If you have suffered an injury because of someone else’s actions, you are likely facing a long road to recovery that involves medical bills, lost wages, and physical pain. At The Silbowitz Firm, we understand how overwhelming this time can be for New York City residents, which is why we focus on taking the legal burden off your shoulders so you can prioritize your health. Mitchell Silbowitz has been fighting for injury victims since 1989 and has secured successful outcomes for more than 1,000 cases throughout New York City, Long Island, and surrounding New York State counties. Whether you were hurt in a car crash or a fall at a construction site, our team is ready to use our decades of experience to pursue the maximum compensation available for your specific situation.
The Process for Starting a Personal Injury Lawsuit
- Your first step should involve looking into different personal injury attorneys in New York to find a team that understands your needs. It is helpful to speak with several firms to see how they communicate and to learn more about the specific types of cases they have managed in the past. Mitchell Silbowitz and our team offer a free consultation so you can ask about our history of winning cases without any financial risk.
- Once you find a legal representative who makes you feel comfortable and confident, you can officially hire that law firm to move forward.
- After you bring our team on board, we take over the heavy lifting by filing the personal injury lawsuit on your behalf in the appropriate New York court. We will explain exactly what to expect as your case moves through the legal system so you never feel left in the dark.
- Early in the process, we will ask you to gather any evidence that helps prove what happened to you. If you were in a car accident, this includes things like the police report, photographs of the scene, and all your medical records or bills. We also need to see any communication you have received from insurance companies or healthcare providers, including emails and letters, to ensure we have a complete picture of your damages.
- You will eventually provide a deposition, which is a formal setting where you give your testimony about the incident while under oath. This information is shared with the legal team of the person or company you are suing so they understand your version of the events.
- Most legal matters in New York take a significant amount of time to resolve, especially if the facts are complicated. If you are experiencing a situation involving multiple vehicles or injuries that result in permanent disability, the litigation could last for months or even several years.
- If a settlement cannot be reached, the case goes to trial, which adds more time to the timeline. Getting a trial date on the calendar in certain New York counties can take over a year, and then the jury must sit and listen to all the evidence presented by both sides before making a decision.
- Even after winning a jury verdict, the opposing side may decide to appeal the ruling. This part of the process is often lengthy and can keep a case active for many years after the initial trial ends.
The Silbowitz Firm handles a variety of legal matters:
- Accidents: Property owners and businesses have a duty to keep their premises safe, and if they fail to take reasonable steps to protect you, they may be held responsible.
- Negligence: When a person or a business fails to act with proper care and that failure leads to your harm, you have the right to seek damages through a lawsuit.
- Physical injuries: Serious incidents often cause both physical harm and emotional distress, both of which are considered in your claim.
If you have questions about a pain and suffering case, contact The Silbowitz Firm at (646) 419-5344 for a free evaluation of your claim.
Frequently Asked Questions
People who are going through the personal injury lawsuit process for the first time usually have many questions about how the law works in New York.
How do I determine if my personal injury claim is valid?
The best way to find out is to talk with several lawyers at different firms about the details of your accident. We provide free consultations at The Silbowitz Firm to help you understand if you have a strong legal ground for a lawsuit.
What kinds of incidents lead to a personal injury claim?
Many different situations qualify, including slip and fall accidents, motor vehicle crashes, construction site injuries, and incidents on public transit.
In New York, if you are involved in a car accident, you must show that you had a basic economic loss that went over $50,000 or that you suffered a serious injury as defined by state law, such as:
- Death.
- Losing a limb.
- Significant scarring or disfigurement.
- Broken bones or fractures.
- Loss of a fetus.
- Losing the use of a body organ or system permanently.
- A permanent limitation of a body system or organ.
- A significant limitation regarding a body function.
- A non-permanent injury that keeps you from doing your usual daily tasks for at least 90 of the first 180 days after the event.
What is the deadline to file a claim in New York?
Generally, you have 3 years from the date of the accident or the date you were diagnosed with an injury to start your lawsuit.
What items should I collect to help my case?
You should keep every piece of documentation you can find, such as photos of your injuries, hospital bills, medical records, and any letters or messages related to the accident.
Is it a good idea to talk to the insurance company before I hire a lawyer?
It is better to seek medical help first and then speak with an attorney before talking to any insurance adjusters. Once you hire us, we will handle all the communication with the insurance companies so you do not accidentally say something that hurts your claim.
Can I still sue if I was partly responsible for the accident?
Yes, New York law allows you to seek compensation even if you share some of the blame. At The Silbowitz Firm, we focus on the facts of the case to show why the other party should be held accountable for the harm they caused you.
The Silbowitz Firm is Here for New York Injury Victims
If you need to know how to start a personal injury claim, the best move is to talk to a lawyer who has spent decades handling these specific types of cases. Mitchell Silbowitz has helped clients win more than 1,000 cases in New York City and Long Island since 1989. We invite you to call us at (646) 419-5344 to discuss your situation and learn how we can help you get the compensation you deserve.