New York Personal Injury Lawyer

At Sykes & Associates, we understand that dealing with a personal injury can be one of the most challenging experiences of your life. From physical pain and emotional distress to financial burdens and legal complexities, the impact can be overwhelming. That’s why our dedicated team of experienced personal injury attorneys is here to help you navigate this difficult journey and fight for the justice and compensation you deserve.

Why Choose Us?

1. Compassionate Legal Support: We pride ourselves on offering compassionate and personalized legal support. We treat every client like family, taking the time to understand your unique situation and crafting a strategy tailored to your needs.
2. Proven Track Record: With decades of combined experience, our attorneys have successfully handled thousands of personal injury cases. Our impressive track record of securing substantial settlements and verdicts speaks to our commitment and expertise.
3. No Fees Unless We Win: We operate on a contingency fee basis, meaning you don’t pay any legal fees unless we win your case. This ensures that you can pursue your claim without any financial risk.
4. Comprehensive Legal Services: From initial consultation to final settlement, we handle every aspect of your case. Our services include investigation, negotiation, litigation, and more, ensuring that you have comprehensive legal representation every step of the way.

Our Practice Areas

1. Car Accidents
2. Bicycle Accidents
3. Motor Vehicle Accidents
4. Ride Share Accidents
5. Construction Accidents
6. Medical Malpractice
7. Pedestrian Accidents
8. Slip and Fall Accidents
9. Wrongful Death
10. Workplace Injuries

How We Work

1. Free Consultation: We offer a free, no-obligation consultation to discuss your case and determine the best course of action. Our goal is to provide you with a clear understanding of your legal options.
2. Thorough Investigation: Our team conducts a meticulous investigation to gather evidence, consult with experts, and build a strong case on your behalf.
3. Aggressive Negotiation: We negotiate rigorously with insurance companies and opposing parties to secure the maximum settlement possible.
4. Litigation if Necessary: If a fair settlement cannot be reached, we are fully prepared to take your case to court. Our attorneys are experienced litigators with a proven record of success.

What is New York’s Serious Injury Threshold?

In New York, the serious injury threshold is a critical concept in personal injury law, especially in the context of car accidents. It determines whether an injured party can pursue a lawsuit for non-economic damages, such as pain and suffering, under New York’s no-fault insurance system. According to New York Insurance Law § 5102(d), a “serious injury” includes any of the following conditions:

1. Death
2. Dismemberment
3. Significant Disfigurement
4. Fracture
5. Loss of a Fetus
6. Permanent Loss of Use of a Body Organ, Member, Function, or System
7. Permanent Consequential Limitation of Use of a Body Organ or Member
8. Significant Limitation of Use of a Body Function or System
9. Medically Determined Injury or Impairment of a Non-Permanent Nature that prevents the injured person from performing substantially all of the material acts that constitute their usual and customary daily activities for not less than 90 days during the 180 days immediately following the injury or impairment.

To pursue a lawsuit for non-economic damages, the injury must meet one of these criteria. This threshold is designed to limit the number of lawsuits for minor injuries and to ensure that only cases involving significant harm are brought to court.

What to do if you are involved in a car accident

If you are involved in a car accident, it’s essential to remain calm and take specific steps to ensure your safety, comply with legal requirements, and protect your rights. Here’s a comprehensive guide on what to do if you are involved in a car accident:

1. Ensure Safety
   • Check for Injuries: Assess yourself and passengers for injuries. If anyone is seriously injured, call 911 immediately.
   • Move to Safety: If possible and safe to do so, move your vehicle to the side of the road or a safe location to avoid obstructing traffic and prevent further accidents.
2. Call for Help
   • Contact Authorities: Call 911 to report the accident. Even if there are no serious injuries, it’s often necessary to have a police report for insurance purposes.
   • Request Medical Assistance: If there are any injuries, request an ambulance.
3. Document the Scene
   • Exchange Information: Exchange names, contact information, driver’s license numbers, license plate numbers, and insurance details with the other driver(s) involved.
   • Gather Witnesses: Collect contact information from any witnesses.
   • Take Photos: Photograph the accident scene, including vehicle damage, road conditions, traffic signs, and any visible injuries.
4. Avoid Admitting Fault
   • Be Cautious with Statements: Avoid making statements that could be interpreted as admitting fault, such as saying “I’m sorry.” Stick to the facts when speaking with the police and other parties.
5. File a Police Report
   • Police Documentation: Ensure that a police report is filed, and obtain the report number and the responding officers’ names and badge numbers.
6. Notify Your Insurance Company
   • Report the Accident: Contact your insurance company as soon as possible to report the accident. Provide them with accurate and detailed information about the incident.
7. Seek Medical Attention
   • Get Checked Out: Even if you feel fine, it’s prudent to see a doctor. Some injuries, like whiplash or internal injuries, may not be immediately apparent.
   • Document Injuries: Keep detailed records of all medical visits, treatments, and expenses related to the accident.
8. Keep Detailed Records
   • Accident Documentation: Maintain a file with all documents related to the accident, including the police report, medical records, repair estimates, and correspondence with insurance companies.
   • Journal: Consider keeping a journal of your injuries and how they affect your daily life.
9. Consult a Personal Injury Attorney
   • Legal Advice: If you’ve suffered significant injuries or face disputes with insurance companies, consult a personal injury attorney to understand your rights and options.
   • No-Fault States: In no-fault states like New York, understand the specific laws and thresholds for filing a personal injury lawsuit.
10. Follow Up on Claims
    • Insurance Claims: Work with your insurance adjuster to process claims for vehicle damage and medical expenses.
    • Repair Your Vehicle: Obtain repair estimates and arrange for vehicle repairs.

Summary

Taking these steps after a car accident helps ensure your safety, fulfills legal obligations, and protects your rights in the aftermath of the accident. Prompt and thorough action can make a significant difference in managing the consequences of the accident and securing any compensation you may be entitled to.

How Does a Personal Injury Lawsuit Work?

A personal injury lawsuit involves several key stages, each crucial for building a strong case and achieving a favorable outcome. Here’s a detailed overview of how a personal injury lawsuit typically works:

1. Initial Consultation and Case Evaluation
   • Consultation: The process begins with an initial consultation with a personal injury attorney. During this meeting, the attorney will evaluate the merits of your case, including the details of the incident, the extent of your injuries, and potential legal strategies.
   • Case Evaluation: The attorney will assess the strength of the evidence, potential defendants, and applicable laws to determine whether you have a viable claim.
2. Investigation and Evidence Gathering
   • Investigation: Your attorney will conduct a thorough investigation, which may involve visiting the accident scene, interviewing witnesses, and collecting police reports, medical records, and other pertinent documents.
   • Evidence Collection: Key evidence such as photographs, surveillance footage, expert witness testimonies, and physical evidence will be gathered to support your case.
3. Filing the Complaint
   • Complaint: If the attorney determines that you have a strong case, they will draft and file a formal complaint (or petition) with the appropriate court. This document outlines your legal claims, the facts of the case, and the damages you are seeking.
   • Defendant’s Response: The defendant (the party you are suing) will be served with the complaint and will have a specified period to respond, typically by filing an answer that addresses the allegations.
4. Discovery Process
   • Discovery: Both parties engage in discovery, a process where they exchange information and evidence relevant to the case. Discovery methods include:
   • Interrogatories: Written questions that must be answered under oath.
   • Depositions: Sworn, out-of-court testimony recorded by a court reporter.
   • Requests for Production: Requests for documents, records, and other tangible evidence.
   • Requests for Admissions: Requests to admit or deny certain facts about the case.
5. Pre-Trial Motions and Settlement Negotiations
   • Pre-Trial Motions: Either party may file pre-trial motions to resolve certain issues before trial. Common motions include motions to dismiss, motions for summary judgment, and motions to exclude evidence.
   • Settlement Negotiations: Often, parties will engage in settlement negotiations to resolve the case without going to trial. This can involve direct negotiations between the parties or alternative dispute resolution methods such as mediation or arbitration.
6. Trial
   • Trial Preparation: If the case does not settle, both parties will prepare for trial by organizing evidence, preparing witnesses, and developing trial strategies.
   • Trial: The trial can be before a judge (bench trial) or a jury (jury trial). During the trial:
   • Opening Statements: Both sides present an overview of their case.
   • Presentation of Evidence: Plaintiff and defendant present evidence and call witnesses to testify.
   • Cross-Examination: Each side has the opportunity to question the other side’s witnesses.
   • Closing Arguments: Both sides summarize their case and make final appeals to the judge or jury.
   • Verdict: The judge or jury deliberates and renders a verdict, determining liability and, if applicable, the amount of damages to be awarded.
7. Post-Trial Motions and Appeals
   • Post-Trial Motions: After the verdict, either party may file post-trial motions to challenge the verdict or seek a new trial.
   • Appeals: If a party believes there were legal errors that affected the trial’s outcome, they may file an appeal to a higher court. The appeals court will review the case for legal errors and may uphold, reverse, or remand the case back to the lower court.
8. Collection of Judgment
   • Collection: If you win the case and are awarded damages, your attorney will assist you in collecting the judgment. This may involve garnishing wages, seizing assets, or negotiating payment plans with the defendant.

Conclusion

A personal injury lawsuit can be a complex and lengthy process, requiring detailed legal knowledge and strategic planning. Working with an experienced personal injury attorney is crucial to navigate this process effectively, maximize your chances of success, and ensure you receive the compensation you deserve.

Don’t face your personal injury alone. Contact Sykes & Associates today for your free consultation. Let us help you get the justice and compensation you deserve.

Call Us: (845) 659-7258 

Email Us: vince@sykeslawfirm.com 

Visit Us: 95 N. Main St., Spring Valley, NY 10977