Queens Personal Injury Attorney

Maximize Your Personal Injury Compensation

In New York, victims of personal injury have the right to seek compensation for their losses through various types of damages. Damages can be broadly categorized into economic and non-economic damages, each serving a distinct purpose in addressing the financial and non-financial impacts of an injury.

When pursuing a personal injury claim in New York, plaintiffs may be eligible for different types of damages, depending on the nature and extent of their injuries. It's crucial to understand the available damages to ensure fair compensation for the harm suffered.

• Medical Expenses: Personal injury victims are entitled to compensation for their medical expenses resulting from the accident. This includes hospital bills, surgeries, prescription medications, rehabilitation, and any other necessary medical treatments.
• Lost Wages: If the injury prevents the victim from working, they may seek compensation for lost wages. This includes both past and future income that the injured party would have earned had it not been for the accident.
• Property Damage: In cases where the victim's property, such as a vehicle, is damaged in the incident, compensation can be sought for the repair or replacement costs.
• Pain and Suffering: This category of damages encompasses the physical and emotional distress experienced by the victim due to the injury. It considers the pain, discomfort, and mental anguish resulting from the accident.
• Loss of Consortium: In certain cases, spouses or family members of the injured party may be eligible for compensation if the injury has negatively affected their relationship or companionship.
• Punitive Damages: In rare instances, punitive damages may be awarded to punish the at-fault party for egregious conduct. These damages are intended to deter similar behavior in the future.

When you suffer a personal injury, it can be a stressful and overwhelming experience. You may be dealing with medical bills, lost wages, and physical and emotional pain. At the Law Office of Seni Popat, P.C., we believe you deserve compensation for your damages and losses.

Our experienced and aggressive Queens personal injury lawyers will fight for your rights and work tirelessly to maximize your compensation. We will thoroughly investigate your case, gather evidence, and work with medical experts to build a strong case on your behalf.

How Is Negligence Proven In A Personal Injury Case?

In a personal injury case, proving negligence is essential because it establishes your eligibility for compensation for your injuries. The following are four essential components must be proven in order for negligence to be proven: 

• Damages: You have to demonstrate that the defendant's negligence caused you to sustain real losses. This covers any losses directly connected to the accident, as well as pain and suffering, missed income, and medical costs.
• Causation: Proving that the defendant's breach of duty caused your injuries directly. Actual cause (the "but-for" test) and proximate cause (foreseeability) are the two categories of causation. You have to prove that your harm would not have happened if the defendant had not acted in the way that they did, and that the harm you suffered was a clear outcome of their violation.
• Duty of Care: You have to prove that you were owed a duty of care by the defendant. This implies that they were required by law to take reasonable precautions to avoid injury. For instance, drivers have an obligation to drive safely and to abide by traffic laws.
• Breach of Duty: Demonstrate that the defendant's duty of care was broken. This happens when they don't behave in a way that someone who is reasonably prudent would in a comparable situation. A motorist running a red light or a property owner neglecting to fix a dangerous condition are two examples.

The Statute of Limitations For a Personal Injury Claim in New York

According to the New York Civil Practice Law & Rules section 214, the statute of limitations for personal injury cases is three years. This means you have three years from the date your injury occurred to file your claim, or you will lose your right to do so and recover compensation. While three years may seem like a significant amount of time, some exceptions can change this three-year time limit, so speaking to an experienced attorney about the specifics of your case as soon as possible is essential. The Law Office of Seni Popat, P.C. offers free, no-obligation consultations, so you have nothing to lose by contacting our team today to discuss your case.