What is a Personal Injury Case?

A personal injury case is a claim or lawsuit for damages caused by the negligent, reckless or intentional actions of another person or organization.  Most people are familiar with the typical cases for traffic accidents and slip and falls, but there are many other types of cases that a personal injury attorney in NYC can help you with.  If you suspect that the harm you’ve suffered was caused by somebody else, it never hurts to have a consultation with a personal injury lawyer to find out if you might be entitled to compensation.

Traffic Accidents

When you are a driver, passenger or pedestrian that is injured in a car accident, you can make a claim against all responsible parties for pain and suffering, lost future earnings and other damages sustained in the accident.  In New York your medical bills, lost earnings and “out-of-pocket” expenses are usually paid by “no-fault” insurance.  If you were working at the time, these benefits are usually paid by workers compensation.  In New York, you must have a “serious permanent” injury in order to start a lawsuit for a traffic accident, so it’s worthwhile to speak to a Queens, Manhattan, Bronx, Staten Island or Brooklyn personal injury attorney to find out if your injuries will meet this requirement.

Slip and Fall

These are a type of premises liability claim, holding property owners responsible for creating or failing to prevent a condition that causes a person to “slip and fall,” sustaining injuries.  The owners must have “reasonable notice” of the condition in order to be liable for the consequences.  For example, a store owner would not be responsible if somebody slipped because a customer spilled water on the floor moments before an accident.  If a dangerous condition at a premises causes you to fall, and you are injured, it’s worth it to consult with a personal injury attorney to determine whether or not you have a case.  There is no “serious injury” threshold for these cases, but it’s still not worthwhile to make a mountain out of a molehill, making a claim for a trivial injury that healed quickly.

Medical Malpractice

When medical professionals (doctors, nurses, physical therapists, etc.) make mistakes, and a patient suffers as a result, it’s worth considering a claim for medical malpractice.  These are never small cases as they require hiring medical professional as expert witness, which is very costly.  The mistake or recklessness must be clear, and the injury must be severe and permanent.  The best way to know if you have a medical malpractice case is to call at Personal Injury Lawyer in NYC that specializes in medical malpractice, or a firm that has attorneys that specialize in this area.

Premises Liability

In addition to “slip and fall” cases, there are many other types of premises liability cases such as dog bites, assaults and sports accidents.  All personal injury cases have the same basic requirements – somebody’s negligence, recklessness or intentional act caused harm to another person.  If you have been harmed on somebody’s property, it’s a good idea to speak to Queens, Manhattan, Staten Island, Bronx or Brooklyn Personal Injury Attorney to find out if you have a case.  Don’t wait too long – deadlines can be short in some situations, especially for suing government entities.

Civil Rights

When somebody is denied equal treatment under the law due to their race, national origin, sexual orientation and many other illegal reasons, there can often be a claim for a violation of civil rights.  Sexual harassment in the workplace is one example, but there are many other types of claims for police brutality, hostile school environment due to bullying and inmate abuse and neglect.  If you have suffered due to violations of your civil rights, you should call a personal injury attorney for a consultation.


Wittenstein & Wittenstein is the most reputable personal injury attorney in NYC, with offices in Queens and Manhattan.  Please call 718-261-8114 for a free consultation.


2019-06-15T18:37:20+00:00By |0 Comments

About the Author:

Alyce Wittenstein is a world class attorney, blogger and filmmaker. She began working at the firm in 1985 as a managing paralegal, learning all the practices and procedures of the firm from Mr. Wittenstein and the staff. From 1995-1998, she attended CUNY Law School where she made a mark as a teaching assistant for Civil Rights leader Haywood Burns. She founded a Human Rights Delegation to Haiti and studied Constitutional Law with Supreme Court Justice Ruth Bader Ginsburg. Working at the Equal Opportunity Employment Commision (EEOC), she learned a great deal about Employment Discrimination matters. She brought her knowledge of the Personal Injury practice and her passion for Civil Rights to the firm when she was admitted to the Bar in 1999. In 2000, she became a partner and the firm name was changed to Wittenstein & Wittenstein, Esqs. PC.

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