Personal Injury Lawyer

Sakkas Cahn & Weiss / Personal Injury Lawyer

If you have suffered an injury in New York due to someone else’s negligence, securing a competent and experienced personal injury lawyer is crucial for ensuring your rights are protected and you receive the compensation you deserve. At Sakkas, Cahn & Weiss, LLP, we understand the physical, emotional, and financial toll an injury can take on individuals and their families. Our dedicated personal injury lawyers help victims of personal injuries navigate the complex landscape of personal injury law in New York.

What Constitutes a Personal Injury in New York?

Personal Injury Lawyer

In New York, a personal injury refers to any physical, emotional, or psychological harm that an individual suffers due to someone else’s negligence, intentional actions, or strict liability. Understanding what constitutes a personal injury is crucial for determining whether you have a valid claim for compensation. Here are some key elements that typically characterize a personal injury in New York:

1. Negligence

Negligence is one of the most common grounds for personal injury claims. It occurs when someone fails to exercise a reasonable standard of care, leading to harm to another person. Examples include:

  • Car accidents where a driver fails to obey traffic laws.
  • Slip and fall incidents on a poorly maintained property.
  • Medical malpractice is where a healthcare provider deviates from the standard medical practice.

2. Intentional Acts

Personal injury claims can also arise from intentional acts where someone deliberately causes harm. This includes actions like assault and battery. Victims can pursue compensation for the injuries and may also have grounds for a criminal case against the perpetrator.

3. Strict Liability

In certain situations, a party can be held liable for damages without negligence or intent needing to be proven. This typically applies in cases involving:

  • Product liability, where a manufacturer or seller can be held responsible for injuries caused by a defective product, regardless of negligence.
  • Certain types of animal attacks, where the owner may be liable even if they were not negligent in handling the animal.

How Do I Know If I Have a Personal Injury Case?

Determining whether you have a viable personal injury case involves evaluating several factors related to the incident and the harm you suffered. Here’s a guide to help you understand if you might have a case:

Establishing Negligence or Fault

For a personal injury claim to be valid, you must prove that another party was at fault due to their negligence, intentional actions, or under strict liability principles. The key elements to consider include:

  • Duty of Care: The responsible party is legally obligated to act with a certain level of care toward you.
  • Breach of Duty: The party failed to meet their duty of care.
  • Causation: Their breach directly caused your injuries.
  • Damages: You suffered quantifiable harm as a result.

Types of Incidents

Personal injury cases can arise from various incidents. Common scenarios include:

  • Car accidents
  • Slip and falls
  • Medical malpractice
  • Workplace accidents
  • Product defects
  • Assaults and other intentional torts
  • Evidence of Injury and Loss

To pursue a personal injury claim, you need evidence of the injury and its impact on your life. This may include:

  • Medical records that document your injuries, treatment, and prognosis.
  • Witness statements that support how the incident occurred.
  • Photos or videos from the accident scene.
  • Employment records to show lost wages if you’ve been unable to work.
  • Expert testimony in complex cases, like those involving medical malpractice or product liability.

Economic and Non-Economic Damages

You should have incurred damages that can be compensated financially. These include:

  • Medical expenses: Current and future medical bills related to the injury.
  • Lost wages: Income lost due to the inability to work.
  • Pain and suffering: Physical and emotional distress caused by the injury.
  • Loss of enjoyment of life: The impact on your ability to enjoy daily activities.

Statute of Limitations

In New York, personal injury claims must be filed within a specific timeframe after the incident or discovery of the injury. For most personal injury cases, this is typically three years from the date of the incident. However, this can vary depending on the specifics of the case, such as claims against a government entity or for medical malpractice.

How a New York Personal Injury Lawyer Can Help You

At Sakkas, Cahn & Weiss, LLP, we understand the complexities of personal injury law in New York and how daunting it can be to navigate the legal system when you’re hurt and at your most vulnerable. Here’s how our skilled personal injury lawyers can assist you in securing the justice and compensation you deserve.

Comprehensive Case Evaluation

Our initial step is to conduct a thorough evaluation of your case. This includes reviewing accident reports, medical records, and other evidence to assess the strength of your claim. We provide a detailed explanation of your legal options so you can make informed decisions moving forward.

Determining the Full Extent of Damages

Injury impacts can extend far beyond immediate medical costs and can affect every part of your life. Our attorneys are proficient in calculating both economic and non-economic damages, ensuring you pursue a claim for all possible areas of compensation, including medical expenses, lost wages, pain and suffering, and more.

Navigating Complex Legal Procedures

Personal injury law involves numerous deadlines and procedural requirements. Missing a deadline or failing to properly file documents can jeopardize your case. Our lawyers manage every aspect of the legal process, from filing the claim to handling complex paperwork, allowing you to focus on your recovery.

Negotiating with Insurance Companies

Insurance companies often aim to minimize payouts. Our experienced attorneys have a deep understanding of the tactics insurers use and are skilled in negotiating fair settlements. If settlement negotiations do not result in a satisfactory outcome, we are prepared to take your case to trial.

Representation in Court

While many personal injury cases settle out of court, some proceed to trial. Our legal team has extensive courtroom experience. We prepare meticulously for trial, developing a strong case supported by facts, expert testimony, and compelling legal arguments to advocate for your best interests.

Access to Expert Resources

We have access to a network of experts, including medical professionals, accident reconstruction analysts, and financial experts, who can provide authoritative testimony and insights critical to the success of your claim.

Personalized Attention

Every case is unique, and every client receives personalized attention. We believe in a client-centered approach, keeping you informed and involved at every stage of your case. Our goal is to ensure that you feel supported and confident in the representation you receive.

No Fee Unless We Win

We operate on a contingency fee basis, which means you pay nothing unless we successfully recover compensation on your behalf. This allows you to pursue justice without worrying about upfront legal fees.

Types of Personal Injury Cases We Represent

As a leading New York City personal injury law firm, Sakkas, Cahn & Weiss, LLP is dedicated to providing robust legal representation across a broad spectrum of personal injury cases. Our experienced attorneys are well-versed in handling the complexities of various types of injuries and accidents. Below are the types of personal injury cases we have experience in:

Vehicle and Transportation Accident Representation

  • Car Accident Lawyer: Representation for victims of collisions, rear-end crashes, and other traffic-related incidents.
  • Truck Accidents Lawyer: Legal experience for accidents involving commercial trucks, tractor-trailers, and other heavy vehicles.
  • Motorcycle Accident Lawyer: Advocacy for motorcyclists injured due to negligent drivers or hazardous road conditions.
  • Pedestrian Accident Injury Lawyer: Assistance for pedestrians hit by vehicles or injured due to poor property maintenance.
  • Bicycle Accident Lawyer: Legal help for cyclists injured by vehicles, defective bike paths, or other hazards.
  • Public Transportation Accident Lawyer: Representation for injuries sustained in bus, subway, and other public transit accidents.
  • Train and Subway Accidents: Experienced legal counsel for accidents involving commuter rails and subways.
  • Boating and Aviation Accidents: Representation for accidents related to watercraft and aircraft.

Premises-Related Incidents

  • Slip and Fall Accident Lawyer: Assistance for injuries occurring on slippery, uneven, or unsafe surfaces.
  • Premises Liability Lawyer: Advocacy for injuries sustained due to negligent property maintenance or security.
  • Construction Accident Lawyer: Legal services for construction workers or bystanders injured on or near construction sites.
  • Workplace Injuries: Representation for a variety of workplace injuries, ensuring proper workers’ compensation and liability claims are filed.
  • Swimming Pool and Amusement Park Accidents: Legal help for injuries at recreational facilities due to improper maintenance or operation.

Medical and Care-Related Cases

  • Medical Malpractice Lawyer: Representation against healthcare providers for negligence leading to injury or death.
  • Nursing Home Abuse: Advocacy for the elderly or disabled suffering from abuse or neglect in caregiving facilities.

Product and Animal-Related Cases

Severe and Catastrophic Injuries

  • Burn Injuries: Legal support for victims of thermal, chemical, and electrical burns.
  • Brain Injuries: Representation for traumatic brain injuries affecting cognitive and physical functions.
  • Spinal Cord Injuries: Advocacy for individuals suffering from spinal injuries leading to partial or full paralysis.
  • Electrocution Injuries: Legal services for victims of electrical accidents causing severe injury or death.

Other Personal Injury Cases

  • Wrongful Death Claims: Comprehensive legal representation for families seeking justice for the wrongful death of a loved one.
  • Sports-Related Injuries: Legal help for injuries sustained during sports and recreational activities.
  • Defamation (Libel and Slander): Representation for individuals whose reputations have been harmed by false statements.
  • Assault and Battery Claims: Advocacy for victims of intentional harm and violence.
  • Pharmaceutical Litigation: Cases against drug companies for adverse effects of medications.
  • Toxic Exposure and Poisoning: Representation for individuals exposed to harmful chemicals or environments.

At Sakkas, Cahn & Weiss, LLP, we are committed to fighting for the rights of those injured due to the negligence or wrongdoing of others. Our goal is to ensure that every client receives the personalized attention, respect, and aggressive representation they deserve.

Damages You Can Pursue In a Personal Injury Case

When pursuing a personal injury case, the damages you can claim are designed to compensate you for the harm you’ve suffered due to someone else’s negligence or wrongful action. These damages are generally categorized into compensatory (or actual) damages, which are intended to make the injured party “whole” again, and in some cases, punitive damages, which are intended to punish the wrongdoer and deter similar actions in the future. Here’s a breakdown of the types of damages you might pursue in a personal injury case:

Economic Damages

These are quantifiable costs directly associated with the injury and can include:

  • Medical Expenses: Costs for medical care related to the injury, including hospital stays, doctor visits, emergency room treatment, medication, medical equipment, and rehabilitative therapy.
  • Future Medical Costs: Estimated costs for ongoing medical care needed as a result of the injury.
  • Lost Wages: Income lost due to the inability to work while recovering.
  • Loss of Earning Capacity: Future loss of earnings due to long-term effects of the injury that prevent returning to previous employment at the same earning capacity.
  • Property Damage: Costs to repair or replace property damaged as a result of the incident, such as a vehicle in a car accident.

Non-Economic Damages

These damages are more subjective and cover non-monetary aspects of harm suffered, such as:

  • Pain and Suffering: Compensation for the physical pain and emotional distress experienced from the injury.
  • Emotional Distress: Specifically for psychological impacts such as anxiety, depression, and loss of sleep, which may be separate from pain and suffering.
  • Loss of Enjoyment of Life: Damages for the loss of enjoyment from hobbies and other activities that the injured person can no longer participate in due to the injury.
  • Loss of Consortium: Compensation awarded to family members, especially spouses, for the loss of companionship, affection, and support due to the injury.

Punitive Damages

While not awarded in every case, punitive damages may be considered if the defendant’s actions were particularly reckless or malicious. These are not tied to the type of harm suffered but are intended to punish the wrongdoer and serve as a deterrent to prevent similar actions.

Wrongful Death Damages

In cases where the personal injury results in death, the family of the deceased can pursue damages that include:

  • Funeral and Burial Expenses: Costs associated with funeral services and burial.
  • Pre-death Medical Care: Medical expenses incurred before the deceased passed away.
  • Loss of Income and Potential Future Earnings: Financial support that the deceased would have contributed to their family in the future.
  • Loss of Companionship and Support: Emotional suffering due to the loss of a loved one.

Calculating Damages

The calculation of damages in a personal injury case can be complex, especially for non-economic and punitive damages. Factors like the severity of the injury, the impact on the victim’s lifestyle, and the circumstances of the incident play critical roles in determining the amount. Legal experience is crucial in accurately estimating and negotiating these damages.

A personal injury lawyer can provide valuable assistance in documenting and quantifying these damages to ensure that you receive fair compensation that reflects both the immediate and long-term effects of your injuries.

What to Do If You Have Sustained an Injury From Someone Else’s Negligence

If you have sustained an injury due to someone else’s negligence, it’s crucial to take specific steps to protect your health and legal rights. Here’s a step-by-step guide on what to do:

Seek Medical Attention

Even if your injuries seem minor, it’s important to see a doctor immediately. Some injuries may not show symptoms right away but could be serious.

Document Everything

Gather as much information as possible about the incident. This includes:

    • Taking photos of the accident scene, your injuries, and any property damage.
    • Collecting names and contact information of any witnesses.
    • Writing down your account of what happened as soon as you can while details are fresh.

Report the Incident

Depending on the type of accident:

  • For vehicle accidents, report it to the police. Obtain a copy of the police report.
  • For injuries on a property, report the incident to the property owner or manager.
  • For workplace injuries, report the incident according to your employer’s procedures.

Keep Records

Keep all documents related to the incident and your injuries, including:

  • Medical records and bills.
  • Receipts for any expenses related to your injury, like medications or medical supplies.
  • Documentation of any lost wages if you were unable to work.

Be Cautious with Insurance Companies

You may be contacted by an insurance company wanting a statement or offering a settlement. It’s advisable to speak with a personal injury lawyer before accepting any offers or giving a statement that could be used against you.

Consult a Personal Injury Lawyer

Consulting a personal injury lawyer can help you understand your legal rights and options. Personal injury lawyers typically offer a free initial consultation and work on a contingency fee basis, meaning they only get paid if you receive a settlement or win at trial.

Do Not Admit Fault

Avoid discussing the incident extensively with others, especially on social media, and do not admit fault. Any statements you make can potentially be used against you in your case.

Follow Up on Treatment

Follow your doctor’s advice and keep up with any prescribed treatments or follow-up appointments. This will not only help your recovery but also strengthen your personal injury claim by showing that you have taken your injuries seriously.

Why Choose Sakkas, Cahn & Weiss, LLP

Choosing Sakkas, Cahn & Weiss, LLP for your personal injury case brings numerous benefits, as the firm is distinguished by its comprehensive experience, client-centered approach, and proven track record of success. Here are several compelling reasons to consider this firm when seeking legal representation for your personal injury case:

  • Experienced Attorneys: Decades of combined experience in personal injury law.
  • Personalized Attention: Dedicated, tailored legal strategies for each client.
  • No Fees Unless You Win: Contingency fee arrangement, no upfront costs.
  • Proven Track Record: Strong history of securing substantial settlements and jury awards.
  • Multifaceted Experience: Broad experience across a wide range of personal injury claims.
  • Client-Centric Approach: Commitment to addressing individual client needs and concerns.
  • Aggressive Advocacy: Tenacious pursuit of client interests against all adversaries.
  • Comprehensive Support: Full support in all legal aspects, allowing clients to focus on recovery.
  • Accessibility and Communication: Regular updates and clear communication with clients.
  • Community Recognition: Well-regarded in the community and recognized for legal excellence.

Choosing Sakkas, Cahn & Weiss, LLP means opting for a law firm that combines aggressive legal representation with a compassionate client-focused approach.

Ready to Fight for Your Rights? Contact Sakkas, Cahn & Weiss, LLP Today!

If you or a loved one has been injured due to someone else’s negligence, don’t wait to seek justice. Contact Sakkas, Cahn & Weiss, LLP to schedule your free consultation. Our experienced team is ready to provide the dedicated support and aggressive representation you need to secure the compensation you deserve. Call us now and let us start fighting for you.

NYC Personal Injury Lawyer FAQs

Here are some frequently asked questions about personal injury cases in New York City, offering you insights and guidance if you’re considering legal action.

1. What should I do immediately after an accident in NYC?

Immediately after an accident, seek medical attention even if injuries seem minor. Document everything related to the incident, including taking photos and gathering contact information from witnesses. Then, consult a personal injury lawyer to discuss your case and next steps.

2. How long do I have to file a personal injury claim in New York?

In New York, the statute of limitations for most personal injury claims is three years from the date of the accident. However, this timeframe can vary based on the specifics of the case, such as claims against government entities or for medical malpractice, so consulting a personal injury attorney as soon as possible is crucial.

3. Can I still receive compensation if I was partially at fault for the accident?

Yes, New York follows a “comparative fault” rule, which means you can still recover compensation even if you were partially at fault. Your compensation will be reduced by the percentage of fault attributed to you.

4. What types of damages can I recover in a personal injury lawsuit?

You can recover economic damages (such as medical expenses and lost wages), non-economic damages (such as pain and suffering and loss of enjoyment of life), and, in some cases, punitive damages.

5. How do I know if I have a valid personal injury case?

To determine if you have a valid case, you must prove that another party was negligent or intentionally harmed you, causing your injuries. A personal injury lawyer can help evaluate the evidence and advise you on the viability of your claim.

6. Do I need a New York personal injury lawyer for an injury claim?

While not required, having an NYC injury lawyer can significantly enhance your ability to secure fair compensation. Personal injury lawyers are experienced in negotiating with insurance companies, handling legal paperwork, and representing your interests in court if necessary.

7. What does it cost to hire a personal injury attorney in NYC?

Most personal injury lawyers in NYC work on a contingency fee basis, meaning they only get paid if you win your case. Typically, the fee is a percentage of the settlement or court award.

8. How long does a personal injury lawsuit take in New York?

The duration of a personal injury lawsuit can vary widely depending on the complexity of the case, the amount of evidence, and the willingness of the parties to settle. If a settlement is reached quickly, cases can resolve in a few months, but they may take several years if they go to trial.

9. What should I bring to my initial consultation with a personal injury lawyer?

Please bring any documents related to your case, including medical records, police reports, photographs of the incident, and any correspondence with insurance companies. Also, please bring any questions you have about the process.

10. How is a personal injury settlement calculated?

Settlements are calculated based on factors such as the severity of your injuries, the impact on your lifestyle, past and future medical expenses, lost earnings, and the degree of fault of the other party.

For more detailed information or to discuss your specific situation, contact a qualified NYC personal injury lawyer who can provide tailored advice and support.


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