What to Know About Accident Cases in the Bronx
Across the Bronx — from the Grand Concourse and Fordham to Hunts Point and Co-op City — serious accidents happen every day on busy roads, construction sites, and properties, and injured Bronx residents deserve a team that fights for them.
In the words of one client: I give (Oresky & Associates, PLLC) a thumbs up. They explained everything to me. They made sure that I understood everything about my case. They made me feel like I was part of their family.
Serious Injuries Can Warrant Serious Compensation
If you have been injured in an accident, you should consult with one of our dedicated attorneys to determine whether you are entitled to compensation. Regardless of the nature of your injuries, we’re here to listen. Since opening our doors, we have advocated for people suffering from the following conditions, and many more.
The medical and rehabilitative costs associated with these injuries can be staggering. You can have peace of mind with Oresky & Associates, PLLC working on your side. You can focus on recovering while we seek compensation for your pain and suffering, lost wages, medical care expenses, and more.
Post-Accident Steps for Your Bronx Injury Claim
After an accident in the Bronx, you should always do what best benefits your health and well-being seeking medical attention. Even if you received medical care at the scene of your accident, make sure to go to the hospital, an urgent care center, or your PCP afterward.
Other post-accident considerations can also benefit your personal injury claims outcome. If possible, you should:
- Report the accident: Reporting the accident connects your injury to the other party’s negligence. This may include sharing the details of your condition with a property owner, healthcare provider, or law enforcement officials (if you were in a collision, for instance).
- Keep all information related to your damages. Your lawyer needs as much information as possible to accurately assess your damages value. Any receipts, invoices, and bills can help us streamline this process.
- Follow through with your medical treatment plan. Follow medical providers recommendations on important medical care and treatment. Attend important diagnostic tests so that your injuries can be treated and documented. If you require physical therapy, follow doctors instructions. By discontinuing your treatment, you give the insurance company a reason to deny the severity of your condition as well as its cause.
During your free legal consultation, we can discuss what other post-accident measures could support your pursuit of compensation. Call (718) 993-9999 to learn more.
How Our Bronx Personal Injury Attorneys Pursue Damages After an Accident
From the moment you entrust us with your claim, we get to work holding the negligent party financially responsible. Our team wastes no time when it comes to:
- Investigating the accident’s cause.
- Consulting with eyewitnesses and experts.
- Taking over all communications with the involved parties, including claims adjusters.
- Calculating your economic and non-economic damages.
- Filing your insurance claim.
- Negotiating a settlement.
- Suing the negligent party (if an out-of-court settlement isn’t forthcoming).
As we’ll explain later, you pay nothing upfront for our Bronx injury team because we operate on a contingency-fee basis. Our firm doesn’t charge upfront fees. You get access to our full suite of legal services from the very beginning.
Why Hire a Personal Injury Attorney from Oresky & Associates, PLLC?
There is a long list of reasons to partner with our law firm serving the Bronx at the top of which is our successful track record of substantial verdicts and settlements. Beyond that, we find that many clients recommend us to their friends and family because:
We Aim to Level the Playing Field
At first glance, it may seem as though your case has just two parties: you and the at-fault party. However, your case actually involves an interconnected network of insurance companies and defense lawyers all of whom have a vested interest in contesting your case’s value.
When you hire a personal injury lawyer from our team, you benefit from our years of experience, resources, and legal insight, leveling the playing field. Your lawyer stands between you and anybody else who contests your rights to just compensation. We’re here to get you what you deserve.
We Hire Experts Who Can Help Prove Your Case
While our personal injury attorneys have decades of experience, we know the value of expert help from those who can lend their specialized knowledge. Depending on your case, we may work with:
- Accident reconstruction specialists
- Medical Experts
- Economists
- Lifecare planners
- Engineers
What Is a Personal Injury Case?
A personal injury case is a claim for compensation when someone else’s negligence causes you harm. A personal injury case generally is an injury caused by another party’s negligence that negatively affects your physical health or emotional well-being. These cases generally rest on these legal principles:
- Negligence. Another party’s actions or omissions caused your condition.
- Strict liability. Another party is liable for your losses, regardless of their actions or intentions based upon a statute.
- Intentional wrongdoing. Another party intended to cause your injury, and they’re liable for your losses.
Your lawyer will explain what doctrines apply and seek compensation for you accordingly.
Who Could Be Liable for My Injuries After an Accident?
Anyone whose negligence contributed to your Bronx accident can be held liable — and often more than one party is. Liability for your injuries depends on the details of your accident. Even multiple parties could be financially responsible for your losses. Depending on your circumstances, liability for your injury-related losses may include:
- Another motorist, if you were hurt in a motor vehicle accident.
- A property owner, if you were injured on another party’s premises.
- A dog’s owner, if you were bitten by an aggressive dog.
- A general contractor, if you were hurt on a construction site.
- A parts manufacturer, if a failed vehicular component caused a collision.
- A trucking company, if you were injured in a collision involving an 18-wheeler.
Will My Case Go to Trial?
Most do not. Most personal injury cases, including the ones our team handles, do not go all the way to trial. That’s because most civil matters can be resolved through negotiations. Still, there’s nothing to worry about if a lawsuit becomes necessary to recover damages. Our firm has substantial experience in commencing lawsuits and handling them all the way through trial. We will be with you and prepare you every step of the way including:
- Commencement of suit
- Deposition preparation
- Depositions
- Exchanging evidence with the other party’s legal team (known as ‘discovery’)
- Submitting all case-related paperwork, ensuring completion and accuracy.
- Expert witness exchanges
- Trial Preparation
- Jury selection
- Presenting your case’s evidence to the judge and jury
- Jury Verdict or Settlement
Rest assured, we’re ready to go to trial if need be, we’ve got years of experience in and out of the courtroom.
How Much Does It Cost to Hire a Bronx Personal Injury Lawyer?
Nothing up front. Our Bronx personal injury lawyers work on a contingency-fee basis, so your ability to hire us never depends on what you can pay today. We make cost a non-issue by:
- The legal consultation is free.
- We do not charge an upfront legal fee.
- We get paid a percentage of the settlement or verdict only if we win damages for you and we are able to collect.
- We advance all case expenses prior to conclusion.
From the very beginning, you’ll learn about this arrangement and get the terms in writing. You’ll always know what to expect with Oresky & Associates, PLLC on your side.
How Long Do I Have to File a Lawsuit After an Accident in New York?
In most Bronx injury cases you have three years from the date of the accident. New York’s civil statute of limitations varies depending on the type of accident you suffered. For example:
- If you were hurt in a motor vehicle collision, you generally have three years from the crash’s date to file your lawsuit, per CPLR 214(4). There are exceptions.
- If you suffered injuries from medical malpractice, you generally have two years and six months from the date of the error to sue, per CPLR 214-A. There are exceptions.
- If you lost a loved one and want to file a wrongful death lawsuit, you generally have two years from their passing to file, per EPTL 5-4.1. There are exceptions.
- If a city agency or public hospital may be responsible, the deadline is far shorter. Claims against entities such as NYC Health + Hospitals — which runs Lincoln, Jacobi, and North Central Bronx hospitals — or the New York City Housing Authority generally require a written notice of claim within 90 days of the incident, per General Municipal Law § 50-e. Missing that 90-day window can end the claim before the three-year period ever applies.
What Damages Are Available to Bronx Accident Victims?
Bronx accident victims can recover both economic damages, such as medical bills and lost wages, and non-economic damages for pain and suffering. With Oresky & Associates, PLLC, you could recover compensatory damages to cover all of your losses, including economic and non-economic damages.
Economic damages are awarded to reimburse you for financial losses that you can prove with documentation. These losses include:
- Medical expenses, including physical therapy, hospitalization, and surgeries
- Lost wages
- Funeral and burial expenses (if you lost a loved one)
- Temporary transportation costs
- Loss of future earning capacity
- Lost union benefits
- Out-of-pocket injury-related losses, such as childcare arrangements
Non-economic damages account for your intangible hardships, which may include:
- Past pain and suffering caused by injuries
- Future pain and suffering caused by injuries
- Physical pain
- Mental anguish
- Emotional trauma
- Disability
- Scarring and disfigurement
- Loss of consortium
We encourage you to read our case results to learn more about how we seek fair compensation for injured clients.
What If I’m Partially at Fault for the Accident?
You can still recover. Being partially at fault doesn’t stop most New Yorkers from recovering compensation after suffering a personal injury. New York follows pure comparative negligence, so partial fault reduces an award but never bars it. However, it can reduce how much they can recover in relation to their percentage of fault.
Here’s an example to understand more. You were injured in a collision with another driver. It’s found that you caused 20 percent of the accident, and your damages total $1 million. In that instance, you could only recover 80 percent of your damages: $800,000.
Don’t assume that you’re even partially at fault for the accident. Our investigation may discover evidence telling a very different story where you’re not responsible.
How Long Will My Case Take?
It depends on the case — some Bronx claims settle in a few months, while cases that go into litigation can take considerably longer.
Some cases settle relatively quickly within a few months. That might happen if there’s compelling evidence, and the insurance company is eager to settle. However, if you have a substantial case, this may involve litigation, the courts, and trial. This will, of course, take time.
We’re ready to combat any attempts to stall the process or discourage you from seeking damages. We will vigorously pursue your case in order to help avoid delays.
Can I File an Injury Claim in the Bronx if I Am Undocumented?
Yes. In New York, your immigration status does not prevent you from recovering compensation for an injury caused by someone else’s negligence. You do not have to disclose your status to bring a claim, and our team speaks Spanish, so you can discuss your case in the language you are most comfortable in.
Where Are Bronx Personal Injury Cases Filed?
Bronx personal injury cases are typically filed in Bronx County Supreme Court, at the Bronx County Hall of Justice, 851 Grand Concourse. Filing in the county where the accident happened or where a party lives means your case is heard by a Bronx jury. Our Bronx office on East 149th Street is a short distance from the courthouse.
