New York City Personal Injury Lawyers

To successfully resolve your personal injury claim, you must prove that the defendant caused your injury. As such, you, the plaintiff, must prove the following four elements of negligence to recover in your case:

1. Duty of care: The defendant had a legal obligation to treat you with care and in some cases protect you from harm.
2. Breach of duty: The defendant breached their duty by acting or failing to act a certain way.
3. Causation: The defendant’s breach of their duty by acting or failing to act caused your injury, whether it was bodily harm or harm to your property.
4. Damages: You must prove that you suffered bodily harm or harm to your property to receive compensation, known as “damages,” from the responsible party. Damages can include lost wages, medical bills, pain and suffering, loss of consortium, property damage, and more.

What to Do After Suffering an Injury

Many times, victims are caught off-guard upon getting injured. They may feel confused, hurt, and overwhelmed by their situation, which may inhibit them from being mindful of how to handle their incident. This is understandable, however, failing to follow certain steps may hurt the chances of recovering a high settlement.

That’s why our personal injury attorneys in New York City advise you to consider the information below to enhance your claim:

Get medical help: You should seek medical attention right away, regardless of if you feel injured or not. Oftentimes, underlying injuries such as internal bleeding and inflammation develop after an injury but go undetected without the proper medical screenings and treatments. With this in mind, you are advised to seek medical help immediately after you sustain your injury. Your medical bills, prescriptions, and referrals will also serve as evidence in your personal injury claim.

Call the police: File an accurate police report to strengthen your claim. Not only will it serve as evidence of your incident and injuries but also get the authorities involved. They may be able to serve as witnesses should your case go to trial. Remember, gather the names and badge numbers of any police officer who arrives at the scene.

Document the scene: Evidence of the accident scene is crucial to your personal injury claim in New York City. As such, you should write down the responsible party’s contact details, insurance information, and driver’s license information, in addition to the names and contact information of any witnesses at the scene. In addition, you should compile the following types of evidence to strengthen your case:

• Pictures and videos of the accident scene
• Pictures and videos of your injury
• Doctor’s notes, referrals, prescriptions, etc.
• Bills related to your injury (medical, bank statements, etc.)
• Police reports

Damages that You May Be Able to Recover in a Personal Injury Case

• Pain & suffering
• Medical expenses
• Loss of earning
• Loss of the enjoyment of life
• Loss of consortium
• Punitive damages
• Death

What is the Statute of Limitations For Personal Injury Claims in NY?

In the state of New York, the statute of limitations for personal injury claims may vary depending on the circumstances surrounding the case. It is of the utmost importance to file your personal injury claim within the statute of limitations. Depending on the injury, the statute of limitations for personal injury claims in NYC is as short as one year, but in some circumstances, you may need to file a notice of claim within 90 days of your injury. For most personal injury claims, including car accidents, and slip and fall incidents, the statute of limitations is three years. In cases involving the wrongful death of a person, the statute of limitations is generally two years. The two-year period typically begins from the date of the person's death rather than the date of the injury or accident that resulted in the death.

Ultimately, the longer you wait to file your claim, the higher your chances are of walking away empty-handed, leaving your injuries unaccounted for and the responsible party “off the hook.” Consult with our personal injury attorney in New York at Hamilton Clarke, LLP, to understand the exact statute of limitations applicable to your situation. 

Maximize Your Compensation with a New York Personal Injury Lawyer

When you've been injured due to someone else's negligence, it's important to have a skilled personal injury lawyer on your side. At Hamilton Clarke, LLP, our team of experienced attorneys is dedicated to helping you maximize your compensation and navigate the complexities of personal injury cases.

Here's why hiring a personal injury lawyer can make a significant difference in your case:

1. Legal expertise: Our attorneys have in-depth knowledge of personal injury laws and regulations. We can evaluate your case, gather evidence, and build a strong legal strategy to support your claim.
2. Negotiation skills: Insurance companies often try to minimize payouts or deny claims altogether. Our lawyers are skilled negotiators who can advocate for your rights and fight for the compensation you deserve.
3. Investigation and resources: We have access to a network of experts, including medical professionals, accident reconstruction specialists, and investigators, who can help gather evidence to strengthen your case.
4. Peace of mind: Dealing with the aftermath of a personal injury can be overwhelming. By hiring a lawyer, you can focus on your recovery while we handle the legal aspects of your case.

Don't navigate the complexities of a personal injury case alone. Contact Hamilton Clarke, LLP today to schedule a free consultation and learn how we can help you get the compensation you deserve.

Wait no longer to learn how our New York City personal injury lawyers can help. Contact us at (646) 603-0522 now! Your fight is our fight.