New York City Deaf and Hard-of-Hearing Personal Injury Attorneys
Personal Injury Representation Throughout New York State
Suffering any kind of injury in an accident can be life-changing, especially if you incur massive hospital bills, lose wages, or are unable to return to your previous job. It can also be difficult to advocate for yourself in the aftermath of an accident, especially when the negligent party and legal professionals who are supposed to help you are not familiar with how to effectively communicate with persons with hearing loss.
At Bruce J. Gitlin, P.C., we are committed to fighting for members of the deaf and hard-of-hearing communities in personal injury litigation. If you suffered injuries or losses as the result of malicious conduct or an accident that was not your fault, we may be able to help you recover damages.
Our New York City deaf and hard-of-hearing personal injury lawyers have over 40 years of experience and have litigated these matters in state and federal courts. We understand how to effectively work with persons with hearing loss and will ensure you receive the communication and resources you deserve.
Securing the compensation that you are entitled to under the law is our top priority, and we will be there to protect your interests from beginning to end.
If you think you may have a personal injury claim, do not hesitate to contact us online or call (646) 513-4556. Our firm offers services in American Sign Language (ASL), English, and Spanish.
Personal Injury Cases We Handle in New York
Our team at Bruce J. Gitlin, P.C. is prepared to handle many types of personal injury claims. When you come to our firm, we will work with you through your preferred communication method and take the time to learn your story. After carefully reviewing the facts of your case, we will review your rights and help you understand what types of compensation you may be able to recover.
Our New York City deaf and hard-of-hearing personal injury attorneys are prepared to assist you with cases involving:
- Car, Truck, and Motorcycle Accidents. Motorists owe a duty of care to other drivers on the road, and they become liable for any injuries they cause when they fail to follow traffic rules or drive recklessly. Other parties may be liable for truck accidents and or crashes caused by vehicle component defects.
- Slip and Falls. If you are injured in a fall caused by a dangerous condition (such as a slick surface or uneven flooring), the property owner may be liable if they knew about or should have known about the hazard but failed to adequately warn you or resolve it.
- Work Accidents. You cannot typically sue your employer (or a co-employee) if they maintain a workers’ compensation insurance policy, even if they were at fault for a workplace accident. However, you can pursue a personal injury claim against a third party whose negligence caused your injuries in addition to collecting compensation through workers’ comp.
- Sexual Abuse. If you have experienced any level of sexual abuse, you may be able to file a civil lawsuit against the perpetrator and attempt to recover damages.
- Wrongful Death. When an accident kills someone, qualifying parties (including immediate surviving relatives and representatives of the estate) can file a lawsuit against the liable party.
What is Negligence?
Negligence in personal injury law refers to a legal concept where a person or entity fails to exercise reasonable care, resulting in harm or injury to another person.
To establish negligence in a personal injury case, typically four elements must be proven:
- Duty of Care: The defendant (the person being sued) owed a legal duty to the plaintiff (the injured party) to act in a reasonably safe manner or to avoid causing harm.
- Breach of Duty: The defendant breached that duty by either acting carelessly or failing to act when they had a duty to do so.
- Causation: The defendant's breach of duty was the direct cause of the plaintiff's injuries. This is often divided into two parts:
- Cause in Fact: The injury would not have occurred "but for" the defendant's actions or negligence.
- Proximate Cause: The defendant's actions were sufficiently related to the injury that occurred, without too many intervening events.
- Damages: The plaintiff suffered actual harm or losses as a result of the defendant's breach of duty. These damages can include medical expenses, lost wages, pain and suffering, and other related costs.
Each element of negligence must be proven by a preponderance of the evidence for the plaintiff to succeed in their claim and recover compensation for their injuries.
How to Prove Negligence
Proving negligence in a personal injury claim involves gathering and presenting evidence that demonstrates each element of negligence.
Generally speaking, proving negligence follows the below process:
- Gather Evidence: Collect all relevant evidence such as police reports, medical records, witness statements, and any other documentation that supports your claim.
- Use Expert Testimony: Expert witnesses, such as medical professionals or accident reconstruction experts, can provide specialized knowledge to establish breach of duty or causation.
- Document Damages: Keep thorough records of all expenses and losses incurred as a result of the injury. This helps in quantifying and proving the extent of damages suffered.
- Adhere to Legal Standards: Understand the legal requirements and standards of proof in your jurisdiction. Work with a qualified personal injury attorney who can navigate these complexities and advocate for your rights effectively.
Successfully proving negligence requires a comprehensive approach, meticulous preparation, and presentation of compelling evidence to demonstrate each element of the legal claim. Have questions about your case? Contact our experienced personal injury attorneys today to learn about your rights and options in your case.
New York City Personal Injury FAQ
What are the common communication barriers faced by the Deaf, Deafblind, and Hard of Hearing communities during personal injury cases?
- Lack of Qualified Interpreters: It may be difficult to find qualified interpreters who are familiar with legal jargon, which can cause miscommunications.
- Inadequate Use of Assistive Technology: Effective communication is hampered in legal situations where video relay services or captioning are not available.
- Difficulties with Written Communication: Written communication could not be a suitable replacement for spoken language for many people, particularly those who primarily communicate through sign language.
- Cultural Misunderstandings: Interactions and the legal process as a whole may be impacted by a lack of knowledge about Deaf culture and communication preferences.
Legal records are frequently unavailable in accessible formats, which makes it challenging for people to completely comprehend their rights and the specifics of their case.
What accommodations should be requested during legal proceedings to ensure fair treatment for Deaf, Deafblind, and Hard of Hearing individuals?
To ensure fair treatment for Deaf, Deafblind, and Hard of Hearing individuals during legal proceedings, the following accommodations should be requested:
- Ensuring the availability of qualified sign language interpreters who possess knowledge of legal terminology is crucial.
- Real-Time Captioning: Instantaneously convert spoken words into text by offering Communication Access Realtime Translation (CART) services.
- Assistive listening devices: For individuals who are hard of hearing, augment sound using equipment such as FM systems or hearing loops.
- Legal papers should be made available in accessible formats, such as big print, braille, or digital text, to meet the needs of a range of users.
- Use video relay services to interact remotely. With the help of a video interpreter, people can communicate using sign language.
- Tactile Interpreters: Provide tactile interpreters who can translate for Deafblind people.
- Visual Aids: To enhance oral communication and guarantee understanding, use written materials and visual aids.
Why Hire a New York Personal Injury Lawyer?
If you have sustained an injury due to someone else’s negligence, it is important that you seek help from a qualified personal injury attorney. In many cases, these attorneys will be able to help you receive the compensation you deserve for medical bills, lost wages, and pain and suffering.
Hiring a personal injury lawyer in New York may seem like an intimidating process, but it can be invaluable in helping you get the justice and reimbursement you need. A qualified attorney can investigate the accident, help you navigate the legal system, and protect your rights. They will have an in-depth knowledge of applicable laws and can offer expert advice in dealing with insurance companies.
Additionally, New York personal injury attorneys often have access to resources that you may not have at your disposal, such as investigators and expert witnesses. They can use these resources to build a strong case on your behalf and maximize the value of your claim.
Here are a few considerations to help you decide if you need a personal injury lawyer in NY:
- Severity of Injury: If you've sustained serious injuries that require extensive medical treatment, a lawyer can help ensure you receive adequate compensation.
- Liability Disputes: If there's any dispute about who is at fault, a lawyer can help gather evidence and build a strong case.
- Insurance Company Issues: If you're having trouble with an insurance company, such as low settlement offers or claim denials, a lawyer can negotiate on your behalf.
- Complex Legal Procedures: Personal injury cases can involve complex legal procedures and deadlines. A lawyer can navigate these to protect your rights.
- Maximizing Compensation: A lawyer can help you understand the full extent of damages you may be entitled to, including medical expenses, lost wages, and pain and suffering.
If any of these situations apply to you, consulting with a personal injury lawyer could be beneficial. They can provide guidance tailored to your case and help you understand your legal options.
At Bruce J. Gitlin, P.C., our New York personal injury lawyers specifically serve members of the deaf and hard-of-hearing communities. We will ensure their rights and best interests are protected inside and outside the courtroom to obtain the most favorable award or settlement.
Contact us today at (646) 513-4556 and schedule a free consultation to learn how our New York personal injury lawyer can help you and your family.
Recovering Damages in a New York Personal Injury Lawsuit
In most personal injury cases in New York, you have three years from the date of an accident to file a claim. Should an accident result in death, you will have two years from the date of your loved one’s passing to start a wrongful death lawsuit. You will be prevented from recovering damages if you do not start the legal process in time, so seek legal advice as soon as you can.
Our New York City deaf and hard-of-hearing personal injury lawyers will work to recover compensation for all relevant losses, including:
- Past, current, and future medical bills associated with the accident
- Lost wages
- Lost earning capacity
- Loss of consortium
- Property damage
- Physical pain and suffering
- Emotional distress
Understanding the Legal Process for Personal Injury Cases
When you've been injured in an accident, it's important to understand the legal process for pursuing a personal injury claim. Our experienced New York personal injury attorneys at Bruce J. Gitlin, P.C. can guide you through each step of the process, from gathering evidence and filing a claim to negotiating with insurance companies and representing you in court if necessary.
Key aspects of the legal process for personal injury cases include:
- Evaluating the strength of your case
- Gathering evidence to support your claim
- Negotiating with insurance companies for a fair settlement
- Filing a personal injury lawsuit if a settlement cannot be reached
- Representing you in court and advocating for your rights
Our team is dedicated to helping you navigate the legal process and achieve a favorable outcome for your personal injury case.
Your Local Resource for Personal Injury Claims in New York City
Navigating the aftermath of an accident in New York City can be overwhelming, especially when dealing with the complexities of personal injury claims. Local resources, such as the New York City Mayor's Office and the NYC 311 service, can provide valuable information on local laws and support services available to residents. Understanding your rights and the legal process is crucial, particularly in a bustling metropolis where accidents can happen at any moment.
New York City's bustling streets, high traffic, and density mean that accidents are, unfortunately, a reality for many residents, particularly in Manhattan, Brooklyn, and Queens. For those in the deaf or blind communities, additional obstacles like limited accessible transportation options or communication barriers with emergency services can amplify the difficulties following an accident. Whether you are walking, cycling, or commuting, these hurdles often complicate personal injury claims.
We recognize that the pain points for residents in these areas often include:
- Difficulty accessing interpreters or assistive devices during medical visits
- Barriers in communicating with insurance companies, medical personnel, and law enforcement
- Additional financial burdens for specialized care, equipment, or modifications needed after an accident
- Concerns about lost wages and financial stability during recovery
Our commitment is to provide personalized support tailored to the needs of New Yorkers. We understand the urgency of filing a personal injury claim within the three-year timeframe and are here to help you gather the necessary evidence and navigate the legal landscape. With our knowledge of local laws and resources, we aim to empower you to make informed decisions about your case.
We are ready to provide the tailored advocacy you deserve. Call (646) 513-4556 or contact us online to learn more about your legal options.
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