Personal Injury Lawyer in New York - No Win, No Fee

At the Law Offices of Albert Goodwin, we work on a "No Fee Until We Win" basis, which means that clients pay nothing out of pocket for legal representation. No attorneys' fees are charged unless the case is successfully won or settled, and fees are only collected if a favorable settlement or verdict is obtained. This arrangement eliminates the financial risk for clients seeking legal help and ensures that legal representation is accessible to all, regardless of their financial situation.

Additionally, there are no upfront fees or hidden charges when working with us. Clients are not required to pay any retainer fees to begin working on their case, and there is no hourly billing or surprise expenses. All costs associated with the case are advanced by the law firm, and the fee structure is transparent, based on a percentage of the settlement or verdict.

The Law Offices of Albert Goodwin is dedicated to helping accident victims throughout New York State. We serve clients in all boroughs of New York City, including Manhattan, Brooklyn, Queens, The Bronx, and Staten Island, as well as clients in Long Island, including Nassau and Suffolk counties. Our firm also assists clients in Upstate New York, including Buffalo, Rochester, Syracuse, and Albany. We offer free consultations to accident victims statewide and provide legal support and guidance to clients in both urban and rural areas of New York. Our team is equipped to handle a wide range of personal injury cases across the state.

Understanding Personal Injury in New York

Personal injury in New York encompasses a wide range of incidents, from car accidents to medical malpractice, and includes physical harm or bodily injury caused by another party's actions or inactions, emotional distress and mental anguish resulting from an incident, and financial losses stemming from the injury, such as medical bills and lost wages. Personal injury cases can involve accidents, intentional acts, and situations involving strict liability.

Negligence is a key concept in personal injury cases, referring to the failure to exercise reasonable care, resulting in harm to another person. The elements of negligence include duty, breach, causation, and damages. Examples of negligence include distracted driving, failing to maintain safe premises, or medical errors. In cases of comparative negligence, when the injured party is partially at fault, damages may be reduced proportionately.

Intentional acts in personal injury law involve harm caused by deliberate actions, such as assault, battery, or false imprisonment. Intentional infliction of emotional distress involves extreme or outrageous conduct that causes severe emotional trauma. Defamation, including libel (written) and slander (spoken), harms a person's reputation. Fraud involves intentional misrepresentation or concealment of facts, causing financial harm. Invasion of privacy, such as intrusion upon seclusion or public disclosure of private facts, is also considered an intentional act in personal injury law.

Strict liability in personal injury claims refers to liability without the need to prove fault or negligence. This often applies to product liability cases, where a defective product causes harm. Manufacturers, distributors, and sellers may be held strictly liable for injuries caused by their products. Strict liability may also apply to certain dangerous activities, such as the use of explosives or keeping wild animals. In some cases, dog owners may be subject to strict liability when there is prior knowledge of the dog's viciousness.

Determining If You Have a Personal Injury Case

In determining if you have a personal injury case, establishing negligence or fault is crucial. This involves proving that the defendant owed a duty of care, which is a legal obligation to act with reasonable care to prevent harm to others. The duty of care varies depending on the relationship between the parties and the circumstances, with examples including drivers owing a duty to operate vehicles safely, property owners owing a duty to maintain safe premises, and doctors owing a duty to provide competent medical care. In some cases, duties may be established by statute, such as building codes or traffic laws, and professionals, such as lawyers or accountants, owe a higher standard of care in their areas of expertise.

Breach of duty refers to the failure to act with the level of care that a reasonable person would exercise in similar circumstances, and is determined by comparing the defendant's actions to those of a hypothetical "reasonable person". Examples of breach of duty include a driver texting while driving, a store owner failing to clean up a spill, or a doctor prescribing the wrong medication. Breach may be proven through evidence such as eyewitness testimony, expert opinions, or video footage, and in some cases, the breach may be so obvious that it can be inferred without direct evidence, such as a surgeon leaving a tool inside a patient during surgery.

Causation requires that the plaintiff's injuries be directly caused by the defendant's breach of duty, with proof that the harm would not have occurred "but for" the defendant's actions or inactions. Examples include a car accident caused by a driver running a red light, a slip and fall injury caused by a property owner's failure to fix a broken step, or a patient's worsened condition due to a doctor's misdiagnosis. In some cases, there may be multiple causes, and the defendant's actions must be a substantial factor in causing the harm. Expert testimony may be necessary to establish causation, particularly in complex cases such as medical malpractice or product liability.

Finally, damages require that the plaintiff have suffered actual harm or losses as a result of the defendant's actions, including physical injuries, emotional distress, financial losses, and property damage. Examples of damages include medical expenses, lost wages, pain and suffering, and loss of enjoyment of life, and must be proven through evidence such as medical records, expert opinions, and financial documents. In some cases, punitive damages may be awarded to punish the defendant for particularly egregious conduct and deter similar behavior in the future. Damages are often the most contested aspect of a personal injury case, and the amount may be determined through negotiation, mediation, or trial.

How a New York Personal Injury Lawyer Can Help

We offer free initial consultations, allowing potential clients to discuss their case and learn about the legal process without any cost or obligation. During this consultation, we can assess the strengths and weaknesses of the case, explain the contingency fee structure, and provide an estimate of the potential value of the case.

We also provide a comprehensive case evaluation, involving an in-depth analysis of the facts and circumstances surrounding your case, identification of potential liable parties and theories of liability, assessment of the strengths and weaknesses of your claim, evaluation of the evidence and potential challenges in proving your case, determination of the most effective legal strategy for pursuing your claim, explanation of the legal process and what to expect at each stage of your case. Here, we provide an honest and realistic assessment of the potential outcomes and value of your case.

We also determine the full extent of damages, after a comprehensive review of your medical records and treatment history, consultation with medical experts to assess the nature and extent of your injuries, analysis of the short-term and long-term impact of your injuries on your health, employment, and quality of life, calculation of your past, present, and future medical expenses related to the injury, evaluation of your lost wages, benefits, and earning capacity due to the injury, assessment of your pain, suffering, and emotional distress resulting from the incident.

After the initial consultation, we can determine whether your case can be accepted on a no win-no fee basis. We handle all types of personal injury cases, including car, truck, and motorcycle accidents; pedestrian and bicycle accidents; public transportation accidents; slip and fall accidents; premises liability; construction accidents; medical malpractice; nursing home abuse; product liability; dog bites; and wrongful death.

Damages Pursued in a Personal Injury Case

Economic damages in personal injury cases include a wide range of expenses and losses:

• Medical expenses such as hospitalization costs, surgery and medical procedures, doctor visits and consultations, prescription medications, medical equipment and devices, rehabilitative therapy (physical, occupational, speech), in-home care services, and future medical treatment and care costs
• Lost wages and income, including wages lost due to missed work during recovery, bonuses, commissions, and other income lost, value of sick days, vacation days, or personal time used, lost earning capacity if injuries prevent returning to previous job, and lost future income if injuries result in permanent disability
• Property damage, which may include vehicle repair or replacement costs, damage to personal belongings (clothing, electronics, jewelry), and repair or replacement of damaged home or real estate property
• Out-of-pocket expenses related to the injury, such as transportation costs to medical appointments, modifications to home or vehicle for accessibility, child care expenses incurred due to injury, and household services (cleaning, lawn care, meal preparation) if unable to perform due to injury

Non-economic damages in personal injury cases encompass various forms of physical, emotional, and psychological harm:

• Pain and suffering, which encompasses physical pain and discomfort, emotional distress and mental anguish, anxiety, depression, or post-traumatic stress disorder (PTSD), loss of enjoyment of life, and inconvenience and frustration due to injuries
• Loss of consortium, which includes loss of companionship, affection, and support from a spouse, loss of sexual relations and intimacy, and strain on family relationships due to injuries
• Scarring and disfigurement, involving physical scars and permanent changes in appearance, emotional impact of scarring and disfigurement, and plastic surgery or reconstructive procedures needed
• Disability and impairment, including permanent physical limitations and restrictions, loss of bodily functions or senses, need for assistive devices or accommodations, and emotional impact of disability on self-esteem and quality of life

Punitive damages may be awarded in cases of extreme or egregious conduct:

• Designed to punish the defendant for reckless, willful, or malicious actions
• Meant to deter similar misconduct in the future
• Not awarded in all personal injury cases, only those involving particularly reprehensible behavior, such as drunk driving accidents, intentional assaults, or grossly negligent medical care

Wrongful death damages encompass the losses suffered by the deceased's family members:

• Funeral and burial expenses
• Medical expenses incurred before death
• Lost income and financial support the deceased would have provided
• Loss of services, care, and assistance provided by the deceased
• Loss of love, companionship, and guidance from the deceased
• Mental anguish and emotional suffering of surviving family members
• Lost inheritance and estate value

Calculating personal injury damages involves gathering evidence of economic losses (medical bills, pay stubs, repair estimates), consulting with medical experts to determine future treatment needs and costs, analyzing the long-term impact of injuries on earning capacity and career, assessing the severity and duration of pain, suffering, and emotional distress, comparing the case to similar personal injury settlements or verdicts in the jurisdiction, negotiating with insurance companies and defense attorneys to reach a fair settlement, presenting compelling arguments and evidence to a jury to justify the requested damages, utilizing settlement calculators, formulas, or multipliers as a starting point for negotiations, considering the individual circumstances, background, and impact of the injuries on the specific plaintiff, and adjusting the damages demand based on the strength of liability arguments and available insurance coverage.

At the Law Offices of Albert Goodwin, we provide personalized attention to each client, ensuring that your unique needs and goals are met throughout the legal process. We operate on a contingency fee basis, meaning that you pay no fees unless we win your case. The contingency fee percentage typically ranges from 33% to 40% of the total recovery, depending on the complexity of the case and the stage at which it is resolved. For example, if a case settles before a lawsuit is filed, the fee may be on the lower end, around 33%, while if the case goes to trial, the fee may be closer to 40%. If no recovery is obtained, the client does not owe any fees. This structure incentivizes early resolution and accounts for the increased time and effort required as a case moves forward.

In addition to the contingency fee, clients may be responsible for certain out-of-pocket expenses related to the case, such as court filing fees, expert witness fees, and deposition costs. These expenses are typically advanced by the law firm and deducted from the final settlement or award before the contingency fee is calculated. For instance, if a case settles for $100,000 with $5,000 in expenses and a 33% contingency fee, the expenses would be deducted first, leaving $95,000, and then the attorney's fee of $31,350 would be calculated from that amount, leaving the client with $63,650.

When engaging a personal injury lawyer, it is important to discuss the contingency fee arrangement and any potential expenses upfront to ensure a clear understanding of the financial aspects of the case. Hiring a personal injury lawyer on a contingency fee basis allows individuals to pursue legal action without having to pay any money out of pocket, making it more accessible for those who may not have the financial means to pay for legal representation upfront. It also aligns the interests of the lawyer and the client, as the lawyer only receives a fee if they successfully recover compensation for the client.

The Law Offices of Albert Goodwin represents accident victims throughout the state of New York, including all five boroughs of New York City (Manhattan, Brooklyn, Queens, The Bronx, and Staten Island), Long Island, and Upstate New York. Should you need representation, you can call us at 212-233-1233 or send us an email at [email protected].