Personal Injury
Award-Winning Personal Injury Legal Representation
Washington Heights Personal Injury Attorney
The small neighborhood of Washington Heights, NYC has experienced a significant decrease in crime rates over the years. Although there are fewer and fewer violent crimes, personal injury cases are still contributing their fair share of burdens for court dockets.
Personal injury cases are those brought by victims of accidents or injury due to the negligence, carelessness, or intentional acts of another. The victims are entitled to compensation and have the right to initiate a personal injury case and make a claim. There are many types of personal injury cases, but as long as you are not at fault or even partially at fault, you may have the potential to recover damages.
But like any court procedure, you must be able to prove that the injury you sustained is indeed the fault of another person. That’s why you need a competent and experienced personal injury lawyer in Washington Heights NYC who can help you build your case, navigate the legal complexities, and make a solid claim to get the compensation you deserve.
What is a Personal Injury Lawsuit?
A personal injury lawsuit is a case initiated by a victim who has suffered harm or injury because of the negligent or careless acts of another. The action can also be deliberate, such as in the case of assault, battery, or false imprisonment.
A personal injury lawsuit is a civil case that aims to seek compensation for the injury, along with medical bills, loss of capacity to work, loss of income, and pain and suffering. If the court awards the damages, then the defendant’s insurance company will need to pay and give you the rightful compensation that you deserve.
To begin a personal injury lawsuit, the individual who suffers injuries typically files a complaint against a defendant, which can be another individual, a corporation, an establishment, or a government agency. The complaint must allege that the defendant acted negligently or carelessly, causing harm and injury to the complainant.
However, not all personal injury cases reach the court. In some cases, the parties are able to work out a settlement. A settlement is usually a meeting where the victim, the defendant, and their attorneys meet and negotiate on matters. The goal is to agree on a certain amount of compensation in exchange for the complainant dropping the case against them.
Other dispute resolution procedures like mediation and arbitration can be taken to prevent taking the case to court and settle the matter in a quicker and more informal way.
How to Prove Personal Injury
To bring weight to a personal injury lawsuit, you must be able to prove that the injury was in fact caused by the acts of another, or at the very least, they contributed to the cause of the accident. There are four elements that have to be proven to succeed in a personal injury claim, and your lawyer should be able to establish them.
1. The at-fault party had a duty to prevent harm or injury
We all have a duty to act carefully and reasonably so that we do not bring harm to others. That is the standard of care expected from each and every one of us. Professionals will have a more specific standard of care. For example, doctors should act accordingly and give the proper medication to their patients, diagnose them properly, recommend the right treatments, etc.
1. The duty was breached
In order to sustain a personal injury claim, it must be proven that the duty was breached by the at-fault party. The breach can either be intentional or caused by carelessness or negligence. By breaching his or her duty, the at-fault party caused a dangerous and harmful situation your way.
1. The breach caused your injury
There must also be a causal relationship between the breach of duty and your injury. This is what defendants usually argue in court — that their negligence was not the cause of your injury. Your lawyer must be able to prove that there is some sort of link between the breach of duty and the injuries or harm that you suffered.
1. You suffered measurable loss and damages
And lastly, the injury that you sustained should have caused you measurable loss and damages. These include physical damages, property damages, lost income, loss of capacity to earn, and even emotional damages like pain and suffering.
Types of Personal Injury Cases in Washington Heights NYC
Personal injury can arise due to a variety of different circumstances. The most common causes are motor vehicle accidents, injuring millions of people every year. These are usually the type of accidents that cause fatalities.
Aside from motor vehicle accidents, other types of personal injury cases that are valid grounds to bring forth a personal injury case, include but are not limited to:
- Defamation. Defamation is a form of injury to a person’s reputation. In order to qualify and be a valid grounds for a personal injury claim, the plaintiff will have to prove that he or she suffered financial losses because of the defamatory statement.
- Dog Bites. Dog owners are responsible for their pets. And should their dog bite or cause injuries to another person, the owner will be liable.
- Medical Malpractice. Doctors have an extreme standard of care to treat their patients to the best of their ability. Medical malpractice suits are initiated when a doctor neglects or was negligent in their duty.
- Slip and Fall. Although slips and falls are fairly common and accidental, the property owner may be liable for injuries sustained by the victim. These can be caused by slippery floors, cracked pavements, lack of proper lighting, etc.
- Premises Liability. A defective or damaged property can be a safety risk. And if property owners do not address them, they can be liable for any injuries and accidents they cause.
- Product liability. Manufacturers have the responsibility of making sure that their products are safe for consumer use. They shouldn’t cause harm when used for their intended purpose. If there are product defects that cause injury to a consumer, the manufacturer can be held liable.
- Workplace Accidents. Injuries you sustain in the workplace because of hazardous work environments, defective equipment, etc. can be valid grounds for a personal injury claim.
- Wrongful Death. Sometimes, the negligence or carelessness of another can cause not only injury but death. This is when a wrongful death lawsuit comes into play and the deceased’s descendants can be able to claim damages.
How to Find the Right Washington Heights NYC Lawyer
Finding a lawyer is one thing. But finding a lawyer that’s right for you and the intricacies of your case is another. To increase your chances of winning your case and receiving the compensation you deserve, you need the help of the best Washington Heights NYC lawyer.
To help you find the right lawyer, you need to do your research and weigh your options properly. Take these steps:
- Look for attorneys around your area. Our firm has a lineup of award-winning lawyers in Washington Heights NYC who have handled many personal injury lawsuits.
- Schedule an initial consultation. Our firm offers a free initial consultation where we listen to you talk about your case and advise you about the legal actions that you can take.
- Ask pertinent questions. After your initial consultation, some important things you need to know include your lawyer’s background on your cases, their legal fees, their outlook about your case, and their strategies. A good lawyer will have no problem answering your questions and discussing possible routes to help you get the best results.
With a Giordano Law personal injury lawyer in Washington Heights, NYC, you will never be left in the dark or be uncertain about your case. Our priority is giving you the best legal advice, representation, and results.
Washington Heights NYC Legal Information
In Washington Heights, time is of the essence when it comes to your personal injury lawsuit. There is a statute of limitations that limits your time to file your case and make your claim. Most personal injury causes will have a time limit of 3 years, after which you can no longer recover damages.
We advise that you begin taking action to receive the compensation that you are entitled to. Contact our lawyers today so we can get started on securing justice for you and your loved ones. Our lawyers will work with you around the clock and will be available to assist you 24/7.
Contact Our Washington Heights NYC PI Attorneys Today
If you or anyone you know has suffered injury or harm because of the fault of another person, contact our lawyers today. Our seasoned, award-winning personal injury attorneys in Washington Heights, NYC can give you sound legal advice about your situation, create a strategy and outline the steps you need to take, gather evidence, and win your case.
We have an excellent track record of helping our clients recover the compensation they deserve. Allow us to resolve the legal matters in your case and work towards getting you compensated, while you focus on your recovery.
The Giordano Law Firm was founded by Attorney Jack Giordano. Mr. Jack Giordano is the managing partner and principal at the Giordano Law Firm.