Personal Injury Lawyers Helping Injured People Protect Their Rights

A serious injury can affect nearly every part of your life, from your health and ability to work to your finances and your family’s future. When an injury is caused by someone else’s negligence, unsafe conduct, or a dangerous product or property condition, you may have the right to pursue compensation for the losses you have suffered. 

The personal injury lawyers at Napoli Shkolnik represent individuals and families who have been harmed in accidents and other preventable incidents. Our legal team helps clients understand their rights, determine who may be responsible, and pursue the financial compensation they may be entitled to under the law.

What Do Personal Injury Lawyers Do?

Personal injury lawyers help people who have been injured due to another person’s or company’s negligence or wrongful conduct. At Napoli Shkolnik, our attorneys investigate how an injury occurred, gather and preserve evidence, identify potentially liable parties, evaluate available insurance coverage and other potential sources of recovery, calculate the financial and personal impact of an injury, negotiate with insurance companies and other parties, and, when necessary, pursue a personal injury lawsuit on the client’s behalf. 

Having an experienced personal injury lawyer can also help injured individuals navigate filing deadlines, insurance requirements, medical documentation, settlement negotiations, and other legal issues that may affect their claim.

Personal Injury Cases We Handle

Personal injury law covers many different types of accidents, injuries, and negligent conduct. Napoli Shkolnik represents clients in matters involving: 

• Car, truck, motorcycle, and other motor vehicle accidents 

• Slip and fall and premises liability accidents 

• Construction and workplace accidents 

• Medical malpractice 

• Defective and dangerous products 

• Catastrophic injuries 

• General negligence 

• Wrongful death 

Every personal injury case is different. Determining whether you have a claim often depends on how the injury occurred, who was responsible, the evidence available, the extent of your injuries, and the laws that apply to your situation. 

What Compensation May Be Available in a Personal Injury Claim?

An injury can create financial consequences that continue long after the initial accident. Depending on the circumstances and applicable law, a personal injury claim may seek compensation for losses such as: 

• Medical expenses and ongoing treatment 

• Lost wages and income 

• Loss of future earning capacity 

• Rehabilitation and other injury-related expenses 

• Pain and suffering 

• Long-term or permanent disability 

• Other economic and non-economic losses resulting from the injury 

The compensation available depends on the facts of the case, including the severity and long-term impact of the injuries, liability, available insurance coverage, and applicable state law.

Understanding Your Rights After a Personal Injury

After an accident, it is common to have questions about who is responsible, whether you have a personal injury claim, how much your case may be worth, and what steps you should take next. Filing deadlines and other legal requirements can also vary depending on where and how the injury occurred. 

The answers below address some of the most common questions about personal injury claims, negligence, liability, damages, wrongful death, workplace injuries, and the personal injury legal process.

Personal Injury FAQ: Answers to Common Questions About Personal Injury Cases

When we're injured, we face not only physical pain and emotional trauma from the incident itself but future financial complications from mounting medical bills and lost earnings if we miss work. At Napoli Shkolnik, our mission is to help the injured not only by providing experienced legal counsel but by offering helpful information that can help them make the right decisions early on. 

You can read through the following frequently asked questions and answers to learn more about personal injury law, personal injury claims, financial compensation, and your legal options after an accident. You can also contact us to schedule a free consultation with one of our attorneys. We look forward to seeing how we can help you. 

What Is Personal Injury?

Personal injury is defined as a physical or psychological injury that is caused by another. An individual or company may act negligently or intentionally or may be held strictly liable for causing injury to a person. Lawsuits involving personal injuries are handled in civil court, where financial penalties are enforced, as opposed to criminal court where criminal penalties such as imprisonment are enforced. 

In a personal injury case, establishing negligence generally involves showing that the defendant owed the injured person a duty of care, breached that duty, and caused injuries or damages as a result.

What Is Liability?

Liability refers to legal responsibility for an injury, loss, or damages. If someone else caused your injuries, intentionally or unintentionally, they may be held liable. This means they may be responsible for your medical care, lost earnings and other damages associated with your injuries. 

Depending on the circumstances, potentially liable parties may include drivers, property owners, businesses, employers, manufacturers, contractors, healthcare providers, or other individuals or organizations whose actions contributed to an injury.

What Does "Strict Liability" Mean in a Personal Injury Case?

Strict liability involves situations in which a party may be held legally responsible for an injury without the injured person having to prove traditional negligence. Product liability cases involving defective products are one example. Depending on the applicable law and facts of the case, an injured consumer may need to establish that a product was defective and that the defect was a substantial factor in causing the injury. 

What Is Financial Compensation in a Personal Injury Case?

Financial compensation is a term used to describe money paid by an at-fault party (the defendant in a personal injury lawsuit) to the injured party or representative of the injured party (the plaintiff). This money is meant to compensate the plaintiff for the losses and/or injuries that the defendant caused. Depending on the case, compensation may include medical expenses, lost wages, reduced earning capacity, pain and suffering, rehabilitation expenses, and the cost of future medical care. 

What Is the Difference Between Compensatory Damages and Punitive Damages?

Compensatory damages are paid to a plaintiff in a personal injury suit to help the plaintiff rebuild the same or similar situation they had before the injury occurred. Compensatory damages may include money for medical care, lost wages, pain and suffering and future medical expenses. 

Punitive damages are meant to penalize the defendant. Whether a plaintiff may receive punitive damages will vary depending on state law and the case at hand. Punitive damages are not available in every personal injury case and generally require conduct beyond ordinary negligence. An attorney can evaluate whether the facts of a particular case may support a claim for punitive damages.

Who Is Liable for a Slip and Fall Accident on Someone Else's Property?

If you were injured in a slip and fall accident on another's property, they may be held responsible for your injuries if their negligence caused your accident to occur. For example, the property owner may have known of a missing stair but failed to post a warning sign or get it repaired in a timely manner. If you fell while walking down that staircase, it is possible that the property owner would be held accountable. Because every case is different, it is important to have your lawyer thoroughly investigate the circumstances of your accident to determine who is to blame.  

Evidence such as photographs, surveillance footage, incident reports, maintenance records, witness statements, and information about how long a dangerous condition has existed may become important when determining liability. 

How Much Is My Personal Injury Case Worth?

The nature and extent of your injuries are among the factors that may influence the value of a personal injury case. More serious injuries may result in higher medical bills, more time away from work and long-lasting consequences such as a permanent disability or an inability to return to work at all. The value of a personal injury claim may be determined based on medical bills, lost earnings, future medical care, future loss of earnings and the extent of emotional trauma you have experienced. Other factors may include available insurance coverage, evidence of liability, whether multiple parties share responsibility, the long-term impact of the injury, and the strength of the evidence supporting the claim. 

Can I File a Wrongful Death Lawsuit After Losing a Loved One?

If you lost a loved one because of another person's or company's wrongful conduct, the personal representative of the estate may be able to pursue a wrongful death claim. For example, a property owner that fails to address a dangerous condition, such as a known structural hazard, may potentially be held responsible if that condition results in a fatal accident. 

The damages available in a wrongful death case depend on applicable state law and the circumstances of the case. Because wrongful death claims are subject to specific rules regarding who may bring the action, recoverable damages, and filing deadlines, families should speak with an experienced wrongful death attorney about their legal options. 

Can I File a Personal Injury Lawsuit If I Was Injured at Work?

Depending on the cause of your injuries, it is possible that you may be able to seek workers' compensation benefits and financial compensation by way of a personal injury lawsuit. This may apply if a third party, someone other than your employer or a co-worker, is to blame for your injuries, such as a manufacturer of a defective tool or piece of equipment. In New York, workers' compensation generally provides benefits for job-related injuries regardless of fault, while a separate third-party personal injury claim may be available when someone other than the employer contributed to the accident. Third-party claims may involve equipment manufacturers, property owners, contractors, drivers, or other parties depending on how the injury occurred.

How Long Do I Have to File a Personal Injury Lawsuit in New York?

New York generally provides three years to file a negligence-based personal injury lawsuit. However, the statute of limitations can vary depending on the type of claim, how the injury occurred, who is responsible, and other circumstances. Shorter or different deadlines may apply to cases involving government entities, medical malpractice, wrongful death, minors, and other specific situations. 

Because the statute of limitations can vary depending on the type of claim and circumstances of the case, determining the correct filing deadline is important. This is why it can be helpful to seek advice from an experienced personal injury attorney as early as possible. An attorney can evaluate the circumstances of your case, identify the deadlines that may apply, and help protect your right to pursue a claim. 

Do I Need a Personal Injury Lawyer to File a Claim?

You are not always required to have a personal injury lawyer to file a claim. However, handling a claim on your own can become more complicated when injuries are serious, liability is disputed, multiple parties may be responsible, or an insurance company challenges the extent of your injuries or the compensation you are seeking. 

A personal injury lawyer can evaluate your case, investigate how the injury occurred, gather evidence, identify potentially liable parties, document your financial and non-economic losses, communicate with insurance companies, and negotiate for a resolution that reflects the full impact of your injuries. If a fair settlement cannot be reached, an attorney can also determine whether filing a personal injury lawsuit is appropriate and represent you throughout the litigation process. 

Getting legal guidance early can be particularly valuable if you are facing significant medical expenses, time away from work, long-term treatment, permanent injuries, or uncertainty about who is responsible. It can also help you understand the deadlines and legal requirements that may affect your right to pursue compensation.

What Evidence Do I Need for a Personal Injury Claim?

The evidence needed for a personal injury claim depends on how the accident occurred and the nature of your injuries. Generally, strong personal injury evidence helps establish what happened, who may be responsible, the extent of your injuries, and the financial and personal losses you experienced as a result. 

Documents, photographs, medical records, witness information, and other evidence can become especially important when an insurance company disputes liability or challenges the value of a claim. 

Medical Records and Documentation of Your Injuries

Medical records can help establish the nature, severity, and progression of your injuries. Relevant medical evidence may include: 

• Emergency room and hospital records 

• Doctor and specialist reports 

• Diagnostic imaging, including X-rays, MRIs, and CT scans 

• Physical therapy and rehabilitation records 

• Prescription and medication records 

• Medical bills and treatment expenses 

• Documentation of future treatment or medical needs 

Seeking appropriate medical care after an accident also creates a record of your injuries and the treatment you received.

Photos and Videos of the Accident

Photos and videos can preserve details that may change or disappear after an accident. Evidence may include photographs or video of: 

• The accident scene 

• Vehicles, equipment, or property involved 

• Dangerous property conditions 

• Vehicle or property damage 

• Visible injuries 

• Road, traffic, lighting, or weather conditions 

• Surveillance cameras, dashcams, doorbell cameras, and other video recordings may also contain important evidence depending on where the injury occurred. 

Police Reports and Accident or Incident Reports

Official reports can provide important information about when, where, and how an accident occurred. Depending on the type of personal injury case, this may include: 

• Police accident reports 

• Workplace accident reports 

• Property or business incident reports 

• Construction site reports 

• Emergency response records 

• Other reports created at or shortly after the incident 

These records may identify the parties involved, witnesses, accident conditions, and other details relevant to a personal injury investigation. 

Witness Statements and Contact Information

Independent witnesses may help establish how an accident happened or what conditions existed immediately before or after an injury. If possible, obtain the names, telephone numbers, email addresses, and other available contact information for anyone who witnessed the incident. 

Witness testimony may become particularly valuable when the parties disagree about who caused an accident or whether a dangerous condition existed. 

Wage and Employment Documentation

If an injury prevents you from working or reduces your ability to earn income, employment and financial records can help document those losses. Evidence of lost wages may include: 

• Pay stubs 

• W-2s or other income records 

• Tax returns 

• Employer statements 

• Attendance or time-off records 

• Documentation of missed work 

• Records showing reduced hours or job responsibilities 

For serious or permanent injuries, additional evidence may be needed to evaluate future lost income or reduced earning capacity. 

Other Evidence That May Support a Personal Injury Claim

Depending on the circumstances, other evidence may include insurance information, repair estimates, receipts for accident-related expenses, maintenance records, product information, safety records, electronic data, correspondence with insurance companies, and expert evaluations. It can also be helpful to keep a record of how your injuries affect your everyday life, including limitations on work, household responsibilities, mobility, and other activities. 

Some evidence can be lost, altered, or destroyed over time. Preserving relevant documents, photographs, videos, and witness information early can help your attorney investigate what happened and determine what evidence may support your personal injury claim. 

When Should You Talk to a Personal Injury Attorney?

It may be worth speaking with a personal injury attorney if you were seriously injured because of someone else’s actions, negligence, or an unsafe condition, and you are unsure what your legal options are. Getting legal guidance early can help you understand your rights, identify important deadlines, and determine what steps may be necessary to protect a potential claim. 

You may want to contact a personal injury attorney if: 

• Your injuries require significant or ongoing medical treatment 

• You have missed work or expect your injuries to affect your future ability to earn income 

• The insurance company disputes your claim, delays payment, or offers a settlement that may not reflect the full extent of your losses 

• There is disagreement about who caused the accident 

• More than one person, business, or other party may be responsible 

• Your injuries resulted in permanent limitations, disability, or long-term care needs 

• A loved one died because of another party’s alleged negligence or wrongful conduct 

• You are unsure about the statute of limitations or another deadline that may apply to your claim 

You do not need to know whether you have a case before speaking with an attorney. A free consultation with Napoli Shkolnik can help clarify whether you may have grounds for a personal injury claim, what evidence may be important, and what options are available based on the circumstances of your injury.

Talk to a Personal Injury Lawyer About Your Case

You do not have to determine the value of your claim or navigate the legal process on your own. The personal injury lawyers at Napoli Shkolnik can review what happened, explain your legal options, and help you determine the next steps for pursuing a claim. 

Every personal injury case begins with a different set of circumstances. Understanding who may be responsible, what compensation may be available, and how the legal process works can help you make more informed decisions about what to do next. 

The personal injury attorneys at Napoli Shkolnik can review the circumstances surrounding your injury, answer your questions, and explain your legal options. If you have a potential claim, our team can help you understand the next steps and what may be involved in pursuing compensation for your injuries and losses. 

Contact Napoli Shkolnik today to schedule a free case evaluation and speak with a personal injury lawyer about your case.

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