If you have suffered a serious injury because of someone’s negligent or harmful acts, you need to know that you can trust your lawyer to do everything possible to get you the compensation you deserve. At Keith D. Silverstein & Associates, we understand that you are more than just another case; you are a victim in need of personalized legal guidance—and that is exactly what we provide.
Not only is every one of our personal injury cases supervised by a partner, but each claim is also prepared thoroughly and professionally so that, if needed, we can go to trial without delay. We are not interested in making a quick buck by simply settling as many cases as possible.
Types of Personal Injury Cases We Handle
At Keith D. Silverstein & Associates, our personal injury attorneys bring a wealth of knowledge and experience to their practice. We have helped clients with a wide variety of negligence-based claims, as well as cases involving wrongful acts and intentional infliction of injury.
Our personal injury practice includes the following types of cases:
- Asbestos-related illnesses and injuries
- Birth injuries, such as cerebral palsy
- Bicycle accidents
- Brain injuries
- Car accidents
- Construction accidents
- Defective drugs
- Defective medical devices
- Drunk driving accidents
- Motorcycle accidents
- Pedestrian accidents
- Premises liability
- Product liability
- Taxi accidents
- Rideshare accidents
- Slips and falls
- Spine injuries
- Subway accidents
- Truck accidents
- Wrongful death
We also represent those affected by water contamination at Camp Lejeune in North Carolina, including military veterans and their families. Our team has proudly helped people from all walks of life, including business owners, professionals, union workers, and even rescue and recovery workers from the World Trade Center disaster, among others.
When to File a Personal Injury Claim
First and foremost, you should know that there is a statute of limitations, or filing deadline, on personal injury cases in New York. In most cases, you have just three years from the date of injury to file your lawsuit. In wrongful death cases, the statute of limitations is two years from the date of death. Cases against the government or government entities are subject to additional deadlines.
In any case, if you fail to file your lawsuit before the applicable statute of limitations expires, the court will have grounds to dismiss your case. If this happens, you will permanently lose your right to seek financial compensation for your damages.
However, before filing a claim, there are certain things you must prove to determine whether you even have a case:
- Injury: You only have a personal injury claim if you sustained an injury that led to measurable damages, such as medical expenses, lost wages, or pain and suffering. Even if you can successfully prove all of the other elements of your claim, including negligence and fault, you do not have a case if you were not injured.
- Duty of Care: You (and your legal counsel) must establish that the defendant (the party against whom you are bringing your claim) had a legal responsibility to act or refrain from acting in certain ways that could cause foreseeable harm to others. This might include obeying traffic laws, warning of potential hazards on a property, and more.
- Breach: When someone “breaches” the duty of care they owe to others, it means that they fail to uphold their legal responsibility to prevent foreseeable injury through prudent acts and omissions. In other words, if someone breaks the law, acts carelessly, or is otherwise negligent, they have likely breached their duty of care to others.
- Causation: Lastly, to have a successful personal injury case, you must prove that the defendant’s negligent or wrongful conduct was the cause of your injuries and resulting damages. In other words, you must prove that the defendant was at least partly at fault. Even if you were partially to blame, you could still have a case.
At Keith D. Silverstein & Associates, we utilize our extensive experience, robust resources, and legal acumen to investigate claims, gather important evidence, and develop powerful legal strategies for our clients. Our goal is to recover maximum compensation for you so that you can manage unexpected financial burdens associated with your accident, injury, or loss.
How a Personal Injury Lawyer Can Help
Navigating the aftermath of a serious accident or injury can be extremely difficult, but a personal injury attorney can assist you with the various legal aspects of your situation. An attorney will not only be able to explain the law and how it applies to your case but can also provide personalized information and advice specifically tailored to your unique circumstances.
At Keith D. Silverstein & Associates, we assist our clients by:
- Discussing the details of their cases, as well as their legal rights and options, at no cost
- Listening to their stories and learning about their unique needs, concerns, and goals
- Helping them obtain proper medical care (when necessary and/or appropriate)
- Gathering evidence, such as medical records, police reports, and witness statements
- Communicating with the insurance company and negotiating for a fair settlement
- Utilizing all available evidence to build powerful, personalized legal claims
- Developing innovative and creative legal strategies aimed at maximizing compensation
- Preparing all cases for litigation and trial to stay a step ahead of the defense
- Aggressively representing their rights in court whenever necessary
We offer the experience of a large firm with the efficiency, personal attention, and accessibility of a boutique practice. Throughout the years, our New York City personal injury attorneys have consistently recovered noteworthy results for our clients, including many favorable settlements and jury verdicts.
Types of Damages in Personal Injury Cases
The word “damages” is a legal term used to describe the collective economic and non-economic losses an individual endures due to an injury or the death of a loved one.
Economic damages are losses with a set dollar value, such as:
- Medical expenses
- Projected future care costs
- Lost income/wages
- Lost employment benefits
- Rehabilitation and therapy costs
- Miscellaneous out-of-pocket expenses
Non-economic damages are intangible and may include:
- Pain and suffering
- Lost earning ability
- Diminished quality of life
- Emotional distress
- Mental health conditions
Both economic and non-economic damages are examples of “compensatory damages,” or damages awarded to compensate victims for specific losses. In addition to compensatory damages, courts sometimes award punitive, or exemplary, damages. Rather than compensate injured victims or the surviving family members of those wrongfully killed, punitive damages are meant to punish defendants for gross negligence, egregious misconduct, and intentional infliction of harm.
Every case is different; the exact types of damages you may be entitled to receive depend on various factors involved in your case, as does the overall value of your claim.
We encourage you to reach out to our New York City personal injury lawyers at Keith D. Silverstein & Associates to learn more during a no-cost, no-obligation consultation.
What happens if the person who caused my injury doesn’t have insurance?If the person who caused your injury doesn't have insurance, you may still have options for compensation. Depending on your own insurance policy, you might be able to file a claim through your uninsured/underinsured motorist coverage (if the injury was the result of a motor vehicle accident), for example. Alternatively, you could potentially pursue a personal injury lawsuit against the at-fault party directly if your lawyer advises. In some cases, there may be other parties who share liability for your injuries, such as employers, property owners, or manufacturers, and they could potentially be sources of compensation.
Can I file a personal injury claim if I didn’t immediately realize I was injured?
You can still file a personal injury claim if you didn't immediately realize you were injured, which could happen for certain injuries, illnesses, and side effects of unsafe medication. In New York, the statute of limitations for personal injury cases is generally three years from the date of the accident. However, if you weren't immediately aware of your injury, the clock might start ticking from the date you discovered the injury, or reasonably should have discovered it.
What do I need to prove in a personal injury claim in New York?In a personal injury claim in New York, you need to establish two primary components: liability and damages. To prove liability, you must demonstrate that the party you're holding responsible acted negligently and that these actions directly caused your injuries. This process often involves presenting physical evidence from the scene of the incident, witness testimonies, or expert opinions. As for damages, you must illustrate the extent of your injuries and the financial repercussions they've caused, which can also consider future losses.
What are some of the most common accident types that lead to personal injuries in NYC?The most common accident types that lead to personal injuries in New York City are often related to motor vehicles and slip-and-fall incidents. Car accidents are particularly prevalent, with whiplash being a common injury, and incidents often caused by negligent driving behaviors such as driver distraction. Slip and fall cases, often due to slippery sidewalks or poorly maintained staircases, are another significant cause of personal injuries in the city, as are construction accidents in a city that is constantly under construction.
What qualifies as a personal injury that justifies a claim or lawsuit?A personal injury that justifies a claim or lawsuit typically involves harm that a person suffers due to the negligence or intentional act of another party. This harm can be physical, such as broken bones, burns, or brain injuries, but it can also include emotional or psychological distress. To justify a claim, the injury must have caused some form of measurable damage to the victim, such as medical expenses, loss of earnings, property damage, or non-economic damages like pain and suffering, loss of enjoyment of life, or emotional distress.
Can I file a personal injury claim if I was partly at fault?
Yes, if you were partly at fault for the incident that caused your injury, you can still file a claim and seek compensation for your damages. Under New York’s pure comparative negligence rule, you can even file a claim if you were more at fault than the other party. However, the amount you can recover will be limited by the same percentage of fault you are determined to have. For example, if you are found to be 25% to blame, your recovery will be reduced by 25%. This means that you would only be able to recover up to 75% of the amount you are seeking in damages.
What is the statute of limitations on personal injury lawsuits in New York?
The statute of limitations—or amount of time you have to file a lawsuit—for personal injury in New York is three years. This means that you have three years from the date of the injury or the date of discovery (the date on which the injury was discovered or reasonably could have been discovered) to file your claim in court. There are very few exceptions; we recommend that you act quickly so that you do not lose your right to seek damages.
How can an attorney at Keith D. Silverstein & Associates help me?
We assist clients with all aspects of their claims, from obtaining proper medical care to communicating with the insurance company to seeking fair compensation for all related damages. Our attorneys have extensive experience handling all types of personal injury cases, including those involving car accidents, motorcycle accidents, truck accidents, taxi, and rideshare accidents, subway accidents, pedestrian accidents, bicycle accidents, construction accidents, defective drugs, and medical devices, water contamination, asbestos exposure, birth injuries, brain injuries, spine injuries, slip and falls, wrongful death, and more. No matter how complex or challenging your case may be, our firm is ready to stand up for you and protect your rights, both in and out of the courtroom.
How much does it cost to hire a personal injury lawyer in New York?
In New York, as in other states, personal injury lawyers nearly always provide their legal services on a contingency fee basis. This means that their fees are contingent upon them winning your case. In other words, you do not pay any attorney fees or litigation-related costs unless and until your attorney recovers a settlement or verdict on your behalf. Your attorney’s fees and other related legal costs are paid via a percentage of your overall recovery, typically about 33 1/3%, though this amount can vary.
How much is my case worth?
Although many people, understandably, wish to know the overall value of their claim, it is not possible to determine without first reviewing the specific details involved. Some of the many factors that influence how much your claim could be worth include: the severity of your injuries, the cost of your medical care, whether you were partly at fault, how much time you had to take off work to recover, and more. We encourage you to contact our team at Keith D. Silverstein & Associates to learn more during a completely free consultation.
How do I know if I have a personal injury case?
The state of New York allows you to bring a personal injury claim when you are injured due to negligence, wrongful conduct, malpractice, or default. If someone else was to blame for your injury, you likely have a case.
We Help Injured New Yorkers
When you have been involved in an accident, you need a team of dedicated, experienced, and aggressive legal counsel. We are Keith D. Silverstein & Associates, and we are ready to help you obtain the maximum compensation you deserve.Work with our team