A proven record
Our firm has achieved numerous million and multimillion dollar verdicts and settlements. We often take cases that other firms have refused and win.
Manhattan Personal Injury Attorney
Nearly two million people call Manhattan home, yet the island is only 23 square miles. With so many people in such a small area, accidents are bound to happen. When they do, and when they were caused by someone’s carelessness, accident victims can hold negligent parties liable for compensation.
Damages in a personal injury claim can help offset the financial cost of an accident so victims can recover and be made whole again. But personal injury claims have the potential to become complex. An experienced Manhattan personal injury attorney from Silberstein, Awad & Miklos, P.C. can help you file your claim and ensure you receive the fair settlement you deserve.
Types of Personal Injury Claims
Personal injury law covers a number of instances that could cause someone to suffer injuries. Our experienced Manhattan personal attorneys can help if you have been hurt in any of the following ways:
- Car accidents
- Medical malpractice
- Construction accidents
- Nursing home abuse
- Defective products
- Slip and fall accidents
- Train accidents
- Truck accidents
- And more
These are just a few of the areas our knowledgeable attorneys can help with. If you have lost a loved one, we can also help you file a wrongful death claim to recover damages for the losses you have incurred as a result.
How Much is a Personal Injury Claim Worth?
If you have been hurt by someone else’s negligence and are filing a claim for damages, it is natural to wonder how much your case is worth. Unfortunately, no one can determine the exact value of your claim without first fully reviewing the facts of the case. However, there are some guidelines you can follow to estimate how much your case may be worth. The common damages available in personal injury claims include:
Medical costs can include ambulance and emergency room treatment, hospitalization, surgeries, medication, and physical therapy.
If you cannot work due to your injuries, you can claim any lost income you incurred. You can also claim any lost bonuses, benefits, sick pay, and vacation pay you lost due to the accident.
If any of your property became damaged during the accident, such as your vehicle or your bicycle, you can include that loss within your claim.
After a serious injury, personal injury law in New York allows you to claim your pain and suffering as a loss.
When an accident is fatal, loved ones can include a number of losses in their claim, including funeral and burial expenses.
Accurately valuing your case is one of the most important aspects of your claim. If the negligent party or their insurance company pays a settlement, you cannot go back and ask for more if you incur additional expenses. A Manhattan personal injury lawyer will have the necessary experience to understand the full extent of your losses and ensure you include them all in your claim.
Proving a Personal Injury Claim
Unfortunately, simply stating that you were injured by someone else’s negligence is not enough for a successful claim. You must also prove certain elements of your case. These include:
The duty of care the defendant owed you will depend on the facts of your case. For example, a driver that hit you had a duty to ensure they drove in a safe manner. If you slipped and fell on someone else’s property, on the other hand, the duty of care may vary depending on the type of hazard you tripped or slipped on and how long the dangerous condition was present.
To show that someone breached the duty of care they owed you, you must prove that they acted negligently.
A negligent act is not enough to file a personal injury claim. You must also prove that the negligent act caused the accident.
Personal injury claims are meant to restore you as wholly as possible to the condition you were in before the accident. If you did not suffer any damages or losses during an accident, there is nothing to compensate you for and so, there is no personal injury claim.
Proving a personal injury case is difficult. One mistake can result in a forfeiture of compensation. A personal injury lawyer in Manhattan will know how to prove your case so you recover the compensation you deserve.
Shared Fault in Personal Injury Claims
If you think you were partly to blame for the accident, or the other party is already stating the accident was your fault, it is critical that you speak to a personal injury attorney right away. You may think that you contributed to an accident, but a lawyer may find that not to be true.
New York is a pure comparative fault state. That means that even if you were partly to blame for the accident, there is still likely a chance that you can claim compensation. State law allows accident victims to claim damages after an accident even if they were 99 percent at fault for an accident. However, if you do file a claim and are found to be partly at fault, your compensation will be reduced by your same percentage of fault.
Claiming that an accident victim was at fault for an accident is one of the most common defenses used in personal injury cases. A personal injury lawyer will know how to defend against these claims so you can receive the full amount of damages you deserve.
Get Legal Help Today
If you or someone you love has been hurt as a result of someone else’s negligence, it is crucial that you speak with a Manhattan personal injury attorney today. At Silberstein, Awad & Miklos, P.C., our experienced attorneys know how to prove someone else was to blame for your injuries and how to hold them accountable for paying the full amount of compensation you deserve. Contact us today to schedule a free consultation and to learn more about how we can help.