New York Personal Injury Lawyers
Raiser & Kenniff is a premier personal injury law firm. Our team of lawyers has over 50 years of combined experience, helping clients with all sorts of issues ranging from slip and fall accidents, to complex medical malpractice cases. Some of our attorneys have handled both the litigation, and defense, of some of the toughest personal injury cases in the state of New York. When you hire our firm, you can trust you’re working with experts who understand how to handle tough cases – and how to win.
We handle tough cases, cases that other firms turn down. We help clients get compensation for all types of damages, both economic, and punitive. If you’re the victim of a personal injury, we encourage you to contact our law firm immediately. We are available 24/7 to help you with all forms of cases. All you have to do is call us, and we’ll offer you a risk free consultation in person, over the phone.
THE RAISER & KENNIFF DIFFERENCE
FEWER CLIENTS. BETTER SERVICE AND RESULTS.
Our personal injury law firm takes on significantly fewer clients than other firms. We’re very selective on who we work with. Our goal is to only focus on worthy cases, who we feel we can help. If we don’t think we can help you, we won’t take on your case.
NO FEE GUARANTEE
Our law firm works on a contingency fee basis, which means we never charge a fee unless we win your case. If we don’t win your case, our personal injury lawyers in NYC don’t charge a fee. It’s that simple. It’s how we prove to you – we’re on your team.
HIGHLY RATED TRIAL LAWYERS
Our team of attorneys are well known, and well respected. We have 100’s of reviews, all over the internet in places like Yelp, Google, Avvo, and other places. In addition, our personal injury lawyers have been recognized by lawyer websites like National Trial Lawyers Association, Avvo, Super Lawyers, and others.
Our firm prides itself on providing the best possible level of service. We are available 24/7, and can come to you regardless of where you are. We come to our clients at their home, the hospital, or their place of employment. Our personal injury attorneys believe in providing the best possible legal service.
Raiser & Kenniff, is a personal injury law firm based out of NYC, that has over 30 years of combined experience helping victims of personal injuries. Our firm was founded by two former prosecutors. Our firm brings this collective experience to each and every case we handle. Our firm understands and empathizes with what you’re going through, and believes in providing the best possible legal help. Our team of personal injury lawyers has won millions, in combined verdicts and settlements, on behalf of our clients. Your future is important to us – and it begins, when you contact us for a risk free evaluation of your personal injury claim.
As former prosecutors, we know how to negotiate – and when to be aggressive, when fighting against insurance companies. We understand how to build a solid claim, that will get get you the compensation you rightfully deserve. We understand, how the insurance company will try to hinder/disprove the validity of your claim – and we know how to counter it as well. Our nyc personal injury attorneys offer a risk free consultation, and never charge a fee unless we win your case. Regardless of where you were injured, or what injured you – we can help. In order to get started, contact our law offices today.
Raiser & Kenniff, PC, has offices all over New York – in order to provide clients the best possible legal representation. We have offices in NYC and Long Island, and can even come to you. Our nyc personal injury lawyers have over 30 years of combined experience, helping victims of injuries get legal help. We work with experts, who can help us build a case – and find credible evidence to prove your claim. Many attorneys refer personal injury cases to us, because they trust in our ability and desire to help victims of injuries recover. We don’t take a cookie cutter approach to helping victims. We look at each victim, as a new case and a new opportunity to both learn and build a case. Our nyc personal injury lawyers try to figure out what’s the best, and strongest, approach to helping the victim get compensation for his/her injuries.
Our #1 objective is to get our clients compensation for their pain and suffering. In the past, we’ve handled cases ranging from civil right abuse, to medical malpractice and truck accidents. We never charge a fee, unless we win your case. In addition, we offer a risk free consultation – so you can get an initial evaluation to understand if you even have a case which is crucial. Our team of attorneys will conduct the investigation, and try to learn as much as possible in order to help you answer this important question.
Our law firm has recovered millions in combined verdicts and settlements on behalf of our clients. When you’re the victim of an injury, you need an attorney who believes in you – and is going to fight for you. We have a full team of attorneys, at two of our locations, who is dedicated to helping you win your case. We have won millions, on behalf of clients – and have immense experience fighting for victims. We believe in concierge customer service, and encourage you to contact us.
We are one of the top personal injury law firm in New York. Founded by two former prosecutors, we are very aggressive and have the resources to win your case. We help each, and every, client – get the results they deserve. Our NYC personal injury attorneys are all recognized by the top lawyer ranking platforms like Avvo, National Trial Lawyers Organization, Super Lawyers, and many more. Each and every one of our attorneys is passionate about helping our clients get the best possible outcome. We don’t charge any upfront fees, we work on a contingency fee basis – and that means we don’t focus on money – we focus on success.
Our personal injury law firm is selective about the number of clients we service each month. We believe that by limiting the number of clients we’re able to provide more service, and generate better case results. That’s one of the main reasons why many of our clients refer us to their friends, and family members. It’s because they know we’ll give them the service they deserve. We offer a risk free consultation, so you can get an assessment of the strength of your case. During this initial free consultation, you can ask us anything. If we think there is a case, we’ll pursue it on your behalf. We’ll conduct an investigation into how the accident, we’ll hire expert witnesses who can help reconstruct the scene of the accident in order to understand which party was negligent and caused the accident. During the free initial consultation, our hope is that you’ll understand it’s a good idea to work with our law firm. We can meet you in person, or at your place of business/home. Once you sign up with us, we handle all aspects of your case going forward.
Q1. Do I still have a case if health insurance pays my medical bills?
If you’ve been in an accident, the first thought on your mind was seeking medical care. Courts understand that. The success of your personal injury case will not be jeopardized if your health insurance has already paid some or all of your medical bills. In most circumstances, medical reports strengthen your case, not weaken it. Your personal injury case has three overall goals: To make you financially whole, to punish the person who injured you and to show society that you deserve fair treatment. The legal system wants you to be able to achieve all three of these goals.
Who Is Responsible for My Health Insurance Deductible?
The person at fault in your accident should cover all of the costs of treatment. This includes your health insurance deductible, co-pays and cost sharing fees. If medical insurance pays for most of your bills, that doesn’t cover you completely. You deserve to have all of your out-of-pocket expenses covered by the person who injured you. Many successful personal injury cases recover insurance deductibles from the defendant.
Can I Receive Money for Lost Earnings?
When you’re seriously injured, you can lose a substantial amount of income. Time spent at the emergency room, physical therapist or chiropractor is time spent not working. You can recover money for your lost wages from the defendant in your case. Even if your company offers short-term disability or some other insurance to cover your time away from work, you may not receive 100% of your salary. Your lawsuit can ask for you to be fully compensated for the money you lost when you were unable to work.
Negligence is when one party’s careless actions result in an injury to another party. If a court determines that a party was negligent, then that party may be liable for any damages the injured party incurred as a result. The negligent party could be an individual, a business, or an organization.
There are four essential factors that play a role in negligence cases.
The first part of a negligence case is determining if the defendant had a legal duty of care towards the plaintiff. This legal duty may or may not be the result of a relationship between the two parties.
One common example of negligence that typically requires a relationship between the two parties is medical negligence. The law requires doctors and nurses to competently care for their patients. If a doctor were to ignore a patient’s symptoms and the patient became ill or injured because of that, the doctor could be held liable, as the patient entrusted their care to that doctor. If the patient’s friend ignored their symptoms, their friend wouldn’t be liable, because they don’t have that duty of care.
Car accidents are a common situation that doesn’t require a relationship for one party to be found negligent. If one driver is using the phone while driving and rear ends another, they are negligent, because the law requires them to drive safely and focus on the road.
Breach of Duty
After finding that the defendant had a legal duty towards the plaintiff, the next step is figuring out if they breached that duty. The law determines this by comparing the defendant’s actions to those of a legal standard called a reasonably prudent person, which refers to how the average, responsible adult would have handled the situation.
Going back to the car accident example above, the court would likely determine that the driver who caused the accident had breached their duty, because a responsible adult wouldn’t allow their phone to distract them while operating a vehicle.
It’s not enough that the defendant breached their legal duty to the plaintiff. That breach of duty also must have directly caused the damages. Requiring cause ensures that people aren’t punished simply for acting negligently. For example, if that driver who was using their phone was in the other lane and not involved in the accident, it wouldn’t make sense to blame them only because they were acting negligently.
Cause also takes into account if the situation was foreseeable for the defendant. If the situation occurred because of a completely unexpected act of nature, the court may not hold the defendant liable even if that party was negligent.
If the plaintiff is able to prove that the defendant had a legal duty, breached that duty, and caused damages, then the final step is for the court to determine the amount of those damages and compensate the plaintiff accordingly. The plaintiff provides documentation of damages that they allege were the result of the defendant’s negligence. Damages may include property damage, medical bills, and lost wages (if the plaintiff missed work because of the accident).
Negligence damages can add up quickly, as one case may have multiple types of damages. Consider a car accident where one driver is negligent and a serious injury occurs. The injured party may file a lawsuit for the damage to their car, medical expenses including an ambulance ride and hospital costs, and all the lost wages from being injured and unable to work. Negligence judgements can easily exceed tens of thousands of dollars, which is why it’s so important to protect yourself by having the proper insurance. The most common types of insurance that cover negligent actions are auto insurance for drivers, home owner’s insurance for home owners, and liability insurance for businesses.
In a personal injury case, an attorney questions a party in the case while a court reporter keeps a record of the entire conversation. The opposing attorney asks the questions. Either attorney can deposition witnesses to the accident.
Depositions usually take place during the lawsuit’s discovery phase, which is after the plaintiff files the lawsuit but before it actually goes to trial. While an attorney can hold a deposition anywhere, the most common locations are at the attorney’s office or at the court reporter’s office. The attorney who is holding the deposition has to provide a reasonable amount of notice to the other parties involved. An attorney is able to depose any party that has knowledge relating to the lawsuit, but people who are deposed don’t always appear. If an attorney wants to depose someone and that person won’t voluntarily appear, then the attorney must subpoena them.
How you are questioned in a deposition is much different than how you are questioned in court. In court, your own attorney would ask you questions first in what’s known as direct examination. Then, the opposing attorney would ask you questions in what’s known as cross examination. In the deposition, the opposing attorney is the only one to question you.
The opposing attorney typically starts the deposition by explaining a few general rules to you, including that you’re under oath, that your answers are being recorded by the court reporter, and that you must answer out loud, since the reporter isn’t allowed to record nods or gestures. They may also tell you that although you shouldn’t guess at an answer, you should provide your best estimate when it comes to times, speeds, and distances. These are all difficult to judge, so don’t be afraid to say you aren’t sure if that’s the case.
The answers you provide at your deposition are crucial, so your attorney should thoroughly prepare you beforehand. They will likely instruct you to keep your answers concise and to the point. Opposing attorneys sometimes ask broad, open-ended questions in depositions, as the longer the answer, the more likely it will provide them with something they can use
The most important thing to realize at a deposition is that the opposing attorney wants to find information that they can use against you. Resist the temptation to go into detail trying to tell your side of the story. No one is going to make a judgement after the deposition, and you aren’t going to convince anyone there that you are in the right. The ideal answer length is one sentence. The opposing attorney can ask follow-up questions if he wants more information.
An opposing new york personal injury attorney has a few things they’re looking for at a deposition. They want to know your story, because that helps them prepare their case. For that reason, you don’t want to provide more information than necessary. They also want to get your story on record, because that means you have to stick to that story at the trial to avoid contradicting yourself. Ideally, the attorney wants to either catch you in a lie at the deposition or at the trial. The more details you provide, the more opportunities there are for the attorney to spot inconsistencies in your testimony.
A deposition can feel a bit awkward, but that’s actually a good sign. You should wait for the attorney to complete their question, take a moment to consider you answer, and then answer. It should never feel like two friends having a chat, as that means you’re likely providing too much information. If you don’t understand the question, ask the attorney to clarify. Don’t be afraid to clarify a question or say that you don’t know an answer if that’s truly the case.
Depositions are often long and mentally taxing. Remember that you can request a short break if you’re starting to get tired. It’s better than ending up drained and providing poor answers. Bring snacks and water. Get up and stretch your legs on your breaks. It’s good to take a 10 to 15-minute break for every 45 minutes of questions.
The decision to take a settlement is one that should be greatly deliberated. However, there is an old saying that simply states that “a bird in the hand is worth two in the bush.” In many cases, having some money in your hand is better than waiting for the possibility of more down the road. There is no clear yes or no answer to this question. You must evaluate your case and weigh the facts before making such a decision.
Deliberate The Offer
Most of the time, an insurance company is not going to offer you what your claim is worth. They want to settle because they do not have to pay the outrageous costs to litigate the case. Remember, the insurance company has one goal in mind, they want to settle your case as quickly and for as little money as possible. Is the offer substantial, or is it laughable? You should have a list of all of the expenses you have incurred due to the accident or injury. Does the settlement offer cover these expenses plus give you money for your pain and suffering? You must make a financially wise decision. If you can pay off all your medical bills, pay for your attorney, and have some money left over to compensate you for your suffering, then you may want to consider taking the settlement.
Considering Your Time Line
Another thing that you should consider before taking an offer is the amount of time you have already waited. If you are unable to work and the medical bills continue to pile up, a settlement of less may really help you out now. Sure, you can go on and continue to fight, but it will only drag out the day you receive your compensation. Additionally, if your case is before a judge, you can loose and receive nothing. Though that is unlikely if you have a true case, insurance companies play dirty to keep from paying you a dime.
If you have been in an ongoing case for under six months, you may be willing to wait a longer amount of time for a compensation package than someone who has been waiting for two years. The timeline is very important. Depending on your current financial situation, it may be time to cut your losses and be done with the matter.
How Serious Are Your Injuries?
How severe are your injuries? Insurance companies are more apt to settle quickly when the injuries are more serious in nature. They know that the longer the case drags on that there will be more medical bills that are incurred as well as their legal fees. Are the injuries you suffered going to be ongoing or was your injury one that healed quickly? Those who have soft tissue damages would be eager to settle their claim quicker than those who have a wrongful death case. Everyone knows that the more severe the injuries, the more money you can demand in compensation. It just really comes down to whether their offer fits your injuries.
Things To Keep In Mind
A settlement puts an end to the case. That means that from that point forward, you are responsible for any ongoing medical bills. It is important to have an accurate prognosis to ensure that making a decision like this is not done in haste. If the medical bills are still rolling in, and the doctor’s appointments are ongoing, settling too soon may be a costly mistake. The insurance company likes to play games. They want to wear you down and drown you in paperwork so that you will settle for whatever they offer. You must have a good attorney fighting on your behalf. A lawyer can help advise you on the settlement and whether you should take the money or hold out for more. Once the case is settled, there is no do-overs or going back for more money. The matter will be closed and considered finalized, so it is important to make sure you make the right choice.