The Platta Law Firm

• The nature of the accident
• The severity of your injuries
• Your ability to work and make a living
• Mental health and trauma associated with your accident
• Negligence of the other party

You can normally recover compensation for both economic damages (financial losses) and non-economic damages (pain and suffering). Our NYC personal injury law firm can help you seek maximum compensation for all your damages, including:

• Hospital bills
• Losses related to pre-existing conditions
• Disability
• Disfigurement
• Lost wages, income, and benefits
• Chronic physical pain
• Emotional distress
• PTSD
• Loss of enjoyment of life
• Embarrassment

Punitive damages are also at play for New York personal injury lawsuits. However, there must be robust evidence of willful or wanton negligence, a high degree of moral turpitude, or purposefully dangerous behavior.

Pain and suffering legally translates into the emotional trauma and physical discomfort that you experience after an accident. These types of after-effects don’t set the compensation amount but can greatly influence the process. Needless to say, calculating pain and suffering is not easy.

The “multiplier” method is used most often. Economic damages are first established – things like hospital costs, lost income, and personal expenses. Those damages are multiplied by a number – usually between 1 and 5. The more serious the injury, the higher the multiplier. The total would provide your non-economic award.

A catastrophic injury is an injury that has long-term consequences, usually over a lifetime. The term is most referenced with catastrophic brain injuries, spinal cord injuries, severe burns, and loss of limbs.

Nevertheless, an injury that causes any disability can be a catastrophic injury. Back injuries, fractures, and vision or hearing loss have the potential to also be traumatic.

Insurance companies know very well that your injuries could carry deep costs. So, they may be quick to offer a settlement and push you to accept it. Yielding could mean losing the chance to fully recover the amount of money you need to cover your costs and losses.

Speak with a qualified lawyer about your injury before accepting any deals. We’ll help you understand the true extent and scope of your injury to guarantee that you’re fully compensated.

• Deal with insurance adjusters, your employer, medical facilities, and associated parties
• Make sure all legal claims are filed in par with the statute of limitations
• Notify others of your intent to file a lawsuit or seek damages
• Begin the investigation process
• Hire relevant experts
• Negotiate the best possible settlement deal if possible

• Report it – to the police, property owner, employer, hospital, or the appropriate party.
• Don’t say “sorry” – anything you say can be used against you.
• Do not admit guilt – you won’t know the true cause of your accident until it’s properly investigated.
• Document the scene of the accident and any potential injuries.
• Seek medical attention – call an ambulance and notify them of all pain.
• Call a lawyer – the sooner you get legal assistance, the better your chances for financial recovery.

Most NYC personal injury cases are subject to a three-year statute of limitations. However, there are some exceptions to the law, depending on the type of claim.

• Workers’ compensation: two years from the date of accident or receival of payment (whichever falls later).
• Wrongful death: two years from the date of death.
• Medical malpractice: two years and a half from the discovery date of injury.
• Government tort actions: notice must be given no more than 90 days of injury.

If you miss the deadline, your options become very limited. Once the statute of limitations expires, so does your ability to file a lawsuit and ask for compensation. However, there can be extensions given, as recently seen with New York’s Covid-19 Executive Order. Reach out to a New York personal injury lawyer as soon as you can to ensure all applicable deadlines are met – it’s the surest way!

Possibly, but most likely not. About 90% percent of all civil lawsuits settle outside of trial. Ultimately, it depends on the nature of the case and circumstances. However, pushing forward to trial can be a great strategic move, especially if you hire an experienced litigator.

There are no upfront fees and absolutely no cost if we do not win your case. Personal injury lawyers work on a contingency fee basis. You pay nothing unless your case ensures some kind of compensation – meaning that you get a secured settlement or win a verdict at trial. The contingency fee in New York is 1/3 (or 33.33%) of what you win. Every attorney’s fee must be signed upfront, as is standard practice.

At The Platta Law Firm, we’re honest and transparent about our fees, if any apply.