Personal Injury Lawsuits

If you were injured due to another party’s negligence, recklessness, or deliberate action, you may have a personal injury case. You must also have evidence supporting your claim, such as police reports, photos, videos, or medical records. While the statute of limitations in New York is usually three years from the accident date, you should consult a personal injury lawyer as soon as possible.  

At Friedman, Levy, Goldfarb, Green & Bagley, P.C., our experienced team of New York personal injury attorneys initiates a thorough investigation into your accident, examining the circumstances, gathering critical evidence, and identifying all potentially liable parties. We also handle all communication and negotiations with insurance companies to protect your right to pursue compensation for medical bills, lost wages, and other damages. 

What Qualifies as a Personal Injury Lawsuit? 

A personal injury claim arises when someone suffers physical, emotional, or financial harm as a result of another party’s negligence or wrongful conduct. These claims can stem from a wide variety of incidents, from common accidents like slip and falls, and car or motorcycle crashes, to more complex cases involving defective products, medical malpractice, or unsafe premises. While the specific facts vary, the unifying element is that the injured person holds another party legally responsible for the harm they’ve suffered. 

Victims of personal injury may be entitled to compensation for a range of losses, including medical expenses, lost income, pain and suffering, emotional distress, reduced earning capacity, and loss of enjoyment of life. In some cases, punitive damages may also be available when the responsible party’s conduct is especially reckless or egregious. Top of Form 

The Four Elements Needed to Prove Negligence in a Personal Injury Case 

In a personal injury case, the burden is on the plaintiff (the injured party) and their attorney to prove the four elements of negligence. If one of these elements cannot be established with sufficient evidence, the claim may not succeed in court or during settlement negotiations. 

The four elements of negligence are: 

• Duty of care: You must first show that the defendant owed you a legal duty of care. This means they had a responsibility to act in a reasonably safe manner under the circumstances. For example, in a car accident case, drivers have a duty to follow traffic laws and operate their vehicles in a responsible manner.  

• Breach of duty: Once a duty of care is established, you must prove that the defendant breached that duty by failing to act as a reasonably prudent person would under similar circumstances. In a slip and fall case, this could involve failing to repair broken stairs or leaving debris in a walkway.   

• Causation: You must show a direct link between the defendant’s breach of duty and your injury. In legal terms, this means proving that the accident and resulting harm would not have occurred but for the defendant’s negligent or reckless actions.  

• Damages: To pursue a personal injury claim, you must have suffered actual, compensable damages. This can include medical expenses, lost wages, pain and suffering, and other measurable losses.  

Many injury victims may not realize they were owed a duty of care under the law. A personal injury attorney can assess the specific facts of your case to determine whether a legal duty existed, and whether you have grounds to pursue a negligence-based personal injury claim. 

What If I Am Partly at Fault? 

New York follows a pure comparative negligence rule. So, you may still recover compensation for your injuries even if you were partially at fault for the accident. However, your total recovery will be reduced in proportion to your share of the fault. For example, if you are awarded $200,000 but were found to be 20% at fault, you would receive $160,000. 

Because fault percentages can significantly affect the outcome of a claim, it’s important to have legal representation. Insurance companies may attempt to assign more blame to you than is justified to minimize their payout. An attorney can help ensure the fault is assessed fairly, and your rights are protected. 

Schedule a Free Consultation Today 

Not sure whether you have a valid claim? The personal injury attorneys at Friedman, Levy, Goldfarb, Green & Bagley, P.C. can help you understand your legal options. Schedule a free, no-obligation consultation today. We’ll evaluate your case based on the facts and advise whether you have grounds to move forward. There’s no fee unless we recover compensation on your behalf. 

Motorcyclists are particularly vulnerable in traffic collisions because they lack the protection that occupants of passenger vehicles have. As a result, motorcycle accidents often lead to serious or catastrophic injuries, including those that cause permanent disability, long-term impairment, and significant physical pain, emotional distress, and other non-economic losses that affect a victim’s quality of life. In general, the severity and lasting impact of an injury are key factors in determining the amount of compensation available in a motorcycle accident claim. 

Our injury lawyers in NYC at Friedman, Levy, Goldfarb, Green & Bagley have a long track record of successful verdicts and settlements. We have won millions of dollars in awards for injured clients to cover medical bills, lost wages, pain, suffering, and rehabilitative care. Schedule a free consultation today. 

How a Serious Motorcycle Accident Can Change Your Life 

A serious motorcycle accident can have lasting consequences that extend far beyond the initial injuries. Victims may experience impacts such as: 

• Long-term or permanent disability: Some injuries limit mobility or physical function, making it difficult or impossible to perform everyday activities independently. 

• Extensive medical treatment and expenses: Hospital stays, surgeries, rehabilitation, physical therapy, and ongoing medical care can create significant financial strain. 

• Need for assistive devices or home modifications: Some victims require wheelchairs, mobility aids, or changes to their home environment, such as ramps or accessible bathrooms, to accommodate new physical limitations. 

• Emotional and psychological effects: Anxiety, depression, trauma, and stress are common after a serious accident, particularly when injuries significantly alter a person’s lifestyle or independence. 

These long-term physical, financial, and emotional impacts are important factors when determining the compensation that may be available after a serious motorcycle accident. 

Types of Compensation Available After a Serious Motorcycle Accident Claim 

In New York personal injury claims, compensation is generally divided into economic damages, which compensate for measurable financial losses, and non-economic damages, which address the more subjective, personal effects of the injuries. 

Economic Damages 

Economic damages are the financial losses directly caused by the motorcycle accident. These damages are typically supported by objective evidence such as medical bills, employment records, tax returns, and other financial documentation. One of the most significant components of economic damages is lost income.  

Employment-Related Financial Losses After a Motorcycle Accident 

Lost income may also include bonuses, commissions, overtime pay, accrued vacation or personal days, and other employment benefits that would have been earned had the accident not occurred. In more severe cases, injuries may permanently affect a person’s ability to work, giving rise to a claim for loss of future earning capacity, which considers how the injuries may reduce long-term earning potential. 

The goal of economic damages in a serious motorcycle accident is to restore the injured person, as much as possible, to the financial position they would have been in if the accident had not occurred. For severe injuries, the amount of compensation may be significantly higher because the financial losses often extend far into the future. 

Non-Economic Damages 

Non-economic damages address the personal impact of a serious motorcycle accident, losses that do not have a precise financial value but significantly affect a victim’s quality of life. 

How Serious Injuries Affect Quality of Life 

Non-economic damages may include physical pain, emotional distress, and the ways serious injuries alter a person’s daily life and relationships. After a severe motorcycle accident, victims may find they can no longer participate in activities they once enjoyed, such as playing sports, traveling, or spending active time with family and friends. Injuries may also limit independence, making routine tasks more difficult and changing how a person engages with work, hobbies, and social life. 

These damages are intended to recognize the human cost of a serious accident — how injuries affect a person’s independence, well-being, and ability to live life as they did before the crash. Courts and juries may consider the nature and severity of the injuries, the length of recovery, and the long-term effects on the victim’s life when evaluating these damages. 

How New York’s No-Fault Law Applies to Motorcycle Accidents 

New York generally follows a no-fault insurance system for car accidents, meaning drivers typically seek compensation for medical expenses and lost wages through their own Personal Injury Protection (PIP) coverage, regardless of who caused the crash. However, motorcycles are excluded from New York’s no-fault law under state insurance statutes. 

Because of this exclusion, injuries resulting from motorcycle accidents are typically handled through liability claims against the at-fault driver rather than through no-fault benefits.  

This means injured motorcyclists may pursue compensation for their damages directly from the responsible party without needing to meet the “serious injury” threshold that applies to many car accident claims. 

How Insurance Limits May Affect Your Compensation 

In practice, the amount of compensation available in a motorcycle accident claim may depend in part on the insurance coverage carried by the at-fault driver and any other available sources of recovery. Attorneys often review all applicable policies and potential sources of coverage when evaluating a claim. 

Contact a New York Motorcycle Accident Attorney  

If you suffered severe injuries in a motorcycle accident due to another party’s negligence or recklessness, you need the services of an experienced New York motorcycle accident lawyer at Friedman, Levy, Goldfarb, Green & Bagley.   

Schedule a free, no-obligation consultation today. As we work on a contingency basis, you pay no fee unless you receive compensation. Most motorcycle accident claims are resolved through settlement, but if a fair settlement cannot be reached, we are prepared to file a lawsuit and pursue litigation on your behalf.

To prepare for a personal injury trial in New York, work closely with your attorney to gather all necessary evidence, including medical records, accident reports, and witness statements. Practice your testimony to clearly explain your injuries and how they have impacted your life. Be prepared for cross-examination by understanding the strengths and weaknesses of your case. Additionally, dress appropriately, arrive early, and follow your attorney’s guidance throughout the trial to ensure the best possible outcome. 

If a fair and full settlement cannot be reached, the New York City personal injury lawyers at Friedman, Levy, Goldfarb, Green & Bagley, P.C. are prepared to take your personal injury case to trial. We are one of the premier personal injury law firms in New York City. We are committed to seeking justice for our clients and will thoroughly prepare you for a personal injury trial so you know what to expect.      

Steps to Preparing for Trial 

Preparing a client for a personal injury trial involves a series of well-organized steps to ensure they are ready to present their case confidently and effectively. Here’s a sequential breakdown of the key steps involved: 

Review Case Details and Legal Strategy 

 Meet with the client to review the facts of the case, evidence collected during discovery, and the overall strategy. Ensure the client fully understands their case, including the strengths, weaknesses, and potential challenges. 

Prepare the Client for Testimony 

Conduct mock examinations where the attorney asks questions the client will likely face in court. This includes direct examination (by their attorney) and cross-examination (by opposing counsel). Focus on clear, honest, and concise answers. 

Review Discovery Materials 

Review all evidence, such as medical records, accident reports, photographs, and depositions. Ensure the client is familiar with these materials, as they may be questioned about them during the trial. 

Address Client Demeanor and Courtroom Etiquette 

Discuss the importance of maintaining a calm and respectful demeanor throughout the trial. Advise the client on appropriate attire, body language, and how to react to questions, especially under pressure. 

Prepare for Cross-Examination 

Practice handling tough questions from the opposing counsel. The attorney will simulate cross-examination to help the client remain composed and avoid being rattled by aggressive questioning. 

Coordinate Witness and Expert Testimonies 

If the client’s case involves witnesses or expert testimonies, prepare them to align their statements with the case strategy. Ensure the client understands how this testimony supports their case. 

Final Trial Run-Through 

If possible, conduct a comprehensive mock trial to simulate the courtroom experience. It helps the client get comfortable with the process, practice answering questions under pressure, and understand the flow of trial proceedings. 

Address Any Last-Minute Questions or Concerns 

Before the trial, we will meet with you to address lingering concerns, clarify doubts, and reinforce confidence. We will also provide clear instructions on what to expect on the day of the trial. These steps ensure that you are fully prepared, informed, and confident, which can significantly improve your chances of a successful outcome in your personal injury trial. 

Why Are Some Personal Injury Cases More Likely to Go to Trial? 

In New York, certain types of personal injury cases are more likely to go to trial because they involve complex issues, disputed facts, or significant amounts of money: 

For example, slip and fall cases often go to trial because liability may not be clear and heavily disputed. Property owners, insurers, and defendants frequently challenge claims to avoid paying compensation, arguing that they were not negligent or that the injured party was partly or fully responsible for the accident. 

Other cases that may go to trial include the following: 

• Medical malpractice claims often involve highly technical medical evidence, expert witness testimony, and questions of whether a healthcare provider deviated from the standard of care. Doctors, hospitals, and insurance companies frequently dispute liability and are often unwilling to settle, as admitting fault can have severe financial and reputational consequences. The stakes are high, leading these cases to trial to allow a jury to decide. 
• Construction accident cases also frequently go to trial. New York’s labor laws (particularly Labor Law Sections 200, 240, and 241) impose strict liability on property owners and contractors for specific construction site accidents. However, disputes often arise over whether these laws apply, the extent of negligence, or the injured worker’s responsibility. Given the potential for large settlements, defendants are often reluctant to settle without a fight, leading to trials. 
• Product liability cases involve injuries caused by defective or dangerous products. They can be complex, requiring extensive expert analysis to prove that the product was defective and caused the injury. Manufacturers and their insurers are often unwilling to admit fault due to the risk of setting a costly precedent, leading to cases being settled in a courtroom. 
• Cases involving catastrophic injuries (such as spinal cord injuries, traumatic brain injuries, or amputations) or wrongful death often involve substantial financial compensation for medical expenses, lost earnings, and pain and suffering. Insurance companies are typically reluctant to agree to high settlements, especially if the long-term costs are challenging to quantify.  

Ultimately, personal injury cases that involve complex legal issues, substantial damages, or disputed facts are more likely to go to trial in New York, as the parties involved may prefer to let a jury decide the outcome. 

Schedule a Free Consultation  

 If you are looking for trial lawyers who will fight for your legal rights and seek full and just compensation for your injuries, then you have come to the right law firm. Because we understand accidents don’t just happen during business hours, we have lawyers available to assist you 24/7. When you call, you will always speak with one of our experienced NYC personal injury lawyers, who will give you the personalized attention you deserve. Schedule a free, no-obligation consultation today at Friedman, Levy, Goldfarb, Green & Bagley, P.C.

Parents and other caregivers understandably become invested in the well-being of the children in their care. When one of those children is harmed by a doctor who was supposed to make them well, the regret can feel overwhelming.

The New York City medical malpractice attorneys at Friedman, Levy, Goldfarb & Green often answer questions from parents who suspect pediatric malpractice as the cause of their child’s condition. Here are some of most common concerns.

How common is pediatric malpractice?

Compared to other areas of medical practice, pediatricians are less likely to be accused of malpractice. Despite this, a study by a major national malpractice carrier found that their malpractice payments are among the largest. This is a testament to the long-term effects that a breach in medical care can have on a child.

What constitutes pediatric malpractice?

Like other types of medical malpractice, pediatric malpractice occurs when a pediatrician or other health care provider acts negligently this means the treatment did not meet the standard of care that similarly-situated doctors would have provided – and that the negligence caused harm.

There are a number of ways a medical professional can commit malpractice. In pediatrics, the most common ways are:

• Failure to diagnose a condition – meningitis tops the list of most common missed diagnoses, with appendicitis coming in second
• Medication errors, whether caused by the wrong dose, mistakes in administration, problems in ordering, or something else

How is malpractice proved?

The practice of medicine is outside the scope of knowledge of the average juror. To bring a lawsuit, a plaintiff needs to provide expert testimony. An absolute necessity is an expert witness to explain what a reasonable doctor would have done in the same situation and how the defendant’s actions fell short. Other experts may be offered as well, including medical experts to explain the long-term impact of the injury, financial experts to illustrate the costs associated with care, or other experts that may be helpful for the specifics of the case.

How to file a pediatric malpractice case in New York

There are some requirements to meet in order to file a malpractice lawsuit in New York. As mentioned, a plaintiff must have an expert witness ready to state how the doctor’s treatment was negligent. In addition, the case must be filed within the statute of limitations period.

In general, the NY statute of limitations for malpractice is 2.5 years (30 months). However, it can be extended in certain cases including when the victim is a minor. Guessing when the statute of limitations runs can be disastrous so it is important to speak with an experienced NYC malpractice attorney.

If you suspect your child has been harmed by a doctor’s negligence, it is important to speak with a pediatric malpractice attorney who can help investigate the claim to determine whether it is viable. He or she will also formulate a legal strategy and oversee the litigation process.

The attorneys at Friedman, Levy, Goldfarb & Green know the process of malpractice claims inside and out and we handle them with seriousness and compassion. If your child has been injured by a medical professional, call one of our attorneys today. From our Manhattan office, we can take care of your legal needs, whether you are in the Bronx, Brooklyn, or elsewhere in NYC or Long Island.

Additional NY pediatric malpractice resources:

1. NCBI, Pediatrics: Malpractice Risk Among US Pediatricians, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3666113/
2. New York State Senate, Civil Practice Laws & Rules, Section 214-Ahttps://www.nysenate.gov/legislation/laws/CVP/214-A, https://www.nysenate.gov/legislation/laws/CVP/214-A

In the wake of a loved one’s death, grieving family members are left to pick up the pieces. If the death stems from the negligence of another party, they may be wondering whether they should file a wrongful death lawsuit.

What Is Wrongful Death?

“Wrongful death” is a specific type of case in which the death or injury eventually leading to the death is caused by negligent actions of another. In other words, the death should not have happened, but was caused by an accident, disregard of laws and regulations, or error.

Have You Been Injured? Click to call for a FREE consultation!

Multiple types of accidents can be wrongful death. A car accident in which the other driver or faulty manufacturing is at fault may be a candidate for wrongful death. A medical error can result in wrongful death. The failure of a construction company to provide adequate safety equipment for their crew, if a crew member is injured in a way that leads to death, can be wrongful death. These are just some representative examples, though; the best way to determine if a case constitutes wrongful death is to consult an attorney specializing in wrongful death cases.

Factors in Determining a Wrongful Death Lawsuit Claim

It’s natural for people left behind by a loved one’s death to wonder what a wrongful death suit may be worth. Many families struggle financially in the wake of a loved one’s death, especially if the deceased has been the primary provider for the family. These struggles are an additional burden those dealing with a great emotional loss must face.

Because of the multiple causes and circumstances in wrongful death cases, the amount courts award in wrongful death cases varies substantially. It can be helpful to know, however, what damages can be compensated under New York wrongful death law.

Wrongful Death Compensation Amounts in NY

In New York, surviving members of a family can be compensated for the loss of financial support the deceased contributed. Typically, a court will factor in the deceased’s earnings, age, life expectancy, and education, among other elements, in determining the award.

However, potential wrongful death damages are far from limited to this. Child may be able to receive damages due to the loss of a parent’s guidance, instruction, and nurture. Medical expenses related to the injury that caused the wrongful death may be compensated. Funeral costs may be, as well.

There are also emotional considerations in any wrongful death suit. If the loved one experienced pain and suffering, or was aware of their impending death, those experiences could be grounds for damages. So can any loss of enjoyment of life the loved one suffered prior to death.

Some states allow suits to recover damages for pain and suffering experienced by survivors. New York state law, however, does not allow this.

Finally, New York has a contributory negligence law. “Contributory negligence” means that the deceased may have contributed in some way to the accident or condition that caused death. Awards may be reduced by the percentage the court decides contributory negligence was a factor.

Talk with an experienced personal injury attorney for a free consultation!

Experienced Wrongful Death Attorneys in New York

If your loved one died as a result of another party’s negligence, the best course of action to consult an experienced wrongful death lawyer in NYC at Friedman, Levy, Goldfarb & Green. Initial consultations are always free.  Please call us today to discuss your case.

Additional Resources:

1. Insurance Journal, Family of Slain University of Virginia Student Refiles $30M Wrongful Death Lawsuit, https://www.insurancejournal.com/news/east/2018/12/05/511073.htm
2. Annuity.org, Wrongful Death Claims and Settlements, https://www.annuity.org/structured-settlements/wrongful-death-claims/

When you are injured in an accident due to the negligent, reckless or willful conduct of another, you may be entitled to receive a settlement. Often times, these settlements are paid out by insurance companies. Unfortunately, if you are a Medicare beneficiary, you may have to forfeit some or all of the settlement you receive.

Medicare is federally provided health insurance. Those that are 65 years or older and some younger people with qualifying conditions have the option to be covered by this type of insurance. If you are injured in an accident, Medicare may cover some of the costs of your medical treatment. But, pursuant to the Medicare Secondary Payer laws, Medicare does not have to pay for medical expenses if an enrollee is receiving a settlement or other award from an insurance company as a result of their injuries. Medicare can ask to be reimbursed for the money it paid out for medical expenses.

Generally, if you are a Medicaid enrollee, are injured in an accident and make a claim against a defendant that has liability insurance, you must report the case to Medicare. Once a case is reported to Medicare and they determine that they may be able to recover any of the money they laid out for medical bills, they will send you a Rights and Responsibilities letter outlining the process. You will then usually receive a Conditional Payment Letter within approximately two months. This letter will detail all of the claims they paid and expect to be reimbursed for once you receive a settlement. It is important to note that the amount listed on the letter is usually not the final amount. These letters are updated and reissued every 90 days and all of the claims on the letter may not be related to the accident. Therefore, you must review the claims to determine which need to be deleted. Once you do this, you can contact Medicare using the instructions included in the letter to have the amount updated. Once you receive a settlement, you must, again, let Medicare know. They will then issue a Demand Letter with a final amount due and the date by which payment must be submitted.

If you were injured while receiving Medicare benefits and have filed a lawsuit, you might find yourself faced with a Conditional Payment Letter. Be sure to show this letter to your attorney as soon as possible.

Each year, over 70 million tickets to Major League Baseball games are sold in cities across the country. Fans flock to these games for the live action – the opportunity to see their favorite players in the flesh, enjoy a few hot dogs and belt out the fan favorite “Take Me Out to the Ballgame” with thousands of other die-hards during the seventh inning stretch. Unfortunately, each year some of this “live action” causes injuries to spectators when a foul ball or flying bat (and occasionally, a player trying to get that heroic out) finds its way into the crowded stands. If you’ve witnessed one of these incidents or have been a victim of one, you’ve likely wondered what happens next? Will the team pay for medical care? Does the injured party have a right to sue?

Under “the baseball rule” owners must demonstrate a high degree of care for visitors to their stadiums, taking measures to protect spectators in high-risk areas (such as behind home plate) and areas where spectators can expect to be protected. Under the rule, spectators in the unprotected areas of the stadium should assume the inherent risks of the game that include balls travelling at very high speeds and pieces of equipment that might be propelled into the seating areas.

On the back of nearly every ticket for a professional sporting event, you will find a warning of these inherent risks, and a statement that explains that the team and stadium is not responsible for any injuries resulting from the game. This ticket is seen as a form of an adhesion contract which is a standardized agreement that a party is bound to once they purchase the ticket (even if the ticketholder was unaware of the terms and failed to read them prior to attendance).

In deciding civil suits pertaining to injuries at baseball games and other professional sporting events, the courts have often looked to the baseball rule in making their judgments. It is, however, important to note that not all states adhere to the rule that limits the liability of owners assuming the standard of care to visitors is met.

In one recent case Rountree v. Boise Baseball, LLC, et al., the Idaho Supreme Court balked at the century old baseball rule and ruled that a gentleman who had lost his eye when he was hit with a foul ball at a game of a minor league affiliate of the Chicago Cubs could seek damages from the baseball organization.

If you’ve been injured at a major sporting event, you may be entitled to seek compensation for your pain and suffering. It’s important that you contact an experienced personal injury attorney who can help you understand the laws in your state, all applicable court rulings and work with you to determine the best strategy for recovery.

If you have been injured in an accident, and another party is to blame, you may be able to obtain monetary damages from that person or business to compensate you for medical expenses, loss of income and pain and suffering as a result of the accident.

There are a variety of types of damages allowed in personal injury cases. Those damages can be divided into several categories. First, there are compensatory damages and punitive damages. There are also two types of compensatory damages: economic and non-economic.

Compensatory damages are damages that are intended to compensate a person for a loss or problem relating to a personal injury, including monetary losses, pain and suffering and physical impairment. Punitive damages are intended to punish the negligent party for its wrongdoing, and aren’t specifically related to a loss the plaintiff suffered.

For example, if a company decided to dump toxic waste into a creek instead of disposing of it safely, and as a result a woman living next to the creek developed cancer, her compensatory damages may include amounts for her medical expenses, her lost wages, and her pain and suffering. In addition to these damages, the jury may also decide to award punitive damages, which are strictly intended to punish the company for its wrongdoing. Punitive damages are somewhat rare – in most cases, plaintiffs only receive compensatory damages.

Compensatory damages can be further divided into economic damages and non-economic damages. Economic damages are those damages that result in an identifiable economic loss. For example, economic damages include medical expenses, lost wages, the cost of hiring a helper or nurse, and the cost of special transportation or medical equipment that’s needed as a result of the accident.

Non-economic damages are damages for harm relating to the injury sustained that are difficult to quantify using a specific dollar amount. Instead, non-economic damages are awarded to a person who has suffered a diminished quality of life as a result of the accident. Some examples of non-economic damages include emotional distress, pain and suffering, embarrassment or humiliation, loss of enjoyment of life, loss of consortium (sexual relations) and scarring or disfigurement. Although non-economic losses can be difficult to quantify, they are an important component of a personal injury case.