Personal Injury

Accident Attorneys Serving Brooklyn, the Bronx, Queens, and Surrounding Areas

At Kramer & Pollack, our Brooklyn personal injury lawyers handle a wide range of cases throughout New York City.. These matters include construction accidents, motor vehicle collisions, catastrophic injury cases, nursing home abuse, product liability, and wrongful death, among others. People who have been seriously injured may require extensive medical treatment, time off from work, alterations to their homes, vocational rehabilitation, household services, and other help. A successful personal injury lawsuit may allow an accident victim to recover both economic (lost wages) and noneconomic (pain and suffering) damages. If you need a construction accident attorney or assistance with another type of personal injury claim, our lawyers are ready to assist you.

Bringing a Personal Injury Claim for Compensation

Most personal injury lawsuits require a plaintiff to establish negligence. Generally, this means that a plaintiff must prove by a preponderance of the evidence that the defendant's failure to perform an act with the same degree of care that a reasonable person would have used under the same or similar circumstances caused the plaintiff's injuries.

Certain types of lawsuits also require a plaintiff to establish other elements. For example, in a premises liability claim, a plaintiff who has slipped on a broken step and suffered a brain injury will need to show that the defendant knew or should have known about the broken step that caused the slip and fall. Proving constructive notice (that the defendant should have known about the dangerous condition) is sometimes accomplished by showing how long the condition existed. The longer that it existed, the more likely it is that the defendant should have known about it and repaired it or provided warnings.

In construction accidents involving heights, meanwhile, there are New York statutes that provide special protections and a standard distinct from the common law negligence standard. This is because the injuries tend to be severe when there is a fall from a height and because construction workers rely on other parties, such as a general contractor or project manager, to provide them with a safe place to work.

A defendant may allege that the plaintiff was also responsible for the accident. . The jury will determine the plaintiff's damages and assign a percentage to each party found to be at fault. In New York, the damages that may be recovered are reduced by an amount equal to the plaintiff's degree of fault.

In most personal injury cases, a plaintiff may recover compensatory damages that are intended to put them back into the position in which they would have been had they not been hurt. Compensatory damages vary depending on the severity and type of injury. Catastrophic injuries like burns, brain trauma, or spinal cord damage are likely to result in significant damages. For example, if you have suffered burn injuries, you may be able to recover compensation for emergency medical expenses, future medical treatment, lost income, lost earning capacity, future surgical costs, pain and suffering, scarring, disfigurement, mental anguish, and loss of consortium. In New York, punitive damages also may be available in cases involving gross negligence, which is a conscious or reckless disregard for someone else's safety.

Discuss Your Case with a Personal Injury Lawyer in Brooklyn or the Bronx

After a serious accident, a plaintiff is likely to need time to go to medical appointments and recuperate. Experienced legal representation may help alleviate the financial burden on them. At Kramer & Pollack, our Brooklyn personal injury attorneys are committed to thorough preparation in each of the matters that we handle. We receive many of our cases through referrals from other attorneys and word-of-mouth recommendations from satisfied clients. Our firm also represents people who need a personal injury or wrongful death attorney in the Bronx, Queens and elsewhere in the New York City area, including Manhattan, Long Island, Nassau and Suffolk Counties. Contact us at 212-ANSWERS or via our online form to set up a free consultation.