Personal Injury Lawyer

When life takes an unexpected turn, and you find yourself injured due to someone else's negligence, you need a trusted ally who can navigate the complexities of personal injury law in New York City. At Seelig, Dressler, & Ochani, LLC, we are committed to fighting for your rights and ensuring you receive the compensation you deserve. Our team of experienced NYC personal injury lawyers understands the physical, emotional, and financial toll an injury can take on you and your family. Contact us today for immediate assistance.

What Constitutes a Personal Injury in NYC?

Personal injury law encompasses a wide range of incidents where an individual suffers harm due to another party's negligence or wrongful actions. Understanding what constitutes a personal injury is crucial for determining whether you have a valid claim and how to seek compensation. In New York City, personal injury cases can arise from various scenarios, each with unique circumstances and legal considerations.

Types of Personal Injury Cases

Personal injury cases in NYC can be broadly categorized into several types:

Motor Vehicle Accidents

These include car, motorcycle, truck, bicycle, and pedestrian accidents. If you’re injured in a motor vehicle accident due to another driver's negligence, you may be entitled to compensation for medical expenses, lost wages, and other damages.

Slip and Fall Accidents

Property owners and managers are responsible for maintaining safe premises. You may have a personal injury claim if you slip, trip, or fall due to hazardous conditions such as wet floors, uneven surfaces, or poor lighting.

Medical Malpractice

When healthcare professionals fail to provide the standard of care expected in their field, resulting in injury or harm to a patient, it constitutes medical malpractice. This can include surgical errors, misdiagnoses, and medication mistakes.

Workplace Injuries

While workers' compensation typically covers workplace injuries, in some cases, third-party claims can be pursued if someone other than your employer is responsible for your injury.

Product Liability

Defective or dangerous products can cause significant injuries. Manufacturers, distributors, and retailers can be held liable if a product defect leads to injury.

Assault and Battery

Intentional acts of violence that result in injury can also form the basis of a personal injury claim, separate from any criminal charges the perpetrator may face.

Key Elements of a Personal Injury Claim

For a personal injury claim to be valid, certain elements must be present:

• Duty of Care: The defendant owed the plaintiff a legal duty of care. For example, drivers must operate their vehicles safely, and property owners must maintain safe premises.
• Breach of Duty: The defendant breached this duty through negligent or wrongful actions. This could involve reckless driving, failing to fix a hazardous condition, or providing substandard medical care.
• Causation: The defendant's breach of duty caused the plaintiff's injury. There must be a clear link between the defendant's actions and the harm suffered by the plaintiff.
• Damages: The plaintiff suffered actual damages as a result of the injury. This can include physical injuries, emotional distress, financial losses, and other impacts on the plaintiff's life.

How a Personal Injury Lawyer Can Help

At Seelig, Dressler, & Ochani, LLC, we understand the overwhelming stress and uncertainty that can follow a personal injury. Our team of dedicated personal injury lawyers is here to support you every step of the way, ensuring your rights are protected and you receive the compensation you deserve. Here’s how our experienced personal injury attorneys can help you navigate this challenging time.

Thorough Case Evaluation

The first step in any personal injury case is a comprehensive evaluation of your injury's circumstances. Our personal injury attorneys will:

• Listen to Your Story: We take the time to understand your experience, the extent of your injuries, and the impact on your life.
• Gather Evidence: We will collect all necessary evidence, including medical records, accident reports, witness statements, and other relevant documentation.
• Assess Liability: Our team will determine who is legally responsible for your injury and evaluate the strength of your claim.

Experienced Legal Guidance

Navigating the legal system can be complex and intimidating. Our NYC personal injury attorneys provide guidance to help you make informed decisions at every stage of your personal injury lawsuit:

• Legal Advice: We will explain your rights and the legal options available to you, ensuring you understand the potential outcomes of your case.
• Case Strategy: Based on the specifics of your situation, we will develop a personalized strategy to maximize your chances of a successful outcome.
• Documentation and Filing: Our legal team will handle all legal paperwork, ensuring your claim is filed correctly and on time.

Skilled Negotiation

Many personal injury cases are resolved through negotiations rather than going to trial. Our NYC injury attorneys are skilled negotiators who will:

• Engage with Insurance Companies: We will handle all communications with insurance companies, protecting you from lowball settlement offers and ensuring you receive fair compensation.
• Negotiate Settlements: We aim to secure a settlement that fully compensates you for your medical expenses, lost wages, pain and suffering, and other damages.

Aggressive Representation

If a fair settlement cannot be reached through negotiation, we are prepared to take your case to court:

• Litigation: Our New York City personal injury attorneys are experienced litigators who will aggressively represent your interests in court.
• Trial Preparation: We will meticulously prepare your case for trial, gathering evidence, interviewing witnesses, and building a compelling argument on your behalf.
• Court Representation: We will passionately advocate for your rights throughout the trial process and present your case to the judge and jury.

Comprehensive Support

At Seelig, Dressler, & Ochani, LLC, we provide comprehensive support to help you through every aspect of your recovery:

• Medical Referrals: We can connect you with medical professionals specializing in treating your type of injury.
• Financial Advice: We offer guidance on managing medical bills and other financial challenges during your recovery.
• Emotional Support: We understand the emotional toll a personal injury can take and are here to support you throughout your journey to recovery.

Common Injuries in a Personal Injury Accident

Personal injury accidents can result in a wide range of injuries, varying in severity from minor to life-threatening. Understanding the common types of catastrophic injuries can help you recognize the potential impact on your health and the importance of seeking immediate medical and legal assistance. Our personal injury law firm has extensive experience handling cases involving various personal injuries.

Traumatic Brain Injuries (TBI)

Traumatic brain injuries are among the most serious consequences of personal injury accidents. These injuries can occur in car accidents, falls, sports activities, and other incidents involving a blow to the head. Symptoms can range from mild concussions to severe brain damage, leading to long-term cognitive, emotional, and physical impairments.

Spinal Cord Injuries

Spinal cord injuries can result from falls, car crashes, or any trauma that affects the spine. These injuries can lead to partial or complete paralysis, significantly impacting a person's ability to move and function independently. Victims often face extensive medical treatment, rehabilitation, and a lifetime of care.

Broken Bones and Fractures

Bone fractures are common in personal injury accidents, particularly in motor vehicle collisions and slip-and-fall incidents. Fractures can vary from simple breaks to complex compound fractures that require surgical intervention. Recovery can involve lengthy periods of immobilization, physical therapy, and pain management.

Soft Tissue Injuries

Soft tissue injuries include damage to muscles, ligaments, and tendons. Common examples are sprains, strains, and whiplash. These injuries may not be immediately apparent but can cause significant pain and limit mobility. Treatment often involves physical therapy, medication, and in some cases, surgery.

Internal Injuries

Internal injuries, such as damage to organs, internal bleeding, and punctured lungs, can be life-threatening and require immediate medical attention. These injuries may not show external signs but can cause severe complications if left untreated. Prompt diagnosis and treatment are critical to prevent long-term damage.

Burns

Burn injuries can occur in various accidents, including car crashes, workplace incidents, and defective product cases. Burns can range from minor first-degree burns to severe third-degree burns that cause extensive tissue damage and scarring. Treatment often involves pain management, wound care, and reconstructive surgery.

Lacerations and Abrasions

Cuts, lacerations, and abrasions are common injuries in personal injury accidents. While minor cuts may heal quickly, deep lacerations can cause significant blood loss, require stitches, and leave permanent scars. Proper wound care is essential to prevent infections and promote healing.

Psychological Injuries

Personal injury accidents can also lead to psychological injuries, such as post-traumatic stress disorder (PTSD), anxiety, and depression. These mental health conditions can be just as debilitating as physical injuries and often require counseling, therapy, and medication to manage.

What To Do After Being Injured Due to Someone Else's Negligence

Experiencing a personal injury due to someone else's negligence can be overwhelming and confusing. Knowing the appropriate steps immediately following the incident is crucial to protecting your health, rights, and potential legal claims. Here are the essential steps to take after being injured:

1. Seek Immediate Medical Attention

Your health and safety are the top priorities. Even if you believe your injuries are minor, seeking medical attention as soon as possible is important. Some injuries may not be immediately apparent and could worsen without proper treatment.

• Call 911: If the injury is severe, call emergency services for immediate medical help.
• Visit a Doctor: Schedule an appointment with your physician or visit an urgent care clinic for less urgent injuries.
• Follow Medical Advice: Adhere to your doctor's treatment plan and attend all follow-up appointments.

2. Document the Incident

Accurate documentation of the incident can significantly strengthen your personal injury claim. Collect as much information as possible at the scene:

• Take Photos: Capture images of the accident scene, your injuries, and any property damage.
• Gather Contact Information: Obtain the names, phone numbers, and addresses of any witnesses and the responsible party.
• Write Down Details: Record the date, time, location, and circumstances of the accident while your memory is still fresh.

3. Report the Incident

Depending on the nature of the incident, you may need to report it to the appropriate authorities or entities:

• Motor Vehicle Accidents: Report the accident to the police and obtain a copy of the police report.
• Workplace Injuries: Notify your employer and file a workers' compensation claim.
• Slip and Fall: Inform the property owner or manager and request an incident report be filed.

4. Preserve Evidence

Preserving evidence is critical to building a strong case. Keep the following items safe:

• Medical Records: Maintain copies of all medical records, bills, and receipts for your treatment.
• Accident Report: Secure a copy of any official accident reports.
• Personal Items: Save any damaged clothing or personal items as evidence.

5. Avoid Making Statements

Be cautious about discussing the incident or your injuries, especially with insurance companies or the responsible party. Avoid making statements that could be used against you:

• Insurance Adjusters: Refer all communication with insurance adjusters to your accident attorney.
• Social Media: Refrain from posting about the incident or your injuries on social media.

6. Consult a Personal Injury Lawyer

Contacting an experienced personal injury lawyer as soon as possible is essential. At Seelig, Dressler, & Ochani, LLC, we can help you navigate the personal injury lawsuit, protect your rights, and pursue the compensation you deserve:

• Free Consultation: We offer personal injury victims a free initial consultation to discuss their cases and provide legal advice.
• Case Evaluation: Our injury attorneys will evaluate the merits of your case and explain your legal options.
• Legal Representation: We will handle all aspects of your claim, from negotiating with insurance companies to representing you in court if necessary.

7. Follow Through with Your Case

Stay engaged and responsive throughout the legal process:

• Provide Information: Cooperate with your attorney by providing all requested information and documentation.
• Attend Appointments: Show up for any scheduled legal or medical appointments.
• Stay Informed: Keep in regular contact with your attorney to stay updated on the progress of your case.

Compensation You May Be Entitled to After Injury

Suffering an injury due to someone else's negligence can profoundly impact your life, physically, emotionally, and financially. Here are the common forms of financial compensation available in personal injury cases:

Medical Bills

Medical expenses are often the most immediate and significant costs associated with a personal injury. Compensation for medical expenses can include:

• Emergency Room Visits: Coverage for initial treatment immediately following the injury.
• Hospital Stays: Costs related to inpatient care, surgeries, and other hospital services.
• Doctor Visits: Compensation for consultations and follow-up appointments with healthcare providers.
• Rehabilitation: Expenses for physical therapy, occupational therapy, and other forms of rehabilitation.
• Medication: Costs of prescription drugs and medical supplies.
• Future Medical Care: Anticipated future medical expenses related to long-term treatment and care.

Lost Wages

Injuries can result in time away from work, leading to a loss of income. Compensation for lost wages can cover:

• Past Lost Wages: Income lost from the time of the injury until the settlement or verdict.
• Future Lost Wages: Compensation for future income loss if the injury affects your ability to work or earn at the same capacity.
• Reduced Earning Capacity: If the injury results in long-term or permanent disability, affecting your ability to perform your job or advance in your career.

Pain and Suffering

Pain and suffering refer to the physical and emotional distress experienced due to the injury. This type of compensation can be more challenging to quantify but is an essential component of a personal injury claim:

• Physical Pain: Financial compensation for the physical pain endured due to the injury.
• Emotional Distress: Damages for psychological impacts such as anxiety, depression, and trauma.
• Loss of Enjoyment: Compensation for the loss of enjoyment of life and inability to participate in activities that once brought joy.

Property Damage

If your personal property was damaged in the incident, you might be entitled to compensation for repair or replacement costs:

• Vehicle Damage: Costs to repair or replace your vehicle if it was damaged in a car accident.
• Personal Items: Compensation for other items damaged or destroyed, such as electronics, clothing, and jewelry.

Punitive Damages

In cases where the defendant's conduct was particularly reckless or malicious, the court may award punitive damages:

• Punitive Damages: Intended to punish the defendant and deter similar behavior in the future. These damages are awarded in addition to compensatory damages.

Wrongful Death

If a personal injury results in death, certain family members may be entitled to compensation through a wrongful death claim:

• Funeral and Burial Expenses: Coverage for the costs associated with funeral and burial services.
• Loss of Financial Support: Compensation for the financial support the deceased would have provided to their dependents.
• Loss of Companionship: Damages for surviving family members' emotional loss and companionship.

Possible Liable Parties for Personal Injury Claims

Identifying the responsible parties is crucial to pursuing a successful personal injury claim when you suffer an injury due to someone else's negligence. Our legal team meticulously investigates each case to determine all potentially liable parties, ensuring you receive the maximum compensation available. Here are the common parties that can be held liable in personal injury claims:

1. Individuals

In many personal injury cases, an individual’s negligent or intentional actions are the primary cause of injury. Common examples include:

• Drivers: In car accidents, the at-fault driver can be held liable for injuries and damages caused by reckless or negligent driving.
• Property Owners: Individuals who own or manage property can be held responsible for injuries resulting from unsafe conditions, such as slip and fall accidents.
• Assailants: In cases of assault or battery, the person who inflicted harm can be held liable for the injuries caused.

2. Businesses and Employers

Businesses and employers can also be liable for personal injuries in various situations:

• Employers: If an employee is injured while performing job-related duties, the employer may be held liable, especially if the injury resulted from unsafe working conditions or inadequate training.
• Retail Stores: Businesses that fail to maintain safe premises or sell defective products can be held responsible for resulting injuries.
• Restaurants and Bars: Establishments that over-serve alcohol to patrons who then cause accidents can be held liable under dram shop laws.

3. Government Entities

Government entities can sometimes be held liable for injuries caused by their negligence:

• Public Property Maintenance: If you are injured due to poorly maintained public property, such as a sidewalk or park, the government agency responsible for maintenance can be held liable.
• Public Transportation: Injuries from accidents involving buses, trains, or other public transportation services can lead to liability claims against the respective authorities.

4. Manufacturers and Distributors

Product liability cases involve injuries caused by defective or dangerous products. In such cases, several parties in the product’s supply chain can be held liable:

• Manufacturers: The company that designed and produced the defective product can be held responsible for injuries caused by design flaws, manufacturing defects, or inadequate warnings.
• Distributors and Retailers: Businesses that distribute or sell defective products can also be held liable if they fail to ensure the products are safe for consumer use.

5. Medical Professionals

Medical malpractice occurs when healthcare providers fail to meet the standard of care, resulting in patient harm:

• Doctors and Surgeons: Medical professionals who make errors during diagnosis, treatment, or surgery can be held liable for resulting injuries.
• Hospitals and Clinics: Healthcare facilities can be held responsible for negligent staff actions or for failing to maintain a safe environment for patients.

6. Landlords and Property Managers

Landlords and property managers have a duty to maintain safe living conditions for tenants and visitors:

• Landlords: Property owners can be held liable for injuries caused by unsafe conditions such as faulty wiring, broken stairs, or inadequate security.
• Property Management Companies: Companies responsible for maintaining rental properties can also be held liable if their negligence contributes to tenant injuries.

Contact Seelig, Dressler, & Ochani, LLC Today

If you have more questions or need assistance with a personal injury claim, please contact us. Our experienced personal injury lawyers are here to provide the guidance and support you need. Contact Seelig, Dressler, & Ochani, LLC today for a free consultation, and let us help you achieve the justice and compensation you deserve.

Personal Injury Lawyer FAQs

How Long Do I Have to File a Personal Injury Claim in NYC?

In New York, the statute of limitations for most personal injury claims is three years from the date of the injury. However, exceptions and shorter time frames exist for specific cases, such as claims against government entities. It’s crucial to act quickly and consult a lawyer to ensure you meet all deadlines.

Do I Need a Lawyer for a Personal Injury Claim?

While handling a personal injury claim independently is possible, having an experienced lawyer significantly improves your chances of success. A lawyer can:

• Investigate the Incident: Gather evidence and build a strong case.
• Negotiate with Insurers: Handle all communications and negotiations with insurance companies to ensure you receive fair compensation.
• Represent You in Court: If necessary, advocate for your rights in court to secure a favorable outcome.

What Will It Cost to Hire a Personal Injury Lawyer?

At Seelig, Dressler, & Ochani, LLC, we work on a contingency fee basis. This means you pay no upfront fees; we only get paid if we win your case. Our fee is a percentage of the compensation we recover for you, so our interests align with yours.