Personal Injury & Wrongful Death

Adjusting to dealing with the aftermath of an injury affects a victim’s life in countless ways. If you have been hurt because another person or party has acted negligently, you may be able to pursue a personal injury claim to recover damages, including lost wages, for your injuries. You need guidance from a personal injury lawyer who has deep knowledge of the law and will provide straightforward answers to your questions. The team at Caesar & Napoli, offers the level of quality legal counsel that you are seeking.

Advocates For Injured Victims

At Caesar & Napoli, our entire practice is dedicated to personal claims. We have represented men, women and children who have suffered from all types of injuries, including traumatic brain injuries. Over the past 30 years, we have been representing New Yorkers and visitors to the great state who have been injured in motor vehicle accidents, or who have suffered medical malpractice or wrongful death, among other things.

Few law firms can boast about having years of experience and a proven track record like we at Caesar & Napoli, can. We have been successful in representing clients in complex personal injury and accident claims, and work with a wide network of resources on our personal injury cases. We are avid students of the law, staying up-to-date with case law at all times. Staying in the forefront of the law helps us to become leaders in our industry and has strengthened our reputation.

Compassionate Advocacy For Wrongful Death Claims

No money can ever justify the loss of a loved one in a tragic accident, and the New York wrongful death lawyers at Caesar & Napoli, recognize this. Pursuing a wrongful death claim can help your family recover from the financial losses, and we are committed to protecting your interests in this process. There are statutory guidelines for the time frame in which you can commence a claim, so talking to a lawyer as soon as possible is in your best interests. You can turn to us for support throughout this process.

Contact A New York City Personal Injury Lawyer

At Caesar & Napoli, we do not charge for initial consultations. To schedule a meeting with one of our attorneys to discuss your injury case, please contact us at (888) 235-6766 . Most personal injury cases are handled on a no-win, no-fee basis. We are not paid attorney’s fees unless we win a recovery for your case.

What to Do First After a Serious Injury or a Death in the Family

In the period right after a catastrophic injury or a death, legal steps are the last thing anyone wants to think about. A few of them are time sensitive enough to be worth handling early.

• Preserve what still exists. Vehicles, equipment, clothing, footwear and damaged property should not be repaired, discarded or released until they have been documented.
• Ask that video be held. Traffic, building and business camera footage is frequently overwritten within days.
• Collect the official paperwork. Police reports, incident reports, ambulance records and, in a death case, the death certificate and any autopsy or medical examiner report.
• Track the financial side from the start. Medical bills, lost income, out of pocket costs and the value of care family members are providing.
• Be careful with early settlement offers. Serious injuries often reveal their full cost months later, and a release signed early cannot usually be undone.
• In a death case, understand who has authority to act. A wrongful death claim in New York is brought by the personal representative of the estate, which typically requires an appointment from Surrogate’s Court.

How New York Treats Wrongful Death Claims

New York handles a death from negligence as two distinct claims, and the difference affects what can be recovered.

• The wrongful death claim belongs to the people who depended on the person who died, and it is brought by the estate’s personal representative. New York measures these damages in pecuniary terms, meaning financial loss: lost financial support, lost household services, lost parental guidance for children, and funeral and burial expenses.
• The survival claim belongs to the estate and covers what the person experienced between the injury and death, including conscious pain and suffering.

One thing families are often surprised by is that New York’s wrongful death damages have historically been limited to pecuniary loss rather than grief or loss of companionship. That makes careful documentation of a person’s actual contributions, financial and practical, unusually important in these cases.

Deadlines in Injury and Wrongful Death Cases

Most personal injury lawsuits in New York must be started within three years of the injury. A wrongful death claim generally must be started within two years of the date of death, which is a shorter window than many families expect and one that can pass while an estate is still being sorted out. Claims against a city, public authority, transit agency, school district or other public entity generally require a written Notice of Claim within 90 days, with the lawsuit itself due within one year and 90 days. Medical malpractice runs on its own shorter clock. Because the applicable deadline depends on who is responsible, this is worth confirming early rather than late.

Injury and Wrongful Death Questions We Hear Most Often

Who is allowed to bring a wrongful death claim in New York?

The personal representative of the estate brings it, on behalf of the surviving distributees such as a spouse, children or parents. Individual family members generally cannot file separately in their own names, which is why appointing a representative through Surrogate’s Court is usually an early step.

What if my family member was partly at fault?

New York applies pure comparative fault. A share of responsibility reduces the recovery proportionally rather than eliminating the claim.

The insurance company already made an offer. Should we take it?

Early offers usually arrive before the full medical picture is known and before anyone has calculated future care, lost earning capacity or the cost of household help. Once a release is signed the claim is normally over, even if the situation turns out to be worse than it appeared.

How long do these cases take?

It varies widely with the severity of the injury, the number of parties and whether liability is disputed. Cases involving catastrophic injuries often take longer because the long term cost of care cannot be assessed responsibly until treatment has stabilized.

Do we have to go to court?

Many cases resolve without a trial. Preparing a case as though it will be tried is still what gives it value in negotiation, because the other side evaluates what would happen if it were.

What does it cost to have our situation reviewed?

Initial consultations are free. Most personal injury cases at the firm are handled on a no-win, no-fee basis, which means attorney’s fees are owed only if there is a recovery.

The information on this page is general and is not legal advice. Deadlines and outcomes depend on the specific facts of each case.