Brooklyn Personal Injury & Medical Malpractice Lawyers

Personal Injury

What is Personal Injury?

Personal injury involves physical, emotional, or financial harm caused by someone else’s negligence or wrongful actions. In Brooklyn, these cases often stem from car accidents on busy streets like Flatbush Avenue, slip-and-fall incidents at local businesses, medical malpractice in area hospitals, or injuries on unsafe construction sites.

Comprehensive Legal Support for Personal Injury Cases in Brooklyn

Salenger, Sack, Kimmel & Bavaro is proud to represent residents of Brooklyn in personal injury cases. When an accident turns your life upside down, having an experienced and compassionate legal team by your side can make all the difference. With over 40 years of experience and a proven track record of success, we are committed to helping Brooklyn residents secure justice and recover the compensation they deserve.

Types of Personal Injury Cases We Handle in Brooklyn

When you entrust your case to our Brooklyn medical malpractice law firm, you gain the confidence that arises from collaborating with a personal injury law firm possessing the expertise, resources, and established reputation to adeptly advocate for your case. We have a proven track record of effectively managing a wide range of personal injury claims, such as:

• Car and Truck Accidents: Brooklyn’s busy streets, including Flatbush Avenue, Atlantic Avenue, and the Brooklyn-Queens Expressway (BQE), see heavy traffic daily, increasing the risk of accidents. From rear-end collisions in neighborhoods like Williamsburg to severe truck crashes in industrial areas, our attorneys understand the complexities of motor vehicle accident claims. We’ll work to recover damages for medical expenses, lost wages, property damage, and emotional distress.
• Train and Subway Accidents: These accidents often occur due to negligence, such as operator error, equipment failure, inadequate maintenance, or unsafe conditions at stations.
• Medical Malpractice: Patients trust healthcare professionals at healthcare institutions to provide safe and competent care. When medical errors occur, such as misdiagnoses, surgical mistakes, or medication errors, the consequences can be devastating. Our attorneys hold negligent medical providers accountable, ensuring clients receive the compensation they need to cover additional medical expenses and other damages.
• Slip-and-Fall and Premises Liability Claims: Brooklyn is home to a wide array of commercial and residential properties, from bustling business districts like Downtown Brooklyn to vibrant areas like Park Slope. Unfortunately, poorly maintained properties, uneven sidewalks, and insufficient lighting can lead to slip-and-fall accidents. Property owners are responsible for keeping their premises safe. If you’ve been injured due to unsafe conditions, we’ll fight to hold them accountable and secure fair compensation.
• Workplace and Construction Injuries: Brooklyn’s thriving construction industry often exposes workers to dangerous conditions. Falls, machinery malfunctions, and unsafe job sites can leave employees with severe injuries and mounting medical bills. Our team has extensive experience handling workplace injury claims, including workers’ compensation and third-party lawsuits against negligent contractors or equipment manufacturers.
• Catastrophic Injuries and Wrongful Death: Traumatic injuries such as spinal cord damage, burns, or brain injuries can have life-altering consequences. In cases where negligence results in the tragic loss of a loved one, families are left with overwhelming emotional and financial burdens. Our attorneys provide compassionate legal representation to ensure justice is served and that families receive the financial support they need to move forward.

What to Do After a Personal Injury in Brooklyn

Taking the right steps after an injury is critical to building a strong personal injury case:

1. Seek Medical Attention: Visit a trusted healthcare facility such as a hospital, urgent care or your doctor’s office to ensure your injuries are documented.
2. Document the Scene: Collect evidence such as photos, witness contact information, and incident reports to strengthen your case.
3. Contact an Attorney: Consult with our legal team to protect your rights and ensure all deadlines, including the statute of limitations, are met.

The Personal Injury Process: What to Expect

When you work with SSKB, we guide you through every step of the personal injury process:

• Free Case Evaluation: During your initial consultation, we’ll assess your case, answer your questions, and outline the next steps.
• Thorough Investigation: We collect evidence, interview witnesses, and collaborate with experts to build a strong case on your behalf.
• Negotiations with Insurance Companies: We handle all communications with insurance adjusters, ensuring they don’t undervalue your claim.
• Litigation, if Necessary: If a fair settlement cannot be reached, our skilled trial attorneys will take your case to court to fight for the justice you deserve.

Understanding Statutes of Limitations for Personal Injury Cases in Brooklyn

If you’ve been injured in Brooklyn, it’s crucial to understand the laws governing the timeline for filing a lawsuit. Like every state, New York imposes strict deadlines, known as statutes of limitations, that dictate how long you have to bring a legal claim in civil court. Missing this deadline can have serious consequences for your ability to recover compensation.

Time Limits for Personal Injury Claims in New York

In New York, the statute of limitations for most personal injury cases is three years from the date of the injury. This means you must file your lawsuit within three years of the incident that caused your injuries. Failing to do so can result in losing your legal right to seek compensation, regardless of the severity of your injuries or the strength of your case.

Consequences of Missing the Filing Deadline

Courts in New York are strict about adhering to the statute of limitations. If you attempt to file a personal injury lawsuit after the three-year deadline, the court will likely dismiss your case without even considering the specifics.

• You cannot argue for extra time based on the seriousness of your injuries or financial hardships.
• Even if the person or entity responsible for your injuries is clearly at fault, missing the filing deadline will prevent you from pursuing compensation.

Why the Filing Deadline Matters for Settlements

Even if you don’t plan to file a lawsuit, the statute of limitations plays a key role in settlement negotiations. Insurance companies and defendants are often motivated to settle claims to avoid the expense and uncertainty of litigation. Once the filing deadline passes, however, you lose this leverage, as the threat of a lawsuit no longer exists. This can significantly reduce your chances of securing a fair settlement.

Medical Malpractice

What is Medical Malpractice?

Medical malpractice occurs when a healthcare provider—such as a doctor, nurse, hospital, or other medical professional—fails to provide the standard of care expected in their profession, resulting in harm to a patient. This failure can stem from negligence, errors in diagnosis, improper treatment, surgical mistakes, medication errors, or lack of informed consent. To qualify as medical malpractice, the provider’s actions must deviate from what a reasonably competent professional would have done under similar circumstances, directly causing injury or worsening a patient’s condition

Types of Medical Malpractice Case We Handle:

Brooklyn is home to numerous hospitals, clinics, and healthcare providers, but even trusted institutions can fail patients due to negligence. Our firm focuses on handling complex medical malpractice cases, including:

• Misdiagnosis and Delayed Diagnosis: In a city as large as Brooklyn, overcrowded hospitals can lead to rushed decisions. We represent clients whose illnesses, such as cancer or heart disease, were misdiagnosed or diagnosed too late to prevent harm.
• Surgical Errors: From procedures performed at major hospitals to smaller outpatient facilities, surgical mistakes can have devastating consequences. We help clients recover damages for wrong-site surgeries, retained surgical instruments, and other preventable errors.
• Birth Injuries: Brooklyn’s busy maternity wards can see medical staff making critical mistakes, such as improper use of forceps or failing to monitor fetal distress. These errors can result in life-altering conditions like cerebral palsy, and we fight to hold those responsible accountable.
• Medication Errors: Pharmacy mistakes or incorrect prescriptions often lead to serious complications. Our attorneys are experienced in investigating cases involving improper dosages, dangerous drug interactions, and administration errors.
• Anesthesia Malpractice: A single misstep during the administration of anesthesia can lead to permanent injury or even death. We work to prove negligence and seek compensation for victims and their families.

Steps in Your Case: What to Expect

• Initial Consultation: We start with a FREE case evaluation to understand the details of your situation and advise you on the best course of action.
• Investigation: Our team collects evidence, reviews medical records, interviews witnesses, and collaborates with experts to strengthen your case.
• Filing Your Claim: Whether it’s a medical malpractice lawsuit or a personal injury claim, we ensure all legal documents are properly filed within New York’s strict deadlines.
• Settlement Negotiations or Trial: We aggressively negotiate with insurance companies but are fully prepared to take your case to trial to achieve the best outcome.

The Importance of Legal Representation in Medical Malpractice Cases

Pursuing a medical malpractice claim is one of the most legally complex processes an injured individual can face. It requires not only an understanding of the healthcare industry but also a deep knowledge of the laws governing medical malpractice. Healthcare providers, hospitals, and insurance companies often employ skilled defense attorneys whose sole objective is to minimize or outright deny liability. These legal teams are backed by significant resources, making it nearly impossible for an individual without representation to successfully navigate the system.

An experienced medical malpractice attorney acts as your advocate, ensuring that your rights are protected every step of the way. They can evaluate the merits of your case, gather evidence, consult with medical experts, and build a compelling argument to prove that the healthcare provider’s negligence directly caused your injuries. Additionally, they are adept at negotiating with insurance companies to secure fair compensation for your losses, including medical expenses, lost wages, pain and suffering, and more. In cases where settlement negotiations fail, a skilled attorney is prepared to take your case to trial and fight for justice in court.

Without a qualified attorney, you may find it challenging to navigate the legal system, understand the technical medical details of your case, or effectively counter the tactics of experienced defense attorneys. Having the right representation dramatically increases your chances of securing the compensation you deserve.

Medical Malpractice Statute of Limitations in New York

If you believe you have been the victim of medical malpractice in New York, it is crucial to act swiftly. The statute of limitations for filing a medical malpractice claim in New York is generally two and a half years (30 months) from the date the alleged malpractice occurred. Missing this deadline typically means losing your right to pursue compensation, no matter how strong your case may be.

However, there are notable exceptions to this rule. For example:

• Foreign Objects: If a foreign object, such as a surgical instrument or sponge, is left inside your body during surgery, the statute of limitations begins from the date the object is discovered or should have reasonably been discovered.
• Continuous Treatment Doctrine: If you are undergoing a series of treatments related to the same condition or injury caused by the malpractice, the statute of limitations may begin from the date the treatment ends.
• Minors: For cases involving children under 18, the statute of limitations may be extended. Typically, the 30-month window does not begin until the child’s 18th birthday, although no claim can be filed later than 10 years after the malpractice occurred.

Due to the strict deadlines and the potential for exceptions to apply, it is essential to consult with a knowledgeable medical malpractice attorney as soon as possible. An attorney will evaluate your case, determine the applicable timeframes, and ensure that all filing deadlines are met. Acting promptly can make a critical difference in the outcome of your case.

If you or a loved one has been injured in Brooklyn due to someone else’s negligence or medical malpractice, the experienced attorneys at Salenger, Sack, Kimmel & Bavaro are here to help. Whether you’ve been hurt in a car accident, suffered injuries from a slip and fall, or are dealing with the devastating consequences of medical negligence, we have the knowledge and resources to fight for your rights.

Schedule a FREE consultation with our firm today by calling 
(516) 677-0384 or by contacting us online.
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