If you’ve suffered bodily injury from an accident in New York, you may be considering filing a personal injury claim to recover damages for your medical expenses, lost income, and pain and suffering. However, you may also be wondering if you need a lawyer and what the claims process involves.
At Rosenberg & Gluck LLP, our experienced NYC personal injury lawyers understand how overwhelming this time can be, especially when you’re facing physical and emotional recovery. An attorney can guide you through how to claim bodily injury damages, the types of injuries that may qualify, and why hiring a lawyer is essential for securing the compensation you deserve.
Types of Bodily Injuries That May Qualify for Compensation
When filing a personal injury claim in New York, the type and severity of your injury are key factors in determining whether you may be eligible for compensation. While accidents can vary—from car wrecks to slips and falls—the following types of bodily injuries often qualify for compensation:
- Broken Bones: Fractures or broken bones are common in accidents like car crashes or slip and falls. These injuries can lead to extensive medical treatment, including surgery and rehabilitation, and may leave you with permanent limitations.
- Traumatic Brain Injuries (TBI): Traumatic brain injuries can range from mild concussions to severe, life-altering conditions. TBIs often result from car accidents, falls, or being struck by an object. Because these injuries can affect cognitive function, emotions, and physical capabilities, they typically involve significant long-term financial and emotional costs.
- Spinal Cord Injuries: Spinal cord injuries can be catastrophic, often leading to paralysis or chronic pain. These injuries may require lifetime medical care, adaptive equipment, and home modifications.
- Soft Tissue Injuries: While not always as visibly severe as broken bones or TBIs, soft tissue injuries—such as whiplash, sprains, and muscle tears—can still cause significant pain and limit your mobility. These injuries are especially common in car accidents and can take weeks or months to heal.
- Burns and Disfigurement: Burns from fires, explosions, or chemical exposure can leave victims with permanent scars and disfigurement. These injuries often require extensive medical treatments, including surgeries and skin grafts, and may lead to psychological trauma.
- Internal Injuries: Internal injuries, such as organ damage or internal bleeding, can be life-threatening and often require emergency surgery. Accidents that cause blunt force trauma, such as car wrecks or falls, can lead to these severe injuries.
Why You Need a Lawyer for Your Bodily Injury Claim
One of the most common questions people ask after an accident is whether they really need a lawyer. The answer is simple: Yes. You’ve probably already started the process by seeking medical care and filing an insurance claim. However, negotiating with the insurance company and handling a personal injury case without legal representation can be risky and overwhelming.
Here’s why hiring a lawyer is the best plan for your bodily injury claim:
Navigating New York’s Legal System
New York’s personal injury laws are complex. For example, New York follows a “comparative negligence” rule, meaning your compensation can be reduced if you are found partially at fault for the accident. A lawyer will protect your rights and ensure that fault is assigned fairly, maximizing your recovery.
Insurance Companies Are Not on Your Side
Insurance companies are businesses, and their goal is to pay out as little as possible on claims. Without a lawyer, you may be pressured into accepting a low settlement that doesn’t fully cover your losses. An experienced personal injury lawyer will negotiate with the insurance company on your behalf and fight for a fair settlement.
Evaluating the True Value of Your Claim
You may not be aware of all the types of compensation you are entitled to after an accident. A lawyer can help you identify and calculate damages, including medical expenses, lost wages, loss of future earning capacity, and pain and suffering. They will ensure that all aspects of your injury and its impact on your life are considered in your claim.
Handling Legal Deadlines and Paperwork
In New York, the statute of limitations sets a deadline for filing a personal injury lawsuit, which is generally three years from the date of the accident. This means that if you’ve suffered a bodily injury due to someone else’s negligence, you must file your claim within this three-year window, or you may lose your right to pursue compensation.
There are exceptions to this rule—for example, if your claim is against a government entity, you may have a much shorter time frame to act, typically within 90 days to file a notice of claim. Because these deadlines are strictly enforced, it’s critical to consult with a personal injury lawyer as soon as possible to ensure you don’t miss the opportunity to file your claim in accordance with New York laws.
Gathering Evidence and Building a Strong Case
Proving fault in an accident and demonstrating the extent of your injuries requires substantial evidence. This may include medical records, accident reports, witness statements, and expert testimony. Your personal injury attorney will gather and organize this evidence to build a strong case on your behalf.
Types of Compensation Available for Bodily Injury in New York
When you’ve suffered a bodily injury due to someone else’s negligence, you may be entitled to compensation, or “damages,” to cover the various losses you’ve experienced. In New York, the types of damages you can pursue in a personal injury case typically fall into two categories: economic and non-economic. Here’s what each type covers:
Economic Damages
Economic damages compensate you for the direct financial losses you have incurred due to your injury. These damages are typically easier to calculate because they involve specific dollar amounts for out-of-pocket expenses. Common types of economic damages in New York personal injury cases include:
- Medical Expenses: This includes past and future medical costs related to your injury, such as hospital bills, doctor visits, surgeries, medications, rehabilitation, and physical therapy. If your injuries require ongoing medical care or adaptive equipment, these future costs can also be factored into your compensation.
- Lost Income: If your injury has caused you to miss work, you can seek compensation for your lost wages during your recovery period. This also includes any lost benefits or bonuses you may have missed due to your absence from work.
- Loss of Earning Capacity: If your injury leaves you unable to return to your previous job or reduces your ability to earn at the same level as before, you may be entitled to compensation for your diminished earning capacity. This often involves expert testimony to estimate the future impact of your injury on your income.
- Property Damage: In accidents like auto collisions, your personal property—such as your vehicle—may have been damaged. Compensation can cover the cost of repairs or replacement of your property.
Non-Economic Damages
Non-economic damages compensate you for your injury’s intangible, non-monetary consequences. These damages are more subjective and can be harder to quantify, but they are just as important in recognizing the overall impact of your injury on your life. Common types of non-economic damages include:
- Pain and Suffering: This refers to the physical pain and emotional distress you have endured because of your injury. Pain and suffering can also account for chronic pain, mental health challenges such as depression or anxiety, and the overall reduction in your quality of life.
- Emotional Distress: Sometimes, an injury’s emotional and psychological impact can be severe. This may include post-traumatic stress disorder (PTSD), anxiety, fear, and other mental health conditions stemming from the accident or injury.
- Loss of Enjoyment of Life: If your injury prevents you from enjoying activities you once loved—whether it’s a hobby, sport, or simply spending time with loved ones—you may be entitled to damages for the loss of enjoyment of life.
- Loss of Consortium: In cases where your injury affects your relationship with your spouse or partner, damages for loss of consortium may be available. This can include the loss of companionship, affection, and sexual relations due to your injury.
Calculating Damages in New York Personal Injury Cases
New York has specific laws regarding when someone can claim pain and suffering damages. Under New York’s No-Fault Insurance Law, which applies to most car accidents, you cannot claim pain and suffering unless you meet the “serious injury” threshold.
This threshold includes injuries such as fractures, disfigurement, significant limitation of use of a body function or system, or an injury that prevents you from performing daily activities for at least 90 of the first 180 days following the accident. If your injury meets this threshold, you can file a claim for pain and suffering in addition to economic losses.
Outside of car accidents, there is no such threshold in other types of personal injury cases—such as slip and falls or nursing negligence. As long as you can prove that your injury was caused by someone else’s negligence and that it has caused you physical pain or emotional distress, you may be eligible to recover pain and suffering damages.
New York does not cap these damages, meaning there is no limit on the amount you can recover for non-economic losses, unlike in some other states. However, calculating damages often requires a thorough evaluation of your injury’s impact on your daily life, medical condition, and future prospects.
This is where experienced personal injury attorneys can make all the difference in your recovery. At Rosenberg & Gluck LLP, we work closely with medical professionals, vocational experts, and economists to assess your current and future losses accurately. Our goal is to ensure you receive full compensation for the harm you’ve suffered.
What to Discuss with a Personal Injury Law Firm
Once you decide to meet with a personal injury lawyer, it’s important to know what to discuss. The initial consultation is a chance for you to share your story, ask questions, and better understand whether you have a valid claim.
Here’s what to cover during your consultation:
- Details of the Accident: Provide your lawyer with a thorough account of the accident, including where and when it happened, who was involved, and how it occurred. Share any police reports, witness statements, and photos you have from the scene.
- Your Injuries and Medical Treatment: Discuss the nature and extent of your injuries, including any diagnoses, treatments, and long-term prognosis. Bring copies of your medical records and bills to give your lawyer a clear picture of the costs you’ve incurred.
- Your Insurance Claim: Let your lawyer know if you’ve already filed an insurance claim and whether you’ve received any settlement offers. Your lawyer will review the offer to ensure it covers all your damages and advise you on whether to accept or negotiate for more.
- Ongoing Expenses and Lost Income: In addition to medical bills, your lawyer will want to know about other financial losses you’ve experienced. This may include lost wages due to time off work, reduced earning capacity, or ongoing treatment and rehabilitation costs.
- Your Long-Term Recovery and Impact on Daily Life: It’s important to discuss how your injuries have affected your daily life physically and emotionally. This includes chronic pain, mobility limitations, and the emotional toll of dealing with a serious injury. These factors will play a significant role in calculating compensation for pain and suffering.
What to Expect from the Personal Injury Claims Process
You may wonder what comes next after you meet with a lawyer and decide to proceed with your claim. Your lawyer will begin by thoroughly investigating your accident. This may involve collecting evidence, interviewing witnesses, reviewing medical records, and consulting with experts to establish fault and prove the extent of your injuries.
Many personal injury cases are resolved through settlement negotiations rather than going to trial. Your lawyer will negotiate on your behalf to secure a fair settlement that covers all your losses. If the insurance company refuses to offer a reasonable amount, your lawyer may recommend filing a lawsuit.
If settlement negotiations fail, your lawyer will file a personal injury lawsuit in New York court. This begins the litigation process, which may include discovery (exchanging evidence), depositions, and pretrial motions.
While most personal injury cases settle before trial, some cases may go to court. If your case goes to trial, your lawyer will present your case before a judge or jury, advocating for full compensation for your injuries and losses.
Contact Rosenberg & Gluck: Your Local Long Island Personal Injury Lawyers
Having the right legal team by your side is vitally important when you’ve been injured in an accident. At Rosenberg & Gluck LLP, we are dedicated to helping injury victims on Long Island navigate the complex process of filing a personal injury claim. Our lawyers have a deep knowledge of New York’s personal injury laws and are committed to fighting for the compensation you deserve.
Our legal team understands that every accident and injury is unique. We take the time to listen to your story and tailor our approach to meet your needs. With our local presence and decades of experience serving clients in New York, we are ready to stand by your side every step of the way.
If you’ve suffered bodily injury in an accident, don’t wait to seek legal help. Contact Rosenberg & Gluck LLP today for a free consultation and find out how we can help you move forward. Call our Long Island office at 631-451-7900 or contact us online. We serve Suffolk County, Nassau County, and the Boroughs.
