Newburgh Personal Injury Attorney

Personal injury law covers many different types of trauma to your body, with much of it being debilitating, acute, and in many cases, permanent. Here is a list of different injuries people sustain in Newburgh accidents, some of which you might have experienced.

Consulting an attorney will help you deal with the financial difficulties and get fair compensation as you deal with the physical trauma.

• Traumatic Brain Injury: A TBI is a serious condition caused by blunt force trauma. The brain is often bruised against the inside of the skull, and/or blood vessels are sometimes sheared off in an impact. Anything from a concussion to a subdural hematoma can create pressure inside the brain, which causes extensive—and often permanent—damage. These types of accidents can happen just about anywhere: car accidents, sports injuries, slip and falls, and workplace injuries.
• Whiplash: The area of the neck that supports the skull is a weak point in your nervous system. Only seven vertebrae protect the spinal cord from trauma, along with muscle, connective tissue, and whatever safety equipment you might be wearing. Whiplash happens when the head is violently snapped in one direction and then again in the other. It is common to slip and fall injuries as well as motor vehicle accidents.
• Broken bones: Many accidents with lots of force can snap bones in your body, leaving you with several weeks of recovery time and surgery and rehabilitation.
• Amputations and lacerations: Serious injuries, especially in the workplace or car accidents, can result in serious cuts and even amputation of limbs.
• Disfigurement: Car accidents, physical attacks, workplace injuries, and many others can scar you permanently. Disfigurement can result in a lifetime of pain and suffering that affects your identity or how others perceive you.
• Permanent disability: One hopes that surviving an accident will allow one to recover completely, but this is not always the case. Sometimes we are left with permanent reminders of one moment that forever changed our lives. From brain injuries that affect our cognition and senses to dealing with pain management for the rest of our lives, permanent disability removes our ability to maintain employment and provide a livelihood for ourselves or our families.
• Pain and suffering: The psychological aspects of an injury often outlast the physical recovery time. Post-traumatic stress disorder (PTSD) is a very real and often debilitating aspect of an injury, limiting someone’s ability to function as they once did. Physical pain might also be a permanent part of their lives, as some wounds never heal completely. This chronic pain can result in problems with addiction, chronic pain, and other factors which must be accounted for and compensated for with the help of an attorney.
• Financial problems: Though not physical, this is a stressful and detrimental factor in your life after an injury. You might miss time at work, need to recover losses from the destroyed property, and pay medical bills that rehabilitation insurance won’t cover.

If you’re involved in an accident in Newburgh, New York, here are some steps you need to take to ensure your health and safety and protect your legal rights regarding compensation:

• Check for Injuries: The first priority should be the safety and well-being of everyone involved. Check yourself and others for injuries. If anyone is seriously injured, call 911 immediately.
• Move to Safety: If the accident is minor and it’s safe to do so, move your vehicle to the side of the road to prevent further accidents or traffic disruptions.
• Call the Police: Even for minor accidents, it’s generally a good idea to call the police. They can help assess the situation, gather information, and create an official accident report. This report might be important for insurance claims or legal actions.
• Report the Accident: Although the police can make a report regarding motor vehicle accidents, you should report other types of accidents to the appropriate parties as well. For instance, if you slipped and fell in a Newburgh grocery store or on someone else’s property, you need to report the accident to the store manager or property owner. If your accident happened at work, you must report it to your employer.
• Exchange Information: For motor vehicle accidents, exchange contact, insurance, and vehicle information with the other parties involved in the accident. This includes names, phone numbers, addresses, driver’s license numbers, license plate numbers, and insurance information.
• Document the Scene: If it’s safe to do so, take photos or videos of the accident scene, including damage to vehicles, road conditions, traffic signals, and any relevant landmarks. These could be useful for insurance claims or legal proceedings. The same holds true for other types of accidents, such as slip and falls.
• Collect Witness Information: If there are any witnesses to the accident, try to collect their contact information. Their statements could be valuable if there are disputes over liability.
• Notify Your Insurance Company: Contact your insurance company as soon as possible to report the accident and start the claims process. Be honest and accurate in your description of the accident but don’t accept blame or offer any more information than necessary regarding the cause of the accident.
• Seek Medical Attention: Even if you don’t believe you’re seriously injured, it’s a good idea to get checked out by a medical professional. Some injuries might not be immediately apparent, and having a medical record can be important for insurance claims.
• Follow Up: Follow any medical advice and keep all documentation related to your injuries and treatments. Also, keep a record of all interactions with insurance companies and any expenses related to the accident.
• Consult Legal Counsel: If the accident results in significant damage, injuries, or disputes over liability, you might want to consult with a legal professional who specializes in personal injury or accident cases.

Remember, laws and regulations can vary, so it’s a good idea to consult with a legal expert who is familiar with the specific laws and regulations in Newburgh.

If you have suffered wrong-doing at the hands of another, you might wonder whether you can receive compensation. If an organization or person harms you, they are arguably negligent. In law, if you are harmed by a negligent action, you are owed restitution by the negligent party. Restitution takes the form of financial payment for the damages the harm caused. Negligent parties can be a company that manufacturers defective products, a landlord who does not repair their properties, a store owner who does not shovel snow from the sidewalk in front of the store, a reckless car driver, a doctor who fails to treat an illness properly, or nursing home staff who do not adequately look after a senior citizen entrusted to their care.

An experienced Newburgh personal injury lawyer can review your case, answer your questions, and help you get the claims process started if you have a viable claim. To establish liability, your lawyer will need to show the following elements:

• Duty of Care: The person or entity you’re considering pursuing a claim against had a legal duty to act reasonably and responsibly to prevent harm. For example, drivers have a duty to follow traffic laws and drive safely.
• Breach of Duty: The duty of care was breached, meaning the responsible party failed to act as a reasonable person would have under similar circumstances. This breach of duty should directly lead to the accident or injury.
• Causation: Establish a clear cause-and-effect relationship between the breach of duty and your injuries. In other words, you have to show that the breach directly caused your injuries and damages.
• Damages: To have a viable personal injury case, you must have suffered actual damages, such as medical expenses, property damage, lost wages, pain and suffering, or emotional distress.

Although the process appears simple, it can be quite complicated to establish liability without gathering the necessary evidence and documentation. It’s important to consult with a qualified personal injury attorney to evaluate the specifics of your situation. They can provide professional advice based on your unique circumstances and help determine if you have a valid personal injury case.

It is very natural to wonder about the potential compensation you can receive if you have been injured. After all, you may face a mountain of bills for medical treatment, or your injuries may have affected your ability to earn a living. However, it’s important to understand that “average compensation” for an injury does not exist. Compensation can depend on how much an injury or other harm costs you. It also very much depends on the overall effect on your life.

Specific economic damages, for example, are compensable in the amount you paid for them (or in the amount of money you lost, in the case of lost wages from work). For medical bill compensation, then, you can seek compensation in the amount of the bills incurred for treatment.

If you need medical treatment for these injuries in the future, you could also seek the amount that treatment is forecasted to cost. In most cases, two forms of expert testimony are sought. Doctors testify to your need for the treatment and describe the standard treatment for your injuries. Then, they estimate the cost of that treatment over time.

Compensation for wages lost from work is determined by multiplying the time lost by your current wages.

If you can no longer work at a previous job, you could seek compensation for the lifetime value of earnings you could have expected to receive. Here, too, expert testimony is sought on your likely earnings. These awards vary not only in income, but the age of the injured individual. Younger people have lost more prospective earnings than older people.

Personal property is compensated at the current market value of the property.

Pain and suffering damages are non-economic. In other words, there is no specific bill or wage rate that determines the damage compensation. Pain and suffering is subjective and the amount you should pursue can be determined by a personal injury attorney.

The current occupation or expectations of a victim can also affect compensation. If a victim must use certain parts of their body in their occupation, and those parts are injured, insurance adjusters may assign a higher value. A ballet dancer with injured legs may receive more than a computer engineer with the same injury because the engineer may not use their legs to perform their job.

Contact Finkelstein & Partners to help determine the amount of compensation you should pursue.

In Newburgh, the statute of limitations for filing a personal injury lawsuit can vary depending on the specific circumstances of your case. Here are some general guidelines for the statute of limitations for various types of personal injury cases in New York:

• Personal Injury: In most cases, the statute of limitations for personal injury cases, such as car accidents, slip and falls, and medical malpractice, is three years from the date of the injury.
• Medical Malpractice: For medical malpractice cases, the statute of limitations is generally two years and six months from the date of the alleged malpractice, or two years and six months from the end of continuous treatment by the medical professional.
• Wrongful Death: If you are filing a wrongful death lawsuit, you generally have two years from the date of the person’s death to file a claim.
• Product Liability: In cases involving injuries caused by a defective product, you typically have three years from the date of the injury to file a lawsuit.

It’s important to note that these time limits can be subject to change, and exceptions may apply in certain situations. Additionally, it’s generally recommended to consult with a qualified personal injury attorney to get accurate and up-to-date information regarding the statute of limitations for your specific case. If you’re considering filing a personal injury lawsuit, it’s crucial to act promptly to ensure that you don’t miss the deadline for filing.

Personal injury lawyers are compensated differently than other lawyers. We do not require payment upfront. We work on a contingency basis, meaning that a percentage of what we win for our clients pays us.

In other words, injured folks and their families in Newburgh do not pay out of pocket to retain our legal services upfront. Clients do pay some incidental charges, but these are comparatively less burdensome. The bulk of our work is paid for by contingency fees.

If you are concerned about the cost of hiring a lawyer to represent you, speak to a personal injury attorney first. The contingency fee structure can help alleviate those fears.

The time needed to resolve a personal injury case in Newburgh can vary widely depending on several factors. It’s important to understand that each case is unique, and the timeline can be influenced by various variables. Some factors that can impact the duration of a personal injury case include:

• Severity of Injuries: The extent of your injuries can significantly affect the timeline. Cases involving more severe injuries that require extensive medical treatment and rehabilitation may take longer to resolve.
• Your Case’s Complexity: Cases that involve complex legal or medical issues, multiple parties, or disputes over liability can take longer to navigate and resolve.
• Evidence Gathering and Investigation: Gathering evidence, such as accident reports, medical records, witness statements, and expert opinions, can take time. Thorough investigation is essential to building a strong case.
• Negotiations with Insurance Companies: Insurance companies may engage in negotiations to reach a settlement. The back-and-forth negotiation process can vary in length depending on the willingness of both parties to come to an agreement.
• Litigation Process: If a settlement cannot be reached through negotiations, the case might go to court. Litigation can prolong the resolution process as it involves legal proceedings, court schedules, and potential delays.
• Court Schedule: If your case goes to court, the court’s schedule and caseload can impact the timeline. Courts often have busy schedules, which could lead to delays.
• Defendant’s Response: The actions and responses of the defendant (the party you’re filing the claim against) can also influence the timeline. If the defendant disputes liability or challenges the case, it can take longer to resolve.
• Your Recovery Period: It’s important to reach a settlement or resolution when you have a clear understanding of the long-term effects of your injuries. Rushing to settle before understanding the full extent of your damages might not be in your best interest.

Given these variables, it’s difficult to predict an exact timeframe for resolving a personal injury case. Some cases might settle within a few months, while others could take a year or more. Working with an experienced personal injury attorney can help you navigate the process efficiently, as they can provide guidance on the specific timeline based on the details of your case and the local legal landscape.

Yes, in New York, you can still recover damages even if you were partially at fault for the accident. New York follows a comparative negligence system, specifically the “pure comparative negligence” rule. This means that your ability to recover damages is not completely barred just because you share some degree of fault in the accident.

If you are found partially at fault for the accident, the damages you can recover will be reduced by the percentage of your own fault. For example, if you are found 20% at fault and the total damages are calculated to be $100,000, you would be able to recover $80,000 (i.e., $100,000 – 20%). The court or the parties involved will determine the percentage of fault assigned to each party. This can be done through negotiations, settlement talks, or, if necessary, in a court of law.

In situations where both parties share some degree of fault, determining the actual percentages of fault can become a point of negotiation or contention. This is where having a skilled personal injury attorney can be very helpful. They can advocate for your interests and work to establish a fair apportionment of fault, ultimately influencing the amount of compensation you may receive.

Keep in mind that laws can change and vary by jurisdiction, so it’s important to consult with a qualified attorney who is familiar with the latest regulations in New York and who can provide advice tailored to your specific case.

If a person or organization is negligent, injured and harmed individuals can seek compensation in several ways. The first is approaching the at-fault party’s insurance carrier. The second is filing a personal injury lawsuit in civil court.

Personal injury lawyers can help in both cases. Insurance carriers have a vested interest in paying out the lowest claim possible—or, indeed, in not paying at all. We can help in negotiating with the insurance companies. If necessary, we can take unfair insurance companies to court.

Injured and harmed individuals can seek compensation in several areas.

• Medical bills – For a wide variety of medical treatment, including emergency services, diagnostic tests, doctor’s visits, hospitalization, surgery, prescription medication, assistive devices, retrofitting homes for injuries, and more.
• Wages lost from work – Injuries, harm, and recuperation periods frequently cause victims to lose time from work. The wages forfeited are compensable.
• Lifetime value of earnings – If injuries or other wrongdoing render you unable to work at a former job.
• Personal property – For personal property damaged or lost.
• Pain and suffering – For physical, mental, and emotional duress.

New York State Laws Regarding Vehicle Accidents

As most residents of Newburgh and Orange County know, New York is a no-fault state for vehicle accidents. “No-fault” means that everyone involved in a vehicle accident approaches their own insurance company for compensation, regardless of who or what is at fault for the accident. It differs from the “fault” system used in some states, where the at-fault party is responsible for injury compensation.

No-fault insurance is the primary reason that all registered drivers must have personal injury protection (PIP) coverage in New York State. PIP compensates you for medical bills and some part of wages lost from work if you are injured in a vehicle accident.

But if you are severely injured, the law allows you to bypass the no-fault system. If you meet the state criteria for severe injury, you may approach the at-fault party’s insurance carrier or bring a personal injury suit. The state regards an individual with any of the following qualified to seek additional compensation:

• Fractured bone(s)
• Significant disfigurement
• Permanent limitation of use of a body organ or member
• Significant limitation of use of a body function or system
• Substantially full disability for 90 days

Compensation if a Victim Dies

Many discussions of personal injury law focus on injuries and other harm. But what if, tragically, a victim dies?

While we realize that no amount of money can compensate family members for a death, the law does recognize that family members likely need financial compensation to tide them over in the aftermath of a death, especially if the deceased is a principal breadwinner.

Family members or the estate may also have paid for medical care and related expenses, such as funerals and burials.

When someone dies due to the negligent actions of another party, New York law allows the personal representative of the estate to bring a suit called wrongful death. In other words, wrongful death is the suit brought by the deceased estate if the deceased could have pursued a personal injury claim had they lived.

In some states, family members themselves can bring the suit. That is not the case in New York, however—the personal representative must bring it on behalf of certain family members.

Family members can recover these in damages if they paid them, while the estate can cover these costs if it paid them.

• Funeral expenses
• Burial expenses
• Medical costs related to the final injury or illness, nursing, and other health care expenses related to the deceased person’s final injury or illness

In addition, family members may seek compensation for:

• Wages and benefits lost due to the final illness or injury
• The value of support and services the deceased provided to family members
• The value of parental care, nurturing, and guidance to surviving children
• Surviving children’s lost inheritance
• Conscious pain and suffering of the deceased due to the final injury or illness

In some states, family members can sue for their own pain and suffering related to the death. New York State law, however, does not compensate for this.