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PERSONAL INJURY
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New York Personal Injury Lawyers

When you have been injured in an accident, you should not have to bear the financial burdens of your recovery if your injuries were caused by somebody else’s negligence. But you can face obstacles in pursuing compensation in a personal injury claim. Let an experienced personal injury attorney from Burns & Harris Attorneys At Law take the stress of your case off your shoulders so that you can focus on getting back to regular life after a devastating accident.

Since 1996, the attorneys of Burns & Harris Attorneys At Law have advocated for the interests of accident victims throughout New York. We understand the pain and stress that you are going through after being injured in an accident.

 When someone else’s conduct caused your injuries, we will fight to hold them accountable. We know how to deal with liable parties and insurance companies, and we prepare every case for a trial so that we are ready to pursue a result that serves your best interests if settlement negotiations fail.

After you were hurt in an accident that wasn’t your fault, reach out to the New York personal injury lawyers of Burns & Harris Attorneys At Law for a free initial case review. Let’s discuss how our firm can make a difference by helping you get maximum recovery for your injuries and losses. We represent clients in local, state, and federal courts in Brooklyn, the Bronx, and throughout the New York area.

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Why Choose Burns & Harris Attorneys At Law for Your Personal Injury Case?

If you have been injured in an accident through no fault of your own in New York, you may have many personal injury attorneys and law firms to choose from. But not all law firms are created equal. You deserve a firm with the experience, resources, and reputation necessary to ensure you have the best chance of obtaining a full financial recovery in your personal injury case. At Burns & Harris Attorneys At Law, we believe that we can offer you the dedicated, experienced legal representation you need to demand accountability and justice from those responsible for your injuries and losses. Choose us for:

Our seasoned legal team of attorneys

Who have a combined 80-plus years of legal experience. Many of our attorneys have also been recognized by peers and publications for their success in obtaining results for our clients. Several of our attorneys have been recognized as Super Lawyers and have been named to the Million Dollar Advocates Forum.

Our proven track record of success inside and outside the courtroom

Our firm regularly appears on annual lists of the top verdicts in New York. Over the years, we have recovered millions of dollars in compensation on behalf of our personal injury clients.

Our dedication to our clients

Providing outstanding full service from the moment you reach out to us through the resolution of your case. Our attorneys work tirelessly to move your case quickly towards settlement or trial while fighting for the maximum possible financial compensation to help you in your recovery from your injuries.

Types of Personal Injury Claims We Handle

At Burns & Harris Attorneys At Law, our New York personal injury lawyers advocate for the rights of clients who have been harmed through no fault of their own. Our clients have brought us cases about accidents or injuries, such as:

If you have one of these or another kind of personal injury claim, reach out to our firm today to see how we may be able to help. 

New York Personal Injury Laws

In New York, several laws will affect your legal rights and options in your personal injury case:

No-Fault Insurance Laws

New York is considered a “no-fault” state for car accident claims. Drivers of cars registered in New York are required to have auto insurance that provides personal injury protection coverage. PIP coverage helps pay for medical expenses and lost wages up to the limit of coverage under your auto insurance policy, regardless of who bears fault for the accident. 

You may also be entitled to obtain additional PIP benefits from any other auto policies owned by you or another member of your household, if the policy provides optional coverage for additional PIP. 

If your expenses exceed the total PIP coverage available to you, you may be entitled to sue the at-fault driver for medical expenses and lost wages not covered by PIP. This is only the case if they carry the liability insurance coverage required by state law. However, you can only obtain compensation for non-financial losses, such as pain and suffering, if you sustain a “serious” injury, which includes broken bones, permanent or significant limitation of use of a body part or function, significant disfigurement, or total disability lasting at least 90 days. 

The Statute of Limitations

Under New York law, the statute of limitations requires you to file a lawsuit on your personal injury claim within a certain period. For most personal injury claims, you must file suit within three years of the date that you sustained an injury. However, both workers’ compensation claims and wrongful death lawsuits must be filed within two years of the date of a workplace injury or a decedent’s passing. Lawsuits against a municipality, such as the City of New York, have a shorter limitations period.  A Notice of Claim must be filed within  ninety days of the date of the accident and  a lawsuit must be filed within  a year and ninety days from the date of the accident.

Under limited circumstances, the statute of limitations period can be extended, or “tolled.” A New York personal injury lawyer from Burns & Harris Attorneys At Law can review the details of your case and advise you as to how long you have left before you will need to file a lawsuit to pursue compensation in court. 

If you fail to file suit before the statute of limitations period expires, your claim or lawsuit can be permanently dismissed as untimely, and you can lose your opportunity to recover compensation for your expenses and losses. 

Comparative Negligence

In many personal injury cases, multiple parties are at fault for an accident and the resulting injuries. Sometimes an injured party may also bear some share of responsibility for having caused their own injuries. Defendants in personal injury cases may try to avoid or reduce their liability by alleging that the injured party bears some of or all the fault for their own injuries. 

New York personal injury claims are governed by the state’s “pure” comparative fault law. The law states that even if a party is partially at fault for their own injuries, they can still pursue compensation from others who were at fault for the accident. Therefore, you may be entitled to pursue a claim even if you were 99 percent at fault for your injuries. 

The comparative fault law apportions your losses according to each at-fault party’s share of fault for those losses. That means the compensation you receive will be adjusted according to your share of fault for your injuries. For example, if you have sustained $100,000 in expenses and losses for injuries suffered in an accident that you were 40 percent at fault for, you may be held responsible for $40,000 of your losses to reflect your share of fault. You would only be eligible to collect up to $60,000 in compensation for your losses.

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When Do You Have a Personal Injury Claim?

You may have a personal injury claim when you have been injured in an accident that has been caused by another party’s negligence. To show that someone else’s negligence caused your injuries, you will need to prove that:

The party or parties who caused your injuries owed you a legal duty of care. In many personal injury claims, you can readily prove that the other party or parties owed a duty of care. Everyone generally has a duty to act in a reasonable manner that avoids foreseeable injury to another person. Examples include the duty to operate a motor vehicle in a legal and safe manner or the duty to take reasonable steps to keep a property free of dangerous conditions.

The other party or parties breached their duty of care to you. In most cases, this requires showing that another reasonable person would not have engaged in the same conduct under similar conditions.

Your injuries were caused by the other party’s or parties’ breach of the duty of care. In other words, you must show that your injuries would not have occurred but for another party’s conduct and that no other intervening actions or conduct have a more direct link to your injuries.

You have suffered losses due to your injuries. A personal injury claim allows you to recover compensation for losses that you may have incurred, such as medical bills, lost wages, or pain and suffering. If you have not incurred any loss because of injuries you suffered in an accident, you will not be entitled to recover any compensation from the party or parties responsible for causing your injury.

How Can a Personal Injury Attorney Help You?

After you have been injured in an accident, you should not have to go it alone when trying to obtain the compensation that you need for your recovery. Let a personal injury attorney from Burns & Harris Attorneys At Law handle all the details of your case. We can take the stress of your claim off your shoulders so that you can focus on your treatment and rehabilitation. When you turn to our firm for help after an accident, you can trust us to:

Thoroughly investigate your case to secure evidence from the accident and your medical treatment that we can use to build your claim or case

Bring in experts when necessary to provide persuasive opinion testimony that strengthens your claims

Go over your legal options with you and discuss the steps involved in the claims process so that you always know what to expect

Document your injuries and losses so that we have the proof to demand full compensation for you

File insurance or legal claims on your behalf to begin the process of negotiating a financial recovery through a settlement, if possible

Advocating on your behalf in court or trial when litigation becomes necessary to recover the results you deserve in your case

What Compensation Can You Recover in a Personal Injury Case?

In a personal injury claim, you may be entitled to receive financial compensation for expenses and losses that you have already incurred or will likely incur in the future because of an accident that was caused by someone else’s fault. Personal injury compensation may include:

Repair or replacement costs of property of yours that was damaged or destroyed in the accident

Medical expenses, including for ER or hospital bills, surgeries and other procedures, physical/occupational therapy, and prescription medication

Expenses that you incur for long-term care for permanent disabilities that may result from your injuries, such as home health services or renovations to your home to install accommodations for your disabilities

Lost wages and income if you cannot work while you recover from your accident-related injuries

Loss of future earning capacity or job benefits if you become permanently disabled from any kind of gainful employment

Pain and suffering.

Significant impairment or loss of use of a body part or bodily function

Significant disfigurement or scarring

Punitive damages, which may be recovered when an accident is caused by an at-fault party’s reckless or egregious conduct that the law seeks to punish

Frequently Asked Questions

Common questions that prospective clients have about personal injury claims include:

If you have been hurt in an accident, actions you should take to preserve your options for pursuing financial compensation include:

  • Take photos or video of the accident scene
  • See a doctor or go to the hospital to get examined for injuries that you may have suffered in the accident
  • Follow your provider’s treatment instructions and recommendations
  • Keep any bills, invoices, or receipts for expenses that you incur
  • Have copies of your pay stubs or tax returns
  • Avoid discussing the accident or your injuries on social media
  • Make time for an initial consultation with a personal injury lawyer from Burns & Harris Attorneys At Law to discuss the next steps to take in your case

At Burns & Harris, we represent clients with personal injury claims on a contingency-fee basis. This means that you will not need to pay our firm any fees upfront to hire us for your case. We are paid our legal fees only when we win compensation for you in a settlement or by securing a verdict in your favor at trial. That means you have no financial risk in hiring the legal representation you need to pursue the compensation you may be entitled to after an accident.

After you have been involved in an accident, you should speak to a personal injury attorney from Burns & Harris as soon as possible. Under the statute of limitations, you have limited time in which to prepare your case before you may need to file a lawsuit to continue pursuing compensation. By working with a personal injury lawyer as early as possible after an accident, you can give your attorney the maximum amount of time to investigate your case and put together an effective, persuasive argument on your behalf. 

Consulting with a personal injury lawyer before accepting a settlement with the insurance company can help you protect your rights. Remember that the insurance company is trying to maximize its profits by limiting the compensation it pays to you. A personal injury attorney can review any insurance settlement offer you’ve received and go over the facts of your case to advise you whether the offer they’ve made provides you with fair compensation or whether you need to negotiate further with the insurance company to pursue a full financial recovery. 

No attorney can predict whether your personal injury claim will end up going to trial or how long your case may take. Most personal injury cases are resolved in a negotiated settlement before trial or even before the case is filed in court. Factors that may affect whether your case will go to trial include the severity of your injuries, the amount of compensation you are claiming, the complexity of the evidence involved in your case, and whether the opposing party or parties contest liability for your injuries or the value of losses that you have claimed. 

Contact Our Firm Today for More Information

When you have been injured in an accident that was caused by someone else’s negligence, call Burns & Harris Attorneys At Law at 800-724-6529 for a free, no-obligation consultation. You’ll get to speak to a personal injury lawyer from our firm. You can also fill out our intake form and a member of our team will contact you. We can help you understand your legal options for obtaining a financial recovery for your injuries and losses. 

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