New York City Deaf and Hard-of-Hearing Personal Injury Attorneys

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:
  1. Cause in Fact: The injury would not have occurred "but for" the defendant's actions or negligence.
  2. 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.