At Seraj Law, we go beyond legal representation.
When you’re injured in New York, the path to recovery can be complex and challenging. A dedicated New York personal injury lawyer not only understands the nuances of state law but also possesses the local services to ensure your rights are protected and you receive the full compensation you deserve.
From navigating intricate legal procedures to confronting uncooperative insurance companies, you need a powerful advocate on your side. Our lawyers at Seraj Law are here to help.
When you’re injured due to someone else’s negligence, the aftermath can feel overwhelming. Medical bills pile up, insurance companies call with lowball offers, and you’re left wondering if you’ll ever recover what you’ve lost. This is precisely when you need an experienced New York personal injury attorney on your side.
Personal injury law exists to make victims whole after someone else’s negligence causes them harm. In New York, this area of law encompasses a broad range of incidents where one party’s careless or intentional actions cause physical, emotional, or financial harm to another.
A personal injury case in New York typically involves situations where you’ve been harmed due to another party’s negligence or intentional misconduct. Common scenarios include motor vehicle accidents, premises liability incidents like slip and falls, medical errors, defective products, workplace accidents, and wrongful death claims.
The key element is that someone else’s actions—or failure to act—directly caused your injuries. To have a viable claim, you must demonstrate four elements: the other party owed you a duty of care, they breached that duty, their breach caused your injury, and you suffered actual damages as a result.
New York follows a “pure comparative negligence” rule, which can significantly affect your recovery. Under this system, your compensation is reduced by your percentage of fault, but you can still recover damages even if you’re 99% responsible for the accident.
For example, if you’re awarded $100,000 in damages but found 30% at fault for the accident, you’ll receive $70,000. Insurance companies exploit this rule by aggressively arguing that victims share blame, which is why having a lawyer who can effectively counter these arguments is essential.
Personal injury damages in New York fall into two main categories.
Economic damages include quantifiable financial losses such as medical expenses, lost wages, future medical care costs, rehabilitation expenses, and property damage. These damages are relatively straightforward to calculate with proper documentation in place.
Non-economic damages compensate for subjective losses that don’t have a clear dollar value, including pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and loss of consortium. These damages can represent a substantial portion of your total recovery, but insurance companies often dispute them vigorously.
A third category that might not always come into play is punitive damages. New York courts award these in cases where the defendant’s conduct was particularly egregious, reckless, or intentional, serving to punish the wrongdoer.
New York law imposes strict deadlines for filing personal injury lawsuits. Generally, you have three years from the date of injury to file a claim in court, but important exceptions exist.
Medical malpractice cases typically must be filed within two and a half years of the malpractice or from the end of continuous treatment. Claims against government entities require filing a notice of claim within 90 days, with a one-year and 90-day deadline to file a lawsuit.
Missing these deadlines almost always means losing your right to compensation entirely, regardless of how strong your case might be. This is why consulting an attorney promptly after an accident is crucial.
Personal injury law encompasses numerous accident types, each with distinct legal considerations. Seraj Law has extensive experience handling the full spectrum of injury claims throughout New York.
Vehicle accidents remain among the most common causes of personal injury in New York. Whether you’ve been hit by a distracted driver, injured in a multi-vehicle pileup, struck by a commercial truck, or involved in a rideshare accident, these cases involve navigating New York’s no-fault insurance system while pursuing claims against at-fault parties.
Property owners have a legal duty to maintain safe premises. When they fail to address hazards like icy sidewalks, wet floors, poor lighting, uneven pavement, or broken stairs, serious injuries can result.
These cases require proving the property owner knew or should have known about the dangerous condition and failed to remedy it or warn visitors. Slip and fall accidents can occur in retail stores, restaurants, apartment buildings, office complexes, or on public sidewalks.
When healthcare providers fail to meet accepted standards of care, patients suffer devastating consequences. Medical malpractice cases can involve surgical errors, misdiagnosis or delayed diagnosis, medication mistakes, birth injuries, anesthesia errors, failure to diagnose serious conditions like cancer or heart disease, and nursing home abuse or neglect.
New York’s Labor Law provides specific protections for construction workers injured on the job. Scaffolding collapses, falls from heights, falling objects, equipment failures, electrocutions, and trench collapses can result in catastrophic injuries.
While workers’ compensation covers many workplace injuries, third-party liability claims may exist when equipment manufacturers, subcontractors, property owners, or other parties contribute to your injury.
The most serious personal injury cases involve life-altering injuries or fatalities. Catastrophic injuries include traumatic brain injuries, spinal cord damage resulting in paralysis, severe burns, amputations, multiple fractures, and permanent disfigurement.
These cases require extensive documentation of long-term care needs and lifetime economic impacts. When negligence results in a fatality, surviving family members may pursue wrongful death claims seeking compensation for funeral expenses, lost financial support, loss of companionship, and the decedent’s pain and suffering before death.
Don’t wait to protect your rights and secure the compensation you deserve. New York law imposes strict deadlines on when you can file a personal injury claim, and evidence becomes harder to gather as time passes.
The insurance companies are already working to minimize your claim—shouldn’t you have an experienced advocate fighting for your interests?
At Seraj Law, we’re ready to evaluate your case, explain your options, and fight for the full compensation you’re entitled to receive. Our consultations are completely free and confidential, with no obligation. We’ll give you honest answers about your case’s strength and potential value.
Speak directly with a lawyer today. Call Seraj Law at (518) 941-8579 to get started.
Most personal injury attorneys, including Seraj Law, work on a contingency-fee basis. This means you pay no upfront costs or hourly fees.
Instead, your attorney receives a percentage of your recovery only if they win your case. If you don’t receive compensation, you don’t pay attorney fees.
The timeline varies considerably depending on your case’s complexity, the severity of your injuries, and whether the case settles or goes to trial.
Simple cases with clear liability and modest damages might settle in a few months. More complex cases involving serious injuries, disputed liability, or multiple defendants can take one to three years or longer.
Your attorney can provide a more specific timeline based on your particular circumstances.
Most personal injury cases settle before trial through negotiation with insurance companies. However, when insurers refuse to offer fair compensation, going to court may be necessary to get what you deserve. If your case does go to trial, your attorney will prepare you thoroughly and guide you through the process.
Having a lawyer willing to litigate shows insurance companies you’re serious and often leads to better settlement offers.
Yes, you have the right to change attorneys at any time. If you’re dissatisfied with your current lawyer’s communication, strategy, or results, you can terminate the relationship and hire new counsel.
The transition process involves signing paperwork to release your previous attorney and having the new firm request your case file. Any fee disputes between you and your former attorney can be resolved through arbitration if necessary.
