Queens Personal Injury Lawyer

Accident Statistics in Queens, NY

If you have been injured in an accident in Queens, you are not alone. What’s more, with just one call you can have the advocacy of Oresky & Associates, PLLC to guide you through this challenging period. The fact is, accidents in Queens are more common than you think. Just look at these recent statistics: 

• In December 2023 alone, there were dozens of collisions in Queens. The NYPD notes that many of these accidents happen at intersections, often arising from driver inattention. 

• In a recent year, New York City saw 484 construction accidents. Fifty-eight of these incidents happened right here in Queens. 

• Out of 50 states, New York ranks sixth when it comes to the most medical malpractice claims. Forbes reports that last year, New York saw 8.800 malpractice claims, leading to $40 billion in payouts. 

Accidents happen in Queens every day. Still, you have options. By entrusting your case to our team, you’ll never feel like another case number. We offer customized legal services tailored to your situation.

• Our Queens Personal Injury Lawyers Advocate for Clients With These Conditions 

  Often, we get phone calls from prospective clients, wondering if their injuries from accidents are “serious” enough to warrant an injury claim. If you require medical attention following an accident, we want to learn what happened to you. We seek financial compensation for clients suffering from these (and other) bodily injuries:

  • Amputation
  • Brain injuries
  • Broken bones
  • Burns
  • Chest injuries
  • Catastrophic injuries
  • Head and neck injuries
  • Nerve damage
  • Organ damage
  • Paralysis
  • Spinal cord damage
  • Soft tissue injuries
  • Vision or hearing loss

• What Should I Do After an Accident?

  The most important thing you can do after an accident is to seek medical attention – even if you received care from first responders at the scene. This may involve visiting an urgent care center, scheduling an appointment with your primary care doctor, or going to the emergency room. 

  Beyond that, you should follow your treatment plan as prescribed by your healthcare team. This accomplishes two things. One, it helps you reach maximum medical improvement and get back to your life after suffering a serious injury. And two, it helps document the pain and suffering that you are experiencing following the trauma.

  Other post-accident measures that benefit your health and personal injury claim include:

  • Keep all accident-related information, including a copy of the accident report;
  • Take photos of your physical injuries throughout your recovery period; 
  • Document your losses by tracking invoices, receipts, and billing statements; 
  • Refer all calls from insurance companies to your lawyer; 
  • Refrain from sharing information about the accident on social media; 
  • Refuse to give a recorded statement to the insurance company. 

  You can learn more about your next steps during your initial consultation with our Queens law firm.

Why Hire a Personal Injury Attorney from Oresky & Associates, PLLC?

We believe that securing our legal representation levels the playing field while dealing with claims adjusters, defense lawyers, and other parties who may contest your case. With our advocacy, you get more than a lawyer; you get access to our suite of legal resources and experience. Above all else, you get peace of mind knowing that someone is fighting for your right to fair compensation. 

Clients benefit from working with us because:

• We recognize and combat bad faith insurance practices

  Our law firm doesn’t let insurance companies take advantage of our clients by contacting them directly and offering them lowball settlement offers.

• Our law firm combats allegations of fault

  The other party may blame you wholly or partially for what happened, hoping to decrease how much they owe you. We use evidence to push back against these allegations, aiming for the highest possible settlement.

• We work with the New York State Unified Court System every day

  This is more than understanding how claims work. We litigate in the courts every day, and are known by our adversaries for our experience. We have a 30+ year track record to stand behind— empowering us to navigate the legal system.

Our clients appreciate the compassionate, yet aggressive approach we take with personal injury cases. At each phase of the process, your needs come first.

How to Define a Personal Injury Case

A personal injury case is a legal dispute that arises when one party’s actions cause bodily harm to another. These cases assert that: 

• One party owed another a duty of care. This is defined as the reasonable level of prudence people must exercise in their day-to-day lives. For instance, motorists have a duty of care to operate their vehicles safely. 

• An involved party violated their duty of care. In the previous example, a motorist would breach their duty of care by speeding and operating their vehicle carelessly resulting in an accident. 

• The other party contributed to your accident and resulting injuries. 

• You have damages from the incident.

• Do I Have a Personal Injury Case?

  Personal injury cases can arise after many types of accidents. Typically, you must suffer demonstrable injuries to have a valid case. Moreover, another party must be responsible for these injuries and related losses, either through negligence or another form of unlawful conduct.

  You may have a viable personal injury case if:

  • Another driver caused you to suffer serious injuries in a car accident. 
  • A third party is responsible for your workplace accident. 
  • You suffered injuries after using a defective product, such as a power tool. 

  To determine whether you have a case, schedule a free consultation with our firm.

• How Much Is My Personal Injury Case Worth?

  Every case is unique. Generally, however, cases involving severe injury, fractures, surgery, or death warrant significant compensation for pain and suffering as well as related losses. The value of your case depends on many factors, including:

  • The severity of your injuries.
  • Whether (and to what extent) your injuries prevent you from working.
  • Whether you're expected to make a full recovery.
  • The level of mental and emotional trauma you’ve experienced.
  • The cost of your out-of-pocket expenses.
  • Whether you’re partially at fault for the accident.

  When you hire a Queens attorney from Oresky & Associates, PLLC, our team commits to finding every possible source of recovery and fighting for the best outcome.

• How Much Does It Cost to Hire a Queens Personal Injury Lawyer?

  We do not charge an upfront legal fee, and do not charge any legal fee unless we win the case for you.  We work on a contingency fee basis, meaning that we only get paid if we successfully recover compensation through a settlement or at trial.

  The fee we get paid will be a percentage of the amount we recover on your behalf. Your fee agreement will spell out the exact percentage that will make up our legal fee, so you know what to expect.

• How Long Do I Have to File a Lawsuit After an Accident in Queens?

  Generally, the statute of limitation for negligence actions is three years. For instance, if you were injured in a motor vehicle crash, you generally have three years from the accident’s date to sue, per CPLR § 214.  Cases involving municipalities, governmental agencies and entities, and wrongful death will have a shorter statute of limitations. In addition, cases involving municipal entities will require the filing of a notice of claim shortly after the incident and prior to the commencement of the suit.

  Matters change if you suffer another type of incident, such as medical malpractice. Under CPLR §.214(4), you have two years and six months from the error’s date to initiate litigation. Of course, there are some exceptions, such as if you discovered the error years after it happened. The statute of limitations for Medical Malpractice claims against municipal hospitals, and other government-operated entities will be shorter. In addition, cases involving municipal entities will require the filing of a notice of claim shortly after the incident and prior to the commencement of suit.

  The statute of limitations allows two years for wrongful death lawsuits, per EPTL 5-4.1. 

  There are also tolling provisions that extend the limitation periods.  The statute of limitations periods vary from case to case and that’s why it's important to consult with a lawyer.

• What Damages Are Available to Queens Accident Victims?

  You can generally pursue both economic and non-economic damages following an accident that results in injuries. Economic damages are intended to compensate you for financial losses, such as: 

  • Medical expenses, including hospitalization and surgeries 
  • Lost wages
  • Lost union benefits
  • Property damage expenses 
  • Out-of-pocket costs, such as transportation arrangements
  • Funeral and burial expenses (if you lost a loved one) 

  While these losses are generally easy to calculate, estimating the future financial impact of your injuries can be challenging. We may consult with experts as needed to accurately evaluate these damages. 

  Non-economic damages are often referred to as “pain and suffering” damages. While they don’t come with bills and other forms of documentation, they’re still compensable, and in many cases, comprise a significant portion of an injury claim’s value. Examples include: 

  • Loss of consortium 
  • Physical pain 
  • Mental anguish 
  • Past pain and suffering caused by your injuries
  • Future pain and suffering caused by your condition 
  • Scarring and disfigurement
  • Disability, whether cognitive or physical 

  The value of non-economic damages is based on how the accident has affected your quality of life, along with other factors. Trust our personal injury firm to calculate your losses and seek what you are entitled to from the responsible party.

• Can I Still Recover Compensation If I'm Partially at Fault for the Accident?

  Yes, provided you're not 100% responsible for the accident. New York follows a pure comparative fault rule for negligence cases. That means your compensation will be reduced by your proportion of fault for your accident. For example, if you were found to be 20% responsible, your award would be reduced by 20%.

  New York’s negligence system is yet another reason to consider hiring our lawyers. They’ll advocate for you and fight back against any unfair accusations of blame, helping recover every dime related to your injury.

• What Is Negligence, and How Do You Prove It?

  At its core, negligence is the failure to act as a reasonable person would in the same situation. Sometimes, this is through an egregious act, such as drinking and driving. Other times, it’s when someone falls short of a certain expectation. Here are some examples of how another party may act negligently and cause others to suffer injuries: 

  • A motorist disobeys traffic signals. 
  • A construction site owner knowingly uses materials that threaten workers’ safety. 
  • A store owner does not monitor the premises, increasing the risk of falls. 
  • A dog’s owner does not keep their pet on a leash as mandated by New York City Health Code § 161.05. 
  • A healthcare provider does not consult a patient’s medical history before rendering treatment. 
  • A nursing home’s administration does not screen workers for violent offenses. 

  A major benefit of working with Oresky & Associates, PLLC is that you don’t have to prove negligence; that’s our job. We investigate the details of your accident and gather various forms of evidence to demonstrate the other party’s negligence. This information may include the police report, eyewitness testimony, and surveillance camera footage.

Will My Queens Personal Injury Case Go to Trial?

Most cases settle before trial. However, we keep trial as an option if the insurance company refuses to settle or offers less than you rightfully deserve. 

Our law firm handles everything that goes into building a compelling injury claim, from gathering your case’s evidence to presenting your argument at trial.