Clients are never charged for anything unless we win their case!
PERSONAL INJURY LAWYER BROOKLYN
Brooklyn has a population of 2.6 million, which makes it the most populous of New York City’s five boroughs, and that also means that there is a greater likelihood of accidental injuries. In fact, in a collected data range from August 2012 to March 2018, there were 259,537 traffic accidents in Brooklyn alone. And car accidents only account for one way that people get hurt. When you combine other types of injuries like medical malpractice, slip and fall injuries, negligent security, et cetera, the injury data goes up.
What Happens When You’re in an Accident?
Notable Personal Injury Statistics in Brooklyn
From 2016 to the beginning of 2020, Brooklyn has had the most accidents reported out of any borough, coming in with a total of 186,821 crash events logged in the NYC Open Data Portal. For comparison, the next borough with the highest accidents reported is Queens, with a total of 163,738 crash events logged. Within these 186,821 crash events, there were over 52,000 injuries reported and 180 deaths. Additionally, there were 5400 crashes that resulted in injured cyclists and over 11,000 pedestrian injuries. While this data is only in regards to car accidents, you can imagine that the numbers are even greater when accounting for all types of personal injuries.
If you were one of these people who were injured, or if one of your loved ones was killed in an accident that someone else caused, then you may be entitled to more compensation than the insurance company would like you to believe. As you can imagine with these staggering numbers of injuries in Brooklyn, insurance companies work aggressively to limit the amount of money that they pay out for any one claim. Working with an attorney is one way to make yourself heard during your own claims process, instead of just being another number in a spreadsheet to the massive insurance company.
Types of Personal Injury Lawsuits
If you’ve been injured in an accident, you should retain the services of a Brooklyn personal injury lawyer who has specific experience with your type of case. Some of the areas of practice where our firm has extensive litigation experience include:
MOTOR VEHICLE COLLISIONS
Even a minor rear-end accident can result in soft-tissue damage or whiplash, which can require a lengthy recovery period. A more serious crash might lead to life-altering injuries or even a wrongful death case. If you’ve been hurt in a car crash, you should act immediately. Physical evidence on the roadway or video surveillance footage may be lost with time, just as the memories of key witnesses can fade over time. The sooner your attorney is involved, the greater the likelihood that they will have access to the evidence they need to build a strong case for your recovery.
SLIP AND FALL (PREMISE LIABILITY)
The term “slip and fall” not only refers to accidents where someone falls on a premise, but to most accidents that occur when a person is injured while visiting property that’s under the control of another. The owners or custodians of private property and public spaces have a responsibility to the safety of anyone they allow to visit. That means that floors should be free of substances or obstructions, electrical wires should be contained within the floors and walls, et cetera. Should a hazardous situation arise, the owner or manager should take measures to warn guests and to rectify the situation. If an injury occurs as a result of their negligence, their insurers should be held responsible for the claim.
MEDICAL MALPRACTICE
When you go to a doctor or medical facility, you have the right to expect a certain minimum standard of professional care and to be advised of any known risks. Doctors, nurses, and hospitals usually can’t guarantee your recovery or improvement, but they also shouldn’t order unnecessary and potentially harmful procedures. They should also, furthermore, be competent in executing the treatments that they recommend. If you’ve been to a doctor or medical facility and you believe that their care made your condition worse or failed to help you improve, you may have a medical malpractice case against those doctors. Call a medical malpractice personal injury attorney today.
CONSTRUCTION ACCIDENTS
According to OSHA, 60% of construction fatalities were caused by falls, struck by an object, electrocution, and caught-in/between. Construction accounts for one-in-five workplace deaths and it is the source of many, many more workplace injuries. Employers often attempt to alleviate their liability by claiming that construction workers are independent contractors, and therefore, aren’t entitled to the protections of a regular employee. Under New York state law, however, construction workers are considered employees unless they meet three very specific criteria:
- The worker is free from supervision while in the performance of their duties.
- The type of work being performed is unrelated to the type of work that the hiring business does.
- The worker has their own independent business.
In most cases, the construction worker is considered an employee of the contractor for purposes of liability and workplace injury litigation. If you’re injured while working in construction, contact an attorney immediately.
SECTIONS 240 AND 241, NY LABOR LAW
If you’re injured in a construction accident, you’re entitled to Worker’s Compensation benefits, but that’s rarely enough. For construction workers, however, sections 240 and 241 of the New York code hold contractors and building owners accountable for the safety of their premises. Consequently, if a worker is injured on a job site, they can sue for additional damages for things like lost wages, diminished earning capacity, and pain and suffering.
WRONGFUL DEATH
The surviving family members of individuals who were killed in an accident can often pursue justice through the New York civil court system. Nothing can undo the pain of losing a loved one, but it’s important to hold the responsible parties accountable for such an egregious oversight.
Common Injury Types
Accidents are unpredictable, and the injuries that can result from an accident that qualifies as a personal injury have a wide range depending on things like the nature of the accident, the severity of the accident, and more. However, the following are a few common injuries that are compensated in personal injury cases in Brooklyn and the rest of New York City:
TRAUMATIC BRAIN INJURIES
Traumatic brain injuries can be life-changing, and even fatal in certain cases. If you suspect that you have suffered any degree of brain injury, it is absolutely essential that you see a doctor immediately in order to have brain scans done and identify the necessary courses of action. Brain injuries are sometimes known as “silent killers” because people may feel like they should just “shake it off” or ignore it. In the past, concussions were simply regarded as “getting your bell rung,” and victims were encouraged to work through it. We now know that this is the exact opposite of what a victim should actually do.
BROKEN AND FRACTURED BONES
A fractured bone is a lot more obvious than a traumatic brain injury, and also needs to be treated with similar urgency. These can result from a variety of impacts, such as a slip and fall on an icy walkway or broken stairway, a car accident, cycling injury, and more. Once a bone is placed in a cast, the recovery process can have a serious impact on your earning ability and your day to day life.
WHIPLASH
Whiplash is a soft-tissue injury sustained in many different accidents, typically car crashes that involve the head being jerked forward, down, and then back in one rapid “S” motion. During this motion, the muscles, tendons, and other tissues are stretched violently, causing tears and inflammation that lead to painful stiffness, trouble sleeping, decreased mobility, headaches, and more. The most effective method for recovery is keeping the head still and supported while these tissues repair themselves.
Frequently Asked Questions About Brooklyn Personal Injuries
The following are just a few of the common questions that we answer during our free initial consultations with prospective clients. Keep in mind that these are intended to provide you with an overview of the answer and that your specific situation will have it’s own specific answers as well.
WILL I NEED TO FILE A LAWSUIT FOR MY BROOKLYN PERSONAL INJURY?
The majority of personal injury cases are settled before further legal action is required, and although there is no guarantee that your case will be settled, the odds are in your favor. We will need to get into the details of your accident and injuries before making a better determination of the likelihood that we can reach a settlement agreement, but fortunately, nearly 95% of cases are settled before trial. However, keep in mind that even filing a lawsuit does not mean that you will need to ultimately go to trial.
SHOULD I ACCEPT THE SETTLEMENT OFFER FROM THE INSURANCE COMPANY?
Under no circumstances should a victim in a personal injury case EVER accept an offer from the insurance company without first consulting with an attorney. Insurance companies focus on limiting the amount of money that they pay out for any individual case, and you can be certain that the claims adjuster assigned to your case will be looking for every way to limit the payments that you receive. We will help you negotiate what your situation deserves.
HOW MUCH IS MY CASE WORTH?
In order to truly understand the value of a personal injury case, there are many different factors that we will need to go through. The basis of your damages will be economic, meaning that they are measurable by actual dollar values and can be compiled with receipts, invoices, income statements, and other documentation. From there, we will need to quantify your non-economic damages in order to ensure that you are taken care of properly.
Personal Injury Litigation Attorneys for Brooklyn, NY
For nearly 100 years, the New York City Law Firm of Rosenberg, Minc, Falkoff, & Wolff LLP has been assisting the victims of accidents in their fight for full compensation after an accident. If you’ve been injured in an accident that was someone else’s fault, you deserve remuneration for your injuries and expenses. Call our Brooklyn law office to schedule a free consultation with a veteran attorney.