Personal Injury

At FM Injury Law we are your unwavering partner in maneuvering through the complexities of personal injury claims. We are resolute in our dedication to helping injury victims navigate the legal aftermath of accidents caused by others’ negligence. We understand that juggling the intricacies of a legal case while dealing with a personal injury can be overwhelming. By retaining our firm, we will shoulder that burden, allowing you to dedicate your time, focus, and energy to your medical treatment and recovery. 

Our clients always come first. With a strict limit on the number of cases we take on, we ensure individualized attention to each case so that the clients receive the maximum compensation. We also stay updated on New York law to provide the optimum service. 
Our dedicated attorneys will handle the legal procedures required to preserve and assert all your rights and fiercely fight for the compensation you deserve.

We deal with a wide range of personal injury cases, including but not limited to:

• Car accidents
• Truck accidents
• Bus accidents
• Construction accidents
• Workplace accidents
• Pedestrian accidents
• Bike accidents
• Elevator accidents
• Premises liability cases

Filing a Personal Injury Lawsuit in New York

It’s important to understand that filing a personal injury lawsuit without legal representation can be overwhelming, especially after a serious injury. If you’re considering such a lawsuit, keep the following points in mind to help ensure a smoother process:

Case has to qualify as personal injury: To file a personal injury claim, determine if your accident qualifies. The key difference is negligence. According to the New York City Bar, ask three questions to determine if your case qualifies:

1. Was There A Duty of Care: Everyone has a legal responsibility to consider others and take reasonable steps to avoid causing harm. 
2. Was There A Breach of Duty: Failure to act with reasonable regard for others can be considered a breach of duty, such as a driver causing harm due to distraction. 
3. Was There A Proximate Cause: It’s important to establish a direct link between the injuries and the breach of duty, for example, a distracted driver directly causing harm to a pedestrian.

• If you answered “yes” to these three questions, you likely have a valid personal injury claim. To establish the other party’s liability, you must clearly demonstrate that their negligence directly caused your injury or illness.

There Is A Time Limit: In New York, the statute of limitations for personal injury cases is generally 3 years from the date of injury. However, there are exceptions. For example, municipal cases have a time limit of just 90 days. It’s crucial not to delay contacting an attorney if you believe you have a case.

Workers’ Compensation vs Personal Injury: Workers’ compensation programs and personal injury lawsuits allow those injured to obtain compensation for their damages. However, there are a few key differences:

• Workers’ compensation exclusively covers workers who have sustained injuries or illnesses while performing their job duties. In contrast, personal injury cases encompass a broader spectrum of accident victims, including those involved in car accidents, premises liability incidents, and product liability cases.
• Negligence does not factor into workers’ compensation cases. If workers can prove that they were injured while carrying out their job duties, they are entitled to compensation. Conversely, personal injury cases are only valid if negligence is the cause of someone’s injury.
• As a worker, it is possible to receive workers’ compensation benefits and pursue a third-party personal injury claim if you believe negligence contributed to your injuries. If you are filing a personal injury case for an accident unrelated to your employment, you are likely ineligible to receive workers’ compensation benefits.

Filing A Claim Against A Government Or Municipality: If you’re injured due to government negligence, such as slipping on unattended black ice or being in an accident with a government-owned vehicle, the process of filing a personal injury claim is different. To file a claim against New York City or New York State, you must submit a Notice of Claim within 90 days of the accident. This notice is essential, as failing to submit it may result in losing your right to file a lawsuit. Given the short timeframe and the immediate aftermath of the accident, it’s crucial to consult with a personal injury attorney as soon as possible after the accident. 

Damages in Personal Injury Cases

Once you’ve hired a personal injury attorney, they will review your case and assist you in identifying the damages for which you can seek compensation. Damages refer to the harm you have suffered as a result of your injuries, for which you may receive monetary compensation. Some common types of personal injury damages include:

• Medical bills and expenses for both past and future treatment
• Funeral and/or burial expenses if death resulted from the accident
• Loss of income if the injury keeps the victim from returning to work
• Loss of quality of life
• The victim’s pain and suffering
• Emotional trauma the victims experience, such as PTSD or depression

In a personal injury case, not all plaintiffs are entitled to claim all damages. Compensation varies based on the case and the impact on the victim. The goal is to restore the victim as closely as possible to their pre-accident state through monetary compensation. For example, a construction worker who suffers spinal injuries from falling off an unsecured ladder may seek compensation for medical expenses, loss of income, and diminished quality of life.

Pain and Suffering

In a personal injury case, quantifying pain and suffering can be challenging. Pain and suffering encompass both physical and mental injuries, including immediate pain and any lasting suffering. For instance, if someone is in a car accident and sustains severe injuries that prevent them from returning to work or enjoying activities with their family, their pain and suffering damages would cover the physical pain, ongoing suffering, as well as mental anguish of not being able to live life as they did before the accident. Quantifying these damages can be abstract, with methods such as the “multiplier method” and the “per diem method” used to calculate the compensation owed. Consulting a personal injury lawyer is essential for determining the appropriate compensation for pain and suffering.

Punitive Damages

Punitive damages are rare and only apply when the negligent party behaves recklessly or intentionally. They are awarded in addition to compensatory damages to punish the defendant and deter such behavior in the future. They are only granted in civil cases and are rare in New York.

New York Personal Injury Laws

Certain laws in New York pertain specifically to personal injury cases.

Comparative Negligence

In New York, the state follows a comparative negligence system, which affects the compensation a plaintiff can receive in a personal injury case. Both parties can be held responsible to varying degrees, leading to a reduction in the plaintiff’s compensation based on their assigned fault percentage. This concept usually arises in trials and is less common in pre-trial settlements with insurance adjusters.

Car Accidents: No-Fault Insurance Law

In the event of a car accident in New York, regardless of fault, all drivers with a New York license are mandated to have no-fault insurance. This means that after an accident, they must first seek compensation for medical expenses and lost income from their own insurance. It’s important to note that a driver involved in an accident cannot pursue a personal injury claim unless their expenses exceed the no-fault limit (which is $50,000 in New York) or their injuries are deemed “serious” according to the law. Serious injury includes:

• Death
• Dismemberment
• Significant disfigurement
• Bone fractures
• Permanent or significant loss of use of a body function or system

It is crucial to remember that under New York’s no-fault laws, a New York driver involved in an accident can only seek compensation from their insurance unless their medical bills and expenses exceed $50,000 or they have sustained a serious injury. If either of these exceptions applies, the driver can proceed to file a personal injury case if they believe there was negligence involved in causing the accident. The definition of a serious injury can be ambiguous, and if you suspect you may have a personal injury case but are concerned about violating the no-fault law, it is imperative to seek the counsel of a personal injury lawyer. 

If you or a loved one has suffered an injury that you believe is the fault of another party, do not hesitate to contact FM Injury Law to explore your legal options. Remember, each state imposes a time limit for filing a personal injury lawsuit, so it is essential to reach out to a personal injury attorney as soon as possible after sustaining an injury.