The Truth About Common Myths In New York Personal Injury Law

• The potential costs associated with pursuing your case with a personal injury attorney in New York.
• Common misconceptions about your culpability and entitlement to damages in your case.
• How a qualified personal injury attorney can assist you in receiving the highest payout for your injuries.

Is It Too Expensive To Pursue A Personal Injury Case In New York?

You may notice a contingency while working on your personal injury case with a lawyer in New York stating that they will not receive a fee unless they successfully win your case. Lawsuits in New York are expensive, but certain retainers allow clients the choice between either advancing the court expenses themselves or having them covered by an attorney.

If a client is unable to afford the costs associated with their case, their attorney will cover the expenses and only receive payment if the case is successful. However, a client may be obligated to reimburse their attorney in the event that the case is not successful.

Will I Be Able To Sue For Emotional Distress In New York?

Emotional distress is a large component of many personal injury cases and can be made up of a variety of damages. Several non-tangible damages encompass pain and suffering, including:

• Pecuniary Damages: Monetary earnings that are lost due to an accident, including lost wages, medical expenses, and property damage.
• Pain And Suffering: Trauma-induced issues, including depression, anxiety, fear, and strained relationships as the result of a personal injury.

Many personal injury cases in New York involve emotional distress, especially sexual assault cases. Damages are generally sought for non-tangible pain and suffering due to loss of work and mental health repercussions.

Can I Sue In New York If I Am Partially At Fault?

You can sue for a personal injury even if you are partially at fault, as the state of New York did away with contributory negligence as a complete defense to a lawsuit over 50 years ago. New York now uses comparative negligence, meaning each party’s negligence is proportionate to their culpable conduct. This means that there can still be a lawsuit even if the plaintiff holds a portion of the culpability.

Attorney David A. Kapelman is a seasoned lawyer based in New York who has helped countless clients just like you navigate the intricacies of personal injury law. With over 40 years of experience, he is prepared to assist you in winning fair compensation for your personal injury so that you can return your attention to the things that matter most.

Still have questions? Ready to get started? Contact the Law Offices of David A. Kapelman, P.C. today to schedule an initial consultation.

Should I Seek Compensation If I’m Not Seriously Injured?

This decision is typically made on a case-by-case basis. My office chooses to only handle cases of serious injuries, as these lawsuits require a great deal of time and money. If we’re advocating for substantial recoveries for our clients, we have to be selective in the cases we take.

Do I Need A Personal Injury Lawyer If I Have Insurance?

Technically, you don’t need a personal injury lawyer to file an insurance claim, but it can certainly increase your odds of a favorable settlement. If the other party is also insured, their insurance company will dispute your case in order to limit their own liability and lower your payout. For this reason, many prefer working with an attorney over simply allowing their insurance company to handle the case.

What Is The Most Common Misconception Of Personal Injury Claims?

The most misunderstood aspect of personal injury claims is what’s known as a runner verdict, where a jury awards monetary compensation in a case before knowing whether the verdict will be upheld. I hear of claims from people saying they know someone who allegedly was not injured and still received an enormous sum of money, which is not always the truth.

The reality is that trial judges will also contribute to the verdict, and in the event of an appeal, the appellate court will weigh in on whether or not to reduce that verdict. For this reason, I do not promise clients or prospective clients anything in particular in terms of monetary compensation. While I will always do my best to fight for you, there are many factors involved in a case that make it impossible to accurately assess a value.

Still Have Questions? Ready To Get Started?

If you are struggling to understand the complexities of your Personal Injury Lawsuit In New York, an initial consultation with the Law Offices of David A. Kapelman is your next best step. Receive the information and legal answers you are seeking by calling (212) 563-2010 today.