the law office of dennis p. ryan

Frequently Asked Questions For personal injury

At Law Office of Dennis P. Ryan we get a lot of questions about New York personal injury lawsuits. We answer some of the most frequently asked questions here, but if you need further information, don't hesitate to call us at (212) 441-4352 to schedule a Free consultation with an attorney.

I was in an accident in New York, do I need a personal injury lawyer?

You are not required to have a personal injury lawyer following an accident; however, a lawyer could explain your legal options and help secure a more favorable result. Often, insurance companies will try to take advantage of unrepresented individuals in the claim process with low settlement offers.

A New York personal injury lawyer understands the value of a case and when an offer is appropriate for the damage and harm caused in an accident. Additionally, a lawyer could handle the complex court process through its conclusion if a claim does not settle prior to the state deadline for filing a claim.

Do I have to go to court for a personal injury claim in New York?

No, filing a case in court and going through the court process are not required in every personal injury claim. In fact, a large majority of personal injury claims settle prior to filing a case in court or before a trial if a case must be filed.

A trial in a personal injury case is often the last resort for all parties involved because of the increased costs associated with a trial. Unfortunately, insurance companies and negligent parties do not always present fair offers for settlement, so a trial is always a possibility following an accident.

What types of damages could I receive in New York?

The common types of damages available for recovery in a personal injury claim include economic and non-economic damages. Economic damages are intended to compensate you for your losses from the accident, such as medical expenses, lost wages, and property damages.

Non-economic damages are intended to compensate you for the pain and suffering experienced during and after the accident and any loss of your ability to enjoy your life. In some cases, you might also be entitled to punitive damages for especially careless or reckless actions of the responsible parties. The amount and specific types of damages available in a personal injury claim vary significantly based on the case's circumstances.

What happens if I was also at fault?

Your role in causing an accident could potentially limit or bar your recovery of damages in a personal injury claim depending on where the accident occurred. Generally, in settlement negotiations or if the case goes to trial, the parties will argue the percentage of fault of all parties. If you are determined to be partly at fault for the accident, any damage award could be limited by your percentage of fault.

In some states, if you are found more than 50 percent at fault or responsible in any percentage, you could be barred from recovering any damages, no matter how significant your damages were following the accident. This is why hiring a personal injury attorney is imperative.

What happens to my case if I have a pre-existing condition?

Pre-existing conditions can play a substantial part in a personal injury case. In general, you are not entitled to compensation for pre-existing injuries that were not affected in the accident. However, you could be entitled to damages if your pre-existing condition was exacerbated or aggravated by the accident.

Proving an exacerbation or aggravation commonly requires determining the severity of the pre-existing condition prior to and following the accident. As such, pre-existing conditions often lead to significant contention from the insurance companies.

Experienced New York Personal Injury Attorneys

If you or a loved one have been injured in an accident and are considering whether to pursue a claim, you should contact Law Office of Dennis P. Ryan to schedule a Free consultation. Call (212) 441-4352 or fill out our contact form to get started on your road to recovery.

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recent results

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recent results |

  • The Law Office of Dennis P. Ryan was able to win an important motion to allow a Department of Sanitation Supervisor to bring a Personal Injury Claim against the City of New York. Anyone who plans to sue a municipality in the State of New York, must file a Notice of Claim within 90 days of the date of the accident. A New York City Sanitation Supervisor recently contacted our law firm 5 months after the accident, and more than 2 months after the Notice of Deadline had passed. Our office was successfully able to convince the Court that our client's claim fell under an exception and should be allowed to proceed. Our client is now likely going to be able to receive money for his pain pain and suffering and lost wages.

  • Our client was a Sanitation Worker who was hit by a car while he was servicing his route. He suffered an ankle injury that required him to go for Physical Therapy for 1-2 months. Even though he did not need any injections or surgery, we were able to convince the insurance company to offer the full amount of its $25,000 to settle the case. We were able to achieve this settlement before our client needed to appear for a deposition.

  • Our client was a Sanitation Worker who was hit by a car while he was servicing his route. He had to have a shoulder surgery and missed several months of work, losing Chart Money, Truck Money and Overtime Money. We filed a lawsuit on his behalf in Kings County (Brooklyn). Our office was able to settle case for the full amount of the driver's Insurance Policy. We were able to achieve this settlement before our client needed to appear for a deposition.

  • Our office was able to settle a case for the full amount of Insurance Policy for Pedestrian who tripped and fell on sidewalk in Nassau County. This was a tough case in a tough venue for Plaintiff's attorneys. Our client had contacted 2 previous law firms who declined her case because they thought it would be too difficult to obtain a settlement. Our office was not only able to settle the case but we were able to persuade the insurance company to offer the full amount of its insurance policy to settle the case.

  • Our office was able to obtain a settlement for $95,000 (out of a total of $100,000) for a Sanitation Supervisor who hurt his ankle in a car crash. The insurance company for the other driver made several motions to the court asking the Judge to dismiss the case. We were able to defeat each of these motions and eventually settle the case for $95,000. This was more than 3 times the initial settlement offer that the insurance company made.

  • Our client fell on a broken sidewalk in the Bronx in front of a 1 family house. We brought a lawsuit against the City of New York and the insurance company for the homeowner. Our client aggravated injuries to his ankle that he had suffered years ago while playing sports. The Insurance Company made a Motion to the Court asking to dismiss our case. We were able to defeat this Motion and we were eventually able to settle this case against the City of New York and the Insurance Company for a total of $75,000.

  • Our office was able to obtain a settlement of $97,500 out of a possible $100,000 in available insurance coverage for a Car Crash that happened in New Jersey. Our client was involved in a 2 car crash. She had a stop sign and the other driver did not have a stop sign. For that reason, the insurance company claimed that the crash was completely the fault of our client. Our firm hired investigators who canvassed the scene for witnesses, photos and videos of the crash. We were able to prove that the other driver was driving too fast for the intersection and was also at fault for the crash.

  • Our office was able to obtain a settlement of $170,000 for a woman who slipped and fell on ice on the stairs of the house that she rented an apartment at. Her landlord's insurance company argued that the landlord had done everything it could to prevent our client's fall. We were able to prove that the landlord had not properly shoveled and salted the steps before our client's fall.

  • Our Office settled a case for a Sanitation Worker who tripped and fell on uneven pavement inside his Sanitation Garage and hurt his ankle. The Worker had several prior Line of Duty Injuries (LODIs) where he had also hurt his ankle. Our office was able to prove that this LODI aggravated the old injuries and made the injuries worse.