New York Personal Injury Lawyer

New York Personal Injury Lawyers Near Your Area

Few things can be as jarring to your life as being involved in medical malpractice or a serious accident. Apart from the lasting effects on your health, the financial and even psychological effects can cause severe disruption to your professional and personal life. How will you pay your medical expenses? How will you work and cover your other bills?

While we have no control over what accidents we may encounter in our daily lives around the New York area, what we can control are the actions and decisions we make after a serious accident. One of the most important decisions is to speak to a New York personal injury lawyer who is experienced in representing victims of serious injuries.

At Varcadipane & Pinnisi, P.C. we have a track record of success in helping medical malpractice and injury victims obtain the justice they deserve after medical malpractice or serious accident. Our New York personal injury lawyers can help you get compensation for your pain and suffering, medical expenses lost wages, and more. Contact us today for a complimentary consultation.

Uniquely Equipped To Serve You

What makes our New York PI Lawyers qualified to help you with your injury case? A few things set us apart from other law firms:

We have recovered millions for Bronx and Queens Injury Victims
One of our New York personal injury lawyers, Jeff Varcadipane, is board-certified as a trial attorney
We provide boutique, personalized legal services that larger firms cannot

Find out more below about New York personal injury laws, then contact our injury lawyers if you have questions.

What Is Required to File an Injury Lawsuit in New York?

If another party or entity injured you by medical malpractice or a car accident in New York, filing an injury lawsuit may be necessary. To file a lawsuit, you must have standing to sue, as established in Lujan v. Defenders of Wildlife. That case established that as the plaintiff, you must show the following to sue:

You Were Injured

You must have sustained an injury to file a PI lawsuit, also known as an ‘injury in fact.’ An injury means you have a proven injury that you sustained before you took legal action. The injury must be provable.

Let’s say a driver was texting and driving and rear-ended you at a stop sign. The car accident was high impact, and you suffered a broken hip and concussion. Your New York personal injury lawyers would rely on your medical records and doctor’s evaluation to prove your injuries. These records may include the medical report for the accident, hip x-rays, and a CT scan of your head.

The Accident Caused the Injury

It isn’t necessary to prove all aspects of negligence to have the standing to sue in New York. However, you must show the judge a connection between your injuries and the defendant’s alleged negligence.

Using the above example, you must establish that the rear-end accident is connected to your concussion and a broken hip. Your attorney will probably use your medical records, the police report, and eyewitness testimony to establish the link between your injuries and the car accident.

Proving causation is a critical part of filing an injury lawsuit, which is why it’s crucial to get prompt medical attention after the accident. If you delay medical treatment, it becomes harder to argue that the accident is connected to your injuries. Insurance companies frequently argue that the accident victim waited too long to seek medical treatment, which could jeopardize the case.

The Court Can Offer a Remedy for Your Claim

This is also referred to as ‘redressability,’ which means the court can provide something to remedy your injury claim. Using the above example, the jury may provide compensation for:

Lost wages and benefits because of your injury
Cost of medical bills and ongoing care
Personal care expenses
Mental health treatments for PTSD, anxiety, and depression
Loss of earnings potential because of a permanent injury
Pain and suffering
Emotional and mental anguish because of injuries and physical limitations
Scarring and disfigurement
Loss of enjoyment of life

Contact a New York Personal Injury Lawyer Today

If you or your loved one has been in a serious accident in the New York area, our New York personal injury attorneys can help you receive compensation for your injuries. Please contact us to speak with one of our New York injury attorneys.

Schedule a Personal Injury Consultation Near You Today

If you or your loved one has been in a serious accident around the New York area, call us or fill out our contact form today to schedule a free consultation with one of our qualified New York personal injury law firms near your area.

Our New York injury Lawyers, Jeff Varcadipane & Dawn Pinnisi are committed to providing the highest legal level of legal service to their New York clients across the following practice areas: personal injury (medical malpractice, car accidents, wrongful death, and construction site accidents), real estate law, commercial litigation and civil litigation. If you need an attorney in any of these matters, contact Varcadipane & Pinnisi, P.C. today for a consultation.

Statute of Limitations for Filing a New York Personal Injury Lawsuit

Every state limits how long you have to file a personal injury lawsuit. This is called the statute of limitations. Typically, there is a 3-year statute of limitations for personal injury matters but the statute can be much shorter under certain circumstances. For instance, in medical malpractice matters, the statute of limitations is generally two and a half years from the date of the treatment at issue. If your claim is against New York City or some other municipality, the statute of limitations can be as short as 90 days to file a Notice of Claim. This is why calling Varcadipane & Pinnisi is so important because the attorneys can determine which statute of limitations applies to your potential claim.

This law is critical because if you don’t file a lawsuit within this timeframe, the court will probably refuse to hear the case and the possibility of obtaining compensation may be lost.

Are You Inside of the Time Frame to File a Lawsuit in NY?

The statute of limitations for your personal injury case is 3 years for most lawsuits. Exceeding it can severely limit or completely invalidate your legal options for seeking compensation. Act swiftly to ensure your rights are preserved and explore your legal recourse before time runs out, otherwise, the likelihood of pursuing your case successfully may diminish considerably. However, if your claim is against a public entity, your timeframe can be significantly shorter.

Shared Fault Laws in New York

If you intend to sue someone for your personal injuries after an accident, it’s essential to understand the shared fault rules in New York. This is because this state follows a pure comparative negligence rule. This means the compensation you get for your personal injury case depends on your percentage of fault.

Let’s say you are in a pedestrian accident where the driver hit you in a crosswalk and suffered $10,000 in leg injuries. However, you were in the crosswalk when the car had the right of way. The jury determines you were 20% at fault for the accident, so your damages are reduced to $8,000 in the personal injury case. Car accidents claim can be complex and challenging.

If the personal injury case is settled out of court, the insurance adjuster could argue you are more to blame for the accident. Again, it will be up to the skill and experience of your best personal injury lawyers to get you as much compensation as possible.

New York No-Fault Auto Insurance Rules

If you’re hurt in a New York City car accident, you may have fewer options for compensation in this state. This is because New York has a no-fault insurance rule. This means if you are injured in an auto accident, you need to use your auto insurance policy first to pay your medical bills and lost earnings, no matter who caused the accident.

In most cases, you only can go outside the no-fault rule and file a lawsuit if you are ‘seriously injured’, according to New York state law. This means you have suffered one or more of the following from the accident:

Major disfigurement
Fractures
Permanent limits to the use of an organ or limb
Major limitation of use of a body system or function
Full disability for 90 days or more

If your injuries are severe, you may be able to file a personal injury lawsuit against the negligent driver. You can also pursue damages for pain and suffering, medical bills, and lost wages.

Your york personal injury lawyers will need to show the jury that you have suffered significant pain and suffering, so you get the most compensation. Of course, pain and suffering are subjective, but the attorney can point to other cases, verdicts, and settlements for those with similar injuries. This can give the jury a frame of reference for the level of compensation you deserve.

The State of New York also allows the jury to assess punitive damages if the defendant engaged in grossly negligent behavior that led to your injuries. For example, if the driver was highly drunk and left you with catastrophic injuries, you could be eligible for punitive damages.

“There is nothing our firm takes more seriously than fiercely advocating for our clients in a manner that makes them feel confident and informed at all times. We are not striving to be the biggest law firm for our practice areas but we do aim to be the best.”

Jeffrey W. Varcadipane

Managing Partner

How a New York Personal Injury Lawyer in Your Area Can Help You

Hiring a qualified personal injury attorney after you’ve been in a serious accident helps you get the best possible outcome

New York, is a thriving metropolis where people are always on the go and there’s traffic around the clock. So much traffic that on average, over 106,000 people visit the emergency room every year as a result of a motor vehicle accident.

In the majority of those accidents, the party who is financially responsible is an insurance company. These insurance companies employ numerous attorneys with one end goal in mind; to help protect their profits by paying plaintiffs as little as possible for their injuries or damage claims.

Hiring an experienced personal injury law firm like Varcadipane & Pinnisi, P.C. levels the playing field and ensures that someone highly qualified and familiar with the relevant laws is looking out for your interests.

Let Us Fight For You

Need Help? Contact us 24/7

(800) 616-2916

New York & New Jersey Personal Injury & Litigation Lawyers

What Makes Our Approach Unique?

‘Serious Attorneys for Serious Cases‘ is a phrase that you will find expressed throughout our website because it expresses a sentiment that embodies what our firm is about; quality over quantity.

Our aim is to help fewer clients with the seriousness of cases across a few select practice areas; personal injury, real estate, and litigation.

While there are certainly firms that will tailor their practice towards a large volume of clients and cases, our philosophy is to give every client a highly personalized level of service and attention. This approach allows us to deliver positive outcomes to the clients who hire us in high-stakes situations that are best suited for our firm’s talents.

If you are facing a serious legal matter in the New York area, contact us today for a consultation to determine if we may be a fit.

Experience Matters

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$5M

Medical Malpractice Settlement

Dawn M. Pinnisi secured a $5 Million NY Medical Malpractice Settlement where surgeon chose not to take the time to do a complete and thorough consultation and instead performed an unnecessary surgery which left a 54 year old man with serious and permanent injuries.
$4M

OPPRESSED MINORITY SHAREHOLDER

Jeffrey W. Varcadipane secured $4 Million in total compensation on behalf of a client who brought, among others, claims for oppression of minority shareholder and breach of contract. Mr. Varcadipane’s client was a long-standing Executive of a closely held company who had helped increase the Company’s profits nearly ten-fold before being oust
$3.5M

Structured Settlement For Infant Injured At Birth

Dawn M. Pinnisi secured a settlement which is expected to pay out over $3.5 million to an infant who sustained Erb’s Palsy as a result of negligent labor and delivery at a New York City hospital. The matter was litigated Kings Supreme Court of New York and settled prior to trial.
$3.25M

settlement against a NYC medical practice and Physician’s Assistant

Dawn M. Pinnisi successfully secured a $3.25 Million settlement on behalf of the estate of a 48-year-old husband and father who was a victim of medical malpractice and wrongful death. Among the allegations in this matter were that the physician’s assistant failed to recognize the signs and symptoms of a cardiac event and failed to act accordin
$2.5M

Settlement for client injured in a truck accident

Dawn M. Pinnisi successfully secured a $2,500,000 settlement on behalf of a Brooklyn home health aide who sustained serious personal injuries. The injuries required two cervical fusions and bilateral shoulder surgery. The incident occurred when the aide was rear-ended by a truck in Newark, New Jersey. The case was litigated in the Essex County S
$1.85M

Recovery in Fraudulent Conveyance Action

Jeffrey W. Varcadipane recovered $1,850,000 in assets for an injured client who had secured a judgment in excess of $20 million following a hit-and-run automobile accident. After the judgment was entered, Mr. Varcadipane was retained by one of the nation’s largest Plaintiff’s firm to enforce the judgment. He quickly located real estate ass
$1.75M

Jeffrey W. Varcadipane Secures $750,000 Of Assets In Excess Of Insurance Policy Limit Of $1,000,000, Paving Way For Plaintiff’s Settlement

Jeffrey W. Varcadipane was retained to assist a NYC personal injury firm whose client’s injuries far exceeded available insurance coverage. Through a separately filed action under New York’s Debtor and Creditor Law, Mr. Varcadipane secured assets worth more than $1 million above the available insurance policy, which paved the way for Plainti
$1.5M

settlement for NY construction worker

Sophia Soraya successfully secured a $1.5 Million settlement for a Westchester County construction worker who fell from a roof at a construction site and sustained multiple serious injuries resulting in neck and back surgeries.
$1.1M

Settlement for client injured in construction accident

Jeffrey W. Varcadipane secured a $1,100,000 settlement for a client injured in a construction accident when heavy construction equipment malfunctioned and tipped over causing severe crushing injuries. Our firm brought a lawsuit against the owner/operator of the construction site for negligence and also a claim for product defect against the sell

Frequently Asked Questions

If you need more information feel free to contact our team and find out how we can help your case. Our results have helped our clients recover fair compensations that have helped their loved ones.

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Varcadipane & Pinnisi, P.C. is a Litigation and Real Estate law firm. We primarily handle commercial and civil litigation matters, such as shareholder disputes, real estate venture disputes, contract disputes, consumer fraud act claims, serious personal injury and professional malpractice claims. We also handle real estate matters, such as real estate purchases and sales and disputes involving real estate.

You are entitled to know, to the extent that we can reasonably inform you at your first visit, what your legal fees will cost. We encourage a frank, open discussion about our fees with each client at the time of the first interview. Lawyers are paid under various fee arrangements depending on the specific circumstances of the case.

We consider clear and frequent communication with our clients to be one of the most important, and most commonly overlooked, parts of the lawyer’s obligation to their clients. While we will also make sure you understand exactly what is going on with your case, the frequency of communication often varies depending upon the nature and stage of your case. Clients who contact the firm for an update can expect to hear back from a professional within 24 hours, at most.

Yes. Each state has a filing deadline for individual types of civil cases, called the statute of limitation. You must file your case before the statute of limitation ends. This is why it is important to consult with a lawyer as soon as possible after your injury.

As personal injury attorneys in New York and nearby areas, we handle all types of cases including, motor vehicle accidents, slip and falls, professional malpractice, product liability, tractor-trailer accidents, dog bites, wrongful deaths, birth-related injuries, medical malpractice, construction accidents, motorcycle accidents, general negligence and many more.

Anytime someone suffers an injury, it can be considered a personal injury. However, in legal terms, a personal injury specifically refers to harm caused by the negligent or intentional conduct of another party. That party might be another driver, company, property owner, or even a medical professional.

When you suffer this specific type of injury, it triggers legal rights, including the right to pursue compensation for all of your losses. These losses can include:

-Medical bills

-Lost income

-Pain and suffering

-Permanent disabilities

Sometimes it is obvious that you suffered a personal injury and have the right to compensation. Other times, your legal options are not as clear. You should always discuss your situation with one of our personal injury lawyers, who can evaluate whether you suffered an actionable injury or not.

Even if you have a personal injury under the law, you cannot expect to be automatically compensated by the responsible parties. Instead, you must take the necessary steps to file a personal injury claim. This can refer to either an insurance claim or a lawsuit filed in civil court.

The process generally begins with a personal injury insurance claim. Our attorneys can identify all liable parties and determine the extent of their insurance coverage. Depending on how you were injured, you might need to file claims with your own PIP insurer, the auto insurance company of an at-fault driver, homeowners or property insurers, or general business liability insurers. Our lawyers will handle the insurance claim process and negotiate to get a fair settlement offer whenever possible.

If an insurance company does not offer to settle your claim for a favorable amount, the next step is usually to file a personal injury lawsuit in civil court. The lawsuit process follows the Rules of Civil Procedure, and it involves many different steps. Some cases settle out of court during litigation, while some might go to trial before a judge and jury. Our legal team is prepared to handle your injury claim through every step of this complex process.

New York personal injury lawyers are advocates for medical malpractice and injury victims. These injuries happen regularly, which means many people need this type of legal assistance regularly. Just like some attorneys handle business law, divorces, or real estate matters, there are law firms that take on personal injury claims.

An injury/medical malpractice attorney role will often involve:

-Evaluating whether you have a valid personal injury claim

-Determining the parties that should be responsible for your losses

-Calculating your past and future losses to determine how much your claim is worth

-Preparing and filing all claims and supporting documents and evidence

-Communicating with insurance companies and attorneys for adverse parties

-Advising you whether a settlement offer is fair or not

-Negotiating for a higher offer if needed

-Handling the litigation process when necessary

When you have a lawyer, the possibility of litigation becomes real to the insurance company. This can help the insurance adjuster be more willing to offer a fair amount and avoid going to court.

Many people wonder if they need a lawyer, and the answer is generally yes. Injured claimants with the right to personal injury attorneys often recover greater compensation than those who file claims on their own.

You might also wonder whether you can afford to hire an attorney. After all, when you are facing medical bills and lost income, the last thing you need is another financial expense. Many people worry they will have huge legal bills to pay, but this is not the case. Personal injury lawyers take cases on a contingency basis, which means you pay nothing until after your attorney wins compensation for you. Then, our fees come straight from your settlement or award, so you never need funds out of pocket.

The timeframe of your personal injury claim in New York will depend on your specific situation. Some claims settle within a relatively short time, allowing you to move forward with your life with the compensation you deserve. However, if a claim is taking longer, it is often because your lawyer is fighting to ensure you have all you need.

Some factors that might extend how long your claim takes include:

-Disputes over liability for your injuries

-Your injuries are not healing, and you continue to need medical treatment

-It is as of yet uncertain whether you will be able to return to work

-The insurance company challenges the cause or severity of your injuries

-You need to file a lawsuit to seek full compensation following your insurance claim

Never wait to begin the process by hiring a New York personal injury attorney, as the sooner you start, the sooner you might have the funds you need to cover your losses.

If you Google for “New York personal injury lawyer,” you will likely be overwhelmed by the millions of results you receive. So how do you choose the right attorney with so many options?

First, start with personal recommendations if you know someone who has resolved a personal injury claim. You can also look at some law firm sites and their past results to get an idea of how they resolve cases. Once you find one or more firms that you are interested in, reach out for a free consultation. A consultation gives you the opportunity to learn more about the law firm, ask questions, and make your decision on whether it is the right firm to handle your case.

At the personal injury law firm of Varcadipane & Pinnisi, P.C., our legal team is ready to meet with you for free and address your concerns and questions about the personal injury process and a possible case. Never wait to learn more about our lawyers and how we help clients just like you.

Serious Attorneys for Serious Cases