Long Island Personal Injury Lawyer

Why Hire a Personal Injury Lawyer in Long Island, NY

When an individual’s negligence causes you harm, you’re entitled to file personal injury claims for damages. Our firm specializes in handling a wide range of personal injury claims, from the initial filing process to achieving a settlement or court verdict. Damages refer to the compensation you’ll receive for both economic and non-economic losses. Economic losses are tangible costs you’ve incurred as a result of your injury, which may include:

• Medical bills, including the cost of rehabilitation
• Lost wages from not being able to work
• Loss of future earning capacity
• Property damage
• Out-of-pocket purchases

Non-economic damages can be recovered if your injuries are causing significant pain or diminished quality of life. These include:

• Pain and suffering
• Loss of consortium
• Inability to enjoy your life

Your personal injury attorney will help you total these damages and collect evidence that shows which of them you’re owed. This information will be useful in settlement negotiations and court proceedings if your case goes to trial.

Our Personal Injury Lawyers Have an Impressive Track Record

If you decide to work with one of our personal injury attorneys in Long Island, the likelihood that you’ll receive a hefty settlement is high. That’s because our lawyers have a proven track record of winning substantial payments for personal injury victims. Here are some of our past case results:

• $1 Million. We negotiated this settlement for a vehicle passenger who suffered severe injuries in a rear-end collision.
• $215,000. One of our car accident lawyers won this settlement for a victim whose shoulder bone was fractured in a crash.
• $145,000. Our team won this payment for a driver whose wheels fell off after leaving her mechanic. She suffered back and shoulder injuries.

Types of Claims Our Personal Injury Lawyers Handle

No matter how you were injured, our Long Island personal injury law firm will be able to hold the guilty party liable and demand they provide payment to cover the bills you’ve been saddled with. We can help you seek compensation for any of the following accidents:

• Car accidents
• Truck accidents
• Bicycle accidents
• Traumatic brain injuries
• Construction accidents
• Nursing home abuse
• Slip and fall accidents
• Premises liability
• Catastrophic Injuries
• Workplace accidents
• Wrongful death lawsuit: Our expertise in securing compensation for families devastated by the loss of a loved one due to negligence is unparalleled. We understand the complexities involved in these sensitive cases and are committed to providing compassionate legal representation to ease the grieving process and offer financial security and closure.
• Product Liability Claims
• Child injuries
• Medical malpractice
• Birth injuries
• Dangerous drugs
• Railroad and Train accidents 

We Will Investigate Your Case

To prove that the defendant acted negligently during the time of your injury, your Long Island personal injury attorney will need to investigate the accident. They’ll gather physical evidence as well as testimonials to prove that the defendant’s reckless behavior caused you harm. To conduct a thorough investigation, a personal injury law firm will:

• Gather and examine all the evidence related to your case
• Collect medical bills and other records of your injuries and damages
• Interview eye-witnesses and record their accounts
• Call on medical experts to determine what future treatments you might need
• Talk to accident experts to confirm the cause of your injuries
• Work with financial experts to estimate future losses

How Negligence Is Determined in Long Island Personal Injury Cases

In order for you to receive compensation, your long island personal injury attorney will need to prove negligence in court, including demonstrating that someone else’s negligence was the cause of your injuries. This is crucial in personal injury cases for securing compensation for losses such as medical bills, pain and suffering, and lost wages. Negligence refers to any careless act that causes harm to another individual. Once negligence has been proven, the at-fault party will be legally liable for the harm they caused you. To convince a court that the defendant acted negligently, your lawyer at a Long Island personal injury law firm will need to present evidence that undoubtedly proves the following four points:

Duty of Care

Your attorney will have to prove that the defendant owed you a duty of care, or an obligation to behave in a way that would not reasonably cause harm to you or others. In the example of a car accident, the duty of care would be to drive in a manner that doesn’t endanger others.

Breach of Duty

Next, your lawyer will need to prove that the defendant acted in a way that breached the duty of care they owed you. Evidence that reveals the defendant was under the influence or texting while driving can be used to prove that they failed to live up to their obligation.

Causation

Your Long Island personal injury attorney also needs to prove that the defendant’s breach of duty directly caused you harm. They’ll demonstrate that you wouldn’t have been injured if the defendant hadn’t been driving distractedly.

Damages

Finally, your personal injury lawyer will have to prove that your injuries resulted in economic and/or non-economic damages that are compensable. They’ll use evidence like medical and car repair bills to prove that the defendant’s actions caused you physical and financial harm.

Comparative Negligence in a Long Island Personal Injury Case

In Long Island, personal injury outcomes are subject to New York’s pure comparative negligence standard. Under this standard, both parties are eligible to receive compensation, even if one of them is found to be more responsible for the accident. However, each party’s compensation will be reduced by the percentage of fault they’re assigned by the jury. For example, if the plaintiff is awarded $5,000 in damages, but they were found to be 10% responsible for the accident, they’ll receive $4,500. Unfortunately, this standard invites attorneys to attempt to shift blame onto otherwise innocent plaintiffs. An experienced Long Island personal injury attorney can prevent this tactic by investigating the accident and holding the defendant liable for their share of blame.

Our Injury Attorneys Can Communicate With Insurance Companies

Insurance companies are notorious for ambushing injury victims with low-ball settlement offers, often before they’ve had the chance to seek legal counsel. If you’ve been contacted by an insurance adjuster, make sure to speak to a lawyer before you sign anything. A personal injury attorney will handle all communications with insurance companies. They’ll look over any offers you receive and determine if they’re sufficient for the medical bills and other losses you’ve incurred.

Our attorneys will negotiate to get you the highest settlement possible for your damages.

A Personal Injury Lawyer Will Negotiate a Fair Settlement

The majority of personal injury cases in Long Island settle outside of court. Your attorney will attempt to negotiate a settlement with the defendant’s insurer, but they won’t stop there if a fair agreement isn’t reached. If the insurance company refuses to offer a fair payment, your attorney will be fully prepared to take your case to trial. They’ll use physical evidence and witness testimony to show the jury that you deserve to be compensated for your unjust injury. Without expert legal counsel, you could undervalue your claim and even be held partially guilty for an accident you didn’t cause. The truth is, you could lose money without a lawyer’s help, but that’s not the only reason you should hire us. Here are some of the other services a personal injury lawyer in Long Island, NY will provide:

Put Your Recovery First

Our personal injury lawyers are committed to your full recovery. They’ll take care of all legal responsibilities and negotiate a fair settlement while you seek medical treatment and recover from your injuries.

Work to Protect Your Rights

Negotiating a settlement without legal counsel could cause you to miss out on a substantial amount of compensation. Luckily, our experienced personal injury attorneys in Long Island know how to use the law to get you the highest settlement possible. They’ll make sure you receive all the damages you’re legally entitled to receive. They’ll also advise you on damages you might not have been aware of, like mental distress or future medical expenses.

Tailor a Strategy That Fits Your Claim

A personal injury lawyer can ensure you don’t miss out on compensation due to a paperwork error, loophole, or technicality. They’ll advise you of the strict rules and deadlines for filing a claim. Most importantly, your attorney will create a customized legal strategy that suits your needs.

Determine How Much Your Claim Is Worth

Insurance companies will often try to offer a settlement that doesn’t cover the entirety of your expenses. Knowing the value of your claim will help you identify low-ball offers as well as settlements that fully account for your losses. Your Long Island personal injury attorney will consider all of your injuries and damages when assigning a monetary value to your claim. Once they know how much your claim is worth, they’ll be able to negotiate an appropriate settlement or fight for a fair court verdict.

Cost of Hiring a Personal Injury Lawyer

Our injury attorneys work for a contingency fee. That means they’ll take a percentage of your settlement or jury verdict in exchange for the legal services they provide. You can expect your attorney to take between 30% and 40% of the sum recovered. Medical malpractice cases are an exception, as there is a sliding scale for payment. In these instances, the amount a victim pays is based on how much they can afford to pay. N.Y. Jud. §474a states that these fees must fall between 10% and 30% of the victim’s net compensation.

When You Should File a Personal Injury Claim in Long Island

It is best to get legal help as soon as possible after an injury. That way, your attorney can start the personal injury claim process and begin an independent investigation while evidence is still fresh. Getting started soon will ensure that your claim is filed within the relevant New York statute of limitations, or legal deadline. Swift action is even more imperative when filing a claim against a governmental agency, as the time limit could be as short as 90 days.

Legal Deadline for Filing a Personal Injury Claim in Long Island

Filing your personal injury claim within the relevant statute of limitations is essential if you want to recover compensation. Failure to file before the legal deadline will effectively bar you from receiving damages. According to N.Y. Civ. Prac. R. section 214, you have three years from the date of your accident to file a personal injury claim. If you need to file a wrongful death suit, you’ll have two years to do so. Victims of medical malpractice are given two years and six months from the date of their injury, or the last day they received treatment, to file a claim. Missed diagnosis victims have two and a half years from the day they discovered their diagnosis, though the claim must be filed within seven years of the failed diagnosis date.

A Long Island Personal Injury Attorney Can Help You File a Wrongful Death Suit

If your spouse or family member has passed away due to the careless actions of another individual, we offer our condolences. Our lawyers in Long Island understand the frustration and sorrow you must be feeling, and are prepared to manage your wrongful death case from start to finish. Our attorneys will do everything they can to recover damages for the losses you’ve incurred as a result of your loved one’s passing. Although it might seem callous to assign a monetary value to your loss, the following damages can help you support yourself through hard times:

• Inherited medical bills
• Loss of income
• Loss of consortium
• Funeral and burial costs
• Punitive damages

Contact an Experienced Personal Injury Attorney in Long Island, NY Today

After a serious accident, the Law Office of Cohen & Jaffe, LLP your dedicated New York personal injury lawyer, is here to help you put your life back on track. We specialize in providing legal representation to clients in New York, focusing on financial recovery, filing complaints in New York courts, understanding the statute of limitations, and calculating personal injury settlements. Our firm operates on a contingency fee basis, emphasizing the importance of skilled legal counsel for protecting your right to recover compensation. We can manage the entirety of your case, so you can focus on recuperating. If you’re interested in working with a personal injury attorney, we can offer you a free consultation. Our law partners and associates have more than 100 years of combined experience. We are supported by a skilled staff dedicated to helping you move forward after an injury. Call us at (516) 358-6900 or contact us online today to get started on your claim.

Long Island Personal Injury FAQs

Do you still have questions about a Long Island personal injury case? You’re not alone. Check out these frequently asked questions to learn more about the laws and standard practices surrounding your case.

• Is New York a No Fault State?
• What Kind of Video Footage Can Legally Be Used As Evidence?
• How Much Is the Average Personal Injury Settlement?

LEGALLY REVIEWED BY:Richard S. Jaffe, Trial Attorney and LitigatorApril 29, 2024

Attorney Richard S. Jaffe is known for his reputation as a fierce litigator and trial attorney who has secured several multi-million dollar verdicts and settlements over the past 20 years. Fighting for the rights of those who have been injured as a result of negligence may be Richard’s passion, but that is just the beginning when it comes to the myriad ways he gives back to his community.