Personal Injury Lawyers in New York City

Our Local Personal Injury Lawyers Can Help!

New York City is a diverse and culturally rich metropolis that is home to countless global attractions, renowned artists, and successful businesspeople. Unfortunately, it is also home to accidents. On average, 292 people die in car crashes each year, more than 6,207 are injured, and countless others are injured or killed in other types of accidents. In addition to motor vehicle collisions, people get hurt on public buses, fall in shops, restaurants, or other locales, and suffer workplace injuries.

New Yorkers are often on the go, making the city vibrant but also prone to accidents. Whether you're a commuter traveling through the bustling streets, a tourist experiencing the skyline from a taxi, or a resident navigating familiar routes, unexpected incidents can occur. Our local knowledge allows us to navigate these nuances effectively, maximizing the chances for a favorable outcome. Safety regulations and state laws can further complicate matters, and our team is skilled in managing these complexities to ensure you're protected.

If you have been injured in or around New York City, Restivo & Murphy LLP is here for you. We are a trusted name in the legal community and have a long history of results. We pursue maximum compensation for all our clients, and we can help you, too.

All you have to do is call us at (800) 997-9109 and schedule a free consultation.

What Is Personal Injury?

The term “personal injury” can be misleading because it is not used to describe an injury but rather to refer to a field of law. Personal injury law or “tort law” helps victims recover financially from “torts,” or acts or omissions that give rise to injury or harm to another. Most of the time, torts are caused by negligence, which is a legal term for carelessness.

Personal injury can include a broad range of incidents, from minor fender-benders to severe accidents that result in long-term health issues. It is essential to understand the nature and extent of injuries sustained and how they relate to the law. Whether dealing with physical injury or emotional distress, the goal is to alleviate the burden on the victim while ensuring they receive deserved justice under the prevailing state laws.

If someone drives down the road with their eyes glued to their cellphone, for example, they are being negligent, and if someone gets hurt, their negligence leads to a tort, which may lead to a personal injury lawsuit. Need help filing a personal injury lawsuit? Our local NYC attorneys are ready to get started whenever you are!

Proving Negligence in New York

To win your personal injury case, you will need to prove negligence, and our firm is here to help you do just that. We will organize all relevant documents and gather additional evidence, work with insurance companies, and clarify the facts in your case.

Understanding how negligence is proven is crucial to your claim's success. The evidence must clearly show that the defendant acted in a manner contrary to what a reasonable person would, thereby causing harm. It's not just about gathering evidence; it's about interpreting it within the legal framework. Demonstrating negligence often involves expert testimony, detailed accident reconstructions, and a clear timeline of events, all of which our experienced team is adept at handling.

Ultimately, we will prove negligence by showing:

• The person who harmed you (the defendant) owed you a duty of care
• The defendant breached this duty (by behaving carelessly)
• You suffered injuries or losses
• Your suffering is a result of the defendant’s breach

According to the American Bar Association, automobile accidents are the area in which most personal injury cases arise and provide a good example of how personal injury lawsuits work. So, let’s return to our previous “texting while driving example:”

• All drivers in New York owe a duty of care to those around them
• Texting behind the wheel is a careless activity
• People get hurt in car crashes
• Texting while driving causes car crashes (and injuries)

Not all cases are this cut and dry, and even when they are, insurance companies may try to muddle the facts and shirk liability. That’s why you need experienced, trustworthy legal counsel on your side. That’s why you need Restivo & Murphy LLP.

Types of Personal Injury Cases We Handle

Personal injury claims come in all shapes and sizes. The types of cases we see most often at our firm include:

In addition to these, personal injury can stem from incidents like dog bites, defective products, and medical malpractice. Each type requires a distinct legal strategy. For instance, construction accidents might involve complex liabilities between contractors, subcontractors, and site owners, requiring in-depth legal expertise. Similarly, premises liability cases demand proving the property owner's failure to maintain a safe environment, which can be challenging without the right evidence. 

We provide tailored strategies for each claim, ensuring all angles are covered. We also handle claims involving serious injuries, such as amputations and head injuries, as well as wrongful death claims and cases resulting from fatal car accidents.

No matter how big or small your case may seem, you are here because it has had a profound impact on your life. While nothing we do can change what happened, having the right resources can help you move forward.

Understanding Damages in Personal Injury Cases

After a devastating injury or personal loss, pursuing legal action might be the last thing on your mind. Nevertheless, the financial realities of your accident will continue to stack up whether you are thinking about filing a lawsuit or not.

Personal injury cases balance the scales of justice by helping ensure people like you do not have to face the consequences of other people’s wrongdoings by themselves. A successful lawsuit will lead to damages, in either a settlement or a jury award.

Damages can help you account for:

Compensatory damages help you handle economic and non-economic damages, like medical bills (which are easy to assign a value to) and pain and suffering (which is more subjective). In cases of extreme negligence or criminal activity, punitive damages may also apply. Also called exemplary damages, punitive damages are designed to punish the wrongdoer and make an example of them to discourage similar behavior in the future.

Determining the appropriate damages requires a deep understanding of both immediate and long-term impacts. This involves comprehensive calculations with inputs from medical professionals, economic experts, and life care planners, providing a full picture of future needs and financial losses. Our team ensures that every possible area of loss is meticulously accounted for, presenting these findings effectively to secure fair compensation.

Help yourself, and help your community by giving us the chance to assist you through this.

Getting Started with Restivo & Murphy LLP

At Restivo & Murphy LLP, your claim always starts with a free initial consultation. We have offices in New York City and Garden City, but if you cannot make it to us, we are always happy to travel to you. Our firm focuses on results, and we get those results by making sure you have the legal advice and personalized attention you need throughout your entire case. While we are understanding and compassionate with you, we are aggressive and do not back down when it comes to insurance companies. That is how we have recovered millions of dollars from some of the fiercest opponents in the legal industry.

For most people, a serious accident or injury happens only once in a lifetime, if that. As a result, most people who do suffer serious injuries or the wrongful death of a loved one have no idea whether they have a viable case or what to expect from the legal process. At Restivo & Murphy LLP, we focus on taking care of our clients. That is how we built our firm from the ground up into one of the premier personal injury firms in New York City.

Initiating a claim can seem daunting, but we make the process straightforward. During our initial consultation, we review the specifics of your situation, outline your potential options, and answer any questions you may have about the legal journey ahead. We provide guidance on collecting and preserving evidence, interfacing with insurance companies, and understanding potential case outcomes. We are an ally you can trust throughout this challenging time. We are available 24/7 for your needs and ready to help.

Call us today at (800) 997-9109 or send us a message to schedule a free initial consultation.

Common Questions About Personal Injury in NYC

What Should I Do Immediately After an Accident in NYC?

The moments following an accident can be chaotic and overwhelming. Your first priority should always be your health and safety. If you are able, check for injuries and call emergency services to ensure medical attention is provided. It's important to report the incident to the police, as their report will be a crucial piece of evidence. Collect information from all parties involved, including their contact details and insurance information. Also, gather evidence by taking photos and noting details like weather conditions and traffic signals. Remember, any discussion about the accident should be limited to facts; avoid making statements that could be taken as admissions of fault.

Once the immediate needs are handled, maintaining records is critical. Document your medical appointments, expenses related to the accident, and any communications from insurance companies. This information will be indispensable when building your claim. Consulting with a knowledgeable attorney promptly can also offer clarity and direction, ensuring that your rights are protected, and all legal protocols are followed effectively.

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

In New York, the statute of limitations for filing a personal injury claim is generally three years from the date of the accident. This time frame applies to general personal injury claims, including those resulting from car accidents and slips and falls. However, there are exceptions. For instance, if your accident involved a municipal entity, such as a city bus or public transportation, you may have a shorter time to file a notice of claim, typically within 90 days. Therefore, understanding the specific time limits and deadlines for your situation is crucial to preserving your right to pursue compensation.

Acting promptly not only ensures compliance with legal deadlines but also aids in preserving evidence and securing witness testimonies. The longer you wait, the harder it may be to gather critical evidence necessary for your claim. By consulting with a skilled attorney, you can navigate the timelines effectively, ensuring that all required actions are taken within the appropriate timeframes and that your opportunity for recovery is not jeopardized.

What Types of Compensation Are Available for Personal Injury Claims?

Compensation in personal injury claims aims to make the injured party whole by covering both economic and non-economic damages. Economic damages include tangible costs such as medical bills, rehabilitation expenses, lost wages, and any future earning potential affected by the injury. Non-economic damages, on the other hand, refer to subjective impacts like pain and suffering, emotional distress, and loss of enjoyment of life. The specific damages available in your case will depend on the nature and extent of your injuries, and how they affect your day-to-day life and future.

In some instances, punitive damages may also be awarded if the defendant's conduct was particularly reckless or intentional. These damages are not intended to compensate the plaintiff but to punish the defendant and deter similar behavior in the future. Understanding the scope of available compensation is vital when preparing your claim, ensuring that all potential avenues for recovery are explored. Our attorneys at Restivo & Murphy LLP will diligently assess your case to determine which damages are applicable and how to effectively pursue them.

Can I Pursue a Claim If I Am Partially at Fault for the Accident?

Yes, in New York, you can still pursue a personal injury claim even if you are partially at fault for the accident. New York follows a comparative negligence rule, which means that compensation can be adjusted based on your degree of fault. If you are found to be partly responsible, your compensation may be reduced in proportion to your share of the blame. For example, if you are determined to be 20% at fault, you might still receive 80% of the total damages awarded.

It's essential to understand how fault can impact your recovery and the strategies available to counter any unfair accusations of negligence. At Restivo & Murphy LLP, our attorneys are skilled at analyzing the facts and evidence of your case to minimize your attributed fault and maximize your compensation. Evaluating all contributing factors with our legal team can help build a strong case that accurately reflects the events, ensuring you receive the compensation you deserve even if partial fault is found.

Why Should I Choose an Attorney with Local Experience in New York City?

Choosing an attorney with local experience in New York City is invaluable for navigating the complexities of personal injury law in such a diverse and bustling environment. Local attorneys are familiar with the specific laws and regulations unique to New York, as well as the nuances of dealing with city agencies, healthcare providers, and unique traffic patterns. Their insight into local court procedures and familiar relationships with judges and insurance adjusters can provide a distinct advantage.

Moreover, attorneys with a presence in NYC understand the common types of accidents that occur in various neighborhoods, the resources available for recovery, and the geographical and logistical issues that might arise when gathering evidence and handling claims. This local expertise ensures that your legal strategies are tailored to the specific environmental and cultural dynamics of New York City, increasing the likelihood of a favorable outcome. At Restivo & Murphy LLP, our deep-rooted connection to the community enables us to offer effective advocacy for each and every client.