taking videos and photos of any damage or injuries. Additionally, if there were witnesses to the crash, attempts should be made to get their information because eyewitness statements will be valuable to your personal injury attorneys. Insurance adjusters may insist on speaking with you when they arrive at the scene. Instead, direct them to speak with your attorney.

It can be challenging to navigate the complexities of car accident claims in New York City, especially when you are still recovering from serious injuries or costly property damage. An experienced car accident attorney can be valuable legal assistance to you throughout the process of filing your claim, seeking compensation, proving negligence, and more. Our law firm has the resources, experience, knowledge, and reputation to help you file successful claims in pursuit of fair settlements.

What is a Premises Liability Claim?

Premises liability claims have to do with injuries suffered while on the property of another individual or entity. In New York, property owners are expected to maintain their properties in conditions that are safe for lawful visitors. If this duty of care is not met and visitors or residents suffer injuries as a result, the property owners may be held negligent in a premises liability case.

Common examples of premises liability cases include the following:

  • Commercial building premises liability claims
  • Defective maintenance accidents
  • Elevator and escalator accidents
  • Landlord-tenant disputes
  • Sidewalk slip and fall accidents
  • And more

If you were injured on public or private property, we can explain your legal options for seeking compensation from negligent parties. To learn more, please contact us to schedule your free, no-obligation case evaluation with our legal team today.

Is There a Cap on Damages in Medical Malpractice Cases?

Medical negligence and malpractice cases are among the most difficult personal injury legal matters for victims and their families. We go to doctors and surgeons and put our lives in their hands, and sometimes, they have butterfingers. What’s worse is when we entrust the lives of our loved ones to careless doctors or negligent hospital facilities. In such cases, victims and their family members deserve the right to hold at-fault parties accountable and seek financial compensation.

While some states across the country limit the amount of financial recovery, particularly in non-economic damages, that can be awarded in medical malpractice cases, New York does not.

In New York, victims with a valid medical malpractice lawsuit can pursue economic damages such as lost wages, medical expenses, cost-of-living expenses, and any out-of-pocket costs related to the injuries. Additionally, they can seek non-economic damages such as pain and suffering, diminished quality of life, disfigurement, disability, and emotional distress, without worrying about a cap on damages that they could potentially recover.

Schedule a Free Case Evaluation with an Experienced Manhattan Personal Injury Lawyer Today

In serious accidents, such as commercial trucking accidents, medical negligence accidents, and violent assaults, victims may suffer catastrophic injuries that forever alter their quality of life and their life expectancy. A traumatic brain injury, for example, leaves the accident victim permanently damaged and in need of long-term medical care. The accident victim should not be the party responsible for costly medical expenses associated with their new injuries or disabilities. Similarly, grieving families with wrongful death claims should not be the ones on the hook for funeral and burial expenses after losing a loved one. Instead, New York personal injury attorneys will do everything possible to prove negligence and liability in pursuit of the maximum compensation for your claims.

While most personal injury lawsuits are settled out of court, some go to trial. If your personal injury case ends up in court, you want an experienced personal injury litigation team representing your interests. Our New York City personal injury attorney is well-versed in proving negligence and seeking fair compensation for injured victims. To learn more about the benefits of retaining professional legal representation, contact our Manhattan law office to discuss your New York personal injury case in a free consultation today.

Call us at 917-924-9790.