Palumbo & Kosofsky
New York Personal Injury Law Firm
Call us 24 hours a day / 7 days a week toll free and speak to a lawyer!
Palumbo & Kosofsky is a New York law firm experienced in representing people in accidents through no fault of their own. Our litigation team is headed by New York attorney Mark Kosofsky. Mark is a partner at Palumbo & Kosofsky and has been practicing NY personal injury law since 1989. Mark has litigated thousands of personal injury cases to successfully to conclusion.
“…Remember, we don’t get paid unless we get you a recovery…” Mark Kosofsky, Esq.
Playground injury to minor: $280,000
Car accident shoulder injury: $135,000
Dog bite – minor injuries: $40,000
Slip and fall supermarket
questionable liability: $125,000
Sidewalk trip wrist injury: $75,000
Auto passenger injury to arm: $95,000
Spider bite: $30,000
Mark has litigated cases involving injuries arising from many types of accidents. These include:
- Auto accidents
- Pedestrian knock down cases
- Dog bites
- Playground injuries
- Slip and falls arising from:
- Falls down stairs
- Falls in subways
- Street falls
- Falls in commercial retail establishments
- Falls on buses
- Falls on apartment premises
- Falls on public premises and sidewalks
- General premises liability
2 parts to your NY personal injury case – liability and damages
The first thing someone wants to know if they have been injured in an accident is “do I have a case?” This is a valid question, because just because you were injured in an accident does not automatically mean you can recover from a 3rd party. Whether you can recover from a 3rd party when you have been injured turns on 2 things: (1) whether and to what degree the 3rd party is liable; and (2) the degree of your damages (i.e., how badly you were hurt).
NY Personal Injury Liability
The only way a 3rd party can be held liable for your injuries if you were hurt is if they were negligent. Negligence means that the 3rd party had a duty to you, breached that duty, and that breach of duty caused your injuries. If the lawyer defending the 3rd party knocks out any of those elements then despite your injuries you cannot recover for your injuries.
New York personal injury liability is either founded on statutory law or common law. For example, if you are in an auto accident you can be hurt, however you cannot recover from a 3rd party unless your injuries are serious under the law. In a NY slip and fall you can trip on a defect, however under common law the defect cannot be latent and must be visible so that the 3rd party responsible for the area has notice of the defect. This notice can be actual or constructive, however some sort of notice is required.
Your damages in a New York personal injury slip and fall or auto accident is the degree of your injuries. You, as the plaintiff in a NY personal injury action, must prove your damages. This means your injuries cannot be purely subjective, but must be objective as well. The only way to prove your injuries is through medical treatment and the records they produce. No matter how badly a person is injured if he or she refuses to treat for his injuries in a New York personal injury case he or she cannot recover.
Subjective: “…Existing in the mind; belonging to the thinking subject rather than to the object of thought…”
Objective: “…Relating to, or being an object or condition in the realm of sensible experience independent of individual thought and perceptible by all observers…”
With locations and a presence in New York, Bronx, Great Neck, Westchester, Harrison, and Mamaroneck, we make representing you as easy as possible. If you in the hospital or home recuperating, we come to you. When you call our office, you always speak to a lawyer, not a paralegal. Even after hours when you call our 800 number it is directed to an attorney not an answering service. We offer free consultations, and will meet with you during evening hours and on weekends.
“…We treat clients like people, not files…” Mark Kosofsky, Esq.
Prior results do not guarantee a similar outcome