Bronx Personal Injury Lawyers

Experienced New York Personal Injury Attorneys Serving the Bronx

Personal injury law exists to protect people who are negligently injured by another, and a Bronx personal injury lawyer is your greatest advocate when pursuing compensation for your losses.

Nestled at the confluence of history, culture, and diversity, the Bronx, New York’s northernmost borough, stands as a vibrant testament to resilience and community. Known for its rich history, from the verdant expanses of Pelham Bay Park to the cultural tapestry of Arthur Avenue, the Bronx offers a unique backdrop for its residents’ lives and, at times, their legal challenges. It is within this dynamic environment that personal injury law assumes a pivotal role, safeguarding the well-being of those who face adversity due to negligence.

Personal injury law is crafted to protect individuals who are injured through no fault of their own, ensuring they receive the support and compensation necessary for their recovery. In the bustling streets of the Bronx, where the vibrancy of urban life is met with unforeseen accidents and injuries, the experience of a Bronx personal injury attorney becomes indispensable.

Victims of personal injury in the Bronx encounter a myriad of challenges, from navigating the aftermath of an accident in one of the city’s busiest boroughs to dealing with the complexities of legal claims. Whether injuries are sustained amidst the hustle of Fordham Road or the quiet of City Island, the law offers a path to restitution and recovery.

Recognizing the diverse nature of personal injury cases—ranging from car accidents on the Cross Bronx Expressway to workplace injuries in burgeoning businesses—our legal team is committed to advocating for every client’s rights. With the borough’s landscape as our backdrop, we draw upon the Bronx’s spirit of resilience and determination in every case we handle.

If you, a Bronx resident or visitor, have been injured due to someone else’s negligence and feel you have a sound personal injury claim, Maggiano, DiGirolamo & Lizzi stand ready to support you. Call (212) 543-1600 or contact us online for a FREE consultation.

With a profound understanding of both the local community and the intricacies of personal injury law, our attorneys are uniquely positioned to navigate the legal landscape on your behalf. Our Bronx personal injury lawyers will fight for the compensation you deserve.

What Is Personal Injury Law?

Since the burden of proof will always lie with the plaintiff under these circumstances, seeking the counsel of an attorney who is experienced in the subtleties of the law will be in your best interest.

Personal injuries can take many forms, affecting a victim physically, emotionally, and financially. No matter the specifics of the situation, if you’ve been injured due to another person’s negligence, you should not have to pay for the damage done. That is precisely why personal injury law exists—to assist victims in pursuing just compensation for their injuries.

First, it is important to understand what negligence entails, as it is the foundation of personal injury law. If a person fails to behave in the manner of a reasonable person in a given situation, whether by action or inaction, that person is considered negligent.

A personal injury is an injury that results from said negligence. This injury may be physical, emotional, or reputational. Personal injury law is the civil remedy a victim may have against the negligent party in an attempt to recover just compensation for their injuries.

Establishing the negligent party in a personal injury claim isn’t always straightforward. However, an experienced Bronx personal injury attorney will have the insight and resources to investigate your claim, identify the responsible party, and pursue the appropriate compensation.

The Bronx: A Community of Resilience

The Bronx, with its iconic landmarks like Yankee Stadium and the Bronx Zoo, is more than just a borough—it’s a community that thrives on resilience and solidarity. It’s within this setting that personal injury cases often unfold—against a backdrop of historical struggles and triumphs that mirror the journeys of those seeking justice for their injuries.

In the 1960’s and 70’s, the Bronx saw a decline in the quality of life. Some say this was due to the establishment of the Cross Bronx Expressway. Construction split up and destroyed neighborhoods. It was most likely a combination of factors that led to unrest and a string of arsons that further destroyed our borough. However, throughout the 80’s and 90’s and up to the present, there has been a revitalization in the Bronx.

This vast development has brought back homes, neighbors, and jobs. With that growth, there has been an increase in car accidents, workplace incidents, and premises liability claims, among other occasions of negligence.

We wouldn’t trade our home for anything! In order to protect it and the lives we lead here, the Bronx needs personal injury attorneys who are willing to fight courageously for the rights of our citizens.

What Are the Types of Personal Injury Cases We Accept?

When a party fails to use the ordinary prudence of a reasonable person and their actions result in your injury, you may have a personal injury claim. The details of these claims range drastically in nature, but they generally fall under some common types of personal injury. These include but are not limited to:

Have you sustained an injury because of someone else’s carelessness? Are you wondering if you have a strong personal injury case? Get in touch with Maggiano, DiGirolamo & Lizzi for a FREE consultation. Our Bronx personal injury attorneys will aggressively pursue your rightful compensation.

What Is the Most Common Type of Personal Injury Claim?

Car accidents are the most common personal injury claim by far. In 2020, the National Highway Traffic Safety Administration (NHTSA) recorded 1,593,390 police-reported vehicle traffic crashes involving injury. Shockingly, that exorbitant number was significantly lower than the previous 6 years due to the pandemic. The sheer number of car accident injuries each year accounts for a substantial number of personal injury claims.

Do I Have a Valid Personal Injury Claim?

A successful personal injury claim will prove that the negligence of another caused your injury and losses. As the onus lies squarely with the plaintiff in these types of cases, you will need to provide proof of your injuries and losses and that the defendant is the party responsible.

A personal injury lawyer has years of experience and the vast resources necessary to build a successful case. If you suspect you have a claim, contact Maggiano, DiGirolamo & Lizzi for a FREE consultation. We can evaluate your claim, ensure its validity, guide you through the process, and pursue compensation on your behalf.

Insurance companies will not consider your interests as you navigate your claim. When you are trying to heal and get back to who you were before the accident, the intricacies of the law are the last thing you want to spend your energy on. Hire a capable attorney to advocate for your rights.

What Are the 3 Types of Damages a Personal Injury Victim May Receive?

Damages are the monetary compensation that an injured party is entitled to under the law when their injuries are due to another party’s negligence. There are three main types of damages that are considered in a personal injury case: economic, noneconomic, and punitive.

Both economic and noneconomic damages are considered compensatory. Compensatory damages compensate the plaintiff for losses related to the injuries that resulted from the defendant’s negligence.

Economic damages are also referred to as actual or special damages. These are quantifiable, verifiable losses that the plaintiff has suffered. When assembling your case, you will want to make sure to save any documentation or receipts related to the claim to prove these losses.

Some examples of economic damages include:

Medical expenses (past, ongoing, and future)
Rehab or physical therapy
Medicine & prescriptions
Mobility aids & home modifications
Lost wages & benefits
Diminished or lost earning potential
Property damage
Replacement costs (lawn maintenance, childcare, household chores)

Noneconomic damages are also referred to as general damages. These are more subjective, as they deal with non-monetary losses. Though not as easy to prove and assess, general damages are just as legitimate as actual damages.

Some examples of noneconomic damages include:

Pain & suffering
Mental anguish
Loss of enjoyment of life
Loss of consortium
Permanent disfigurement
Impairment
Reputational damage

A third category of damages is punitive damages. It is incredibly rare to see punitive damages awarded in a personal injury case. These damages are not compensatory. The goal of awarding punitive damages is to punish the defendant for their egregious behavior and deter other parties from behaving similarly in the future.

Over the years, Maggiano, DiGirolamo & Lizzi has collected more than $300 million in compensation for our clients. We believe that personal injury victims should not have to struggle with financial hardships on top of the physical and emotional pain they may be suffering.

No two personal injury cases are alike. We need to evaluate your claim to give you an idea of the specific damages you may be able to pursue compensation for. Don’t hesitate to reach out to a Bronx personal injury lawyer. We can help you navigate the complexities of your case.

Client Success Story

Michael Maggiano is one of the hardest working, ethical attorneys that you can have represent you. When I was going through my injury, emotional pain and suffering, the last thing I wanted to think about was who would be the right lawyer who is caring and understanding of my situation. Well Michael was there every step of the way. Through his guidance, support and legal advice, somehow he got me through this ordeal. If I have to rate Michael between 0 to 10, he is definitely a 12! Believe it or not, if you call Michael on his telephone, he will call you back the same day or night to try to help you with your concerns and questions. Why? BECAUSE HE CARES

- Sal R.

Client Success Story

Stefanie/Mike: can’t express in words my gratitude. Thank you both for all the hard work and Mike, you’re simply the best!

- Moses V. Rambarran, Esq. | The Rambarran Law Firm

Client Success Story

I was one of those people who thought I would never sue anyone. That changed after I slipped and fell on a snow-covered hotel parking lot. I suffered a severe shoulder injury and it became apparent that I was not going to be compensated for my injury acting on my own. I live in Tennessee, so I was somewhat nervous about how I could coordinate with a legal team given the distance and the difference in time zones. I researched personal injury lawyers and was impressed with what I learned about the Maggiano law firm. I needed an attorney who had the knowledge, experience and reputation to represent me, but just as important was having an attorney who could relate to me and one who I could trust.

I knew after my first phone call with him that Mr. Maggiano was the attorney I wanted on my case. Mr. Maggiano brought in the right people to document and validate my situation which helped reinforce the facts of my injury. Everyone at the law firm was wonderful to work with! Linda Reid was a great source of information and support. I was very pleased with the settlement, and I know I would not have gotten this level of compensation without Mr. Maggiano and his team representing me. He definitely deserves a five star rating.

- Elaine

What Is the Personal Injury Claim Process?

Though every personal injury claim is completely different, there are some basic steps in the process. Each step comes with its own complications. Having the knowledge of a New York City personal injury lawyer working on your behalf will be an incalculable asset.

The steps in the personal injury claim process consist of:

1. Investigation

In addition to an initial claim evaluation, your attorney will need to investigate the circumstances of your case. In the process, evidence will be collected and a determination of fault will be made.

2. Issuing a Demand

The compensation a plaintiff receives for their losses is usually paid through the defendant’s insurance. This could be car insurance in the case of a crash, homeowner’s insurance in a premises liability claim, workers’ compensation insurance when the accident occurred at work, and so on.

Once the liable party or parties have been identified, your personal injury lawyer will establish what insurance coverage is available. Then, a demand letter will be issued to that insurer explaining the cause of action and the damages being sought.

3. Settlement Negotiations

Insurance companies tend to want to settle—and quickly. A speedy settlement often means that the injured party hasn’t been able to consult a lawyer on the appropriate amount of compensation. It also means that the full extent of their injuries has yet to become apparent.

A settlement doesn’t require the time and money that goes into a trial. With the insurance company’s bottom line at the forefront of their minds, insurance carriers would much rather negotiate than litigate. It is crucial to attain the services of a practiced negotiator when discussing a deal with an insurance company.

4. Litigation

Many personal injury cases will never reach the litigation phase. However, in certain instances, it is worth it to pursue your legal rights and just compensation. After filing the lawsuit, your attorney will begin to prepare your case for trial. Settlement negotiations may continue throughout the process. However, building a solid case is essential should a settlement fail to be reached.

5. Trial

If you go to trial, your personal injury attorney will handle your case, calling witnesses and presenting evidence to support your claims. Should a verdict be reached in your favor, the compensation will ideally exceed what was offered in the settlement process.

Succeeding at trial requires a skilled trial lawyer. At Maggiano, DiGirolamo & Lizzi, we have a proven track record of success advocating for our clients’ rights.

How Long Does a Personal Injury Lawsuit Take in NYC?

A common question from our clients is, “How long will my lawsuit take?” As we’ve said before, due to the unique nature of each personal injury claim and the multitude of factors involved, it is impossible to estimate how long a case will take to resolve. On average, a claim can take a few months to several years to resolve.

Most personal injury cases will be settled before they go to trial. Trials will typically take far longer to resolve, though the compensation usually exceeds a settlement’s. Plaintiffs will often settle to get their compensation faster. An experienced Bronx personal injury attorney will be able to go over the pros and cons of a settlement with you, allowing you to make an informed decision.

How Soon After My Injury Should I File a Lawsuit?

It is always important to pursue your case as soon after your injury as possible. Each state has its own statute of limitations on filing a personal injury case. You may also need to file police reports, workers’ compensation claims, or accident reports with an insurance company (among other tasks). Handling things swiftly will preserve evidence and protect your case from being tossed out on a technicality.

Statutes of limitations will also vary depending on the type of personal injury you’ve suffered. For instance, in New York, the statute of limitations on car accidents, negligent emotional distress, product liability, slip & fall, and “other negligence resulting in personal injury” is 3 years from the accident date. However, the statute of limitations is 2 years in a wrongful death suit and 2 years 6 months in a medical malpractice case.

This may sound like plenty of time to assemble your case, but we urge you to remain vigilant. Time can go by so quickly, especially when you are trying to recover and get back to “normal” life. It will also take time to assemble your case. The more time that passes, the harder it will be to find reliable witnesses and evidence.

To avoid being barred from pursuing your case, contact a Bronx New York personal injury lawyer as soon as possible. They can get the process started while you focus on healing from your injuries.

How Much Does A Personal Injury Lawyer Cost?

With Maggiano, DiGirolamo & Lizzi, you will receive a FREE consultation on your case. In this exchange of information, we will evaluate the validity of your claim and inform you what our firm can do for you. You needn’t worry about cost when you are struggling to heal and pursue financial compensation for your losses.

We handle all of our personal injury claims on a contingency fee basis. You will not need to pay any fees or costs unless and until we come to a settlement in your case or win at trial. Once you have received compensation, our fee will be a percentage of that recovery. You will not need to pay out of pocket for the services of our personal injury lawyers.

This contingency agreement ensures that you can focus on getting better while we build your case and fight for an optimal result. We understand what it can be like when you are injured, unable to work, and watching the bills pile up. Our goal is to find you relief and just compensation for your ordeal.

Frequently Asked Questions

How Long Does It Take to Settle a Personal Injury Case in NYC?

The timeline to settle a personal injury case in the Bronx varies. Factors influencing this include:

Case Complexity: Clear-cut claims might settle in a few months, but disputed or multi-party cases can take longer.
Injury Severity: More severe injuries need thorough evaluations, and it may take more time to understand their full extent, potentially lengthening negotiations.
Insurance Companies: Some are quicker to settle; others might prolong the process, especially when large sums are at stake.
Extended Legal Process: Sometimes, a settlement may only be able to be reached by filing a lawsuit. Courts often have backlogs, which might delay trial dates.

New York’s statute of limitations under CVP § 214 gives accident victims 3 years to file a personal injury lawsuit, while victims of medical malpractice have 2 ½ years (CVP § 214-a). There are nuances and some exceptions, but it’s vital not to wait too long.

Consulting with an experienced Bronx New York personal injury lawyer early on can ensure you are pursuing compensation through all appropriate avenues. If you’ve been injured, reach out today for a FREE consultation to better understand your rights and potential timelines.

How Long Does an Insurance Company Have to Settle a Claim in New York?

In New York, including the Bronx, insurance companies are legally obligated to acknowledge receipt of a claim within 15 working days. Once you’ve provided the necessary documentation and proof of your claim, the insurance company generally has 30 business days to approve or deny it, per New York Insurance Law § 2601(4).

If your claim is approved, the insurance company has 5 business days to make the payment. If your claim requires further investigation, the insurer must provide written notice detailing what information is missing and must make a decision within 15 business days of obtaining the needed details.

What Is the Average Personal Injury Settlement in NYC?

Settlement amounts in personal injury cases in NYC vary widely based on the specifics of each case. Factors influencing the settlement amount include:

Severity & permanence of injuries
Medical expenses
Lost wages
Pain & suffering
Percentage of fault

While it’s challenging to pinpoint an “average” settlement, minor injuries might settle for a few thousand dollars, while serious, debilitating injuries or wrongful death cases can reach settlements in the millions.

New York’s no-fault insurance system also plays a role in determining settlement amounts, particularly in auto accident claims. Under this system, an injured party can recover medical costs and lost wages from their insurance company, irrespective of who was at fault, up to a specific limit.

However, if injuries surpass a certain severity threshold or expenses exceed no-fault limits, victims can pursue additional compensation from the at-fault party’s insurance. In these cases, a pure comparative negligence rule is followed. Per CVP § 1411, a plaintiff can recover damages no matter their level of fault; however, their award will be diminished by the proportion for which they are culpable.

Given the intricacies of the legal system and the factors determining settlements, it’s essential to consult with Bronx New York personal injury attorney. Schedule a FREE consultation today to get a clearer understanding of what you might expect in your unique situation.

What Happens If Insurance Doesn't Want to Settle?

When an insurance company refuses to settle a claim, it can be stressful and frustrating for the injured party. Insurance companies might deny a claim for several reasons, including: they believe their policyholder isn’t at fault, the damages claimed aren’t covered, or they argue the injuries aren’t as severe as presented.

If an insurance company denies your claim or offers a settlement that doesn’t adequately cover your damages, you have several options:

Negotiation: Your attorney can negotiate with the insurer, presenting evidence to counter their reasons for denial or lowball offers.
Mediation: A neutral third party helps both sides reach an agreement. Mediation is less adversarial than court and can be a quicker resolution method.
File a Lawsuit: If negotiations fail, your attorney can file a lawsuit against the insurer or the responsible party. This action moves the dispute from an administrative process to the legal system.
Department of Financial Services Complaint: If you believe an insurer is acting in bad faith, you can file a complaint with the New York State Department of Financial Services.

Confronting an insurance company can be daunting, but with the skill and experience of personal injury lawyers on your side, you stand a better chance of receiving the compensation you deserve.

Can You Sue for Pain & Suffering in NY?

Absolutely. In New York, victims of personal injuries can sue for pain and suffering. These damages are considered non-economic, meaning they don’t have a specific dollar amount attached to them like with medical bills or lost wages. Instead, they compensate for the physical pain, emotional distress, loss of enjoyment of life, and other intangible harms resulting from the injury.

However, there are some nuances involving the pursuit of damages for pain and suffering. For instance:

Serious Injury Threshold for Car Accidents

New York operates under a no-fault insurance system for car accidents. To step outside this system and file a lawsuit for pain and suffering, the victim must demonstrate they’ve suffered a “serious injury” as defined by ISC § 5102(d). This may include dismemberment, significant disfigurement, bone fractures, or any injury that substantially impairs a person’s daily activities for 90 days within the 180 days immediately after the accident.

Can a Personal Injury Settlement Be Garnished in New York?

Personal injury settlements are generally protected from garnishments by most creditors, ensuring victims receive the compensation they deserve after a traumatic incident. This protection acknowledges the importance of these funds in assisting victims in recovering and coping with injuries and potential lifestyle changes.

However, there are exceptions:

Medical Expenses: If you owe past medical bills related to the injury, healthcare providers or their debt collectors might have a claim against your settlement funds. This is especially relevant if a medical lien has been placed on your settlement.
Child Support & Alimony: Personal injury settlements can be garnished for past-due child support or alimony in New York. It’s essential to remain current on these obligations to protect your settlement.
Government Liens: If government agencies like Medicaid provide medical assistance due to the accident, they might be entitled to reimbursement from the settlement funds.
Federal Debts: If you owe money to federal agencies, they might be able to garnish your personal injury settlement to recover the debt.

If you’re concerned about garnishment or want to understand how to best protect your personal injury settlement, contact the Bronx New York personal injury lawyers at Maggiano, DiGirolamo & Lizzi. We can guide you through the complexities of the law, ensuring that your settlement serves its primary purpose: to aid your recovery.

Is There a Statute of Repose for Personal Injury in NY?

While the term statute of limitations is often heard in the Bronx and New York as a whole, statute of repose is less commonly discussed. The two are distinct legal principles, though they both concern the timeframe for initiating legal actions.

The statute of limitations sets a deadline based on the discovery of the injury or wrongdoing, determining how long a plaintiff has to file a lawsuit after an incident or injury occurs. In New York, the general statute of limitations for personal injury cases is three years from the date of the injury.

On the other hand, a statute of repose sets an absolute deadline for filing a claim, regardless of when the harm or injury was discovered. This is most commonly associated with product liability cases or construction defects. New York does not have a general statute of repose for personal injury claims. However, specific claims, like those against architects, engineers, and builders, may have certain time limits.

It’s crucial to understand these nuances and act promptly to protect your rights. If you believe you have a personal injury case, don’t wait to contact a personal injury attorney to review your case and ensure that all critical deadlines are met.

Hire a Bronx Personal Injury Attorney Today—We’re Here to Help

The Bronx thrives as a beacon of urban diversity, echoing with the energy of its tight-knit communities and bustling neighborhoods. It’s a place where the rhythm of city life meets the tranquility of natural escapes, from the serene waves at Orchard Beach to the adventurous trails in Van Cortlandt Park.

Our borough is steeped in a rich tapestry of traditions, offering culinary delights from around the globe and fostering a burgeoning arts scene that rivals its historical significance. The resilience and spirit of its residents illuminate the Bronx, making it not just a part of New York City, but a distinct, lively home to a mosaic of stories and dreams.

At Maggiano, DiGirolamo & Lizzi, we are devoted to our mission of helping personal injury victims in the Bronx get the justice they deserve. If you’ve been injured due to the negligence of another party, you should not have to suffer the financial burden as well as the pain of your injuries. We will fight for your right to receive just compensation from the person or entity that caused your injury.

Contact us for a FREE consultation with a Bronx personal injury lawyer today. Let’s evaluate your claim to see if you have just cause to pursue compensation. We are here to help, and you will owe us nothing unless we settle or win your case.