Queens Personal Injury Lawyer

Law Office of Cohen & Jaffe, LLP.

LEGALLY REVIEWED BY:
Richard S. Jaffe, Trial Attorney and Litigator

June 27, 2024

What This Page Covers:

Legal Elements: Proving fault in a personal injury claim requires demonstrating the at-fault party’s duty of care, their breach of it, causation linking the breach to your injuries, and the financial impact of those injuries.
Damages Recovery: Victims can seek compensation for a wide range of damages including medical bills, lost income, pain and suffering, and more, highlighting the importance of accurately valuating all losses.
Negotiation and Litigation: Proper legal representation is key in negotiating settlements and, if necessary, litigating in court to ensure victims receive full compensation for their injuries, losses, and other related expenses.
A Law Firm’s Role: The Law Office of Cohen & Jaffe, LLP specializes in providing comprehensive legal support for personal injury victims, ensuring they navigate the complexities of their claim effectively to secure the compensation they deserve.

If you or a loved one were hurt in a slip-and-fall accident, car accident, or by a dog bite or attack, you could be entitled to financial compensation from the at-fault party. Filing a personal injury lawsuit allows you to hold the at-fault party financially accountable. You may also be able to request financial compensation for your injuries and the expenses and losses that stem from those injuries. An attorney from the Law Office of Cohen & Jaffe, LLP can support you in several ways throughout this challenging time.

A Queens personal injury lawyer can help you identify the right party to pursue, negotiate a favorable settlement, and file your claim on time. Contact a personal injury lawyer at The Law Office of Cohen & Jaffe, LLP by calling (516) 358-6900 to find out how we can ensure the filing of your lawsuit complies with the state’s timeline.

Understanding What Makes a Personal Injury Case

A personal injury case arises when someone suffers harm from an accident or injury, and someone else might be legally responsible for that harm. At the heart of these cases is the concept of negligence, which forms the basis for holding the at-fault party accountable for their actions. For a valid personal injury claim, it must be shown that the at-fault party owed a duty of care to the injured person, breached that duty through negligence or wrongful action, and directly caused the injuries that led to financial losses. These elements are crucial for establishing liability and seeking compensation for damages incurred, such as medical expenses, lost wages, and pain and suffering.

In essence, personal injury law provides a legal framework for injured individuals to be compensated financially after suffering harm due to someone else’s carelessness or intentional actions. This compensation is not just about covering medical bills or lost income; it’s also about acknowledging the pain and suffering the injured party has endured. From slips and falls to car accidents and dog bites, each case is unique, yet all share the common goal of rectifying the injustice done to the victim. By proving negligence and securing compensation, personal injury law seeks to restore balance and offer a sense of justice to those wronged.

Establishing Fault After A Personal Injury Accident

To prove the at-fault party bears financial responsibility for your injuries, your attorney must prove the following legal elements of your compensation claim:

The at-fault party owed you a duty of care
The at-fault party breached its duty
Their breach led to your injuries
Your injuries have a financial consequence

It is important to note that it is possible to have more than one party found liable for the accident. Even if you are one of the parties deemed to be partially responsible for your injuries, you may still recover damages. With the help of a knowledgeable personal injury lawyer, we can review your unique case and explain how best to move forward.

Determine Your Range of Recoverable Damages

When you are injured because of negligence on the part of another person, they are responsible for paying the medical bills that stem from your injuries. The at-fault party is also responsible for the cost of the other expenses related to your injuries, as well. Your total recoverable damages are a combination of:

Current medical bills
Future medical bills
Current lost income
Future lost income
Property damage
Property replacement
Pain and suffering
Physical disability
Physical disfigurement
Household out-of-pocket expenses
Physical therapy
Funeral costs
Reconstructive surgery
In-home rehabilitation
Disability
Rental car costs
Court costs
Attorney fees
Travel expenses
Alternative shelter during repair
Motor vehicle repairs
Ambulance ride
Emergency medical treatment
Change in lifestyle
Loss of consortium/companionship
Loss of enjoyment of life and personal enjoyment
Punitive damages

Review the total of your accident-related expenses with your personal injury lawyer from The Law Office of Cohen & Jaffe, LLP today. When our team represents you in your pursuit of financial recovery, we ensure your claim is accurately evaluated and complies with the relevant statute of limitations. In applicable cases, we can also help you fight for punitive damages. Punitive damages are not calculated based on specific losses but instead act as a punitive measure against the at-fault party for their gross negligence.

Build a Comprehensive Queens Personal Injury Case File

If you or a loved one slipped and fell on a neighbor’s icy stairs or a retailer’s slippery floors, your injuries were caused by negligence. Negligence can also cause a car accident, medical mishap, dog bite, or wrongful death.

When you seek financial compensation from the person or entity responsible for your injuries, you have to prove that they caused your injuries. You will also have to prove that your injuries have a financial consequence—and that the at-fault party should be responsible for them.

To do this, our team will build a personal injury case file that contains the:

Police, crash, or incident reports
Date, time, and location of the accident
Medical records, reports, and bills
Pictures of your injuries
Pictures of your damaged property
Statements from witnesses
Employment records and family history

Your case file will support your compensation claim and will help prove the cause, effect, and cost of your injuries. A personal injury lawyer will help you obtain the information your case file requires. We will ensure your case file is accurate and complete.

Our Team Can Negotiate for the Financial Settlement You Deserve

If you are entitled to financial recovery from a personal injury lawsuit in Queens, New York, you can settle your case without going to court. When you agree to a financial settlement, you accept a specified amount of money, relieve the at-fault party of any further financial responsibility, and your case is closed.

Accepting a financial settlement offer is a permanent action, so you should work closely with your personal injury lawyer to ensure your claim is accurately valued before finalizing. If you discover additional financial damage related to your injuries later, you will not be able to compel additional payment from the at-fault party. When our team negotiates a financial settlement for you, we make sure you do not inadvertently accept a speedy offer, one that is too small, or one that does not fully cover the costs of the accident. Our goal is to ensure you are not left paying any out-of-pocket expenses for an accident you did not cause. If a worthy settlement offer cannot be reached, we are prepared to take your case to court and defend your future in front of a judge.

Your Queens Personal Injury Lawyer Is Your Advocate

If you or someone you love was injured in a negligence-based accident, you are entitled to compensation for your injuries and their related expenses and financial losses. Nobody deserves to pay the financial, mental, or physical price of another person’s negligence.

When you partner with a dedicated and knowledgeable attorney, you are giving yourself the opportunity to recover the financial compensation and justice you deserve after your accident. Our team can show you how to file a personal injury insurance claim in Queens, New York, or lawsuit against the at-fault party. Contact the Queens, NY, personal injury team at the Law Office of Cohen & Jaffe, LLP, by calling (718) 280-5337 or using our contact form today.

Determine Your Range of Recoverable Damages

Current medical bills
Future medical bills
Current lost income
Future lost income
Property damage
Property replacement
Pain and suffering
Physical disability
Physical disfigurement

Review the total of your accident-related expenses with your Queens personal injury lawyer (who can help make sure no eligible expenses or losses are overlooked and that your claim is not undervalued or underpaid). When our team represents you in your pursuit of financial recovery, we make sure your claim is accurately evaluated and that it complies with the relevant statute of limitations.

Comply With New York’s Statute of Limitations

Like yours, every personal injury claim has a time limit imposed on it. Because you were injured in Queens, your personal injury claim is governed by the statute of limitations in the state of New York. According to the New York CVP § Section 214, you generally have three years from the date of the accident to file your lawsuit.

If you do not file your lawsuit on time, you will not be able to file it at all. At this point, the at-fault party can no longer be compelled to compensate you for the financial impact of the accident. When that happens, the full financial burden is left to you and your family.

You can avoid running out of time to file your lawsuit by consulting a member of our Queens, NY personal injury team right away. When you are ready to seek the compensation you are entitled to, we can aid you.

A Queens personal injury lawyer can help you identify the right party to pursue, negotiate a favorable settlement, and file your claim on time. Contact the Queens, New York personal injury team at the Law Office of Cohen & Jaffe, LLP by calling (516) 358-6900 to find out how we can ensure that the filing of your lawsuit complies with the state’s timeline.

Featured Practice Areas

At Law Office of Cohen & Jaffe, LLP we are skilled in various practice areas within personal injury law to ensure comprehensive representation for our clients. Our practice areas include:

Car Accidents: Handling cases involving collisions, hit-and-runs, and other vehicular accidents.
Slip and Fall Cases: Representing clients injured due to unsafe property conditions.
Medical Malpractice: Pursuing claims against healthcare providers for negligence or misconduct.
Dog Bites: Advocating for victims of animal attacks to secure compensation for injuries.
Workplace Accidents: Assisting workers injured on the job in obtaining workers’ compensation and other benefits.
Wrongful Death: Supporting families in claims arising from fatal accidents due to negligence.
Product Liability: Addressing injuries caused by defective or dangerous products.
Construction Accidents: Representing construction workers injured on-site.
Nursing Home Abuse: Advocating for the rights and safety of nursing home residents.
Bicycle and Pedestrian Accidents: Pursuing justice for non-motorists injured by vehicles.

Treating Clients Like Family

At Law Office of Cohen & Jaffe, LLP we pride ourselves on treating every client like family. Our commitment to client care goes beyond legal representation; we offer personal attention, empathy, and dedication to achieving the best outcomes for our clients. We understand the toll a personal injury can take, and we are here to support you every step of the way. Our team is always available to answer your questions, provide updates on your case, and ensure you feel heard and understood throughout the legal process.

Damages You Can Recover From a Queens Personal Injury Lawsuit

When you pursue a personal injury lawsuit, several types of damages can be recovered. These include:

Current Medical Bills: Costs for immediate medical treatment after the injury.
Future Medical Bills: Expenses for ongoing or future medical care related to the injury.
Current Lost Income: Wages lost due to being unable to work immediately after the injury.
Future Lost Income: Compensation for future earning capacity lost due to long-term injury effects.
Property Damage: Costs for repairing or replacing personal property damaged in the incident.
Pain and Suffering: Compensation for pain caused by the injury.
Physical Disability: Damages for any long-term or permanent disability resulting from the injury.
Physical Disfigurement: Compensation for scarring or disfigurement from the injury.
Household Out-of-Pocket Expenses: Reimbursement for expenses directly related to the injury.
Physical Therapy: Costs associated with rehabilitation and recovery.
Funeral Costs: Expenses related to burial and funeral services in wrongful death cases.
Reconstructive Surgery: Costs for surgeries needed to repair injury-related damage.
In-Home Rehabilitation: Expenses for home-based recovery services.
Disability: Compensation for any disability caused by the injury.
Rental Car Costs: Costs of rental transportation while your vehicle is being repaired.
Court Costs: Legal expenses incurred during the lawsuit.
Attorney Fees: Costs for legal representation.
Travel Expenses: Reimbursement for travel related to medical treatment or court appearances.
Alternative Shelter During Repair: Costs for temporary housing if your home is uninhabitable due to the accident.
Motor Vehicle Repairs: Expenses for fixing a damaged vehicle.
Ambulance Ride: Costs for emergency transportation.
Emergency Medical Treatment: Expenses for immediate medical care post-accident.
Change in Lifestyle: Compensation for adjustments required in your daily life due to the injury.
Loss of Consortium/Companionship: Damages for loss of spousal or familial relationships.
Loss of Enjoyment of Life and Personal Enjoyment: Compensation for loss of life’s pleasures.
Punitive Damages: Additional damages to punish the at-fault party for gross negligence.

Resources For Queens, New York Personal Injury Cases

You’ve Won a Personal Injury Claim, What Happens Next?

After winning a personal injury claim, you can expect to receive the agreed-upon settlement amount. This process involves the insurance company or the defendant making the payment as stipulated in the settlement agreement. It’s important to understand that the settlement is typically final, meaning you cannot request additional compensation later. Your attorney will guide you through managing the settlement funds, addressing any liens (such as medical bills or insurance reimbursements), and planning for future financial needs.

What Are Non-Economic Damages in a Personal Injury Case?

Non-economic damages refer to compensation for intangible losses that do not have a direct monetary value. These include:

Pain and Suffering: Physical discomfort and emotional distress resulting from the injury.
Loss of Consortium: Impact on relationships with spouses or family members.
Loss of Enjoyment of Life: Diminished ability to enjoy daily activities and hobbies.
Disfigurement: Compensation for permanent scarring or changes to appearance.

Calculating non-economic damages can be complex and often depends on the severity and impact of the injury.

How Can Traffic Cams Affect the Outcome of Your Personal Injury Claim?

Traffic cameras can play a crucial role in personal injury claims by providing objective evidence of the incident. They can:

Verify the Sequence of Events: Show how the accident occurred, supporting your version of events.
Identify Fault: Capture the actions of all parties involved, helping to establish liability.
Document Severity: Provide visual evidence of the impact and immediate aftermath, which can support claims for damages.

Your attorney can obtain and review traffic cam footage to strengthen your case.

Tips for Caring for a Family Member With a Serious Personal Injury

Caring for a seriously injured family member can be challenging. Here are some tips:

Medical Care: Ensure they receive proper medical treatment and follow-up care.
Emotional Support: Offer emotional and psychological support to help them cope.
Financial Planning: Plan for medical expenses, rehabilitation costs, and potential loss of income.
Legal Assistance: Consult with a personal injury lawyer to understand your rights and options for compensation.
Self-Care: Take care of your own health and well-being to be an effective caregiver.

6 Signs You Should Hire a Personal Injury Lawyer

Consider hiring a personal injury lawyer if:

Severe Injuries: Your injuries are serious and require extensive medical treatment.
Long-Term or Permanent Disability: Your injury has resulted in long-term or permanent disability.
Disputed Liability: The other party disputes liability or blames you for the accident.
Insurance Issues: The insurance company denies your claim or offers a low settlement.
Complex Case: Your case involves multiple parties or legal complexities.
Unclear Damages: You are unsure of the full extent of your damages and future needs.

Do You Need a Personal Injury Lawyer For a Non-Traumatic Brain Injury?

Non-traumatic brain injuries (NTBI), caused by medical conditions or lack of oxygen, can be complex. Legal representation is crucial because:

Complex Medical Evidence: NTBIs require expert medical testimony to establish the link between the injury and negligence.
Significant Impact: These injuries can have profound effects on cognitive and physical abilities, requiring substantial compensation.
Insurance Challenges: Insurance companies may contest NTBI claims more aggressively, necessitating skilled negotiation.

The 5 Most Common Personal Injury Accidents

The most common personal injury accidents include:

Car Accidents: Collisions and vehicular accidents caused by negligent driving.
Slip and Fall: Injuries resulting from unsafe property conditions.
Medical Malpractice: Harm caused by healthcare provider negligence.
Workplace Accidents: Injuries occurring in the course of employment.
Dog Bites: Attacks by animals leading to significant injuries.

Each type requires specific legal strategies to prove fault and secure compensation.

Why Duty of Care Is So Important to Personal Injury Claims

Duty of care is a legal obligation requiring individuals to act reasonably to avoid harming others. In personal injury claims, proving that the defendant owed you a duty of care and breached it is essential for establishing liability. Examples include:

Drivers: Must follow traffic laws to prevent accidents.
Property Owners: Must maintain safe premises.
Medical Professionals: Must provide standard care.

Demonstrating a breach of duty of care is critical for a successful claim.

How Do Personal Injury Settlements Work?

Personal injury settlements involve negotiating an agreement between the injured party and the defendant or their insurer. The process includes:

Evaluation: Assessing the value of your claim based on damages.
Demand Letter: Your attorney sends a demand letter outlining your claim and the compensation sought.
Negotiation: Both parties negotiate to reach a fair settlement.
Agreement: Once an agreement is reached, you sign a release, and the defendant pays the settlement amount.
Finalization: The case is closed, and you receive compensation.

Settlements avoid lengthy court trials and provide quicker resolutions.

Build a Comprehensive Queens Personal Injury Case File

To do this, our team will build a personal injury case file that contains the:

Police, crash, or incident reports
Date, time, and location of the accident
Medical records, reports, and bills
Pictures of your injuries
Pictures of your damaged property
Statements from witnesses
Employment records and family history

Your case file will support your compensation claim and will help prove the cause, effect, and cost of your injuries. Our team members will help you obtain the information your case file requires. We will ensure your case file is accurate and complete.

Our Team Can Negotiate for the Financial Settlement You Deserve

Because accepting a financial settlement is permanent, you should work closely with your personal injury lawyer in Queens, NY to ensure your claim is accurately valued before finalizing. If you discover additional financial damage related to your injuries later, you will not be able to compel additional payment from the at-fault party.

When our team negotiates a financial settlement for you, we make sure you do not inadvertently accept a speedy offer, one that is too small, or one that does not fully cover the costs of the accident. Our goal is to ensure you are not left paying any out-of-pocket expenses for an accident you did not cause.

Your Queens Personal Injury Lawyer Is Your Advocate

If you or someone you love was injured in a negligence-based accident, you are entitled to compensation for your injuries and their related expenses and financial losses. Our team can show you how to file a personal injury insurance claim in Queens, New York or lawsuit against the at-fault party. Contact the Queens, NY personal injury team at the Law Office of Cohen & Jaffe, LLP by calling (516) 358-6900 today.

Resources For Queens, New York Personal Injury Cases

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.