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Our law firm provides legal services to help victims of a broad range of serious accidents, including:
Our lawyers also represent surviving family members in wrongful death claims.
At Pyrros, Serres & Rupwani, you will find skilled legal help to hold liable parties responsible and pursue damages for all your losses, including wages, medical expenses, loss of companionship or consortium and physical pain and suffering.
If you sustain an avoidable injury because someone was careless, you have the right to seek compensation. You can do so by filing an insurance claim or a civil lawsuit, but you may benefit from speaking to a personal injury attorney about your options.
Personal injuries can be devastating, leaving you with mounting medical expenses and unpaid bills while you cannot work. Having an experienced personal injury lawyer on your side can help you get the financial compensation you need faster to get your life back on track.
A New York personal injury lawyer handles a broad range of accidents that result in serious injuries or even death. The most common cases in personal injury law include:
You can file a personal injury claim or lawsuit yourself without legal representation. However, representing yourself in a person injury case is difficult as there are many rules, procedures as laws that need to be followed in order to be successful.
In addition, most personal injury lawyers work on contingency. Therefore, you have nothing to lose by consulting with one before taking the matter into your own hands.
Determining and proving fault are one of the central concerns in a personal injury case. If you file a lawsuit against the person or persons that caused your injury, it is your responsibility to provide evidence that supports your claim.
This means that you have three stages of proof to go through. They are:
Ideally, you could prove the defendant was entirely responsible and, therefore, must cover the damages in your case. However, that is not always the case. For example, if you share liability with the defendant, meaning you are both responsible, you can still claim compensation under the comparative fault law conditions.
New York uses the pure comparative fault law in cases of shared responsibility. This is one of two types of comparative fault, which states that you can still recover a proportion of damages as long as you are not entirely responsible for the accident.
The other type of comparative fault, known as modified comparative fault, states that the defendant must be more at fault for you, the plaintiff, to receive any compensation. Whether the threshold for responsibility is 50% or 51% depends on the state.
In New York, pure comparative fault states that your percentage of responsibility does not matter as long you are not entirely responsible. In action, if the court values all damages in your case at $500,000 and decides that you are both equally responsible for the accident, you can only receive $250,000 of the award.
The process for determining the percentage of fault is complex, but your NY personal injury lawyers can help you understand how the specifics of your accident could affect compensation.
For your accident to qualify for a personal injury lawsuit, it must result in damages, and damages can encompass many variations of loss depending on how serious the accident was and the severity of your injuries.
Generally, there are two types of damages related to personal injuries: compensatory damages and exemplary damages.
Compensatory losses refer to the financial and emotional repercussions of your accident and injuries. The economic damages include:
The emotional repercussions, known as the non-economic damages, are not innately quantified, but New York personal injury lawyers can help you understand how to value these losses.
Examples of non-economic damages include:
Every personal injury accident is unique. If you have questions about the value of your compensatory losses, contact a New York personal injury attorney to learn more about what you can request in your claim.
Exemplary damages, often called punitive damages, are not available in every personal injury lawsuit. Instead, the court reserves these damages for cases where the defendant’s actions displayed gross misconduct or negligence.
For example, a judge may award payment of punitive damages to a plaintiff who lost a loved one in a drunk driving accident. However, the amount is subject to the defendant’s overall wealth.
Therefore, punitive damages in a car accident case may be significantly less than punitive damages in a product liability case involving a large company.
You can hire a personal injury lawyer for any case involving injuries caused by another’s negligence. However, examples of when which you may benefit most from legal representation include:
The most common type of personal injury case involves car accidents, and residents of New York, a no-fault state, often assume that they cannot file a lawsuit against the at-fault driver because of the laws requiring personal injury protection insurance.
However, suppose you suffered severe injuries, such as broken bones or temporary limitation to a bodily function or organ. In that case, you can sue for the non-economic damages not covered under PIP insurance.
At Pyrros, Serres & Rupwani law firm, you can speak to a personal injury attorney about your case with no financial risk. The advantage of letting us handle your case include:
As personal injury attorneys, we understand the heavy burdens that plague victims of negligent action. Our goal is to offer unwavering support and help alleviate those burdens by charging no fees until we secure a settlement or award for you.
Serving Astoria, Queens County, and NYC Borough’s accidents victims for over 30 years. Call our law offices any time of day at (718) 626-7730 for a free consultation or contact us using our online form.
This is a common question, and our attorneys hear it often here at Pyrros, Serres & Rupwani. It’s a good question, too. In short, you don’t necessarily have a viable case just because you’ve been in an accident. For a valid case, you’ll need to prove the other party (a driver or store owner, for instance) acted negligently and that you suffered injuries.
If you’re wondering, “How do I know if I have a personal injury case?” we’re here to help. Below, learn what qualifies as a personal injury claim from a personal injury lawyer in New York.
Assessing eligibility for a personal injury lawsuit is all about negligence. Did the other party act negligently, and did their negligence cause your accident? If so, you may have a viable case.
However, you can’t just point fingers at someone and blame them for your injuries. Your personal injury attorney in New York will have to prove four things to win your case:
The terms “duty of care” and “breach of duty” can be confusing, so let’s go over some examples of what these terms mean in plain English.
If you’re still wondering, “How do I know if I have a personal injury case?” refer to these examples to help with identifying grounds for a personal injury lawsuit.
Car accidents are incredibly common on our roads. More than 6,700 collisions occurred throughout New York City in February 2024 alone.
Here’s an example of a valid car accident case: Charlie stopped at a red light, and moments later, another driver slammed into the back of his car. If Charlie suffered injuries he can sue this driver because they’re clearly at fault.
In New York, you can have a valid case even if you’re partially at fault. The court would simply lower your award by your degree of fault.
Slips, trips, and falls are extremely common. In 2021, 44,686 people perished in falls at work and at home.
Here’s a valid slip-and-fall case example: Michael is at the grocery store. In a nearby aisle, an employee has just finished washing the floor, but they neglect to put up a “wet floor” sign. Michael strolls down this aisle and slips on the slick floor and is injured. He could sue the store for their negligence.
On the other hand, Michael may not have a viable case against the store if the accident was his fault. For instance, if he fell while running in the aisles or entering an employee-only area, he might not have a valid case.
Eleanor owns a dog she describes as “the friendliest puppy ever.” However, the dog has been known to be aggressive at times. The dog snaps one day and bites a child who has reached to pet it. The child’s parents could hold Eleanor liable.
Harry excitedly buys the latest smartphone model. After charging the phone, it becomes so hot to the touch that it severely burns him. Harry may sue the manufacturer for product liability.
Lisa has surgery to remove her appendix. The surgeon who operates on her is exhausted and accidentally leaves a surgical tool inside her body, which she only realizes after waking up in serious pain. Lisa likely has a valid case for medical malpractice.
Construction is an incredibly dangerous industry. In 2019, there were nearly 1,000 recorded construction-related fatalities, 400 of which were due to falls from height.
Construction accidents are tricky because you can’t sue your employer if they have workers’ compensation insurance. But if a third party contributed to the accident, you might have a case against them.
Here’s an example: A subcontractor let David borrow one of his ladders. The ladder wasn’t well maintained, and it injured David when he used it. David could hold the subcontractor liable for his injuries.
With so many high-rise buildings in New York, elevators are everywhere you look. While most are safe, some are accidents waiting to happen.
If an elevator falls with you in it, or if you’re injured in an elevator and the emergency communication system doesn’t work, you could hold the building owner or elevator company liable.
Even if you have a valid personal injury case, you can’t expect the court to just take your word for it. You’ll need strong evidence to win compensation.
Medical records are excellent evidence for all types of personal injury cases. They connect your injuries to the accident and demonstrate how badly hurt you are.
Photos and videos serve as good evidence, too. In a car crash, you should take pictures of all involved vehicles, road debris, weather conditions, and obscured or damaged road signs. For a slip-and-fall accident, take pictures of what caused you to fall.
Still unsure how to determine if you have a personal injury case? Reach out to Pyrros, Serres & Rupwani for guidance. We can also explain common types of personal injury cases, help you collect strong evidence for your claim, and negotiate with the insurance company on your behalf.
To learn about more factors to consider for a personal injury claim, call (718) 626-7730.
The more severe your injuries are, the stronger your personal injury case. For instance, if you’ve suffered a permanent disability, brain damage, or a spinal cord injury, you likely have a strong case. However, you must prove that the defendant’s negligence caused your injury to win the case.
The majority of personal injury cases settle because going to court is costly and time consuming. Neither side wants to spend thousands on attorney’s fees and months in the courtroom. Settling allows both parties to close the case faster and move on with their lives. It also enables the injured party to recover damages more quickly than they would with a trial.
You should ask for an amount that fully covers your damages. Your damages should include things like pain and suffering, loss of past and future earnings and past and future medical expenses. Always ask your attorney to provide you with an explanation regarding how their settlement demand is calculated.
To reject a low settlement offer, have your attorney prepare a letter for the insurance company. In it, state why their offer is too low and provides sound reasoning that backs up your higher demand.
If your settlement offer is too low and you’re wondering, “How do I know if I have a personal injury case?” reach out to Pyrros, Serres & Rupwani.
31-19 Newtown Ave, 5th Floor
Astoria, NY 11102