Personal Injury Attorneys Serving the Bronx

Proving negligence is the main factor contributing to your case’s strength. Without it, you cannot claim personal injury damages.

To demonstrate negligence, you must prove:

1. The at-fault party had a duty of care to you (the person or company was legally responsible for acting reasonably to prevent injuries).
2. There was a breach of duty of care
3. The breach of duty of care caused injuries
4. Injuries led to specific damages

To prove negligence, you must identify responsible parties, collect evidence, hire expert witnesses, and much more. Without an experienced attorney in your corner, making easy mistakes that could cost you the chance to recover damages.

The first thing to do after an accident that causes your injuries is to get medical attention. While it can be helpful to collect evidence the moment an incident occurs, your health is still a top priority.

When you start feeling better, look for an attorney. The faster you hire a reliable firm, the more chances a lawyer has to collect important evidence from the site of the incident.

With an attorney in your corner, you can take legal action on time, avoid mistakes, and maximize your chances of recovering sizable damages.

You want to obtain maximum compensation when you get hurt due to someone else’s negligence. While we cannot guarantee results or determine exactly how much you will receive, we can promise to fully assess your claim and identify and calculate the total compensation you need to cover all your injuries and losses. However, the amount of this compensation in personal injury cases depends on various factors.

How Well You Collect Evidence

Evidence is the driving force behind a strong personal injury case. Without extensive evidence, it is hard to ask for a large compensation.

Examples of solid evidence include:

• Evidence that demonstrates the at-fault party’s negligence (photos, videos, witness testimonies, police reports).
• Evidence that backs your injuries (medical bills, photos, doctors’ reports).
• Evidence that shows your pain and suffering (photos, personal journals, expert witness testimony).
• Evidence that backs lost wages (W-2 forms, financial statements, pay stubs).

Experienced personal injury attorneys help you collect evidence and evaluate the strength of your case based on what they can find. Most importantly, they advise which evidence carries value and which does not.

You can start collecting evidence as soon as the incident occurs. Unfortunately, at that point, many people are too hurt, scared, and confused to think about legal action.

Experienced attorneys know how to collect evidence days, weeks, or even months after the incident. However, the faster they begin, the more chances they have of gathering the most valuable pieces.

The Severity of Your Injuries

The more you get hurt, the more money you can try to recover. For example, if you break an arm in a car accident, you will get less money than someone who sustained a traumatic brain injury or needs complex surgery.

People with catastrophic injuries and permanent disabilities usually recover larger amounts. However, just because your injuries are not severe does not mean you should not fight for your money.

These injuries can still require medical assistance, force you to miss work, and cause pain and suffering. Even if you recover quickly, you can still seek damages.

Insurance Policy Limits

When you file a claim with the at-fault party’s insurance company, you can only ask for the amount the policy covers. For example, the settlement depends on the at-fault party’s auto liability insurance limits if you sustain injuries in a car accident.

In the Bronx, minimum auto insurance requirements include:

• $25,000 for injury and $50,000 for death per person in the accident (if only one person needs compensation).
• $50,00 for injury and $100,000 for death if two or more people need compensation.

Accordingly, if your personal injury claim is for $100,000, the minimal insurance can only cover $25,000.

You can directly sue the at-fault party for the remaining amount when this happens. An attorney can build a strong case and present it in court to maximize your chances of winning.

The Multiplier

Besides recovering economic damages (medical expenses, lost wages, property damage), you can seek compensation for non-economic damages or pain and suffering.

Compensation for pain and suffering is usually higher than for economic damages. This happens because judges and insurance companies typically use the multiplier method to calculate non-economic damages.

They multiply your economic damages by a number to get the amount of non-economic damages.

The number depends on many:

• Severity of injuries
• Probable time of recovery
• Permanent or temporary disfigurement
• Impact on quality of life

You need to gather specific evidence and hire expert witnesses to back pain and suffering. With an attorney’s assistance, you can prove that you are entitled to significant compensation for your emotional anguish.

New York’s statute of limitations establishes your deadline to file a personal injury lawsuit. In the Bronx, this time is three years for most personal injury claims based on negligence. If you do not file a lawsuit within three years from the time you got hurt, you may lose your chance to recover compensation.

The exceptions to the statute include:

• Age: If the victim is a minor, the statute of limitations starts working when they turn 18.
• State of mind: If injuries cause the victim to be in an unsound mind, the statute comes into effect when the victim regains a sound state of mind.
• Location: If the at-fault party leaves the state of New York and the victim cannot serve them, the clock starts running from the moment they return. This also works if the at-fault party stays in New York but lives under a false name.

If none of the exceptions apply to you, and you miss the three-year filing deadline, the judge will likely dismiss the claim.

Many people who suffer from personal injuries put off the filing process until they recover. It is essential to understand that three years is hardly a long time.

Putting off legal action can reduce your payout because:

• Witnesses forget details or leave town.
• Evidence fades and becomes harder to collect.
• The at-fault party’s financial situation can change.
• The at-fault party can leave the state.

Even if you are still dealing with your injuries, you can still recover a significant amount of money by demonstrating your need for future treatment.

With an experienced attorney by your side, you can start legal action as soon as possible and improve your chances of getting fair compensation.

Like most personal injury attorneys, the Bronx personal injury lawyers at Jacoby & Meyers, LLP, work on a contingency fee basis. This means we charge you nothing upfront to represent you, and we only accept a fee if we recover compensation for you through an insurance settlement or court award. This way, you can get the quality, effective legal representation you need without worrying about the cost or how much you will have to pay out of pocket. Your attorney will go over everything with you during your free initial consultation so you know what to expect before you sign a contract.

The answer to this question also depends on many factors. Depending on the type of injuries that you have suffered and the complexity of your personal injury case, it could take a few weeks to over a year to resolve your case.

Your case’s timeline will also somewhat depend on the skill of your lawyer. If your lawyer has strong negotiation skills and can prove to the insurance company that you deserve the full value of your claim, then your case will likely wrap up rather quickly. In other situations, even if your lawyer is a skilled negotiator, the insurance company may simply refuse to act reasonably, and your case may require a trial to ensure that you recover compensation for the full cost of your injuries.

At Jacoby & Meyers, LLP, in everything we do, we keep your best interests, your needs, and your future in mind. We understand the value of your claim, and we can work aggressively to prove why you deserve the full value of your claim. You deserve an advocate on your side with the experience that you need to maximize your recovery.

Our results speak for themselves. While you are focused on your injuries and returning to normal life, we focus on your personal injury claim and holding the negligent party at fault and liable for your injuries and your suffering.

Yes, in New York, you can recover compensation for your injuries even if you bear some responsibility for causing them. New York follows a pure comparative fault rule. This means your ability to pursue compensation is not barred by your level of fault, but the compensation you could receive may be reduced by your percentage of fault.

For example, if the court awards you $150,000 in total damages but determines you were 25% at fault, you will only receive 25% of total damages, or $112,5000.

Because of comparative negligence, the other party’s insurance company or legal counsel may try to place more blame on you for the accident than is fair in order to reduce their own liability for your injuries. Do not let them take advantage of you. The attorneys at Jacoby & Meyers, LLP, are committed to protecting your rights and thoroughly investigating the cause of your injuries to hold all responsible parties accountable. We are here to fight to help you get the maximum compensation you deserve.

Many personal injury cases end with a settlement from the at-fault party’s insurance company. To ensure the settlement is fair, you must conduct effective negotiations.

Negotiating with an insurance company is never easy. Their goal is to minimize or avoid a payout. Insurance adjusters use various techniques to pressure victims into taking a lower settlement.

Even with legal experience, negotiating with an insurance company when you are emotionally involved can be counterproductive. Many victims (even lawyers) prefer to delegate negotiations to an experienced attorney.

The personal injury claims process in The Bronx involves several steps. If you’ve been injured due to someone else’s negligence, here’s an overview of the steps you might take in pursuing a personal injury claim:

• Seek Medical Attention: Your health and safety are your top priorities. Seek medical attention for your injuries as soon as possible after the accident. Not only will this provide you with the medical treatment you need, but it will also create documentation that you suffered an injury and received treatment. You will need this information to have a valid injury claim.
• Document the Scene: If it’s safe and you are physically able, take photos of the accident scene, injuries, and any contributing factors. This documentation can serve as evidence later.
• Gather Information: Collect contact details of witnesses and parties involved in the incident, including names, addresses, and phone numbers.
• Report the Accident to Authorities or the Appropriate Parties: If applicable, report the incident to the relevant authorities, such as the police for motor vehicle accidents or property owners for premises liability incidents. If the accident happened at work, notify your employer immediately.
• Preserve Evidence: Keep records of medical reports, police reports, bills, and any other documents related to the accident and your injuries.
• Consult a Personal Injury Attorney: After getting medical treatment, you should contact a skilled personal injury attorney in The Bronx who can evaluate your case, advise you on your legal options, and guide you through the process.
• Investigation: Your attorney will investigate the circumstances of the accident, gather evidence, and determine liability.
• Continue/Complete Your Medical Treatment: Follow your doctor’s recommendations and attend all necessary medical appointments. Proper medical documentation is crucial for your claim.
• Settlement Negotiations: When your attorney submits your claim to the insurance company, they will likely include documentation that outlines your injuries, damages, and the total compensation you need. The insurance company will probably respond with a lower settlement offer that does not cover all your injuries and losses. Your attorney will negotiate with the insurance company to reach a fair settlement. Negotiations can take time as both parties assess the case.
• Filing a Lawsuit: If the insurance company refuses to negotiate a suitable settlement cannot be reached–or if they unjustly deny your valid claim–your attorney may file a lawsuit in a Bronx court. This initiates formal legal proceedings. During the process, your attorney will engage in a number of different actions, including
  • Discovery: Both sides exchange information through the discovery process. Depositions, document requests, and interrogatories are common during this stage.
  • Mediation: Mediation is an alternative to trial, where a neutral third party assists in reaching a settlement. This step is taken before proceeding to trial.
  • Trial: If mediation fails, your case may go to trial. Both sides present evidence, and a judge or jury decides the outcome.
  • Verdict or Settlement: If the case goes to trial, a judge or jury will hear the case and render a verdict. If a settlement is reached, the case is resolved without a trial.
  • Appeal (if applicable): Either party can appeal the verdict if they believe there were legal errors during the trial.

Keep in mind that the duration of each stage can vary based on factors such as the complexity of the case, negotiations, court availability, and the need for expert opinions. Consulting a skilled personal injury attorney will help you navigate this process effectively and ensure your rights are protected.

Will my case go to trial?

While it is true that most personal injury claims settle out of court, sometimes, a trial is unavoidable. We know that, as a personal injury victim, you simply want this all behind you as quickly as possible. We understand, but we also only want to put this behind you once you have recovered compensation for your injuries.

Soon after your injury, you might receive a call from the at-fault party’s insurance company. This may excite you because the company will likely offer you a financial settlement that makes you feel as if you can finally put this terrible part of your life behind you and begin to heal. The problem with these initial offers is that they rarely reflect the true value of a claim. Have your attorney review the settlement offer and ensure that it reflects the true cost of your injuries, which may include future expenses.

Insurance companies often prey on victims and offer them quick settlement offers meant to close their cases. If you sign this lowball settlement offer, you will likely waive your right to bring any future claims against the insurance company for this injury. As your Bronx personal injury lawyer, we can help you create an accurate estimate of your future medical needs, so you do not realize too late that your settlement was too small to cover all of your expenses. You should not have to pay a dime out of your own pocket to recover from an injury that wasn’t your fault.

Working with a trusted personal injury lawyer in New York can help you achieve that goal.

Even so, insurance companies sometimes refuse to act with reason. Even if your attorney presents them with compelling evidence that you were not at fault and thus deserve the full value of your claim, they may refuse to negotiate. Oftentimes, they employ defensive strategies that aim to bully unrepresented victims into accepting low-ball settlement offers. Fortunately, we are here to stand up to the big insurance companies for you.

If your case does indeed go to trial, you want to make sure you are working with a skilled personal injury attorney in the Bronx who has trial experience with personal injury claims. Not every attorney has that experience. At Jacoby & Meyers, LLP, we do. We are ready to work with expert witnesses and accident re-creation experts, take witness depositions, negotiate with insurance companies, and defend your rights at trial.

Many people mistakenly believe personal injury cases are simple. Someone else caused your injury, so of course, that party should be liable for your injuries, your suffering, and your bills. Unfortunately, it’s rarely this easy.

The right Bronx personal injury attorney can make a difference in your case and play an integral part in your ability to recover money for the full cost of your injuries. Choosing a lawyer to help you protect your rights is an important step in your recovery process. You want a lawyer with experience in your type of personal injury case, one who knows the games insurance companies play, and one with the resources necessary to take your case to trial, if that’s what is required to maximize your compensation.