NYC Personal Injury Attorneys
Statewide Personal Injury Representation with Offices in Manhattan, Mineola, and Suffolk
The process of recovering damages after you are injured in an accident can be immensely frustrating, as personal injury claims are routinely denied unless they are supported by irrefutable evidence, such as an official accident report.
Depending on the situation, establishing liability can also be a challenge. Hiring a capable legal representative with a track record of recovering damages is paramount to the success of your claim.
At Raiser & Kenniff, P.C., our NYC personal injury lawyers understand how to obtain maximum compensation. We have over 100 years of combined experience and are committed to fighting for our clients. Our team of legal professionals is prepared to take on cases of all sizes and complexities, and our reviews speak for themselves.
After carefully assessing your circumstances, we will determine whether you have a claim, review your legal options, and fiercely protect your interest from beginning to end. We are not afraid to court and will always seek the best possible result.
What Does a Personal Injury Attorney Do?
A personal injury attorney is a legal professional who provides legal representation to individuals who have been physically or psychologically injured as a result of the negligence or wrongdoing of another party.
The primary goal of a personal injury attorney is to help their clients obtain compensation for the losses and damages they have suffered due to the accident or incident.
Here are the key responsibilities and functions of a personal injury attorney:
- Legal Consultation: Personal injury attorneys offer initial consultations to individuals who have suffered injuries. During this consultation, they assess the facts of the case, provide legal advice, and help the potential client understand their rights and options.
- Case Investigation: Attorneys investigate the circumstances surrounding the injury. This may involve gathering evidence, interviewing witnesses, obtaining relevant documents, and consulting with experts to build a strong case.
- Determining Liability: Personal injury attorneys evaluate the evidence to determine who is legally responsible (liable) for the injuries. This may involve identifying negligent actions, such as reckless driving in a car accident or failure to maintain a safe premises in a slip and fall case.
- Insurance Negotiations: Many personal injury cases involve negotiations with insurance companies. Attorneys communicate with insurance adjusters to seek fair compensation for their clients. They may negotiate settlements to cover medical expenses, lost wages, property damage, and other losses.
- Legal Filing: If a settlement cannot be reached through negotiations, the attorney prepares and files a lawsuit on behalf of their client. This initiates the formal legal process, and the case may proceed to court.
- Discovery: During the discovery phase of a lawsuit, both parties exchange information and evidence relevant to the case. This may include depositions, interrogatories, and document requests.
- Settlement Negotiations: Even after a lawsuit is filed, the majority of personal injury cases are resolved through settlements. Attorneys continue to negotiate with the opposing party to reach a fair settlement that compensates the injured party for their losses.
- Trial Representation: If a settlement cannot be reached, the case may go to trial. Personal injury attorneys represent their clients in court, presenting evidence, examining witnesses, and making legal arguments to the judge and jury.
- Appeals: In some cases, either party may choose to appeal a court decision. Personal injury attorneys may handle the appellate process if necessary.
- Client Advocacy: Throughout the entire process, personal injury attorneys advocate for their clients' rights and work to achieve the best possible outcome, whether through settlement or trial.
It's important to note that personal injury law covers a wide range of cases, including car accidents, slip and fall incidents, medical malpractice, product liability, and more. Personal injury attorneys often specialize in specific areas within the field to better serve their clients' needs.
Personal Injury Cases We Handle
Our firm is extensively familiar with how to strategically approach many types of personal injury claims. We understand what it takes to win in court and will walk you through how the legal process will work in your case.
Our NYC personal injury attorneys can assist with claims involving:
- Birth Injuries
- Brain Injuries
- Car Accidents
- Construction Accidents
- Medical Malpractice
- Premises Liability
- Product Liability
- Truck Accidents
- Workers’ Compensation
What is Negligence?
Negligence in a personal injury case refers to the failure to exercise reasonable care, resulting in harm or injury to another person.
It is a fundamental concept in tort law and serves as the basis for most personal injury claims. To establish negligence, the injured party (plaintiff) must prove the following elements:
Duty of Care
The plaintiff must show that the defendant owed them a legal duty of care. A duty of care arises in situations where one party is expected to act with a certain level of caution to prevent harm to others. For example, drivers have a duty to obey traffic laws and drive safely to avoid causing accidents.
Breach of Duty
The plaintiff must demonstrate that the defendant breached their duty of care by failing to act as a reasonably prudent person would under similar circumstances. This breach can occur through actions (such as running a red light) or omissions (such as failing to repair a dangerous condition on one's property).
Causation
The plaintiff must establish a causal link between the defendant's breach of duty and the injury sustained. This involves two types of causation:
- Actual Cause (Cause in Fact): The plaintiff must show that the injury would not have occurred "but for" the defendant's actions or omissions.
- Proximate Cause: The plaintiff must demonstrate that the injury was a foreseeable result of the defendant's breach of duty. Proximate cause limits liability to harms that are reasonably related to the defendant's conduct.
Damages
The plaintiff must prove that they suffered actual damages as a result of the defendant's negligence. Damages can include physical injuries, emotional distress, medical expenses, lost wages, and other losses. Without actual damages, a negligence claim cannot succeed.
Consider a scenario where a driver runs a red light and collides with another vehicle, causing injuries to the other driver. In this case:
- The duty of care exists because all drivers are required to obey traffic signals and drive safely.
- The breach of duty occurred when the driver ran the red light.
- Causation is established if the collision directly caused the other driver's injuries.
- Damages would include medical bills, lost wages, and pain and suffering experienced by the injured driver.
Maximize Your Personal Injury Claim
When you've been injured due to someone else's negligence, it's important to maximize your personal injury claim to ensure you receive the compensation you deserve.
Our team of experienced personal injury attorneys at Raiser & Kenniff can guide you through the process and help you understand what you may be entitled to.
Ways to maximize your personal injury claim include:
- Gathering evidence and documentation of your injuries and damages
- Seeking medical treatment and following your doctor's recommendations
- Consulting with our attorneys to understand your legal rights and options
- Negotiating with insurance companies for a fair settlement
- Pursuing legal action if necessary to seek maximum compensation
Don't settle for less than you deserve. Contact Raiser & Kenniff today to maximize your personal injury claim and get the justice you're entitled to.
Call (888)-646-0025 or contact us online to schedule a free initial consultation if you sustained injuries in an accident. Flexible payment options are available, and we provide our legal services in English, Spanish, and Russian.
How Long Do I Have to File a Personal Injury Claim in New York?
In many cases, including auto accidents and premises liability incidents, you only have three years from the date of the accident to file a personal injury lawsuit in the state of New York. Should an accident result in death, you will have two years from the date of your loved one’s death to bring a wrongful death claim.
You have less time if you are a victim of medical malpractice: Generally, you have only 2.5 years (30 months) from the date of the malpractice or the final date of continuous treatment that included malpractice to take legal action. Different deadlines and the discovery rule may apply in certain situations involving foreign objects being left in your body and negligent failures to diagnose cancer.
For workers’ compensation cases, you typically have two years from the date you were injured to file your claim. If you miss the pertinent deadline, you will be unable to recover compensation, so do not wait to discuss your case with our legal professionals.
What Can I Recover in a New York Personal Injury Claim?
An injury-causing accident can trigger a variety of economic and non-economic losses, some of them permanent and life-changing. Economic damages have a dollar amount attached to them, while non-economic damages have subjective value.
Fortunately, New York Law allows you to potentially recover both economic and non-economic damages. There are no caps on damage recovery, and you may be able to obtain some compensation even if you were partially responsible for the accident.
A New York personal injury lawsuit can help you recover compensation for all applicable losses, including:
- Medical Expenses
- Lost Wages
- Reduced Earning Capacity
- Property Damage
- Rehabilitation Expenses
- Other Out-Of-Pocket Costs
- Pain and Suffering
- Loss of Enjoyment
- Emotional Distress
- Loss of Consortium
- Disfigurement
Our team at Raiser & Kenniff, P.C. will always fight to maximize your recovery. Our New York personal injury lawyers recognize what is at stake and will aggressively pursue an optimal outcome.
Injured in an accident and not sure if you are entitled to compensation? Call (888)-646-0025 or contact us online to discuss your case with us.
Client Testimonials
Our Clients Rave About Their Results-
They were always available quickly, to address my concerns. Having dealt with some law firms before, I really appreciated this.
“Steven Raiser's law firm handled my case with excellence throughout the process. I had a SBA EIDL loan that got transferred to the Department of Treasury unexpectedly, and had a 30% penalty added to the amount due, and due very quickly, which was very stressful. After talking with Steven Raiser, and working with Harry Gill, who was absolutely brilliant in working with me and preparing the case, they were able to recall the case to the SBA. They were always available quickly, to address my concerns. Having dealt with some law firms before, I really appreciated this.
Very grateful and appreciative to Steven Raiser and Harry Gill. Great work” -
They Really Care
“They treated me wonderfully and helped me out of a bind. I feel that this firm really cares.”
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Give them a call!
“Extremely professional and efficient lawyers.”
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Top-Notch!
“They go well above and beyond. Highly recommend.”
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Integrity
“Thomas Kenniff is a true definition of an attorney and a humanitarian.”
Why We're the Right Choice
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Risk-Free Consultation
We offer a risk-free evaluation of your case and are here to help you understand your legal options. We are available 24/7, day or night, to help you.
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Top-Rated Team
Recognized as the top attorneys in the USA.
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Former ProsecutorsOur founding partners are both former New York prosecutors who bring unique experience and insights to every case, especially when it comes to going to trial.