Understanding Lost Wages & Earning Capacity: A Comprehensive Guide

If you’ve been involved in a personal injury incident in New York, you may be faced with a myriad of challenges. Medical bills, ongoing treatment, and emotional stress are just the tip of the iceberg. One of the most overlooked but crucial aspects you need to consider is the impact on your income, both now and in the future. This comprehensive guide aims to shed light on two critical financial areas affected by personal injury cases: Lost Wages and Earning Capacity. Understanding these elements is crucial for ensuring you receive the full compensation you deserve. If you’re navigating this complex legal terrain, don’t hesitate to consult NYC personal injury attorneys. For expert advice tailored to your situation, call us today at (646) 647-3398.

Key Takeaways

  1. Definitions Matter: Lost wages cover earnings missed after an injury, while lost earning capacity pertains to future income loss.
  2. Evidence Required: Medical records and employment history are critical to substantiating your lost wages claim in New York.
  3. Time Sensitivity: New York generally allows three years from the accident date to file a personal injury claim.
  4. Legal Representation: A qualified NYC personal injury attorney is crucial for navigating the complexities of lost wages and earning capacity claims.
  5. For personalized advice and representation, call us today at (646) 647-3398.

Legal Definitions

Lost Wages: In the context of New York personal injury cases, lost wages refer to the earnings you have lost as a direct result of your injury from the time of the incident to the present. This can include salary, hourly wages, overtime, bonuses, and even missed opportunities for promotion. Lost wages are typically easier to quantify as they rely on existing records and past history.

Earning Capacity: Lost earning capacity is a broader term that encompasses your diminished ability to earn income in the future due to the injuries sustained. Unlike lost wages, lost earning capacity is not solely based on your historical earnings. Several factors are considered, such as age, skill set, education, work history, and the industry you work in. Calculating lost earning capacity often involves expert opinions, such as vocational assessments and medical evaluations, to estimate the financial impact of your injuries on your future earning potential.

New York State-Specific Nuances: New York law has its own set of regulations and statutes that can impact your ability to claim lost wages and lost earning capacity. For example, the state operates under a “comparative negligence” system, which means that your compensation could be reduced proportionally if you are found partially responsible for the accident. This can affect the amount you may claim for lost wages and earning capacity.

Understanding these legal definitions is the foundation for successfully navigating lost wages and earning capacity in a New York personal injury claim. For personalized advice on how these definitions apply to your specific case, don’t hesitate to call us at (646) 647-3398.

How Can The Orlow Firm Help Maximize My Case?

Expert Legal Counsel: Our experienced New York personal injury attorneys specialize in cases involving lost wages and lost earning capacity, among other types of personal injury claims. We understand the nuances and complexities of New York law and can guide you through every step of the legal process.

Comprehensive Case Evaluation: We offer a detailed initial assessment to understand the specifics of your case, ensuring that all angles are considered for maximum compensation.

Strong Negotiation Tactics: We have a proven track record of successfully negotiating with insurance companies to get you the settlement you deserve, often without needing to go to trial.

Vast Network of Experts: Our firm collaborates with medical professionals, vocational analysts, and financial experts to substantiate your claim, thereby enhancing your chances of receiving fair compensation for lost wages and lost earning capacity.

Thorough Evidence Gathering: We take the time to collect all necessary documents, records, and testimonials to build a strong case, from pay stubs to medical records and expert opinions.

Litigation Support: If your case does go to trial, our skilled litigators are prepared to represent you vigorously, leveraging years of courtroom experience to advocate for your rights.

No Upfront Fees: We operate on a contingency fee basis, which means you pay nothing unless we win your case. This allows you to focus on your recovery without the stress of legal fees.

Ongoing Communication: We prioritize client communication and will keep you updated on all developments in your case, ensuring that you’re never in the dark about your own legal situation.

The challenges of navigating a lost wages or lost earning capacity claim in a New York personal injury case can be overwhelming. Don’t risk your chances of receiving the compensation you are entitled to. For expert legal advice tailored to your specific circumstances, contact The Orlow Firm at (646) 647-3398 today.

Types of Personal Injury Cases Where Lost Wages Apply

Car Accidents: One of the most common types of personal injury cases in New York, car accidents often lead to significant injuries that prevent victims from returning to work for an extended period. Lost wages can be a crucial part of your compensation in such cases.

Slip and Fall Accidents: Whether it happens in a public space or private property, slip and fall accidents can cause serious injuries like fractures or head trauma, leading to time off work and, consequently, lost wages.

Medical Malpractice: Cases involving medical negligence, such as misdiagnosis or surgical errors, can have long-lasting impacts on your health and your ability to work. Lost wages can be claimed in addition to damages for pain and suffering.

Work-Related Injuries: While worker’s compensation often covers work-related injuries, there might be situations where a third-party’s negligence is involved, allowing for a personal injury claim where lost wages could be recovered.

Defective Products: If a product you used was defective and caused you injury, the time you spend recovering could make you eligible for lost wages as part of your personal injury claim.

Pedestrian and Bicycle Accidents: These accidents often result in severe injuries, including broken bones, spinal injuries, and traumatic brain injuries, affecting your ability to earn. Lost wages become an essential component of the compensation in these cases.

Assault and Battery: Though primarily criminal cases, victims of assault and battery can also file personal injury claims to recover lost wages if the incident led to time away from work.

Each of these types of personal injury cases has unique aspects that can affect your ability to claim lost wages. In New York, the specific circumstances of the incident, the severity of your injuries, and your employment situation will all play a role. If you’re unsure whether your case qualifies for lost wage compensation, consult with New York personal injury attorneys by calling (646) 647-3398.

How to Calculate Lost Wages

Salary/Wages: The most straightforward way to calculate lost wages is to look at your salary or hourly wage. Multiply your hourly rate by the number of hours you typically work per week, and then by the number of weeks you’ve been unable to work due to your injury.

Bonuses and Tips: If your income includes variable components like bonuses or tips, these should also be considered when calculating lost wages. You’ll need to average out your past bonuses and tips over a reasonable period, and then add that average to your regular salary or wages.

Benefits: Don’t forget about non-monetary benefits like health insurance, retirement contributions, and other perks that you missed out on while unable to work. The value of these benefits can be added to your lost wages claim.

Self-Employment Income: If you’re self-employed, the calculation becomes a bit more complicated. You’ll typically look at your net business income, subtracting your business expenses from your total revenue. This can be averaged over the months or years leading up to the accident to find a reasonable estimate of lost income.

Sick Leave and Vacation Days: If you used sick leave or vacation days to cover the time you missed from work, you could still claim these as lost wages. The reasoning is that you were forced to use these days due to your injury and therefore lost them.

Overtime: If you consistently worked overtime before your injury and have records to prove it, this can also be included in your lost wages calculation.

Periods of Unemployment: If your injury resulted in an extended period of unemployment that goes beyond your immediate recovery period, it’s important to consider how this affects your lost wages. You may need to look at the average time it takes someone in your industry to find a new job and calculate lost wages accordingly.

Calculating lost wages in a New York personal injury case can be a complicated process that varies greatly depending on individual circumstances. Missing out on even one element could result in you receiving less compensation than you’re entitled to. For a thorough evaluation of your lost wages, consult with experienced NYC personal injury attorneys. Call us today at (646) 647-3398 for a detailed consultation.

How to Calculate Lost Earning Capacity

Projected Career Span: The first step in calculating lost earning capacity is understanding your expected career span, factoring in retirement age and any industry-specific norms.

Current Earnings: This serves as the baseline for calculating future earning capacity. This is not just your salary but also includes bonuses, tips, and any other forms of compensation.

Skill Level and Education: Your skill set and education level directly influence your earning capacity. Special certifications, advanced degrees, or specialized skills can significantly increase the projected earnings you may lose due to an injury.

Rate of Income Growth: Account for the natural growth of income over time. This can be based on past raises, promotions, or industry standards for income growth.

Vocational Assessments: In some cases, a vocational expert may be consulted to assess your employability in your current field or other fields you might switch to. This can be essential if the injury prevents you from continuing in your current job role.

Medical Evaluations: Medical experts can offer input on the long-term implications of your injuries, including how they may affect your ability to work in your current job or any job altogether.

Inflation Rate: Future earning capacity must be adjusted for inflation. The rate used may vary, but it’s an essential factor to include for a long-term estimate.

Discount to Present Value: This is a legal and economic concept where future earnings are discounted to their present value. This reflects the idea that a dollar today is worth more than a dollar in the future due to investment opportunities.

Calculating lost earning capacity is more complex than lost wages because it involves projecting future events and accounting for variables like inflation and career growth. Due to this complexity, it’s often necessary to consult experts like economists, vocational assessors, and medical professionals to build a convincing case. If you believe your injury has affected your future earning capacity, consulting with New York personal injury attorneys is crucial. Reach out to us at (646) 647-3398 for an exhaustive evaluation.

Evidence Required for Claiming Lost Wages and Earning Capacity

Pay Stubs and Salary Records: One of the most straightforward pieces of evidence for lost wages are your pay stubs or salary records. These documents can establish your regular rate of pay, hours worked, and any bonuses or tips earned.

Employment Verification: A letter from your employer confirming your employment status, job role, salary, and the time you’ve missed from work due to the injury can be a strong piece of evidence.

Tax Returns: Particularly useful for self-employed individuals, tax returns can provide an overview of your annual earnings and help substantiate your claim for both lost wages and lost earning capacity.

Medical Records: These are vital to prove that your injury was severe enough to prevent you from working. Records should include details of your treatment, prognosis, and any recommendations for time off work.

Expert Testimony: For lost earning capacity claims, expert testimony often becomes necessary. Vocational experts can assess your ability to work, while medical experts can speak on the long-term implications of your injuries on your career. Financial experts may also be consulted to provide a detailed economic analysis.

Witness Statements: While not as strong as other forms of evidence, statements from coworkers, family, or friends can corroborate your claim, particularly if they can attest to your work habits, hours, and any career growth or opportunities missed due to the injury.

Contracts and Agreements: If you were under a contractual obligation for a particular job or project that you could not complete due to your injuries, these contracts can be used to establish lost income.

Sick Leave and Vacation Records: If you used paid time off to recover, records showing the depletion of your sick leave or vacation days can be submitted as evidence for lost wages.

Collecting comprehensive evidence is essential for substantiating your claim for lost wages and lost earning capacity in a New York personal injury case. Missing even one piece of evidence could severely impact the compensation you may be entitled to. For detailed guidance on collecting and presenting your evidence, consult experienced NYC personal injury attorneys. Call us now at (646) 647-3398.

Statute of Limitations in New York for Personal Injury Claims

Three-Year Time Limit: In New York, the general statute of limitations for personal injury claims is three years from the date of the accident. This means you have a three-year window to file your lawsuit, including claims for lost wages and lost earning capacity.

Medical Malpractice Exceptions: In cases involving medical malpractice, the statute of limitations is typically two and a half years from the date of the malpractice or from the end of continuous treatment rendered by the party you intend to sue.

Claims Against Government Entities: If your claim is against a government entity in New York, like the city or state, you have a much shorter timeframe to file a notice of claim—generally within 90 days of the incident.

Discovery Rule: For injuries that are not immediately apparent, New York law allows the statute of limitations to start from the date the injury was discovered or should have been discovered with reasonable diligence.

Claims on Behalf of Minors: If the injured party is a minor, the statute of limitations usually does not begin until the child turns 18, although there are exceptions and complexities to consider, especially in medical malpractice cases.

Tolling for Mental Incapacity: The statute of limitations may be tolled (paused) if the injured party is mentally incapacitated. Once mental capacity is regained, the standard statute of limitations will typically apply.

Wrongful Death: In the case of wrongful death claims, the statute of limitations is two years from the date of the decedent’s death.

Understanding the statute of limitations is critical in any personal injury claim, including those involving lost wages and lost earning capacity. Failure to file your claim within the appropriate timeframe can result in the loss of your right to seek any compensation. Don’t let time run out on your opportunity for justice; consult New York personal injury attorneys for your lost wages and earning capacity claims. Call us today at (646) 647-3398.

Pitfalls to Avoid

Delaying Medical Treatment: Waiting too long to seek medical treatment can not only harm your health but also weaken your personal injury claim. Immediate medical records serve as key evidence in substantiating your lost wages claim.

Ignoring Doctor’s Orders: Not following your healthcare provider’s advice and treatment plan can be seen as an indication that your injuries are not severe, jeopardizing your claims for lost wages and lost earning capacity.

Incomplete Documentation: Failing to maintain thorough records of your earnings, medical treatments, and other related expenses can make it difficult to prove your claim. Always keep all relevant paperwork and documentation.

Settling Too Early: Accepting a quick settlement offer may seem tempting, but it may not cover your long-term lost wages or earning capacity. Always consult with a lawyer before agreeing to any settlement.

Ignoring Legal Deadlines: Missing the statute of limitations deadline will lead to your case being dismissed, regardless of its merits. Always be aware of and adhere to these critical legal timelines.

Navigating a personal injury claim for lost wages and lost earning capacity can be complex and fraught with pitfalls. An error at any stage of the process could jeopardize your chance of securing adequate compensation. To ensure that your claim is handled correctly from start to finish, consult with experienced New York personal injury attorneys. For a comprehensive evaluation of your case, call us at (646) 647-3398.

Frequently Asked Questions

What Are Lost Wages?: Lost wages refer to the income you lose as a direct result of being unable to work due to an injury. This can include your regular salary, hourly wages, tips, and even benefits like vacation days that you were forced to use.

How Are Lost Wages Different from Lost Earning Capacity?: While lost wages cover the income lost from the time of the injury to the point of maximum medical improvement, lost earning capacity refers to the long-term loss of ability to earn money due to the injury.

Do I Need a Lawyer to Claim Lost Wages?: While it’s technically possible to file a claim for lost wages on your own, the process can be complicated and requires thorough documentation. Legal expertise is often crucial for maximizing your compensation.

What Evidence Do I Need for a Lost Wages Claim?: Essential evidence includes employment verification, pay stubs, tax records, and medical documentation that clearly shows the extent of your injuries and the recommended recovery time.

What If I’m Self-Employed?: If you’re self-employed, lost wages can still be claimed, but the process is more complicated. You will generally need to show a history of your earnings through tax returns, client invoices, and financial statements.

Is There a Time Limit to File a Claim in New York?: Yes, the general statute of limitations for personal injury claims, including lost wages and lost earning capacity, is three years from the date of the accident.

Each personal injury case involving lost wages and lost earning capacity is unique and often requires specialized legal advice for the best outcome. If you have more questions about your specific situation, consult with NYC personal injury attorneys who can guide you through the complexities of the law. Call us today at (646) 647-3398.

Why Choose The Orlow Firm?

At The Orlow Firm, we bring specialized expertise in personal injury cases to the table, particularly in claims involving lost wages and lost earning capacity. Our seasoned New York personal injury attorneys have a proven track record of successfully navigating the complexities of the legal system to secure maximum compensation for our clients. Our client-centric approach ensures that you’re not just another case number; we take the time to understand your specific circumstances, concerns, and objectives. With access to an extensive network of experts—from medical professionals to financial analysts—we’re well-equipped to build a compelling case for you.

We understand that pursuing a personal injury claim can be both emotionally and financially taxing. That’s why we operate on a contingency fee basis, meaning you only pay if we win your case. We also maintain multiple convenient locations across New York City, ensuring easy access for our clients. But what sets us apart the most is our commitment to ethical practices and transparent communication. We believe that keeping you informed and involved in your case is key to achieving the best possible outcome.

For a law firm that combines experience, specialization, and an unwavering commitment to client satisfaction, look no further than The Orlow Firm. To discuss how we can help maximize your personal injury claim for lost wages and lost earning capacity, call us today at (646) 647-3398.

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Understanding Emotional Distress in New York Personal Injury Cases: What You Need to Know

Emotional distress is a term that many of us have heard but may not fully understand, especially in the legal context of a personal injury case. In New York, emotional distress can play a significant role in determining the extent of your damages and the compensation you may receive. This blog post aims to shed light on what emotional distress is, how it’s treated under New York law, and how you can potentially include it as part of your personal injury claim. Navigating the complexities of emotional distress can be challenging, but understanding its relevance can offer you a more comprehensive view of your legal options.

Key Takeaways

  • Emotional distress can be an important part of your personal injury claim in New York, potentially increasing the amount of your compensation.
  • Understanding how New York law addresses emotional distress can provide you with crucial insights into your case and the types of damages you may be eligible for.
  • Call (646) 647-3398 For A Free Case Evaluation

What is emotional distress?

Emotional distress refers to the psychological impact suffered by an individual due to a traumatic event, negligence, or intentional wrongdoing by another party. In a personal injury context, emotional distress is considered a non-economic damage, meaning it’s not easily quantifiable like medical bills or lost wages. Examples include feelings of humiliation, anxiety, depression, or extreme fear. In some cases, emotional distress can be so severe that it impacts a person’s daily life and well-being, requiring psychological or psychiatric treatment.

How The Orlow Firm Can Help You Maximize Your Emotional Distress Compensation

Emotional distress claims can be complex and challenging to prove in a court of law. At The Orlow Firm, our experienced New York City personal injury attorneys are skilled in navigating the intricacies of emotional distress claims. We start by thoroughly investigating the circumstances surrounding your case, gathering evidence that can substantiate your emotional suffering. This can include medical records, witness testimonies, and expert evaluations.

Furthermore, we are adept at articulating the psychological and emotional impact of the distress in legal terms, making it more likely for you to receive the compensation you deserve. Our lawyers will guide you through the complicated legal process, ensuring that all required paperwork is filed accurately and on time, which is critical in New York’s stringent legal environment. With our help, you can maximize your chances of receiving a fair and comprehensive settlement or award that fully compensates you for both your physical and emotional injuries.

If you believe you have a valid emotional distress claim, don’t hesitate to Call (646) 647-3398 For A Free Case Evaluation.

What Can Victims of Emotional Distress Be Compensated For

In a New York personal injury case involving emotional distress, victims may be eligible for various types of compensation. These can include:

  • Medical Expenses: Costs for psychological or psychiatric treatment, counseling sessions, and medication related to treating the emotional distress.
  • Pain and Suffering: Compensation for the emotional and psychological discomfort you have endured due to the event that caused the emotional distress.
  • Lost Wages: If your emotional distress has prevented you from working or has otherwise impacted your earning capacity, you may be eligible for compensation for lost wages.
  • Quality of Life: Reduced enjoyment of life or limitations on daily activities can also be factors in determining the amount of compensation you may receive.
  • Punitive Damages: In some cases, if the emotional distress was caused intentionally or through extreme negligence, you may be entitled to punitive damages, designed to punish the offender and deter similar conduct in the future.

Determining the extent of compensation often requires professional evaluations and detailed documentation. Therefore, it is crucial to consult experienced personal injury attorneys like those at The Orlow Firm to guide you through this complex process. Call (646) 647-3398 For A Free Case Evaluation.

Who’s Legally Liable for Causing Emotional Distress in New York

The liability for causing emotional distress can fall on various parties, depending on the circumstances surrounding the case. These parties can include:

  • Individuals: In cases of intentional infliction of emotional distress, the person who acted egregiously or recklessly could be held liable.
  • Employers: In workplace scenarios, an employer may be held liable if they or their employees caused emotional distress through harassment, discrimination, or extreme negligence.
  • Business Entities: Companies can be liable if their actions or policies lead to widespread emotional distress, such as in cases of consumer fraud or harm caused by defective products.
  • Medical Professionals: Doctors or healthcare providers may be liable if their negligence causes emotional distress, such as a misdiagnosis leading to unnecessary emotional suffering.
  • Government Agencies: In some instances, public entities could be held responsible for emotional distress, like in cases of police misconduct.

Determining liability in emotional distress cases in New York can be complex and may require an in-depth investigation, including gathering evidence, witness interviews, and expert testimony. For a thorough evaluation of your case and to identify the parties that could be held liable for your emotional distress, consult with The Orlow Firm. Call (646) 647-3398 For A Free Case Evaluation.

Common Types of Emotional Distress Injuries

Emotional distress can manifest in various ways, affecting different aspects of an individual’s mental and emotional well-being. Here are some of the common types of emotional distress injuries:

  • Anxiety: Excessive worry or fear that interferes with daily activities.
  • Depression: Persistent feelings of sadness, hopelessness, and lack of interest in daily activities.
  • Post-Traumatic Stress Disorder (PTSD): Chronic psychological issues stemming from a traumatic event, which could include flashbacks, nightmares, and severe anxiety.
  • Insomnia: Difficulty falling asleep or staying asleep, which can lead to additional health issues.
  • Phobias: Extreme or irrational fears related to specific objects or situations that lead to avoidance behavior.
  • Panic Attacks: Sudden episodes of intense fear or anxiety that may include trembling, shaking, and difficulty breathing.
  • Obsessive-Compulsive Disorder (OCD): Persistent, unwanted thoughts (obsessions) that lead to repetitive behaviors (compulsions).

Understanding the specific emotional distress injury you’re suffering from can help you and your legal team build a more compelling case. If you’re experiencing any of these types of emotional distress due to someone else’s negligence or intentional wrongdoing, it’s crucial to consult experienced personal injury attorneys like those at The Orlow Firm. Call (646) 647-3398 For A Free Case Evaluation.

Common Scenarios Leading to Emotional Distress in NYC Personal Injury Cases

Emotional distress can arise from a variety of scenarios, particularly in the bustling environment of New York City. Some common situations include:

  • Car Accidents: The trauma of being involved in a vehicular accident can lead to long-term emotional distress.
  • Medical Malpractice: Emotional distress can result from negligent medical care, such as a misdiagnosis, surgical error, or mistreatment.
  • Workplace Harassment: Discrimination, bullying, or sexual harassment at work can lead to severe emotional and psychological damage.
  • Wrongful Death: The loss of a loved one due to someone else’s negligence can cause extreme emotional distress.
  • Slip and Fall Accidents: Beyond physical injuries, a slip and fall can lead to emotional trauma, especially if it happens in a public place, leading to embarrassment and ongoing fear of similar incidents.
  • Dog Attacks: Being attacked by an aggressive animal can lead to lasting emotional trauma, including a fear of animals or going outside.
  • Product Liability: Harm caused by defective or dangerous products can also result in emotional distress, especially if the harm was severe or involved children.
  • Assault and Battery: Physical attacks can lead to both physical injuries and emotional distress.

If you find yourself in any of these situations and are experiencing emotional distress, consult with qualified personal injury attorneys to assess your case. The Orlow Firm specializes in handling various types of emotional distress cases and can guide you through the complex legal landscape of New York personal injury law. Call (646) 647-3398 For A Free Case Evaluation.

Relevant Laws Governing Emotional Distress Claims in New York

Emotional distress claims in New York are generally governed by personal injury law and can fall under either intentional infliction of emotional distress or negligent infliction of emotional distress.

  • Intentional Infliction of Emotional Distress: This claim requires the plaintiff to prove that the defendant’s conduct was extreme and outrageous, intentionally or recklessly causing severe emotional distress.
  • Negligent Infliction of Emotional Distress: This type of claim focuses on whether the defendant should have reasonably foreseen that their actions would lead to emotional distress. This is often more challenging to prove than intentional infliction.

New York law also allows for the “zone of danger” rule, permitting plaintiffs to recover for emotional distress if they were in immediate physical danger because of the defendant’s actions, even if they did not suffer physical injury.

Please note that emotional distress claims can be subject to various defenses, like statute of limitations or comparative negligence, making them complex to navigate.

Understanding these laws and how they apply to your specific case can be intricate and confusing. For a comprehensive understanding of your emotional distress claim, consult with The Orlow Firm’s experienced personal injury attorneys in New York City. Call (646) 647-3398 For A Free Case Evaluation.

Why Choose The Orlow Firm

When it comes to emotional distress claims in New York, the legal landscape can be challenging to navigate. Here’s why choosing The Orlow Firm can make all the difference in your case:

  • Experienced Attorneys: Our team of personal injury lawyers specializes in handling emotional distress claims, offering you the expert guidance you need.
  • Personalized Approach: We understand that every case is unique, and we provide tailored legal strategies to meet your specific needs.
  • Thorough Investigation: We go the extra mile in investigating the circumstances of your claim, gathering all necessary evidence and expert testimony.
  • No Win, No Fee: We operate on a contingency fee basis, meaning you don’t pay unless we win your case.
  • Client-Focused: Our priority is you. We offer free case evaluations and are available for consultation at any time, ensuring that you’re kept in the loop throughout the legal process.
  • Proven Track Record: Our history of successful emotional distress claims speaks for itself, positioning us as a trusted name in New York personal injury law.

When you’re facing the emotional and psychological toll of an emotional distress case, you want a law firm that understands not just the legal nuances but also the human aspects of what you’re going through. At The Orlow Firm, you’re not just another case; you’re a person deserving of justice and fair compensation. Call (646) 647-3398 For A Free Case Evaluation.

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What Medical Expenses are Covered in a Personal Injury Case?

If you’ve been injured in an accident, you’re likely facing a multitude of challenges, one of which is the looming stack of medical bills. Navigating the complex landscape of medical expenses while dealing with physical and emotional pain can be overwhelming. This is where understanding what medical expenses are covered in a personal injury case becomes crucial. Our team at The Orlow Firm is well-versed in personal injury law in New York, and we’re here to guide you through what compensation you might be entitled to, specifically when it comes to your medical bills.

Key Takeaways

  • Understanding the types of medical expenses that are often covered can ease the financial burden of an injury.
  • Keeping accurate records and documentation is vital for maximizing your compensation.
  • Call (646) 647-3398 For A Free Case Evaluation

Immediate Medical Costs: What’s Covered Right After an Accident

The moments following an accident are often chaotic and stressful. Amidst the confusion, immediate medical attention may be required. It’s essential to know that these initial medical costs can usually be included in your personal injury claim. Let’s explore what some of these immediate costs often entail.

Emergency Room Visits: Upon experiencing an injury, one of the first places you may find yourself is the emergency room. ER visits can be expensive, often involving multiple tests, immediate treatments, and possibly even surgical procedures. These costs can quickly add up and are typically recoverable in a personal injury case.

Ambulance Fees: If your condition is serious, you might have no choice but to take an ambulance to the hospital. The cost of an ambulance ride can be surprisingly high and often isn’t fully covered by health insurance. Rest assured, these fees can also be claimed as part of your personal injury compensation.

Ongoing Treatment Costs: What to Expect in the Long-Term

Accidents often result in injuries that require more than just immediate medical attention; they necessitate ongoing care to fully recover or manage symptoms. Knowing that these extended treatment costs can also be included in a personal injury case can provide peace of mind. Here are some examples of ongoing treatment costs that are commonly covered.

Physical Therapy: Physical therapy is often necessary for injuries involving muscles, bones, and joints. These sessions can last for weeks, months, or even longer, depending on the severity of the injury. The costs of these treatments are usually included in personal injury claims.

Rehabilitation Programs: Certain injuries may require specialized rehabilitation programs for a more comprehensive recovery. Whether it’s occupational therapy, speech therapy, or cognitive rehabilitation, the expenses related to these programs can be claimed in a personal injury case.

Prescription Medication: Medication costs are another significant part of ongoing medical expenses. Pain relievers, antibiotics, or other types of prescription drugs are often essential for recovery and their costs can be added to your compensation claim.

Medical Supplies: From crutches to braces to specialized cushions, medical supplies can be indispensable but also expensive. These out-of-pocket costs are usually recoverable in a personal injury lawsuit.

Psychological Counseling: The emotional and mental toll from an accident should not be underestimated. Counseling or therapy sessions can be a crucial part of the recovery process and their costs can often be included in a personal injury claim.

Chiropractic Care: For some individuals, chiropractic care serves as an effective treatment for managing pain and improving mobility after an accident. These services can also be included in your claim for ongoing medical expenses.

Assisted Living Facilities: In severe cases, victims may require long-term care in an assisted living facility or a similar institution. These costs can be extraordinarily high and are generally included in the scope of compensation in serious injury cases.

Misc Medical Expenses: Other Costs to Consider in a Personal Injury Case

In addition to immediate and ongoing treatment costs, there are various other medical expenses that may arise during the course of your recovery. While these may not be the first costs you think of, they are essential and often recoverable in a personal injury case.

Diagnostic Tests like MRI, X-rays, CT scans: These tests are frequently necessary for accurately diagnosing injuries and planning the appropriate treatment. Their costs can be substantial and should be included in your compensation claim.

Surgical Procedures including Minor and Major Surgeries: Whether it’s setting a broken bone or undergoing a complex surgical operation, these procedures can be costly. Your personal injury claim should account for both minor and major surgical costs.

Home Modifications like Wheelchair Ramps: In some cases, your home may need to be modified to accommodate mobility limitations. Expenses for installations like wheelchair ramps or handrails can usually be claimed in a personal injury case.

Out-of-Pocket Expenses including Bandages, Crutches, Heating Pads: Small items like bandages or crutches may seem inconsequential but can add up. Save all receipts for such out-of-pocket expenses, as they can be included in your claim.

Travel Expenses like Transportation to and from Medical Appointments: While often overlooked, the cost of getting to and from medical appointments can be significant, especially if specialized care is required at a distant facility. These travel expenses can also be included in your personal injury compensation.

The Role of Health Insurance: Navigating Coverage in Personal Injury Cases

Health insurance can play a significant role when it comes to covering medical expenses after an accident. However, how it interacts with your personal injury claim can be complex and often confusing. Here’s what you need to know.

How Health Insurance May Cover Some Expenses: Initially, your health insurance may cover the medical costs arising from the accident. This can be beneficial in ensuring that you receive timely medical care without worrying about immediate out-of-pocket expenses.

Subrogation Rights: It’s crucial to be aware of your health insurance provider’s subrogation rights. In simple terms, this means that if you receive a settlement or judgment in a personal injury case, your health insurance company may seek reimbursement for the medical costs they’ve covered.

Coordination with Personal Injury Claims: Your personal injury attorney can help coordinate between your health insurance and your personal injury claim. This can be instrumental in maximizing your net compensation after insurance reimbursements.

Coverage Gaps: Your health insurance may not cover all types of medical care you may need, such as certain rehabilitation programs or specialized treatments. These gaps can often be filled by a successful personal injury claim.

Out-of-Network Costs: If you had to seek emergency medical care that was out-of-network, these costs might not be fully covered by your insurance. However, they can usually be claimed in a personal injury case.

Importance of Documentation: The Key to Maximizing Your Compensation

In a personal injury case, documentation serves as the bedrock upon which your claim is built. It provides the tangible evidence needed to prove the extent and nature of your injuries, the costs incurred, and other losses suffered. Proper documentation can make or break your case. Here’s why it’s crucial:

Medical Records: Always request copies of all medical records related to your injuries, including doctor’s notes, diagnoses, treatment plans, and medical bills. These documents provide the evidence necessary to substantiate your medical expenses.

Receipts and Invoices: Keep every receipt and invoice related to your medical care, including prescription medications, medical supplies, and even travel expenses for medical appointments. These small costs add up and should be included in your claim.

Photographic Evidence: Photographs of your injuries, the accident scene, and any property damage can serve as powerful visual evidence. They can help paint a clear picture of the severity of the incident and its aftermath.

Witness Statements: Collect names and contact information of any witnesses to the accident. Their accounts can be valuable in corroborating your version of events.

Timeline and Journals: Keep a detailed timeline of your treatment and how your injuries have affected your daily life. A pain and suffering journal can help quantify non-economic damages like emotional distress and loss of enjoyment of life.

How The Orlow Firm Can Help Maximize Your Case

Navigating the complexities of a personal injury claim can be daunting, especially when you’re already dealing with the physical and emotional toll of an accident. That’s where The Orlow Firm steps in. Our team of seasoned NYC Personal Injury Lawyers will handle every aspect of your case, ensuring you get the maximum compensation you deserve. Here’s how we can help:

Comprehensive Case Evaluation: Our team will thoroughly assess your case, taking into account all medical expenses—both immediate and ongoing—lost wages, emotional distress, and other factors that may affect your claim.

Strategic Planning: With decades of experience, our attorneys know the ins and outs of personal injury law. We’ll develop a strategy tailored specifically for your situation to strengthen your case.

Skilled Negotiations: Insurance companies are known for offering lower settlements than what victims deserve. We’ll negotiate aggressively on your behalf, armed with compelling evidence and sound legal arguments.

Meticulous Documentation: We’ll guide you through the documentation process, helping you compile all necessary records, receipts, and evidence. Proper documentation is key to maximizing your claim.

Expert Witnesses: If necessary, we’ll enlist the help of medical experts, accident reconstruction specialists, and other professionals to provide authoritative testimony that can fortify your case.

Court Representation: Should your case go to trial, our lawyers are well-equipped to represent you in court. We’re committed to fighting for the best possible outcome, leaving no stone unturned.

If you or a loved one are dealing with the aftermath of a personal injury, you shouldn’t have to navigate the complexities of the legal system alone. Time is of the essence. At The Orlow Firm, our NYC Personal Injury Lawyers are committed to fighting for your rights and maximizing your compensation. Don’t leave your future to chance; get the experienced representation you deserve. Call (646) 647-3398 now for a free case evaluation.

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How is Death Compensation Calculated in New York Personal Injury Cases?

New York City Wrongful Death Lawyers with offices in Queens, Brooklyn, Manhattan & The Bronx

Losing a loved one due to someone else’s negligence is a devastating experience. While no amount of money can ever truly compensate for such a loss, a wrongful death claim can provide financial relief and a sense of justice. In New York, there are specific criteria and factors considered when calculating death compensation. Below is an overview of these elements.

Understanding Economic Damages in New York Wrongful Death Cases

In a wrongful death claim, economic damages are monetary awards intended to compensate for the financial losses incurred due to the untimely death of a loved one. These damages aim to alleviate the financial burden on the surviving family members and dependents. Here, we provide a comprehensive breakdown of economic damages in the context of New York wrongful death cases.

Lost Earnings and Financial Support

One of the most significant components of economic damages is the calculation of lost earnings or financial support. This is the income the deceased would have reasonably been expected to earn had they not passed away. Factors such as the deceased’s age, occupation, earning history, and future earning potential are considered.

Medical Expenses

Medical expenses incurred for the treatment of the deceased before their death can also be recovered. This can include hospital stays, surgeries, medications, and any other treatments that were administered in an attempt to save the individual’s life.

Funeral and Burial Costs

The immediate financial burden often includes funeral and burial expenses. These costs can be significant and are usually recoverable as economic damages in a wrongful death lawsuit. Generally, these must be reasonable expenses, as defined by common practice and prices in New York.

Loss of Inheritance

In some instances, especially where young children are left behind, the court may consider the loss of inheritance as an economic damage. This is an estimate of what the deceased would have saved and left behind for their heirs if not for their premature death.

Loss of Benefits

Apart from wages, the deceased may have provided other financial benefits to the family, such as health insurance, retirement benefits, and pensions. The value of these lost benefits can be calculated and included in the economic damages.

Household Contributions

The deceased may have contributed to the household in ways that aren’t immediately obvious but have an economic value. This could include chores, maintenance, childcare, and other forms of domestic help that the surviving family members now need to pay for.

Expert Testimony

Calculating economic damages often involves complex calculations and may require the testimony of expert witnesses like economists, accountants, or actuaries. These experts can provide a more accurate assessment of the long-term financial impact of the loss.

Understanding Non-Economic Damages in New York Wrongful Death Cases

When pursuing a wrongful death claim, non-economic damages serve to compensate for the intangible and emotional losses suffered by the surviving family members. Unlike economic damages, which cover quantifiable losses like medical bills and lost wages, non-economic damages are more abstract. Here’s an in-depth look at the types of non-economic damages commonly awarded in New York wrongful death cases.

Loss of Consortium

Loss of consortium refers to the emotional and psychological suffering experienced by the surviving spouse due to the loss of companionship, love, and intimacy. In New York, this type of damage aims to compensate the spouse for the emotional toll that the loss of their partner has taken.

Loss of Parental Guidance

For families with minor children, the loss of a parent can be particularly devastating. This category of non-economic damages seeks to compensate for the loss of moral upbringing, emotional support, education, and overall guidance that the deceased parent would have provided.

Loss of Companionship and Emotional Support

Non-economic damages can also compensate other close family members for the loss of companionship and emotional support. This can include the deceased’s relationship with siblings, parents, or even close friends, depending on the circumstances of the case.

Pain and Suffering of the Deceased

While not applicable in every case, some New York wrongful death claims may include damages for the pain and suffering experienced by the deceased prior to their death. However, this is generally more difficult to quantify and may require substantial evidence and expert testimony.

Emotional Distress

Surviving family members may also seek damages for their own emotional distress, grief, and mental anguish stemming from the loss of their loved one. These damages aim to compensate for the emotional toll of adjusting to life without the deceased.

Quality of Life

In some instances, the court may consider how the loss has impacted the quality of life for surviving family members. This can be especially significant if the deceased was a primary caregiver or played a significant role in the day-to-day happiness and well-being of the family.

Calculating Non-Economic Damages

Due to their intangible nature, calculating non-economic damages is often subjective and can vary greatly from one case to another. Expert testimonies, such as those from psychologists or life care planners, may be employed to provide a more accurate assessment of these losses.

Understanding Punitive Damages in New York Wrongful Death Cases

In the realm of wrongful death lawsuits, punitive damages serve a different purpose compared to economic and non-economic damages. While the latter types aim to compensate the victim’s family for their losses, punitive damages are intended to punish the defendant for particularly egregious or malicious behavior. Below, we delve into the specifics of punitive damages in the context of New York wrongful death cases.

When Are Punitive Damages Awarded?

Punitive damages are not commonly awarded in New York wrongful death cases. They are considered in exceptional situations where the defendant’s actions were especially reckless, willful, or malicious. Examples could include death resulting from a DUI accident where the driver was excessively intoxicated, or in cases involving intentional harm.

Objectives of Punitive Damages

The primary goal of awarding punitive damages is twofold:

  1. To Punish the Defendant: The monetary penalty serves to punish the individual or entity for their wrongful actions, holding them accountable for behavior that goes beyond mere negligence.
  2. To Deter Future Misconduct: The threat of punitive damages can act as a deterrent, discouraging the defendant and others from engaging in similar reckless or malicious actions in the future.

Calculating Punitive Damages

There is no fixed formula for calculating punitive damages in New York. The amount is generally determined by a jury and can depend on various factors such as:

  • The severity of the defendant’s misconduct
  • The defendant’s financial standing
  • Previous similar incidents or a lack thereof
  • The impact of the actions on the victim and their family

Legal Requirements and Limitations

New York does not have a statutory cap on punitive damages, but the amount awarded must be reasonable and proportionate to the egregiousness of the defendant’s actions. Additionally, punitive damages are not automatically included in wrongful death lawsuits. They must be specifically pleaded and proven by the plaintiff.

Expert Testimony

Given the exceptional nature of punitive damages, expert testimony may be required to establish the defendant’s egregious conduct. Legal experts can help articulate the level of wrongdoing and justify the need for punitive damages.

Distribution of Wrongful Death Compensation Among Family Members in New York

When a wrongful death claim is successful, one of the important considerations is how the awarded compensation will be distributed among the surviving family members. In New York, the state’s laws and the specifics of the case largely dictate this distribution. Below, we discuss how compensation is allocated among family members in New York wrongful death cases.

Who Is Eligible?

In New York, the following family members are generally considered eligible for a share in the wrongful death compensation:

  • Spouse
  • Children (biological or legally adopted)
  • Parents
  • Siblings (in some cases)

Executor or Administrator of the Estate

The distribution process typically begins with the appointment of an executor or administrator for the deceased’s estate. This person is responsible for filing the wrongful death claim and, if successful, distributing the compensation among eligible family members.

Factors Considered for Distribution

Various factors influence how compensation is divided, such as:

  • Financial Dependence: Family members who were financially dependent on the deceased are often prioritized.
  • Loss Suffered: The extent of loss—both emotional and financial—suffered by each family member may be assessed.
  • Relationship to the Deceased: Spouses and minor children are generally considered first in line for a larger share of the compensation.
  • Special Circumstances: Factors like medical needs or education costs for minor children may also be considered.

Specific Allocations

  • Spouse: If there are no children, the spouse typically receives the entire award. If there are children, the award is usually divided, with the spouse and children sharing the compensation.
  • Children: Minor children may be awarded a larger share to cover educational and care expenses. Adult children may also receive a portion, depending on their financial dependence on the deceased.
  • Parents: If the deceased has no spouse or children, the parents are often the next in line to receive compensation.
  • Siblings: They are generally considered only if there are no surviving spouse, children, or parents.

Legal Guidance for Fair Distribution

Given that each family’s situation is unique, determining the fair distribution of compensation can be complex and often requires legal expertise.

Other Factors Affecting Distribution of Wrongful Death Compensation in New York

Apart from the straightforward legal aspects and familial relationships that influence the distribution of wrongful death compensation in New York, there are other nuanced factors that can affect how the award is allocated among family members. Understanding these factors can offer a more complete picture of what to expect during the distribution process.

Marital Status and Domestic Partnerships

In some cases, the marital status of the deceased can influence distribution. If the deceased was separated but not legally divorced, the estranged spouse may still be entitled to a portion of the award, depending on various circumstances.

Pre-existing Agreements

Sometimes, family members have pre-existing agreements or trusts established by the deceased that may specify how assets, including wrongful death compensation, should be distributed. Courts may consider such legal instruments in the allocation process.

Debts and Liabilities

Before distribution to family members, any debts or liabilities of the deceased must typically be paid out from the awarded compensation. These can include medical bills, funeral expenses, and outstanding debts that may need to be settled.

Life Expectancy

In some instances, the life expectancy of eligible family members may influence the allocation. For example, younger children may receive a larger share to cover long-term costs such as education and upbringing.

Emotional and Psychological Support

Although difficult to quantify, the emotional and psychological support provided by the deceased to each family member may be considered when determining how to fairly divide the compensation.

Negligence or Fault

In certain cases, if a family member’s negligence or fault contributed to the wrongful death, their share of the compensation may be affected. New York courts may consider contributory or comparative negligence when allocating the award.

Estate Taxes

While wrongful death awards are generally not subject to income tax, estate taxes could apply if the compensation pushes the deceased’s estate value above federal or state estate tax thresholds.

Legal Fees

Legal fees and costs associated with pursuing the wrongful death case are usually deducted from the total award before distribution among the family members.

Statute of Limitations for Wrongful Death Claims in New York

In legal terms, the “statute of limitations” refers to the specific time frame within which a lawsuit must be filed. Failing to adhere to these deadlines can result in the forfeiture of your right to pursue legal action. In the context of wrongful death claims in New York, understanding the statute of limitations is crucial for preserving your right to seek justice and compensation for your loss.

General Time Frame

In New York, the general statute of limitations for filing a wrongful death claim is two years from the date of death of the individual in question. This means that the executor or administrator of the estate has exactly two years from the date the death occurred to initiate legal proceedings.

Exceptions to the General Rule

While the two-year window is standard, there are specific situations that may either extend or shorten this time period:

  • Minors: If the only surviving beneficiaries are minors, the statute may be tolled (paused) until the youngest beneficiary reaches the age of 18. However, this does not apply to the person responsible for filing the claim, typically the estate’s executor or administrator.
  • Discovery Rule: In certain cases, the cause of death may not be immediately apparent. In such situations, New York courts might apply the “discovery rule,” which allows the clock to start ticking from the date the cause of death was discovered or should have been discovered.
  • Government Entities: If the claim is against a government entity or municipality, special rules and shorter time frames usually apply, often requiring a notice of claim to be filed within 90 days of the incident.

Importance of Timely Action

Failing to file a wrongful death claim within the designated statute of limitations typically results in the loss of your right to pursue the case, regardless of its merits. Timely action is essential to preserve evidence, witness testimonies, and other crucial aspects that can significantly impact your claim.

Legal Assistance for Meeting Deadlines

Because the statute of limitations involves strict deadlines and potential exceptions, navigating this aspect of a wrongful death claim can be complex.

How The Orlow Firm Can Maximize Your Wrongful Death Case in New York

When dealing with the loss of a loved one due to wrongful death, the emotional and financial toll can be overwhelming. In such trying times, it is crucial to have experienced and competent legal representation to guide you through the complex legal landscape. Here’s how The Orlow Firm can help maximize your wrongful death case in New York:

Extensive Legal Expertise

Our experienced New York personal injury attorneys specialize in wrongful death claims. We have a deep understanding of the state’s legal requirements, time-sensitive nature, and the types of compensation you may be entitled to, including economic, non-economic, and sometimes punitive damages.

Comprehensive Case Evaluation

We begin by conducting a thorough investigation of the circumstances surrounding the wrongful death. This involves gathering essential evidence, consulting with medical experts, and calculating the full extent of your losses—both financial and emotional.

Strategic Negotiations

Our lawyers are adept at negotiating with insurance companies and opposing counsel. We are committed to ensuring that you receive a settlement that truly compensates for your losses, and we will not hesitate to go to trial if a fair settlement cannot be reached.

Timely Filing

Compliance with the statute of limitations is crucial in any wrongful death claim. We take timely action to file all necessary documents and make sure you do not lose your right to claim due to procedural errors or missed deadlines.

Family Member Distribution Consultation

We offer expert advice on the distribution of the wrongful death award among family members, taking into consideration financial dependence, emotional loss, and other relevant factors that can maximize the award for each beneficiary.

Exceptional Client Service

We maintain transparent and open communication throughout the legal process. Our team is always available to answer your questions, keep you updated on your case’s progress, and provide emotional support during this challenging time.

No Upfront Fees

We operate on a contingency fee basis, meaning you don’t pay us unless we win your case. This ensures that you have access to top-tier legal representation without adding financial strain during an already difficult period.

Take the Next Step: Consult With The Orlow Firm Today

Navigating a wrongful death claim is emotionally and legally complex. For comprehensive, compassionate, and competent legal assistance to maximize your wrongful death claim, call The Orlow Firm at (646) 647-3398.

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Are Lawsuit Settlements Taxable in New York?

When you receive a settlement for a personal injury case in New York, one of the questions that often arises is whether or not this money is taxable. Understanding the tax implications of your settlement is crucial for both planning your finances and avoiding any legal complications.

Federal vs. State Taxes: What’s the Difference in the Context of Personal Injury Settlements?

When dealing with the taxation of a personal injury settlement, it’s important to understand the distinctions between federal and state tax laws. Each has its own set of rules, regulations, and exceptions that may affect the taxability of your settlement. Below, we delve deeper into these crucial differences, especially as they pertain to New York residents.

Federal Taxes

Federal taxes are governed by the Internal Revenue Service (IRS) and apply uniformly across all 50 states. According to IRS guidelines:

  • Personal Injury Settlements: Generally, settlements received for personal physical injuries are not considered taxable income.
  • Punitive Damages: These are usually taxable under federal law, regardless of whether they are related to a personal injury.
  • Lost Wages: If the settlement compensates for lost wages, this portion is often considered taxable income.
  • Interest: Any interest accrued on the settlement amount is taxable.
  • Legal Fees: Depending on the circumstances, you may or may not be able to deduct attorney’s fees from your taxable income.

New York State Taxes

In New York, state taxes are overseen by the New York State Department of Taxation and Finance. New York generally aligns with federal tax law on the taxability of personal injury settlements, but there can be state-specific considerations:

  • Personal Injury Settlements: As with federal taxes, these are usually not taxable in New York.
  • Punitive Damages: These are considered taxable income, aligning with federal tax law.
  • Lost Wages: Any portion of the settlement attributed to lost wages is usually considered taxable income on your state return, similar to the federal treatment.
  • State Tax Returns: You may need to report certain types of settlement income on your New York state tax return, even if they are not taxable, to ensure full compliance with state laws.

Why Understanding Federal vs. State Tax Differences is Vital

Understanding the nuances between federal and New York state tax laws is crucial for anyone receiving a personal injury settlement. A lack of awareness could lead to unexpected tax liabilities and penalties. Given these complexities, it’s imperative to consult with a qualified New York personal injury lawyer to fully understand your tax obligations.

Tax-Free Personal Injury Settlements

In most cases, personal injury settlements are not subject to federal income tax, per the IRS regulations. The premise here is that the settlement money is not income but a compensation to make you “whole” again. This generally extends to emotional distress that originates from the injury or accident. New York generally adheres to federal guidelines on this issue.

Exceptions: When is a Personal Injury Settlement Taxable in New York?

Understanding the taxability of a personal injury settlement in New York can be complicated. While many types of settlement proceeds are not taxable, several exceptions exist. Below is an expanded look at the circumstances under which your settlement may be subject to federal or New York state taxes.

  1. Punitive Damages
    Punitive damages are awarded to punish the defendant rather than to compensate you for your losses. Because of this, both federal and New York state tax laws usually consider punitive damages as taxable income.
  2. Interest on the Settlement
    Sometimes, your settlement may take a long time to resolve, and interest accrues on the amount. This interest is considered taxable income. It’s crucial to understand how much of your settlement is interest, as this portion will be subject to tax.
  3. Lost Wages and Earnings
    Settlement amounts designated for lost wages or lost earnings are generally considered taxable income. Both the federal IRS and New York state see this part of the settlement as a replacement for income you would have otherwise earned, making it subject to income tax.
  4. Emotional Distress Not Related to Physical Injury
    Compensation for emotional distress is generally not taxable if it directly results from a physical injury. However, if your claim for emotional distress is not related to a physical injury, the settlement amount you receive for emotional distress is usually taxable.
  5. Legal Fees
    In some cases, legal fees can affect the taxability of your settlement. If you have to pay attorney fees and those aren’t separated from your settlement amount, the full amount—including what goes to your attorney—may be considered taxable. Tax treatment of legal fees can be complex and may require specialized tax advice.
  6. Reimbursement for Medical Expenses Previously Deducted
    If you had previously deducted medical expenses related to the personal injury on your tax return, and your settlement includes a reimbursement for those expenses, that portion may be taxable.
  7. Breach of Contract, Property Damage, and Other Non-Physical Injuries
    Settlements related to non-physical injuries like breach of contract, property damage, or infringement cases are usually considered taxable income. If your personal injury case involves elements like these, part or all of your settlement may be taxable.

How The Orlow Firm Can Help Maximize Your Personal Injury Case in New York

When you’ve been injured due to someone else’s negligence, choosing the right legal representation can make all the difference in the outcome of your case. The Orlow Firm is committed to providing exceptional legal services to those who have suffered personal injuries in New York. Below, we outline how our team can help you maximize your settlement or verdict.

Extensive Experience in Personal Injury Law

Our team is skilled in handling a variety of personal injury cases, ranging from car accidents to premises liability and medical malpractice. Our broad experience allows us to anticipate challenges and formulate effective strategies, giving you a distinct advantage.

Comprehensive Case Evaluation

At The Orlow Firm, we conduct a thorough analysis of your case to identify all liable parties and sources of compensation. We gather necessary evidence, consult with medical professionals, and utilize expert witnesses to strengthen your claim.

Skillful Negotiation Tactics

Our New York personal injury attorneys are seasoned negotiators, and we strive to secure a fair settlement without going to trial when possible. We prepare every case as if it will go to court, giving us leverage during settlement negotiations.

Aggressive Court Representation

If a fair settlement isn’t possible, our attorneys are prepared to take your case to trial. We present compelling arguments backed by solid evidence, seeking to maximize your compensation for medical expenses, lost wages, and pain and suffering.

Contingency Fee Structure

We operate on a contingency fee basis, which means you pay nothing unless we win your case. This ensures that high-quality legal representation is accessible to everyone, regardless of financial standing.

Continuous Communication and Support

We maintain ongoing communication with our clients, updating you at every step of the legal process. We are always available to answer questions and provide guidance, ensuring you are never in the dark about your case.

Knowledge of New York Laws and Regulations

Our attorneys are well-versed in New York personal injury laws, as well as the specific regulations that may apply to your case, whether you’re dealing with a construction accident in NYC or a slip and fall in another part of the state.

Multilingual Services

In order to serve New York’s diverse community, our services are available in multiple languages, ensuring clear and comprehensive legal assistance for all.

Expertise in Maximizing Settlements

Our track record speaks for itself. We have successfully obtained significant settlements and verdicts for our clients, and we focus on maximizing your compensation through meticulous case preparation and aggressive representation.

Take the Next Step: Call Us Today

If you or a loved one has been injured, don’t wait. Reach out to The Orlow Firm at (646) 647-3398 today for a free consultation and take the first step towards obtaining the compensation you deserve.

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What is the difference between bodily injury and personal injury?

Understanding legal terminology can be complex, especially when dealing with the aftermath of an accident. If you’ve been involved in an incident and are seeking compensation, it’s essential to understand the difference between bodily injury and personal injury. These terms may sound similar but are often used in different legal contexts.

Key Takeaways

  1. Bodily Injury is specific to physical harm and is often used in insurance and criminal law contexts.
  2. Personal Injury is broader and includes physical harm, emotional distress, and other types of damages. It is primarily used in civil lawsuits.
  3. Both terms can be applicable in an accident, but the legal proceedings and compensation could differ based on the term used.

Bodily Injury: A More Focused Legal Term

When it comes to legal definitions, precision is key. One term that often arises in discussions involving accidents, insurance claims, or criminal charges is “bodily injury.” Understanding the narrow scope of this term can have significant implications for your legal case.

Definition and Legal Context

Bodily Injury is generally described as any physical harm or injury sustained by a person due to the actions or negligence of another. This term is most commonly associated with:

  • Automobile Insurance Policies: Most car insurance policies include a “bodily injury liability” clause that outlines the extent of coverage for injuries sustained by other parties in a car accident.
  • Criminal Cases: In criminal law, bodily injury might be an essential element in cases involving assault, battery, or other forms of physical harm.
  • Workers’ Compensation: The term can also arise in workers’ compensation claims, specifically relating to physical injuries sustained on the job.

Types of Bodily Injuries

Bodily injuries can vary in severity and type, including but not limited to:

  • Soft Tissue Injuries: Sprains, strains, and whiplash fall under this category.
  • Fractures and Broken Bones: These injuries are common in car accidents and slip-and-fall cases.
  • Burns: Severity ranges from first-degree to third-degree burns, and these are often seen in workplace accidents or car crashes involving fires.
  • Traumatic Brain Injuries (TBI): Concussions and other types of brain injuries can have long-lasting consequences.
  • Spinal Cord Injuries: These injuries can result in partial or full paralysis and often require extensive medical treatment.

Limitations of the Term “Bodily Injury”

One key limitation of the term “bodily injury” is that it does not usually cover emotional or psychological distress. For example, if you’ve been in a car accident and suffer from post-traumatic stress disorder (PTSD) but have no physical injuries, a bodily injury claim may not encompass your emotional suffering. In such instances, you may need to explore options under personal injury law.

Why Understanding Bodily Injury Matters

The legal complexities surrounding the term “bodily injury” mean that it’s crucial to consult with an expert who can navigate these specific issues. NYC personal injury attorneys specializing in bodily injury cases can provide valuable guidance on how to proceed with your claim, whether it’s an insurance settlement negotiation or a lawsuit.

If you have further questions or require legal assistance, don’t hesitate to call us at (646) 647-3398 for a free consultation.

Personal Injury: An All-Encompassing Legal Concept

In the complex landscape of legal terminology, the term “personal injury” stands out as one of the most inclusive and wide-ranging. Unlike the more narrow definition of bodily injury, personal injury encompasses a variety of harms and damages a person can experience. Understanding the breadth of this term is critical, especially if you’re pursuing legal action following an accident or wrongful conduct.

Definition and Scope

Personal Injury refers to any harm—physical, emotional, or psychological—that a person suffers due to the negligence, recklessness, or intentional actions of another party. This term is primarily used in civil litigation, where the objective is to seek financial compensation for the injured party. Personal injury law covers a multitude of situations, including but not limited to:

  • Car Accidents: Whether it’s a minor fender-bender or a significant collision, if you’re injured due to someone else’s fault, it falls under personal injury law.
  • Medical Malpractice: Errors by healthcare professionals that lead to harm can be subject to personal injury claims.
  • Defective Products: If a product’s design or manufacturing defect leads to your injury, you may have a personal injury case.
  • Premises Liability: Injuries occurring on someone else’s property, such as slip-and-fall cases, are included under personal injury law.
  • Workplace Accidents: While many of these cases are handled through workers’ compensation, some may warrant a personal injury claim.
  • Wrongful Death: If a person’s negligent or malicious actions lead to someone else’s death, the surviving family members may file a personal injury lawsuit.

Types of Damages Covered

Unlike bodily injury, which focuses strictly on physical harm, personal injury allows for a broader range of damages, such as:

  • Medical Expenses: Current and future medical bills related to the injury.
  • Lost Wages: Loss of income due to inability to work.
  • Pain and Suffering: Physical and emotional distress caused by the injury.
  • Loss of Consortium: The impact of the injury on your relationship with your spouse or family members.
  • Punitive Damages: In some cases, additional financial penalties aimed at punishing the offending party.

Importance for Your New York Case

In the context of New York personal injury law, understanding the comprehensive nature of the term “personal injury” can influence your legal strategy. Whether you’ve been in an auto accident in NYC or are a victim of medical malpractice, NYC personal injury attorneys can help you navigate the complexities of the law to seek the full scope of compensation you deserve.

If you believe you have a personal injury case and require expert guidance, call us today at (646) 647-3398 for a free consultation.

Why Understanding the Difference Matters for Your Case

When you’ve suffered an injury due to someone else’s negligence or intentional actions, understanding the legal terms like “bodily injury” and “personal injury” isn’t just legal jargon—it’s crucial for the success of your case. The type of injury you claim can directly impact the kind of damages you may be eligible to recover, as well as the legal pathways available for doing so. Below are some key reasons why these distinctions are essential for your case, especially if you’re based in New York City.

Legal Strategy and Approach

The terms “bodily injury” and “personal injury” dictate the legal strategy and approach your NYC personal injury attorneys will adopt. For instance, a case framed under “bodily injury” would primarily focus on proving physical harm and might exclude psychological suffering. Conversely, a “personal injury” claim offers a wider scope, allowing you to claim damages for emotional distress, loss of consortium, and even defamation in some cases.

Types of Damages Recoverable

The damages you can claim will vary depending on whether it’s a bodily injury or a personal injury case.

  • Bodily Injury: Typically covers medical expenses, rehabilitation costs, and possibly loss of income related to the physical injury.
  • Personal Injury: Allows for a broader range of damages, including pain and suffering, emotional distress, and in some cases, punitive damages.

Understanding these distinctions will enable you to make a well-informed decision about what kind of compensation to seek.

Insurance Negotiations

The term you use can also affect insurance negotiations. Insurance policies often have separate coverages for bodily injury and may not encompass the full range of harms you’ve experienced, limiting your compensation. A knowledgeable New York personal injury lawyer can negotiate adeptly with insurance companies to ensure you get the most comprehensive settlement possible.

Statute of Limitations

The time limits for filing a lawsuit may differ depending on the specifics of the injury. For instance, New York has a statute of limitations that varies depending on the type of personal injury claim. Knowing the appropriate category for your case will ensure you file within the legally permitted timeframe.

Legal Expertise Required

Different types of injuries require specialized legal expertise. If your injury encompasses both physical and emotional aspects, you’ll benefit from consulting NYC personal injury attorneys experienced in handling a broad array of personal injury cases.

In summary, understanding the difference between “bodily injury” and “personal injury” can significantly impact your legal approach, the damages you seek, and the outcome of your case. For personalized legal guidance tailored to your unique situation, call us at (646) 647-3398. We’re here to assist you every step of the way.

How The Orlow Firm Can Help Maximize Your Personal Injury Case

When you’ve been injured due to someone else’s negligence or intentional wrongdoing, your priority should be your recovery. But with medical bills piling up and the prospect of lost wages, navigating the complexities of personal injury law can be daunting. That’s where The Orlow Firm comes in. As seasoned NYC personal injury attorneys, we specialize in helping clients maximize their compensation. Here’s how we can assist you in making the most out of your personal injury case.

In-Depth Case Evaluation: Our first step is a comprehensive assessment of your case, examining all its facets to understand both its strengths and weaknesses. This includes collecting all relevant evidence, speaking with witnesses, and consulting with medical professionals to gauge the extent of your injuries and the associated costs.

Comprehensive Legal Strategy: Based on our initial evaluation, we formulate a robust legal strategy specifically designed for your unique situation. This may involve negotiating with insurance companies or preparing for court litigation, all aimed at maximizing your compensation.

Expert Negotiation Skills: Insurance companies are often more interested in protecting their bottom line than in offering you the full compensation you deserve. Our expertise lies in negotiating effectively with insurance companies, ensuring that you’re not short-changed in any settlement discussions.

Extensive Courtroom Experience: If your case proceeds to trial, you’ll want an experienced attorney by your side. Our team has extensive courtroom experience, and we’re not afraid to go to court to ensure that you get the justice you deserve.

No Upfront Costs: We operate on a contingency fee basis, which means you won’t pay any upfront costs. We only get paid if you win, so you can be confident that we’re fully invested in securing the best outcome for you.

Frequent Communication and Updates: We understand the stress and uncertainty that comes with legal proceedings. That’s why we’re committed to keeping you informed at every stage of your case, providing timely updates and being available to answer any questions you may have.

Local Expertise: As specialized New York personal injury lawyers, we have a deep understanding of New York State’s legal landscape, giving you the localized expertise that’s crucial for your case.

Understanding the ins and outs of personal injury law can make all the difference in the outcome of your case. With The Orlow Firm, you’ll be working with experts dedicated to securing the maximum compensation for you. If you’re looking for professional legal advice tailored to your specific needs, call us today at (646) 647-3398.

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What Qualifies as Pain and Suffering in a Personal Injury Case?

New York City Personal Injury Lawyers With Offices in Queens, Brooklyn, Manhattan & The Bronx

When you’re injured due to someone else’s negligence, the aftermath can extend far beyond the immediate medical expenses and lost wages. Many victims also endure pain and suffering, a complex, subjective but crucial component of personal injury claims. This page aims to provide a comprehensive understanding of what qualifies as pain and suffering, and how it can affect your personal injury case in New York City. If you have further questions our NYC personal injury attorneys can provide detailed information tailored to your situation. Don’t hesitate to call us at (646) 647-3398 for a free consultation.

What is Pain and Suffering?

“Pain and suffering” is a legal term used to describe both the physical pain and emotional distress a victim endures as a result of an injury. It encompasses a wide range of experiences, from physical discomfort and mental anguish to loss of enjoyment of life. It is generally categorized into two types:

  1. Physical Pain and Suffering: This refers to the actual physical injuries you have sustained, including the pain and discomfort associated with those injuries both immediately following the accident and into the foreseeable future.
  2. Mental Pain and Suffering: This refers to the emotional and psychological impact of your injuries. This can include stress, anxiety, loss of sleep, and even more severe conditions like depression or post-traumatic stress disorder (PTSD).

How is Pain and Suffering Calculated?

Determining the monetary value of pain and suffering can be complex. The courts in New York City often consider multiple factors, such as:

  • Severity of injuries
  • Length of recovery period
  • Emotional trauma experienced
  • Impact on day-to-day life
  • Existing medical reports and expert testimonies

New York personal injury lawyers use various methodologies to calculate these non-economic damages. If you’re unsure about your situation, we strongly encourage you to call (646) 647-3398 to discuss your case.

How to Prove Pain and Suffering in Your Personal Injury Case

In personal injury claims, demonstrating the extent of your pain and suffering is crucial for receiving the compensation you deserve. While economic damages like medical bills and lost wages are relatively straightforward to quantify, the intangible nature of pain and suffering makes it more challenging to prove. Here, we’ll guide you through the ways you can strengthen your claim for pain and suffering in New York City. For personalized advice tailored to your case, please reach out to our team of NYC personal injury attorneys at (646) 647-3398 for a free consultation.

Medical Records and Bills

Medical documentation serves as the foundation for proving pain and suffering. This includes:

  • Hospital records
  • Doctor’s notes
  • Prescriptions
  • Test results
  • Treatment plans

These documents not only confirm the existence and extent of your physical injuries but can also indicate the level of pain and discomfort associated with them.

Personal Journals or Diaries

Maintaining a journal to record your daily experiences can be invaluable in establishing your case for pain and suffering.

  • Note down your pain levels at different times of the day.
  • Detail any activities that you can no longer participate in or enjoy.
  • Keep a record of your emotional state, including instances of depression, anxiety, or sleep disturbances.

Witness Testimonies

Family members, friends, and co-workers can testify on your behalf to describe how your injuries have impacted your lifestyle, emotional well-being, and ability to perform everyday tasks.

Expert Opinions

Expert testimonies from medical professionals, psychologists, and vocational experts can provide a nuanced understanding of your pain and suffering. They can attest to:

  • The severity of your injuries
  • The long-term impacts of your condition
  • Your future prospects for recovery

Photos and Videos

Visual evidence can dramatically support your claims for pain and suffering:

  • Pictures of your injuries
  • Photos of your treatment or recovery process
  • Videos that capture your physical limitations

Legal Assistance is Crucial

Proving pain and suffering is a complex process that requires skilled legal guidance. Our experienced New York personal injury lawyers can help you compile the necessary evidence, consult with experts, and craft a compelling case to maximize your compensation for pain and suffering.

If you are dealing with the aftermath of an injury due to someone else’s negligence, proving your pain and suffering should not be another burden you have to bear alone. Call (646) 647-3398 today for a free consultation and let us guide you through this challenging time.

Why Choose The Orlow Firm for Your Personal Injury Case?

When it comes to handling personal injury cases in New York City, choosing the right legal representation can make all the difference. Here’s why The Orlow Firm should be your top choice for legal guidance and representation. If you’d like to discuss your case directly, please call us at (646) 647-3398 for a free consultation.

Expertise in Personal Injury Law: The Orlow Firm specializes exclusively in personal injury law. This focus gives us an in-depth understanding of New York laws and legal intricacies related to various types of personal injury cases, from car accidents to slip and falls. Our NYC personal injury attorneys have a wealth of experience in successfully representing clients in a wide array of cases.

Track Record of Success: We have secured substantial settlements and verdicts for our clients. Our proven track record is a testament to our expertise and relentless pursuit of justice, ensuring that you receive the best possible outcome for your case.

Personalized Attention: At The Orlow Firm, we understand that every case is unique. Our attorneys provide individualized attention, taking the time to understand the nuances of your situation fully. We tailor our legal strategies to align with your specific needs and circumstances.

No Fees Unless We Win: We operate on a contingency fee basis, meaning you pay nothing unless we successfully recover compensation for you. This ensures our interests are directly aligned with yours, making us highly committed to winning your case.

Transparency and Communication: Keeping you informed is one of our core values. From your initial consultation to the final verdict, we maintain clear, honest, and open communication, ensuring you’re always aware of where your case stands.

Comprehensive Support: Beyond legal advice, we offer comprehensive support throughout your case. From evidence gathering to proving pain and suffering, we are with you every step of the way, ensuring your case receives the attention it deserves.

Highly Accessible: We understand that personal injury cases often require a sense of urgency. Our team is readily available to answer any questions or concerns you might have. We are quick to respond in emergency situations, ensuring your case moves forward without unnecessary delays.

Free Consultation: To understand your legal options and how we can assist you, we offer a free initial consultation. This no-obligation session allows you to explore how our team can help you achieve a favorable outcome.

When you’re facing the repercussions of a personal injury, you don’t have to go it alone. With The Orlow Firm, you get expertise, dedication, and personalized service. Don’t wait; call (646) 647-3398 today for a free consultation.

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What qualifies as a wrongful death lawsuit?

New York City Wrongful Death Lawyers With Offices in Queens, Brooklyn, Manhattan & The Bronx

In the tragic event of losing a loved one, you may find yourself grappling with many complex emotions and questions. One pressing question might be whether the death could have been prevented, and if so, whether it qualifies as a “wrongful death” under New York law. In New York, a wrongful death is defined as one that occurs due to the negligence, wrongful act, or default of another individual or entity. While it is a subcategory of personal injury law, wrongful death claims are unique in that they focus on the harm experienced by the surviving family members rather than the victim.

Key Takeaways

  • Understanding Wrongful Death: In New York, a wrongful death occurs when someone’s negligence, recklessness, or intentional actions result in another person’s death. To pursue a legal claim, one must prove various elements including duty of care, breach of that duty, causation, and resulting damages.
  • Types of Damages: Damages in a New York wrongful death claim are primarily divided into economic and non-economic types. Economic damages include medical expenses, funeral costs, and lost wages, among others. New York is unique in limiting the types of non-economic damages that can be claimed.
  • Proving Negligence: To establish negligence in a wrongful death case, you must prove that the defendant had a duty of care, breached that duty, and that this breach directly caused the death and resulting damages. Collecting strong evidence is crucial for proving these elements.
  • Legal Assistance is Crucial: Given the complexities involved in wrongful death claims, skilled legal representation is invaluable. The Orlow Firm offers a full range of services from case analysis and comprehensive investigation to court representation.
  • Consult The Orlow Firm: If you’re facing a wrongful death case in New York City, don’t hesitate to consult experienced wrongful death lawyers. Call The Orlow Firm at (646) 647-3398 for a confidential consultation to explore your legal options.

To establish that a death is wrongful under New York law, certain elements must be proven. First and foremost, a death must have occurred. Secondly, the death must have been caused either by a wrongful act, neglect, or default of another party. This could range from a car accident where the other driver was at fault, to medical malpractice, to incidents of workplace negligence.

Another crucial factor is the existence of a duty of care between the defendant and the deceased. For example, a doctor has a duty of care towards their patients, and a driver has a duty to operate their vehicle safely on the road. If it can be demonstrated that this duty was breached, and that the breach was a direct cause of the death, then the case for wrongful death becomes stronger.

Furthermore, there must be surviving beneficiaries or dependents who have suffered some form of loss due to the death. This can be a financial loss, such as lost wages that the deceased would have earned, or non-economic losses like emotional suffering and loss of companionship. It is these surviving family members who are entitled to bring forth a wrongful death lawsuit to seek compensation.

It’s also essential to consider the statute of limitations for filing a wrongful death claim in New York, which is generally two years from the date of the death. Missing this deadline can result in losing the right to file a lawsuit, so it’s crucial to consult with knowledgeable wrongful death lawyers as soon as possible.

Types of wrongful death cases can vary widely, encompassing everything from car accidents, construction accidents, and slip and falls, to more complex cases involving product liability or medical malpractice. The circumstances of the wrongful act, neglect, or default play a crucial role in determining what kind of damages may be awarded, how liability is established, and what legal strategies would be most effective in a claim.

If you find yourself facing such an unfortunate circumstance, it is crucial to consult with experienced New York wrongful death lawyers who can guide you through this complex process. At The Orlow Firm, we’re committed to providing compassionate and dedicated representation for those going through the difficult journey of a wrongful death claim. If you have questions about a wrongful death case in New York City, don’t hesitate to call us at (646) 647-3398 for a confidential consultation.

What are Damages in New York Wrongful Death Claims?

When navigating the legal maze of a wrongful death lawsuit in New York, one of the most critical aspects to understand is the types of damages you may be entitled to. Damages in wrongful death cases are designed to provide financial relief to the surviving family members who have suffered as a result of their loved one’s untimely death. These damages can be categorized into economic and non-economic damages, each serving to compensate different kinds of losses.

Economic Damages

Economic damages are the more straightforward of the two, as they cover measurable financial losses. These can include:

  • Medical Expenses: If your loved one received medical treatment before their death that was directly related to the wrongful act or negligence, these costs could be recovered.
  • Funeral and Burial Costs: The costs associated with laying your loved one to rest can be significant and are usually covered as economic damages.
  • Lost Wages and Benefits: If the deceased was a breadwinner, the loss of their income can have a devastating impact on the family’s financial stability. Damages can be awarded to compensate for the loss of wages, benefits, and other forms of financial support that the deceased would have provided.
  • Loss of Inheritance: If the wrongful death has resulted in a loss of what surviving beneficiaries would have inherited, this can also be recovered.

Non-Economic Damages

Non-economic damages are less tangible but equally important. They account for the emotional and psychological pain suffered by the family members due to the loss of their loved one. New York is unique in that it generally does not allow for the recovery of non-economic damages like pain and suffering, emotional distress, or loss of companionship, except under specific circumstances such as in medical malpractice cases.

Punitive Damages

While rare, punitive damages may also be awarded in some New York wrongful death cases. These are not meant to compensate the family for their loss, but rather to punish the defendant for particularly egregious behavior and deter similar conduct in the future.

Given the complexities involved in determining the types of damages and calculating their appropriate amount, it is essential to consult experienced wrongful death attorneys who are well-versed in New York law. At The Orlow Firm, we work diligently to ensure that you receive the full compensation you are entitled to, helping you navigate the intricate legal process with sensitivity and expertise.

Determining and proving damages in a wrongful death claim can be a complex and emotionally taxing process. The dedicated team at The Orlow Firm is here to assist you every step of the way. If you have any questions about damages in a New York wrongful death claim, we urge you to call us at (646) 647-3398 for a confidential consultation. Our experienced New York wrongful death lawyers can help you understand your rights and options, providing the guidance and support you need during this challenging time.

How do you prove Negligence in a New York Wrongful Death Lawsuit?

In a New York wrongful death lawsuit, proving negligence is often the linchpin of a successful claim. Negligence is a legal term that essentially refers to a failure to exercise reasonable care, leading to harm or injury to another party. If you believe that your loved one’s death was caused by someone else’s negligence, you’ll need to prove several key elements to establish your case successfully. Understanding these components and how they relate to New York law is crucial when seeking justice for your loved one.

Establishing Duty of Care

The first step in proving negligence is to establish that the defendant had a “duty of care” toward the deceased. This duty varies depending on the relationship between the parties and the situation at hand. For instance, a motorist has a duty to drive responsibly and follow traffic laws, while a healthcare provider has a duty to adhere to medical standards. Without this duty, there can be no claim of negligence.

Breaching the Duty of Care

Once a duty of care is established, you must then prove that the defendant breached this duty. A breach occurs when the defendant fails to meet the expected standard of care under the given circumstances. For example, if a driver runs a red light and causes a fatal accident, that action would constitute a breach of their duty to drive responsibly.


Proving causation is crucial in a New York wrongful death lawsuit. It’s not enough to demonstrate that the defendant was negligent; you must also show that this negligence directly led to your loved one’s death. This often requires expert testimony, such as from medical professionals or accident reconstructionists, who can provide an objective analysis that the defendant’s actions were the proximate cause of the death.


Lastly, you need to show that the negligence resulted in damages, which, in a wrongful death claim, includes the death itself and the associated economic and non-economic losses suffered by the surviving family members. This often involves calculating lost earnings, funeral costs, and sometimes, depending on the case, non-economic damages like emotional suffering.

Given the complexities involved, gathering strong evidence is essential in building your case. This can include medical records, accident reports, eyewitness testimonies, and other types of documentation that can substantiate your claim of negligence. Skilled legal representation is invaluable in this challenging endeavor.

The Orlow Firm has a track record of successfully navigating the complexities of wrongful death lawsuits in New York City. Our dedicated team is committed to helping you prove negligence effectively, ensuring that you are well-positioned to receive the justice and compensation you deserve. If you suspect that your loved one’s death was caused by negligence and have questions about how to proceed, don’t hesitate to reach out to us. Call (646) 647-3398 to schedule a confidential consultation with our experienced New York wrongful death lawyers. We’re here to provide the legal guidance and emotional support you need during this difficult time.

How can The Orlow Firm help with my wrongful death claim?

Pursuing a wrongful death lawsuit is a complex and emotionally taxing endeavor. During this challenging time, having a seasoned legal team by your side can make all the difference in the outcome of your case. At The Orlow Firm, we offer comprehensive legal services to assist you in navigating the intricacies of a New York wrongful death claim.

Expert Legal Analysis

The first step in any wrongful death claim is a thorough evaluation of the case facts to determine if you have a viable claim. We examine all aspects of the case, including evidence, witness statements, and legal criteria, to provide you with a clear understanding of your legal options.

Comprehensive Investigation

Our team undertakes a meticulous investigation to gather all necessary evidence to prove negligence. This can include obtaining medical records, accident reports, and other pertinent documents, as well as consulting with experts like medical professionals and accident reconstruction specialists.

Claim Preparation and Negotiation

After gathering all necessary evidence and information, we prepare a robust case aimed at achieving the maximum compensation for your losses. We also engage in negotiations with insurance companies, aiming for a settlement that fully compensates you. If an adequate settlement isn’t possible, we’re fully prepared to take your case to court.

Court Representation

Our experienced wrongful death attorneys are skilled litigators who can represent your interests in court effectively. We present compelling arguments backed by solid evidence, aiming to convince the jury or judge of the defendant’s negligence and your right to compensation.

Emotional Support and Compassionate Service

At The Orlow Firm, we understand the emotional toll that a wrongful death claim takes on the family. Our team is committed to providing not only expert legal assistance but also the emotional support you need to get through this difficult period.

Full-Service Legal Support

From the moment you engage our services until the resolution of your case, we offer full-service support. This includes handling all paperwork, legal filings, and communications, allowing you to focus on coping with your loss while we focus on securing justice on your behalf.

By choosing The Orlow Firm to represent you, you’re securing a dedicated, experienced team of New York wrongful death lawyers who will fight relentlessly for your rights and interests. If you have lost a loved one and believe it was due to someone else’s negligence, don’t hesitate to contact us for a confidential consultation. Call us today at (646) 647-3398 to learn how we can help you achieve the justice and compensation you deserve.

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Cyber Bullying Laws: Can They Protect Our Children?

Bullying is nothing new; ever since schoolchildren have gathered on playgrounds, youngsters have been singled out by their peers. But, some things have changed, and the disturbing new trend of cyber bullying has turned social media outlets into a hotbed of abusive electronic communications that can sweep through the internet in moments, sometimes with deadly results.

Cyber bullying can take many different forms and occurs among children and teens in a wide range of age groups. For lawmakers, addressing this dangerous trend has proven a challenge. Yet, victims and their parents are not without recourse; swift action by those harmed by cyber bullying can not only stop the cyber bully, but can enforce a culture of zero-tolerance that will ultimately benefit all.

The Cyber Bully and its Victim

One might think that cyber bullying is something that occurs only in middle and high schools throughout the country. Shockingly, the harassment sometimes continues into young adulthood, as some college-age persons play the role of the playground bully.

In a recent high-profile case, 18-year-old student Tyler Clementi leapt to his death off the George Washington Bridge after fellow students secretly filmed and streamed online footage of him involved in a homosexual encounter.

Two undergraduates, Dharun Ravi and Molly Wei, were arrested and have been charged with invasion of privacy, although investigators are considering further charges linked to the fact that the footage captured Clementi engaged in a homosexual act; Cyber bullies who choose their victims based on sexual orientation, religion, race, etc. can be charged with a hate crime, potentially a much more serious charge than invasion of privacy.

The Ugly Methods of Cyber Bullying

The Clementi case is just one example of the gravely serious consequences of cyber bullying. Cyber bullying is broadly defined as when a child, preteen, or teen is tormented, threatened, harassed, humiliated, embarrassed, or otherwise targeted by another child, preteen or teen using the internet, interactive digital technologies, or mobile phones. Adult involvement usually opens the door to other issues, like cyber harassment or cyber stalking.

It can occur in a variety of mediums, including social networking websites like Facebook and Twitter, video-sharing sites such as YouTube, through instant messaging, or via text messaging on a cell phone. As young Americans have wholeheartedly embraced social media, the prevalence of cyber bullying is perhaps unsurprising: estimates of the number of youths who experience cyber bullying range anywhere from 10 percent to 40 percent or more.

New York and Federal Law on Cyber Bullying

With the level of concern over cyber bullying on the rise, many are wondering what local lawmakers are doing to combat the problem. In New York, there are no specific laws against cyber bullying or computer harassment. Yet, at a recent vigil held in honor of Tyler Clementi, Governor Paterson vowed to pass new anti-cyber bullying legislation. Bills seeking to curb cyber bullying have been introduced in the New York legislature before, but have failed to obtain enough approval to be signed into law.

While New York has not yet addressed the phenomenon, other states have. In Connecticut, it is a misdemeanor when a person acts “with intent to harass, annoy or alarm another person” to “communicate with a person…by computer network…in a manner likely to cause annoyance or alarm.” Federal lawmakers are also trying to take action; a bill currently under consideration in the U.S. House of Representative targets harsh words on the internet.

However, even without specific cyber bullying legislation, victims and parents in New York are not without options. Many traditional torts and criminal statutes can and have been used against cyber bullies.

Causes of action such as harassment, defamation, or even wrongful death may be available for use against the cyber bully, their parents, or a school or other responsible supervisor depending upon the facts of a particular incident. As in the Clementi case, prosecutors also may be able to charge for invasion of privacy or hate crimes. The best way to find out what causes of action may be available if your child has been a victim is to contact an attorney.

What You Should Do About Cyber Bullying

Adults have a critical role to play in stopping cyber bullies. Prevention is a powerful strategy, and teaching kids that cyber bullying is not acceptable is a prudent first step. But, when bullying has already occurred, stepping in is essential.

Victims and their parents should contact an experienced New York wrongful death attorney. Bullying cases are difficult to successfully pursue unless the child has experienced serious physical or documented psychological trauma as a result of traditional or cyber bullying; in these cases, financial compensation may be in order. Perhaps more importantly, a knowledgeable attorney can help parents send a strong message of zero tolerance to bullies that can save other children from similar ordeals in the future.

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