NYC Personal Injury Lawyer

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New York City Personal Injury Lawyers Near Your Area

Few things can be as jarring to your life as being involved in 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 an NYC personal injury lawyer who is experienced in representing victims of serious injuries.

At Varcadipane & Pinnisi we have a track record of success with helping injury victims obtain the justice they deserve after a serious accident. Our attorneys 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 NYC Personal Injury Lawyers qualified to help you with your injury case? A few things set us apart from other law firms:

  • We have recovered millions for New York Injury Victims
  • Jeff Varcadipane is board certified as a trial attorney
  • We provide boutique, personalized legal service that larger firms cannot

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

What Is Required to File a Personal Injury Lawsuit in New York? 

If another party or entity injured you in New York, filing a personal injury lawsuit may be necessary. To file a lawsuit, you must have standing to sue, 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 personal injury lawsuit, also known as an ‘injury in fact.’ An injury in fact 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 crash was high impact, and you suffered a broken hip and concussion. Your New York personal injury attorney 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 a personal 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 personal 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 personal injury attorneys can help you receive compensation for your injuries. Please contact us to speak with one of our New York City personal injury attorneys.  

Schedule a Personal Injury Consultation Near You Today

If you or your loved has been in a serious accident around -new York area, call us or fill out our contact form today to schedule a free consultation with one of our qualified New York City Personal Injury Lawyers near your area.

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Our NYC personal 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, real estate law, commercial litigation and civil litigation. If you are in need of an attorney in any of these matters, contact Varcadipane & Pinnisi 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. For example, in New York, you have only three years to file a personal injury claim from the date of your injury. 

This law is critical because if you don’t file a lawsuit within those three years, the court will probably refuse to hear the case. The possibilities of obtaining compensation are lost. 

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 injuries 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. 

If the 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 personal injury attorney 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 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 personal injury attorney 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. 

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

Personal Injury Cases We Handle Near You

We have a reputation for winning and fighting for your rights.

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Aggressive NYC Personal Injury Lawyer Around Your Area

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“New York and more importantly, New Yorkers, are near to our heart. We have worked tirelessly to earn our reputation as a firm that is a champion for New Yorkers who seek justice through the highest level of legal representation”

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dawn M. Pinnisi

managing partner

What does it mean to be an NYC trial attorney? In short, it means that you’re an attorney who has demonstrated skill in the courtroom as opposed to being a lawyer with little experience in the courtroom and is, therefore, more inclined to settle.

The 2000 year old adage, “if you want peace, prepare for war” is an appropriate quote that embodies the importance of having strong legal representation. If your legal opponent doesn’t believe your attorney is ‘prepared for war’ (that is, prepared for trial) this will weigh heavily into your case. This is where the reputation of your attorney matters greatly.

At Varcadipane & Pinnisi every case is prepared with the intentions to go to trial and win. Our reputation within the New York legal community reflects this.

If your legal matter requires a law firm with a strong track record of success, call Varcadipane & Pinnisi today for a consultation.

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New Jersey Personal Injury Lawyer

Why Choose Us?

Our clients are treated like family, not just another case

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 City, the ‘City That Never Sleeps‘, 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; 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 levels the playing field and ensures that someone who is highly qualified and familiar with the relevant laws is looking out for your interests.

Let Us Fight For You

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New Jersey Personal Injury Lawyer

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What Makes Our Approach Unique?

Serious Lawyers 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 to help fewer clients with the serious of cases across a few select practice areas; personal injury, real estate and litigation.

While there are certainly firms who 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 which are best suited for our firms talents.

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

Experience Matters

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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, PC 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, part of the lawyers 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 type 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 rights 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.

A New York City personal injury lawyer is an advocate for accident and injury victims throughout all of NYC. These injuries happen regularly, which means many people need this type of legal assistance on a regular basis. Just like there are some attorneys who handle business law, divorces, or real estate matters, there are law firms that take on personal injury claims. 

A personal injury attorney’s 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 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 NYC 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 an NYC personal injury attorney, as the sooner you start, the sooner you might have the funds you need to cover your losses. 

If you Google “NYC 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, PC, 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.