New York Personal Injury Attorney / Bronx Personal Injury Accident Lawyer

About Finkelstein & Partners

After seven decades of practicing law, we like to think we’ve come close to perfecting it. The team at Finkelstein & Partners is proud to have made some of the highest recoveries in the state on behalf of our clients. Though no two cases are the same and we cannot promise any specific outcomes, our case results offer a glimpse into the work we have proven we can accomplish when we fight for our clients.

Here are just a few of our recent results:

• $34 million in a case against Pfizer
• $28.3 million settlement in a workplace accident case
• $13.5 million settlement in a motor vehicle accident
• $8.9 million in an automobile collision case

If the negligence of others has left you injured and suffering, call us for your free case evaluation.

Types of Cases We Cover

• Car Accidents
• Motorcycle Accidents
• Bicycle Accidents
• Bus Accidents
• Pedestrian Injuries
• Nursing Home Abuse
• Worker’s Compensation
• Wrongful Death

How We Navigate the Personal Injury Claims Process for You?

When an accident injures a person due to someone else’s negligence, generally, they will first seek compensation from the carrier of the at-fault party’s associated liability insurance policy. The victim must send a demand to the insurance company for the claim’s full value.

Upon receiving the demand, the insurance company will assign a claims adjuster to evaluate the claim and determine the compensation they should pay to the at-fault party. After evaluating the claim, the adjuster can either pay it, deny it, or offer an out-of-court settlement for less than the demanded amount of the claim.

If the insurance provider offers a low settlement, the claimant’s personal injury attorney can negotiate to increase their offer. However, if the insurance provider fails to pay on the claim, the claim can be filed as a personal injury lawsuit within three years of the injury.

While most personal injury claims settle before ever reaching the courtroom, it is impossible to guarantee that an insurance provider will offer to compensate the claim fairly. For this reason, personal injury claimants should have the assistance of an attorney comfortable fighting for their right to compensation, whether in settlement negotiations or a Bronx courtroom.

Common Bronx Personal Injury Accidents

Personal injury law covers several types of accidents, including those listed below.

Traffic Accidents

The Bronx saw more than 1,300 traffic collisions in a month, resulting in injuries to more than 350 motorists, 267 motor vehicle passengers, 29 cyclists, and 140 pedestrians. Fatalities occurred to two motorists and a pedestrian during that time. Traffic accidents can involve any roadway user, including the drivers and occupants of passenger cars, commercial trucks, buses, taxis, rideshares, motorcyclists, bicyclists, and pedestrians. Highly dense areas in the north and southwesterly areas of the Bronx see the greatest concentration of pedestrian fatalities and severe injuries.

Premises Liability

Owners and possessors of residential, commercial, or public property in the Bronx have the responsibility to regularly inspect their property in search of hazards that can cause injuries to guests. If they discover such hazards, the property owner must warn guests of their presence and promptly mitigate those hazards.

The accidents that can occur if the property owner or possessor fails to take these actions can include:

• Slip and fall accidents: the claimant slips or trips and falls due to hazards like liquid or debris on the flooring, torn or worn flooring material, poor lighting, obstacles on walkways and cluttered stairways, damage to sidewalks and parking lots, defective staircases, or missing handrails.
• Fires or flooding caused by the property owner or possessor’s failure to ensure that electrical and plumbing systems are in order and provide smoke detectors, fire extinguishers, and ample doors and windows through which individuals can escape the building in an emergency.
• Defective or poorly maintained elevators and escalators.
• Swimming pool injuries: injuries resulting from near-drowning, improperly operating filters and drains, faulty electrical components such as the pool’s heat and lighting, and injuries caused by falls on the pool’s surrounding surfaces.
• Amusement park accidents, such as those occurring due to inadequately maintained or dangerous rides.
• Negligent security injuries: The property owner or possessor’s failure to protect guests from criminal activity known to occur on the property.

Defective Products

Manufacturers are responsible for ensuring that the products they make available to consumers are reasonably safe when used according to labeled instructions.

Unfortunately, thousands of defective products result in injuries to consumers each year. Common defective products that can give rise to a product liability claim include foods, medications, medical devices, parts used on vehicles, clothing, bedding, children’s toys, appliances, and soaps or detergents.

Medical Malpractice

Individuals place an enormous amount of trust in their medical providers. However, if a medical provider, such as a doctor or medical facility staff, makes a negligent error and causes the patient injury, it could result in a medical malpractice claim.

Common errors that can result in these claims include:

• Diagnostic errors, such as misdiagnosis, delayed diagnosis, or failure to read diagnostic images properly to make the correct diagnosis.
• Birth injuries, such as failure to diagnose the mother or infant with an issue that would necessitate the need for a cesarean section.
• Surgical errors, such as wrong-site surgery, operating on the wrong patient, or leaving a surgical tool in the body cavity.
• Failure to inform the patient of all known risks of a procedure when obtaining consent for the treatment.
• Failure to adequately monitor the patient after a procedure or provide discharge and after-care instructions.
• Premature discharge from the hospital.

Nursing Home Abuse

Many federal and state laws protect elderly and vulnerable Bronx nursing home residents from nursing home abuse or neglect. However, these facilities are often understaffed, resulting in the failure to care for all residents properly, staff members inadequately trained for the position, or facilities hiring individuals who are not licensed or whom they failed to vet.

How Our Personal Injury Accident Lawyers Can Help With Your Claim

To help you with your claim, Finkelstein & Partners can:

• Thoroughly investigate the accident to determine liability and associated insurance resources and gather evidence and witness testimony to help prove the claim in court.
• Establish a case value based on the amount of insurance the at-fault party has and factors like the severity of the injury, past, and future expenses, and impacts that the injury has had—or likely will have—on your life.
• Give you the information necessary to make decisions such as accepting a settlement offer or filing the claim as a lawsuit in court.
• Manage communication with the at-fault party’s insurance provider to prevent tactics from devaluing your claim, such as using your statements against you to suggest that their insured did not cause your injuries. Your attorney will focus their communication with the claims adjuster on negotiating a settlement that provides fair compensation for your injuries.
• Manage your claim to prevent the statute of limitations from expiring before filing your lawsuit. Failing to file most Bronx personal injury claims within three years of the date of the accident can result in the loss of your right to use the state’s civil court system to seek compensation.
• Prepare your claim for court and services involved in litigation, such as preparing evidence exhibits and opening and closing statements.
• Collect your settlement or award after your case concludes.

How Much Does a Bronx Personal Injury Accident Lawyer Cost?

Those injured in an accident must worry about how their injury will impact their future and how to pay the mounting expenses of treating their injuries. The last thing you need to worry about in this situation is how to afford an attorney to help you with your claim.

Luckily, most personal injury attorneys work on a contingent fee basis, ensuring that anyone who needs their assistance can afford it. Under a contingency fee, clients don’t have to pay for their attorney’s services until they have received compensation either through a negotiated settlement or litigation.

When you begin working with your attorney, they will ask you to sign a contingent fee agreement. This agreement lays out the percentage of your winnings from the case that will pay for your legal team’s services and any other responsibilities they can help you with, such as satisfying liens from hospitals or insurance providers placed on the claim. After your case, your attorney will collect your award, deduct their percentage, and turn the remainder of the award over to you.

Proving Liability

One of the cornerstones to a successful personal injury claim is the ability to prove who was liable for your accident.

Generally, your lawyer will prove liability by showing the elements of negligence, which include:

• The at-fault party had a duty to prevent someone else from suffering injury or property damage. These reasonable actions depend on the type of personal injury accident that occurred. For example, reasonable actions a roadway user can take to avoid causing harm to others in a traffic accident include operating the vehicle safely and legally. For a premises liability claim, reasonable actions by a property owner to prevent a slip-and-fall accident would be to regularly inspect their property for hazards that could cause guests to slip or trip.
• A breach in the duty of care occurred.
• Because of the breach, an accident occurred that injured you. Your injury resulted in expenses and impacts on your life.

The Type of Compensation You Can Receive for a Bronx Personal Injury Accident

There are two types of costs related to a personal injury, including financial and psychological costs.

The financial and psychological costs commonly claimed in Bronx personal injury cases include:

• Medical expenses relating to the injury
• Lost wages from being too injured to work
• Loss of future earning capacity for the permanent impacts of the injury on the claimant’s ability to earn an income
• Property damage the claimant suffered from the accident, such as car damage or damage to personal belongings in a fire that resulted from a premises liability issue
• Physical pain and suffering and emotional distress

Finkelstein & Partners Can Help You

For more than 60 years, the legal team at Finkelstein & Partners has assisted injured New Yorkers in obtaining the compensation they need after being injured due to someone else’s careless or reckless actions.

Our firm can promise:

• Prompt response to phone calls or emails and regular updates on the claim status.
• Guidance and support to help our clients make the important decisions about their cases.
• The dedication to seek the optimal outcome for our clients’ claims.
• Our deep knowledge of the personal injury process to get results.
• Empathy and advocacy so our clients feel that they’re not fighting alone.

For more information about the personal injury claims process or to talk with an experienced Bronx personal injury accident lawyer about your claim, contact us for a free case evaluation online or call (877) 689-5313.