Personal Injury

Our personal injury attorneys have represented accident victims for more than four decades.

What are the Statutes of Limitation on Personal Injury Cases?

Statutes of limitations, which can be traced back to Roman times, are an integral part of the legal system in the United States and many other nations.  Every state legislature has passed its own statute of limitations that prescribe the maximum time that you have to initiate litigation from the date of an alleged event. After this specified time period has elapsed, you are no longer able to seek redress through the courts for personal injury or damages. In other words, if you fail to file a personal injury claim before your state’s statute of limitations expires, you can lose your right to sue for financial compensation. Statute of Limitations impose deadlines These laws were passed to encourage resolution of legal proceedings within a reasonable time frame. Some states — such as Missouri — allow up to 5 years to bring a personal injury claim.  Others – like Kentucky and Tennessee…
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What are the Stages of a Personal Injury Case?

Hiring a personal injury attorney is the start of a legal process aimed at holding negligent parties liable for wrongdoing and securing compensation for the victims. One of the first questions plaintiffs have for attorneys is, “How long will it take to reach a settlement or verdict?” The Court Statistics Project found that nearly half of personal injury cases were resolved within a year. By two years, three quarters of cases were resolved. The median case processing time was 13.7 months. The personal injury attorneys in NY and NJ at Kantrowitz, Goldhamer & Graifman will communicate with each client every step of the way to be sure you feel valued and never brushed aside. Here are the general steps of litigation you can expect: Stage 1: Meeting with an Attorney You have up to 2 years to file a personal injury lawsuit in New York or New Jersey. Keep in…
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How to Prove Negligence in a Personal Injury Case

How can you prove in a court of law or in negotiations with an insurance carrier that your injury in a car crash, slip and fall or other accident was caused by another party’s negligence? To determine whether a actionable claim for compensation exists, prospective plaintiffs can review the essential elements of personal injury cases in New York and New Jersey. Negligence: the keystone of personal injury claims Any of several facets of the theory of negligence may prove relevant to your personal injury claim. Existence of a duty Did the party thought to be responsible owe a particular legal duty to the victim? This is fairly easy to establish when the relationship between the parties is a formalized one, such as in the case of doctors and patients. However, in many other contexts, a general duty of reasonable care with regard to other citizens exists, including the duty of care owed by…
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Understanding New Jersey Personal Injury Laws

If you have been harmed by the negligent actions of another person or an entity such as a business or organization, you may be entitled to bring a personal injury claim under the laws of New Jersey. The harm in a personal injury case must have been caused by an event or condition that the person or entity was responsible for, should have known about, and should have taken reasonable care to prevent. If, for example, a landlord knows a play area is unsafe due to broken glass but doesn’t take steps to clean it up, he or she could be liable if a child is injured due to the unsafe conditions. Statute of Limitations in New Jersey personal injury cases Personal injury law in New Jersey is subject to a statute of limitations. Any claim must be brought within two years from the date of any incident. If the claim is…
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What to Know About New York Personal Injury Laws

Even though financial compensation can never truly undo every loss caused by a personal injury, it can go a long way toward alleviating some of its burdens. But pursuing a personal injury claim on your own can be stressful. The good news is that victims of personal injury in New York often experience better results if they have a basic understanding of state personal injury laws. It also helps to work with a trusted representative like a personal injury lawyer at Kantrowitz, Goldhamer & Graifman. Be aware of statutes of limitations Each state sets time limits for filing a court case and they are different for each kind of lawsuit. In New York, the time limit is three years from the date of the injury for a personal injury case. In most situations, if the plaintiff does not file by the time the statute of limitations ends, he or she loses…
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Potential Outcomes of a Personal Injury Claim

After suffering a serious injury caused by another party’s negligence or wrongdoing, the law affords remedies for seeking compensation. When you are filing a personal injury claim in New York or New Jersey, it’s important to have a basic understanding of possible outcomes. While your personal injury lawyer can provide a rough estimate regarding the value of your case, there is no sure-fire guarantee that plaintiffs will prevail in the court or reach a settlement negotiation with the defendant. If you’ve filed a civil action, or are considering suing after a car accident, workplace injury or because of a defective product, read on to learn about the possible outcomes of a personal injury lawsuit. Your case is settled out of court Less than 5 percent of personal injury claims reach trial in the United States. While your attorney will approach and prepare your case for the possibility of a jury…
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Largest Personal Injury Settlements in New York

One of the benefits in working with a personal injury attorney is the opportunity to access greater resources and pursue maximum compensation allowable by law. Defendants are notorious for offering low-ball settlements, taking advantage of the plaintiffs’ desires to forego trial and speedily resolve the lawsuit. Kantrowitz, Goldhamer & Graifman thrive on the fine art of practicing law, and we never let our clients settle for less. Our 35+ years of experience and in-depth understanding of personal injury settlements in New York guide us in knowing when it’s time to collect or when it’s time to fight. For your reference, here are some of the largest personal injury settlements and verdicts in New York as of 2017: $18M for amputee in medical provider negligence lawsuit It was a long three-year battle for Tabitha Mullings, a Brooklyn mother of three sons, endured what the NY Daily News called a “shocking medical…
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What is Personal Injury Protection (PIP) or No-Fault Insurance?

In order to register and operate your vehicle in New York and New Jersey, you must purchase some basic auto insurance coverages, including Personal Injury Protection (PIP). Personal Injury Protection is also commonly called “No Fault” insurance. No Fault insurance laws were created to ensure that individuals involved in car accidents were promptly compensated by the insurance company, regardless of which party was to blame. Personal Injury Protection not only expedites compensation for legitimate crash-related expenses, it also serves to curb frivolous claims arising from car accident injuries and financial losses. When purchasing an auto insurance policy, you will be able to select the amount of desired PIP coverage. In New Jersey, this could be as low as $15,000 per person/per accident up to $250,000 per person/per accident. In New York, each insured vehicle is required by law to carry a minimum of $50,000.00 in PIP coverage for each occupant. What…
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3 Strategies for Winning a Personal Injury Claim Settlement

When you hire the law firm of Kantrowitz, Goldhamer & Graifman, you can rest assured we’re preparing your case as if we were going to trial. However, the surprising truth is that approximately 95% of civil lawsuits are resolved through negotiated settlements. In the hands of skilled personal injury attorneys, this is good news for claimants, as it often leads to the fast recovery of substantial sums of cash that can go toward paying medical bills, covering living expenses, and moving on from a traumatic event. If the defendant refuses to make a reasonable offer, we have the resources and expertise to take your case to trial and fight to get you the maximum compensation allowed. Otherwise, there are several strategies we can employ to resolve your case prior to trial. 1. Focus on fact-finding Quality information gathering in the earliest months of preparation is associated with more favorable outcomes. In…
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What is My Personal Injury Claim Worth?

If you’re pursuing litigation after being harmed in an auto collision, a workplace accident, or after falling and getting hurt on another person’s property, you’re probably wondering “What is my personal injury case worth?” How much compensation can you recover from a defendant accused of causing you to suffer physical, emotional and financial damages? Any honest personal injury attorney will explain that attaching an exact figure to your claim is next to impossible without a thorough examination of all evidence and circumstances surrounding your injuries. Even then, your legal counsel can only estimate an approximate value of your case, which can be optimized or reduced depending on various elements. Calculating the total amount of “damages” incurred is an important task for your legal advocate. Besides tangible expenses such as hospital stays, surgery and medication, how do you put a number on things like emotional distress, pain and suffering? What if you…
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