New York City Personal Injury Lawyers

Helping Injured Victims Secure Maximum Compensation in The Big Apple

New York, NY is a great city to live and visit. Many people have the Big Apple at the top of their Bucket List, and millions of New Yorkers call the city home. Unfortunately, it only takes a single negligent or wrongful act to completely upend a person’s life. If you or a loved one suffered a physical injury or other harm due to the improper acts of others, you might be entitled to substantial financial compensation. A New York City personal injury lawyer may be able to assist.

At Linton Robinson & Higgins, LLP, our legal team is committed to securing compensation for injury victims in New York. We handle cases ranging from minor car accidents to wrongful death claims. We know an unexpected injury can leave you questioning how to move forward. Many people find themselves facing growing medical expenses and other bills at a time when they’re unable to work. We know this can be a scary situation, but we’re here to help.

Contact us today to schedule your free consultation. We’ll help you understand your rights and how to secure maximum compensation.

Do You Have a Valid Personal Injury Claim?

Whether you were involved in a truck accident or suffered a serious injury due to medical malpractice, the success of any personal injury claim will depend upon establishing liability. Experienced New York personal injury attorneys can describe what this means in detail, but simply put, it means your injuries would not have occurred but for the actions of the at-fault party. However, it can sometimes be difficult to establish this fact. That’s because three elements of liability will need to be established. These include:

Duty of Care

Every personal injury case starts out with establishing that a duty of care existed prior to an incident. This is basically a responsibility not to act in such a manner that could cause harm to others. For instance, all motorists are expected to drive safely on New York highways. Similarly, doctors are expected to follow current best practices when caring for their patients.

Violation of Duty

One of the primary goals of your New York personal injury lawyer will be to establish that a violation of duty occurred. This means that the at-fault party failed to uphold its responsibility to avoid actions that could harm others. This could happen if a driver decides to speed or change lanes in an unsafe manner, or perhaps a medical professional prescribed a treatment not yet approved for use.

Harm Causation

People violate duties of care constantly. Any time you see someone speed by you on the highway, they’re essentially acting in a manner that could harm others. However, this only results in personal injury liability if such actions cause harm. This can include serious injuries, physical and emotional pain, financial losses, and other forms of harm.

What Personal Injury Claims Are Entitled to Compensation?

If someone else’s negligence or wrongful acts led to injury, there’s a good chance that the victim may be entitled to compensation. Many people don’t realize it, but this area of law covers nearly all situations where injuries sustained in an incident are linked to another person’s actions. The important thing for victims to do is to seek sound legal advice from NYC personal injury lawyers. This will give you an idea of whether your case qualifies for financial recovery. At Linton Robinson & Higgins, our law firm has handled the following cases and many others:

Car accidents
Truck accidents
Medical malpractice
Slip and fall accidents
Nursing home abuse
Construction site accidents
Zantac litigation
Motorcycle accidents
Premises liability claims
Catastrophic injuries
Wrongful death cases

Personal injury law is a complex legal area. This is why an insurance company will often try to contact victims before they have a chance to hire an attorney. In many instances, they’ll offer personal injury settlements that may seem fair — but in reality, these offers are often far less than victims deserve. Under New York law, you have every right to hold out until a fair settlement is offered — and if such an offer is not forthcoming, the legal process allows you to file litigation and seek compensation in court.

At Linton Robinson & Higgins, we know that these cases can be stressful and complicated. That’s why our team of personal injury attorneys in New York, NY is here to take the burden off your shoulders. From minor slip and fall accidents to serious medical malpractice claims that result in wrongful death, our personal injury firm is here to help. Contact us today for a free consultation.

Personal Injury Lawyers NYC: Why You Do You Need One?

If you’ve been harmed due to someone else’s negligence or wrongful acts, you may think your case is “open and shut.” In such a situation, you might ask yourself why you need an attorney at all. For instance, we can all look at a medical malpractice case caused by an anesthesia mistake and say, “Yes, the anesthesiologist was definitely at fault.” However, it’s important to remember that the law is never as straightforward as we might hope. Simple mistakes can derail a case, and this could leave you dealing with mounting medical expenses and other losses on your own.

Put simply, there are many reasons you should consider hiring NYC personal injury lawyers who can offer sound legal advice:

Legal expertise: When was the last time you filed a lawsuit in court? How many people do you think have handled the discovery process? Most people aren’t even sure how to access a police report after involvement in a car accident. An attorney has the legal knowledge necessary to navigate the justice system in an efficient and confident manner.
Case evaluation: A New York City personal injury attorney can review your case and assess its potential strength. They can help you understand the strengths and weaknesses of your claim, determine its viability, and offer advice on potential outcomes.
Investigation and discovery: Many attorneys have the experience and resources to conduct thorough investigations — often discovering information and evidence that even police officers overlook. From gathering medical records to seeking expert witness testimony, the evidence they discover can prove invaluable to your case.
Legal representation: An attorney can handle all communications on your behalf — ranging from insurance companies to defense lawyers. Your legal counsel can also negotiate settlements on your behalf and represent you in court.
Maximizing compensation: Far too many injury victims accept low settlements under the assumption that they can’t do any better. In many cases, this assumption is damaging and inaccurate. Let your attorney work to maximize financial recovery as you seek compensation.
Meeting deadlines: There are filing deadlines, statutes of limitations, and other time constraints on any New York personal injury case. Your attorney can ensure these deadlines are being met.
Creation of legal strategy: Your attorney can develop a strategic approach tailored to the circumstances of your case. There is no “one size fits all” legal strategy when it comes to personal injury law. Let a skilled professional review the facts of your case, devise effective strategies, and overcome potential limitations.
Peace of mind: Perhaps the biggest advantage of working with a NYC personal injury attorney is the peace of mind that comes with doing so. Rather than arguing with insurance adjusters and worrying about how you’ll pay bills, your lawyer can handle everything on your behalf while you focus on recovery.

Whether you’re local in New York City or seeking national trial lawyers to handle your case, these benefits show how important it is to seek legal counsel. You deserve the best possible chance at securing fair compensation. Unfortunately, insurers have no problem taking advantage of you — and simple missteps can destroy your ability to prove fault in your case. At Linton Robinson & Higgins, we’ll review every aspect of your case and help you understand your options moving forward. And since initial consultations are free of charge, you have nothing to lose by reaching out.

How to Pick the Right Personal Injury Attorney for Your Case?

Finding the best personal injury lawyer for your case can be difficult. After all, you won’t have any problem finding a law firm in the Big Apple — and it’s a near certainty that they’ll all claim that you would benefit from hiring them. If you really want to find effective legal counsel for your New York, NY personal injury case, it’s necessary to do a bit of research. You might come across hundreds of local attorneys in addition to many national trial lawyers, but no matter how many law firms you consider, you should always look for the following:

Experience: Anyone who sustains personal injuries deserves an experienced legal team. There are no doubt plenty of promising rookie attorneys out there, but you want someone with extensive experience to handle your personal injury accident claim. The attorneys at our law firm have more than 50 years of combined experience, and our managing partners have worked together for more than 25 years.
Local experience: If you’ve watched late-night television, you’ve seen commercials of national trial lawyers saying they can handle any car accident lawsuit or wrongful death claim that comes their way. However, these are usually settlement mills with lawyers who don’t take much of an active role in cases. Our law firm has a location right here in New York, NY — so you’re getting a committed local team.
Dedication to clients: Far too many law firms focus on concluding cases as quickly as possible — regardless of whether their clients get a fair outcome. For instance, a less scrupulous New York City personal injury lawyer may accept the first settlement offer following a motor vehicle accident. This is crazy since an injury victim could have done this on their own! We take a more dedicated approach to our clients. We’re ready to fight in court if a settlement isn’t fair.
Trial attorney: Many people are surprised to learn that some law firms don’t take cases to trial. Their attorneys focus instead on securing settlements — sometimes not even bothering to fight for higher compensation. This is inappropriate and completely unprofessional. At Linton Robinson & Higgins, our local attorneys have all taken New York personal injury cases to trial. When an insurance company refuses to treat you fairly, we’re not afraid to hold them accountable in court.
Technology-focused: Technology is changing the world. For instance, a medical treatment that would have been routine just a decade ago may now result in a medical malpractice claim due to recent discoveries. Technology has also had a massive effect on the legal world, and that’s why our law firm utilizes the newest and most innovative technologies to secure favorable outcomes on behalf of our clients.
Continuously learning: The legal system is dynamic and ever-changing. An attorney can’t simply pass the bar and then stop learning. At Linton Robinson & Higgins, our personal injury attorneys stay abreast of all the latest legal developments. It’s not uncommon to find a copy of the New York Law Journal on our desks — or to come in for a consultation with an attorney who just spent hours researching how new laws affect our clients.
Contingency fee basis: When you seek out a NY personal injury lawyer, you want to find someone who works on a contingency fee basis. This means your attorney will not get paid unless they’re able to secure financial compensation on your behalf. This is particularly important in a New York personal injury lawsuit — because legal fees could grow quickly considering the work that goes into litigation. However, you won’t pay a dime if Linton Robinson & Higgins isn’t successful in your case.
Consultation fees: New York City is an expensive city to live in. Unfortunately, this means you may come across personal injury attorneys who will only discuss your case if you pay a fee. We don’t think anyone should have to pay to simply learn more about their rights and chances at compensation. That’s why you can speak with a New York personal injury attorney at our law firm for free during your initial consultation. Contact us today to learn more.

Whether you’re involved in a medical malpractice case or want to file a premises liability claim — or any case in between — you need an attorney who is committed to helping you succeed. Personal injury law is rarely straightforward — particularly in New York City where state laws can shape the outcome of cases in unique ways. Fortunately, you don’t have to go through this alone. If you or a family member have been harmed due to someone else’s negligence, contact us today to schedule your free case evaluation. We’re ready to assist.

What Damages Are Available in Personal Injury Cases?

The average personal injury settlement is a difficult thing to pinpoint. That’s because compensation can vary significantly based on the unique circumstances of a case. However, the one constant is that most personal injury cases are resolved via settlement negotiations. New York personal injury lawsuits are rarely necessary — especially when you have an experienced attorney negotiating a fair settlement on your behalf. However, litigation will sometimes become necessary.

If this is required in your case, you may be able to recover the following damages in a personal injury lawsuit:

Economic Damages

Also known as special damages, economic damages focus on reimbursing injured victims for their financial losses. For instance, consider minor leg injuries and what they could mean for a person. In addition to mounting medical bills, a victim could face lost wages, physical therapy costs, property damage, transportation costs for treatment, and many other financial losses. Economic damages are meant to compensate for these losses.

Non-economic Damages

Also known as general damages, non-economic damages are meant to reimburse someone for non-financial losses. For instance, we see injury victims dealing with pain and suffering, emotional distress, and other non-monetary losses in all our practice areas. It’s difficult to put a price on extreme pain, losing enjoyment in life, and mental anguish. However, a New York personal injury lawyer at our law firm will fight to ensure you’re properly compensated for such losses.

Punitive Damages

Not all damages in New York, NY personal injury cases are meant to reimburse injury victims. In particularly egregious cases, the courts may award additional punitive damages as a form of punishment on the defendant. For instance, what if a manufacturer knowingly released defective medical devices — or what if a workplace accident was caused by a third party who intentionally tried to harm you? In these and other instances, it may be possible to secure punitive damages.

How Does Fault Work in New York State?

New York State practices pure comparative negligence in personal injury cases. This means that personal injury damages are divided among all liable parties. For instance, envision a scenario where a driver swerves to avoid a pothole that the state had negligently failed to fix. If that driver was speeding, it would be easy to lose control. When someone was injured in a resulting accident, a court may decide that the state authorities were 50% at fault for the accident and the other driver was 50% at fault. If a court award of $1 million is granted, each party would have to pay $500,000.

However, it’s worth noting that injury victims can also share liability in their accidents. For instance, what if you were the speeding driver who lost control after encountering a massive pothole? If the court decided that you were 50% at fault, you’d still be able to recover the other 50% of the damages (i.e., $500,000). In fact, New York law allows injury victims to recover compensation even if they’re mostly at fault. Our state is one of the few that offers this opportunity, so it’s critical that you don’t make assumptions about your case. Contact our law firm to learn more.

Contact a Personal Injury Lawyer in New York City

Personal injury law in New York State can get complicated. Following a serious injury, you may find yourself dealing with an insurance company that claims to have your best interests in mind. However, this is rarely the case — even if it’s your insurer that you’re dealing with. The simple fact is that insurance adjusters and negligent parties have the same primary goal: avoid paying you what you deserve. Fortunately, there are legal professionals ready to fight to prevent this from happening. If you’ve been harmed in New York City, it’s time to seek legal assistance.

At Linton Robinson & Higgins, LLP, we know that dealing with a personal injury case can be stressful and daunting. We understand what you’re going through, so don’t hesitate to reach out to us today. We understand how important it is to secure compensation quickly, but we’ll never let this focus result in you being taken advantage of. You need a personal injury lawyer in New York City who cares, and that’s exactly what you’ll find at our law firm. Contact us at (332) 241-9036 to schedule your free consultation. We’ll help you understand all your options.