Holding healthcare professionals accountable for abuse or neglect can be challenging. If you or someone you love has been mistreated by a therapist or caregiver in a nursing home, a New York personal injury lawyer can help you pursue damages.
Jenner Law has recovered millions for our clients. If you or one of your loved ones was harmed by a medical professional, a personal injury lawyer in New York can help you file a claim and seek compensation.
How a New York Personal Injury Lawyer Can Help
Personal injury cases are rarely straightforward. A personal injury attorney in New York can help by:
- Investigating your case: A lawyer can collect medical records, incident reports, photographs, witness statements, and other evidence to determine how your injuries occurred and who is responsible.
- Calculating your damages: A lawyer can assess your medical expenses, lost wages, future treatment needs, and other losses to determine the value of your claim.
- Negotiating for a settlement: A lawyer can negotiate with the responsible parties and their insurers and pursue a settlement that reflects the full extent of your injuries and financial losses.
- Representing you in court: If a fair settlement can’t be reached, a lawyer can advocate for you at trial.
For a free legal consultation with a Personal Injury lawyer call,
(888) 585-2188
Types of Personal Injury Cases We Handle
At Jenner Law, we help injury victims and their families pursue compensation for a wide range of injuries. We can help if you need a:
- New York Nursing Home Abuse Lawyer: Nursing home residents have the right to receive proper care in a safe environment. If your loved one has suffered serious physical or emotional harm, we can investigate their mistreatment, identify all responsible parties, and pursue compensation for your family.
- New York Therapist Abuse Lawyer: Therapists have a professional responsibility to maintain appropriate boundaries and protect their clients from harm. If your therapist exploits their position of trust, we can help you hold them accountable.
- New York Nursing Home Falls Lawyer: Falls in nursing homes can result in broken bones, traumatic brain injuries, spinal cord damage, and other serious complications. We can investigate the circumstances of your loved one’s fall and determine whether negligence played a role.
- New York Therapist Sexual Abuse Lawyer: Sexual abuse by a therapist can have devastating consequences. We can investigate your therapist’s misconduct and help you pursue compensation.
What Types of Damages Can You Recover?
A personal injury claim may allow you to recover compensation for both financial losses and the physical and emotional effects of your injuries.
Available damages may include:
- Medical expenses: You can seek compensation for emergency treatment, hospital stays, surgeries, prescription medications, rehabilitation, assistive devices, and other necessary medical care.
- Future medical costs: If your injuries require ongoing treatment, additional surgeries, long-term rehabilitation, or in-home assistance, you may be able to recover the anticipated cost of that care.
- Lost wages: You can pursue compensation for income you lost while recovering from your injuries, including missed work, reduced hours, and certain employment benefits.
- Loss of future earning capacity: If your injuries prevent you from returning to your previous occupation or limit your ability to earn a living, you may be entitled to additional compensation.
- Pain and suffering: You can seek damages for physical pain, discomfort, and the limitations your injuries impose on your everyday activities.
- Emotional distress: You can pursue compensation for anxiety, depression, trauma, fear, and other psychological consequences of abuse.
- Loss of enjoyment of life: You may be entitled to additional compensation if your injuries prevent you from participating in hobbies, relationships, or other activities you previously enjoyed.
- Punitive damages: If the defendant’s conduct was extreme or malicious, you may be entitled to additional damages.
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How Long Do You Have to File a Personal Injury Lawsuit in New York?
According to NY CPLR § 214, you typically have three years from the date of an injury to file a personal injury lawsuit in New York. If your case involves medical malpractice, you generally have two and a half years (or 30 months) from the date of the malpractice or when you stop receiving treatment from that provider for that condition to sue.
Certain claims have shorter deadlines or special requirements. For instance, claims against New York municipalities and other public entities require a notice of claim to be filed within 90 days of the incident. Claims involving sexual abuse or injured minors may also be subject to special rules.
Missing the applicable deadline can prevent you from recovering compensation, which is why you should reach out to our lawyers as soon as possible.
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How Do You Prove Negligence?
Negligence occurs when someone fails to exercise reasonable care under the circumstances and causes harm to another person. In New York, proving negligence is essential to recovering compensation in a personal injury lawsuit.
To establish negligence, you must provide evidence of four legal elements:
- Duty of care: The defendant had a legal obligation to act with reasonable care toward you.
- Breach of duty: The defendant failed to meet that obligation through an action or omission.
- Causation: The breach of duty directly caused or substantially contributed to your injury.
- Damages: You experienced actual losses, such as medical expenses, lost income, physical pain, or emotional distress.
What to Do After a Personal Injury in New York
The actions you take after an injury can affect both your recovery and your ability to pursue compensation.
It’s crucial to:
- Seek medical attention: Get prompt medical care, even if your injuries initially appear minor.
- Report the incident: Notify the appropriate authorities or responsible organization.
- Preserve evidence: Keep photographs, medical records, correspondence, witnesses’ contact information, and other documents that may help establish what happened.
- Document your injuries and losses: Maintain records of your medical appointments, expenses, missed work, physical limitations, and the ways your injuries affect your everyday life.
- Be cautious when speaking with insurers: Avoid making speculative statements about fault or agreeing to a settlement before consulting an attorney.
- Contact a personal injury lawyer: Our attorneys can review the circumstances of your injury, explain your legal options, and help you take action before important deadlines expire.
Consult a Personal Injury Attorney in New York
If you were injured because of someone else’s negligence or misconduct, you shouldn’t have to pay for it. A New York personal injury attorney from Jenner Law can assist with your claim, handle settlement negotiations, and help you pursue the compensation you deserve.
Schedule a free case evaluation to discuss your case with an experienced attorney.
Call or text (888) 585-2188 or complete a Free Case Evaluation form