Personal Injury Attorney in New York and New Jersey

The steps you take right after an accident can greatly affect your health and any personal injury claim you may pursue. Here’s what you should do:

1. Safety First and Medical Attention: If you’re in a car accident, for example, move to a safe area if possible and call 911 if anyone is injured. Get medical attention right away, even if you think your injuries are minor – some injuries (like concussions or internal injuries) might not show symptoms immediately. Paramedics can evaluate you at the scene, and it’s often wise to go to the ER or see a doctor as soon as possible. This not only protects your health but creates a medical record of your injuries.

2. Call the Police (for accidents): For auto accidents or incidents involving injury due to someone else’s actions, having an official report is important. Police will document the scene, collect information, and their report can be valuable evidence for your claim.

3. Gather Evidence: If you are able, collect names and contact info of witnesses and the other parties involved. Take photos or videos of the accident scene, your injuries, property damage, and any hazardous conditions (like a slippery floor in a store or the positioning of cars after a collision). In a car crash, exchange insurance information with the other driver(s). If it’s a slip and fall, report it to the property owner or manager and get a written incident report if possible.

4. Avoid Admitting Fault: Be truthful when speaking with police or medical personnel, but don’t volunteer statements like “It was my fault” or “I’m okay” when you might be hurt. Just state the facts of what happened as clearly as you can. Fault can be complex, especially in states like New York or New Jersey which have comparative negligence rules, so it’s best not to make definitive statements on the spot.

5. Contact a Personal Injury Lawyer: Before speaking to insurance companies, it’s often very helpful to consult an attorney. Insurance adjusters may try to get recorded statements or quick lowball settlements from you. A lawyer will protect your rights, handle communications with insurers, and start investigating your case properly. Most personal injury lawyers (including us) offer free consultations, so you can understand your options without cost.

Taking these steps helps ensure you get the care you need and preserves critical evidence. Our firm can guide you from the very beginning – advising you on what to do at the scene and in the days following an accident, and then handling the legal side to help you pursue compensation for your injuries.

You likely have a personal injury case if you were hurt due to someone else’s negligence or intentional wrongdoing. Key points to consider:

- Fault: Did someone else cause the accident or injury? Negligence means they failed to act with reasonable care. Examples: a driver running a red light and crashing into you, a store owner not cleaning up a spill leading you to slip, a dog owner failing to leash a dog that then bites you, or a doctor making a harmful mistake (which would be malpractice). If another party clearly did something wrong to cause your injury, that’s a strong indicator.

- Injury/Damages: You need to have suffered actual harm – physical injuries, and possibly financial losses or emotional distress. Even a relatively minor injury can count, but the extent of damages will affect the value of the case. If you slipped but weren’t hurt, you wouldn’t have a claim even if the property owner was careless. But if you did get hurt – incurred medical bills, lost time from work, endured pain – those are real damages you can claim.

- Time Since the Incident: Personal injury cases must be filed within the statute of limitations. In New York, for most negligence cases (like car accidents, slip and falls) it’s 3 years from the date of injury. In New Jersey, generally 2 years from the injury. If it’s been a long time, your window might be closing or closed (there are exceptions for some cases and for minors).

- Evidence: Consider what evidence exists. Were there witnesses? Is there a police or incident report? Photos or video? Did you get medical treatment linking your injuries to the accident? Lack of immediate evidence isn’t a deal-breaker, but having some proof helps. A lawyer can often assist in gathering evidence (like obtaining traffic cam footage or maintenance logs from a store) if brought in early.

If you’re unsure, it’s always wise to consult a personal injury attorney. We can evaluate the specifics (usually for free) and tell you if you likely have a valid case. Sometimes fault isn’t obvious or is shared – for instance, you might think you were partly to blame, but in New York/New Jersey even if you were partially at fault, you can often still recover damages (comparative negligence reduces recovery by your percentage of fault). We’ll analyze all this. In short, if you were hurt and suspect someone else’s carelessness or wrongful act contributed, that’s worth discussing with an attorney to see if you have a claim.

The deadline to file a personal injury lawsuit is known as the statute of limitations, and it’s crucial not to miss it:

- New York: For most personal injury cases (car accidents, slip and falls, etc.), the statute of limitations is 3 years from the date of the injury. This means you must file a lawsuit within 3 years or you lose the right to do so. There are exceptions: for example, medical malpractice is 2.5 years as mentioned earlier; wrongful death claims in NY are 2 years from the date of death; if the case is against a government entity (like you fell on a city sidewalk due to negligence), you often have to file a notice of claim within 90 days and the lawsuit within 1 year and 90 days.

- New Jersey: Generally, the statute of limitations for personal injury is 2 years from the date of the accident/injury. Similar to NY, wrongful death is 2 years from death in NJ. Claims against the government under the Tort Claims Act require a notice of claim within 90 days and then you can file after a certain period if the government denies or doesn’t respond.

It’s important to note that these are general rules – certain factors can toll (pause) the statute. For example, if the injured person is a minor, the clock might not start until they turn 18 (though some claims like against municipalities still require earlier action). Also, in some rare cases injuries that aren’t discovered immediately might allow a later start date (the discovery rule) but with common accidents, the date of injury is when the clock starts.

Because calculating the deadline can get complicated and missing it is fatal to a case, contacting a lawyer promptly is wise. We always keep track of these dates and will file well within the period. Even if you’re not sure about pursuing a lawsuit yet, it’s good to know your deadline so you don’t accidentally forfeit your rights by waiting too long. Bottom line: in NY up to 3 years for typical injuries, in NJ 2 years, but with many exceptions and special rules – so get legal advice early to protect your claim.- New Jersey: Generally, the statute of limitations for personal injury is 2 years from the date of the accident/injury. Similar to NY, wrongful death is 2 years from death in NJ. Claims against the government under the Tort Claims Act require a notice of claim within 90 days and then you can file after a certain period if the government denies or doesn’t respond.

It’s important to note that these are general rules – certain factors can toll (pause) the statute. For example, if the injured person is a minor, the clock might not start until they turn 18 (though some claims like against municipalities still require earlier action). Also, in some rare cases injuries that aren’t discovered immediately might allow a later start date (the discovery rule) but with common accidents, the date of injury is when the clock starts.

Because calculating the deadline can get complicated and missing it is fatal to a case, contacting a lawyer promptly is wise. We always keep track of these dates and will file well within the period. Even if you’re not sure about pursuing a lawsuit yet, it’s good to know your deadline so you don’t accidentally forfeit your rights by waiting too long. Bottom line: in NY up to 3 years for typical injuries, in NJ 2 years, but with many exceptions and special rules – so get legal advice early to protect your claim.

If you win a personal injury case or reach a settlement, you can typically recover monetary compensation for various losses, often referred to as damages. These include:

- Medical Expenses: This covers the cost of all medical care related to your injury. It includes hospital bills, ER visits, doctor appointments, surgeries, medication, physical therapy, medical devices (like crutches or wheelchairs), and even future medical treatment you’ll need. We often use medical experts to estimate future care costs if you have a long-term injury.

- Lost Income: If your injury caused you to miss work, you can claim the wages you lost. If the injury affects your ability to earn in the future (say you have a long-term disability or must take a lower-paying job), you may also claim loss of earning capacity for the future income you won’t be able to earn. This often involves an expert economist to calculate.

- Pain and Suffering: This is compensation for the physical pain and the emotional distress you’ve endured due to the injury. There’s no exact formula, but factors include the severity of the injury, the pain of treatments, and how the injury impacted your daily life and mental health. For example, compensation for a broken leg that heals fully will be less than for a permanent spinal injury that causes chronic pain and limits mobility.

- Property Damage: If any personal property was damaged in the incident (like your car in a car accident), you can recover repair or replacement costs. Often property damage is handled separately with insurance, but it’s part of your claim too.

- Other Out-of-Pocket Expenses: Any other costs incurred because of the injury can be claimed. This might include things like transportation to medical appointments, hiring help for chores you can’t do while injured, home modifications (like installing a ramp if you need a wheelchair), etc.

- Loss of Consortium or Services: In some cases, a spouse or family member might have a claim for the impact on them – for instance, loss of consortium (loss of companionship, support, or intimacy) or the value of services the injured person can no longer do for the household.

In egregious cases involving really reckless behavior or intentional harm, punitive damages might be available (these are meant to punish the wrongdoer beyond just compensating the victim). However, in many routine negligence cases (like standard car accidents), punitive damages are not common unless the behavior was extreme (e.g., a drunk driver at very high speeds might warrant it).

Our job as your attorneys is to make sure all your damages are documented and presented persuasively. We often gather medical records, bills, expert opinions, and your own testimony about how the injury affected you. This way, whether in settlement negotiations or at trial, we can fight for a full and fair compensation package that addresses both your financial losses and your human suffering.

The good news for injury victims is that hiring a personal injury lawyer usually does not require any money upfront. Personal injury attorneys (including our firm) typically work on a contingency fee basis. Here’s what that means:

- No Upfront Fees: You do not pay us retainer fees or hourly fees as the case progresses. We cover the costs of investigation, filing fees, obtaining records, expert witnesses, etc. Those case expenses are advanced by the firm.

- We Only Get Paid If You Get Paid: Our fee is “contingent” on recovering money for you. If we negotiate a settlement or win a verdict at trial, our fee is a percentage of the amount recovered – commonly around 33.3% (or one-third) of the recovery in many cases, though it can vary. This will be clearly explained in a representation agreement. For certain cases (like those involving minors or against municipalities), different rules or court approval of fees may apply, but the concept remains that it’s contingent on success.

- If No Recovery, No Fee: If for some reason we don’t win the case and you receive no compensation, you typically owe us nothing for our time and nothing for the expenses we advanced. We essentially absorb the loss. This aligns our interests with yours – we’re motivated to maximize your recovery because our payment depends on it.

- Free Consultation: Almost all personal injury lawyers offer a free initial consultation to evaluate your case. This allows you to get legal advice without any financial commitment and decide how to proceed.

So, you can hire a personal injury lawyer without worrying about how to afford one out-of-pocket. Everyone, regardless of financial status, has access to legal representation under this model. When we win or settle, the agreed percentage comes out of the settlement, and the rest goes to you. We will also discuss any case expenses, which usually are also reimbursed from the settlement/verdict. All of this will be transparent. Our goal is to make it risk-free for you to pursue justice – you focus on healing while we handle the legal battle. And if we don’t succeed in getting you compensation, you don’t owe attorney fees. That’s how confident we are in our ability to help and how committed we are to our clients’ cases.