What Should You Know Before Hiring Morgan & Morgan in Brooklyn?
Key Takeaways
- New York personal injury claims can involve different rules for insurance coverage, shared fault, filing requirements, and available compensation.
- Car accident claims may be affected by New York’s no-fault insurance system and the serious injury standard for pursuing certain damages outside no-fault coverage.
- Personal injury cases can arise from motor vehicle accidents, unsafe property conditions, workplace injuries, medical negligence, defective products, and other forms of negligence.
- If you were injured in Brooklyn and are unsure whether you need an attorney, Morgan & Morgan can review what happened and explain your legal options.
Injured?
Understanding Your Claim Before Choosing Legal Representation
If you were injured in Brooklyn because of someone else’s negligence, you may be wondering whether you need an attorney and what to consider before choosing legal representation.
Personal injury claims in New York can involve questions about fault, insurance coverage, damages, legal deadlines, and other requirements that depend on the type of case and the circumstances of the accident.
Morgan & Morgan can review what happened, discuss your injuries and losses, and help you understand whether legal representation may make sense for your situation.
The Initial Case Evaluation
Your initial case evaluation with Morgan & Morgan is free. During the consultation, we can review what happened, discuss your injuries and losses, and look at any documents or information you already have related to the accident. Helpful materials may include:
- Medical records and bills
- Photographs or videos from the accident scene
- Witness contact information or statements
- The police or accident report
- Insurance documents or correspondence
- Other records related to your injuries or losses
You do not need to have every document before contacting us. If additional information may be helpful, our team can explain what to gather or how certain records may be obtained.
Not every personal injury matter requires an attorney. After reviewing the circumstances, we can discuss whether legal representation may make sense and what the next steps could involve.
New York’s No-Fault Insurance and Car Accident Claims
New York uses a no-fault insurance system for motor vehicle accidents. Personal Injury Protection (PIP), also known as no-fault coverage, may provide benefits for certain accident-related medical expenses, lost income, and other covered economic losses regardless of who caused the crash.
No-fault benefits do not generally compensate an injured person for pain and suffering or other non-economic losses. In certain cases, an injured person may be able to pursue additional compensation from an at-fault party if the injuries meet New York’s legal requirements.
Whether an injury meets New York’s serious injury standard depends on the nature and extent of the harm and the available medical evidence. Fractures, significant disfigurement, certain permanent limitations or losses of use, and other qualifying injuries may potentially satisfy the standard.
Shared fault can also affect a motor vehicle accident claim. Under current New York law, an injured person’s share of responsibility may reduce the compensation available or, depending on the circumstances, prevent recovery from another party.
An attorney can review the accident, your injuries, and the available insurance coverage to help determine what claims and compensation may be available.
Additional Brooklyn Personal Injury Practice Areas
In addition to car accident claims, Morgan & Morgan handles a range of personal injury and related matters in Brooklyn.
Truck, Motorcycle, and Pedestrian Accidents
Commercial trucks, motorcycles, pedestrians, and other road users can be involved in serious collisions throughout Brooklyn.
Depending on the accident, a claim may involve drivers, trucking companies, vehicle owners, employers, or other potentially responsible parties. Questions about fault, insurance coverage, and the extent of the injuries can all affect how a claim proceeds.
Rideshare and Taxi Accidents
Accidents involving Uber, Lyft, taxis, and other for-hire vehicles can raise additional questions about insurance coverage and responsibility.
The coverage that may apply can depend on the type of vehicle involved, the driver’s status at the time of the crash, and the circumstances surrounding the accident.
Construction and Workplace Injuries
Construction sites and other workplaces can expose employees to hazards such as falls, dangerous equipment, vehicle accidents, and unsafe working conditions.
Depending on the circumstances, an injured worker may have access to workers’ compensation benefits. A separate claim against a third party may also be possible when someone other than the employer contributed to the injury.
Premises Liability Claims
Property owners, businesses, and others responsible for maintaining property may have legal duties related to reasonably safe conditions and foreseeable hazards.
Premises liability cases can involve slip and fall accidents, inadequate security, unsafe stairways or walkways, poor maintenance, and other dangerous property conditions.
Whether someone may be liable will depend on factors such as how the injury occurred, the nature of the hazard, and what the responsible party knew or should have known about it.
Medical Malpractice
Medical malpractice may occur when a healthcare provider fails to meet the applicable standard of care and a patient is harmed as a result.
Claims can involve surgical errors, misdiagnosis or delayed diagnosis, medication errors, failures to properly monitor a patient, lack of informed consent, and other problems with medical care.
Determining whether malpractice occurred can require a detailed review of medical records and, when appropriate, input from qualified medical experts.
Wrongful Death Claims
When negligence or misconduct results in the death of a loved one, surviving family members may have legal options for seeking compensation and accountability.
Wrongful death claims can arise from motor vehicle accidents, unsafe property conditions, workplace incidents, medical negligence, defective products, and other circumstances. The rights and damages available will depend on the facts of the case and applicable New York law.
Product Liability and Defective Product Claims
Dangerous or defective products can cause injuries because of problems with their design, manufacturing, warnings, or instructions.
Depending on the circumstances, manufacturers, distributors, retailers, or other parties involved in bringing the product to market may potentially be responsible.
Some defective products affect many people and become part of broader litigation, while other claims are pursued individually. The appropriate type of case depends on the product, the alleged defect, and how the injury occurred.
Filing Deadlines Can Depend on the Type of Claim
Personal injury claims in New York are subject to legal deadlines, but the time available to take action can vary depending on the type of case and the parties involved.
Medical malpractice claims, for example, are governed by different rules than many other personal injury cases. Claims involving New York City, a public authority, or another government entity may also require additional steps, such as providing formal notice before a lawsuit can proceed.
Because these deadlines and notice requirements can vary, an attorney can review the circumstances of your case and help determine which rules may apply.
What to Expect If Morgan & Morgan Takes Your Case
If Morgan & Morgan accepts your case and you decide to hire us, the terms of the representation will be explained in a written contingency fee agreement. You do not pay upfront attorney’s fees. If we recover compensation for you through a settlement or verdict, the attorney’s fee is calculated as a percentage of that recovery. If we do not recover compensation for you, you do not pay an attorney’s fee.
Your legal team can communicate with the insurance companies involved, gather evidence, evaluate your damages, and review settlement offers as your case develops.
The appropriate time to evaluate a settlement can depend on factors such as your medical treatment, recovery, and the extent of your losses. In some cases, a healthcare provider may determine that you have reached maximum medical improvement (MMI), meaning your condition is not expected to improve significantly with additional treatment. However, every claim develops differently, and reaching MMI is not necessarily required before settlement discussions can occur.
If an insurance company makes an offer, your attorney can explain its terms and discuss how it compares with the losses associated with your claim. The decision to accept or reject a settlement remains yours.
If you were injured in Brooklyn and have questions about your legal options, contact Morgan & Morgan today for a free case evaluation.
