Personal Injury

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

What Are PTSD Personal Injury Claims?

PTSD, also known as post traumatic stress disorder, is a psychiatric disorder that sometimes affects people who have witnessed or experienced a traumatic event. When a personal injury victim suffers from PTSD as the result of an accident, it can interfere with daily functioning in ways that make physical and mental recovery even tougher. As a personal injury lawyer at Kantrowitz, Goldhamer & Graifman P.C. can tell you, this type of impairment is compensable under the law but it is not as straightforward as a clearly physical injury. PTSD as a result of personal injury When most people think of PTSD, they probably think of affected soldiers returning from war. In reality, there are many other causes as well, including natural disasters, sexual assault, car accidents, and other types of personal injury. PTSD as a result of a traffic accident, for example, is far more common than most people realize….
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How is Loss of Wages Determined in a Personal Injury Case ?

A personal injury may result in long-term disability that makes resuming prior employment or earning pre-accident income levels an impossibility. When this occurs, the law affords aggrieved parties the opportunity to pursue compensation for those losses. But how can lost wages, reduced earning potential and related damages be accurately assessed? Lost wage calculations Accident victims who enjoyed regular employment by a company, individual or other such entity will have a rather straightforward task ahead in establishing exactly how much income they have lost. By submitting employer-provided and other documentation concerning their typical work schedule, rate of pay and days missed due to injuries sustained, a plaintiff or claimant can quickly prove the income of which they have been deprived by the defendant’s negligence. Those who work on a seasonal or irregular work schedule may find this part of the process a bit more challenging, but could utilize pre-accident bank deposit records, tax returns,…
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What Are the Different Types of Bone Fractures?

There are 206 bones in the human body, and together they provide many functions that are critical to our health and wellbeing. When bones are fractured, the recovery process can be lengthy and expensive, especially in more severe cases entailing surgery and traction. Motor vehicle accidents, falls and sports injuries are the leading causes of broken bones, which are considered a medical emergency. Even minor hairline fractures should be evaluated and treated promptly to prevent further complications. Improper or delayed treatment of fractures can result in incapacitating changes to your mobility, ongoing pain and loss of bone integrity. X-rays must be taken to diagnosis the injury and provide a clear idea about the type of fracture and the degree of bone displacement. When such personal injury is caused by another party’s negligence, victims may be eligible to seek monetary damages through the courts. The law firm of Kantrowitz, Goldhamer & Graifman…
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Your Personal Injury Consultation Checklist

Before meeting a personal injury attorney to discuss your accident and potential claim for damages, it’s important to ensure you’re prepared with the proper documents, reports and relevant information surrounding your injury. Documentation, including police reports, medical receipts,  and witness statements, lend credibility to your case, while providing your lawyer with key information to help determine whether litigation is warranted.  An experienced lawyer can then review this information to offer a realistic projection on the value of your claim. Make sure you’ve assembled everything from this personal injury checklist before scheduling your first legal consultation. If you are unable to locate some of the information, don’t worry. Your attorney can help you track down exactly what is needed to achieve the best possible outcome. Personal Injury Information Checklist Accident information: Your legal counsel needs to have the full names, addresses and contact information of any people who were involved in…
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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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