Personal Injury​

Automobile and Motor Vehicle Accidents

When you are injured as a result of someone else’s negligence, carelessness, mistake, or intentional action, you may have a valid personal injury claim for compensation. Personal injury refers to any injury to a person, physical or mental, including a broken bone, a cut, post-traumatic stress disorder, paralysis, or death which occurs as a result of someone else’s negligence. When a family member is injured or killed as a result of the negligence of another, the injured person or the surviving children, parents, or siblings, have the right to file a personal injury lawsuit seeking compensation for that loss. 

In New York State, many different laws come into play when a car accident occurs. In addition to proving “negligence” or fault, a person must also prove with medical evidence that they suffered a “serious injury”. The definition of what a “serious injury” is continues to be litigated in the Courts. 

Regardless of who is at fault for a car accident, an injured person may be entitled to coverage for medical expenses and lost earnings up to $50,000. Those rights may be lost unless certain forms are promptly filed with the correct insurance company. Additional benefits may also exist from the car insurance policies of anyone living within the same household as the person injured. 

Besides case development, we help our clients in resolving their property damage claims in the beginning of the case so that they can get their car repaired or replaced. We assist our clients in filing for no-fault benefits to pay their lost earnings and medical bills, workers compensation benefits for on the job accidents and social security disability when applicable so that they have a steady stream of income. 

When a client has sustained a severe and permanent injury worth a great deal of money, often the best result can only take place in a courtroom. The insurance industry wants to hold on to large settlement monies as long as possible. Our experience and large resources enables us to fast track cases onto the trial calendar, so that our injured clients receive compensation as soon as possible. In New York State, a person must prove two main issues to a judge or a jury in any car or motor vehicle accident claim. It is necessary to prove liability – that the negligent party was at fault. It is not necessary to show that another party was completely at fault. 

In New York State, a car accident victim may recover for injuries caused in part by the negligence of another even if the injured person was partially at fault for the accident. It is also necessary to demonstrate the full value of20the claim, which may require expert analysis and testimony. We have the resources and experience to see that our clients recover fair compensation for losses due to car accidents. 

5 Helpful Tips for a Car Accident case 

  1. Call the police and an ambulance if anyone is injured.
  2. Get information from the other drivers including the license plate number, make and model of car, insurance card, registration card, name and address.
  3. Obtain the names, addresses, and phone numbers of all witnesses to the accident.
  4. Obtain photographs of the accident site, all four sides of each car, and your injuries.
  5. Contact an attorney immediately to protect your rights

Motorcycle Accidents

Serious Injury and Death Claims

Fatal motorcycle accidents have been on the rise for several years. Because a motorcycle rider has much less protection, motorcycle accidents have a much higher incidence of death and serious injury per accident than car accidents. Because of their size, motorcycles are often not seen by automobile drivers, particularly bus and truck drivers. Dangerous road conditions also affect motorcyclists much more than automobile drivers.

If you suffered serious injuries or death as a result of the accident, it is necessary to file a personal injury claim and pursue legal action to recover the compensation to which you are entitled. The personal injury claim and lawsuit should be filed against the responsible parties for financial losses such as medical bills, property damage, and lost wages; as well as non-economic damages, such as pain and suffering. It is important that your lawyer work with the appropriate medical and economic experts to calculate the full value of your claim. Questions our attorneys will ask include: 

  1. Did the driver of another vehicle fail to yield right of way and cut off the motorcycle?
  2. Was the crash the result of dangerous road conditions?
  3. Was the biker hit by a drunk driver?
  4. Was the accident caused by defective equipment ?
  5. Did the insurance company offer a reasonable settlement for a serious injury?
  6. If the victim suffered a permanent disability such as quadriplegia, paraplegia, or brain damage what is the true cost of life care?

If you have been injured or a loved one killed as a result of a motorcycle accident, or you simply need more information, please call us.

Slip, Trip and Fall Accidents, including Municipal

Every day people are seriously injured from falls. An owner and management company of a property are responsible for keeping their premises in a reasonably safe condition to prevent people from sustaining injury. Although walkways and sidewalks are not required to be in perfect condition, they must be reasonably safe to prevent a person from tripping. Owners of property are required to maintain safe stairways, walkways, and handrails and comply with State and local building codes. Uneven stair risers, loose handrails, and loose steps are all dangerous conditions that can cause an accident. You may also pursue a claim for injuries against a state, city or other government entity if your accident occurred on government-controlled property such as a bus stop, subway station or housing development (see Municipal Liability). 

Not every slip and fall injury entitles the injured person to a claim, only those related to accidents caused by the property owner or manager’s failure to maintain the premises in a reasonably safe condition, or warn the public of a dangerous condition that they caused, knew about, or should have known about. Was a member of your family injured in a slip and fall accident caused by negligence of a New York City business owner or operator? If you have questions about a personal injury claim, contact our office for a free consultation. 

Negligence or fault must be shown by first showing that an unsafe condition exists. In addition, the owner must 1) know about the unsafe condition prior to the accident, 2) through reasonable inspection, should have known about the unsafe condition or 3) have directly caused the unsafe condition. 

Premises Liability Law and slip and fall

Premises liability is the law that governs trip, slip, and fall accidents and determines who is at fault. Every premises liability case is evaluated on an individual basis and considers whether or not the property owner took precautions to make the area safe, as well as whether or not you were careless and contributed to the slip and fall accident. The monetary amount of damages that you can recover for your injuries depends on the extent of the property owner or tenant’s legal responsibility. Contact a lawyer to discuss a trip or slip and fall accident claim. A premises liability claim may involve a slippery grocery aisle, debris at a construction site or workplace, an uneven sidewalk, broken stairs or an icy parking lot. 

Municipal Liability for slip and fall accidents

Municipal liability is the law that governs the responsibility of government bodies for personal injuries caused on government-owned property or by government employees. States, counties, cities and other government bodies, such as housing or transit or port authorities that own or occupy property such as parks, subways, buses, subway stations, bus shelters, and housing projects also have the responsibility to be aware of dangerous conditions on their premises and to take reasonable actions to alert the public and correct the situations in a reasonable amount of time. 

It is important to note, however, that New York City cannot be held responsible for slip and/or trip and fall injuries that occur on city property unless the city had prior written notice of the dangerous condition that caused the accident (or if the city caused or created the defect through construction, etc.). For New York City to be responsible for an accident caused by a broken sidewalk, for example, it must have had written complaints regarding that portion of the sidewalk on record for at least 15 days prior to the accident and the adjacent property is a one-, two- or three-family home that is wholly or partially owner occupied and used exclusively for residential purposes. If the adjacent property does not fit this description, then the adjacent property owner will be responsible.

It is important to know YOU HAVE ONLY 90 DAYS TO FILE A CLAIM for personal injuries caused by New York City or other NYC government bodies so it is important to consult with an attorney as soon as possible after your accident to preserve your rights. If you or a loved one has been injured as a result of a slip and/or trip and fall accident, or you simply need more information,CALL US TODAY FOR A FREE CONSULTATION. 

5 Helpful Tips for a Slip, Trip and Fall case 

  1. Call the police and an ambulance if injured.
  2. Report the accident to the owner of the property.
  3. Obtain the names, addresses, and phone numbers of all witnesses to the accident.
  4. Obtain photographs of the accident site and your injuries.
  5. Contact an attorney immediately to protect your rights.

Workers’ Compensation

In New York, if you suffer a work-related injury or illness, you may be entitled to Workers’ Compensation benefits. Workers’ Compensation benefits include medical insurance, payments for lost wages, permanent injuries, and reimbursement of out-of-pocket expenses. 

You may be eligible for Workers’ Compensation benefits even if you are not a United States citizen or if you work “off the books.” In certain cases, you may be eligible for Workers’ Compensation benefits for injuries or illnesses that occur before or after work hours. However, the Workers’ Compensation Law places restrictions on how you can prove your claim. 

In a workers’ compensation case, no one party is determined to be at fault. The amount that a claimant receives is not decreased by his/her carelessness, nor increased by an employer’s fault. However, a worker loses his/her right to workers’ compensation if the injury results solely20from his/her intoxication from drugs or alcohol, or from the intent to injure him/herself or someone else. 

A claim is paid if the employer or insurance carrier agrees that the injury or illness is work-related. If the employer or insurance carrier disputes the claim, no cash benefits are paid until the Workers’ Compensation Law Judge decides who is right. If a worker is not receiving benefits because the employer or insurance carrier is arguing that the injury is not job-related, he/she may be eligible for Disability Benefits in the meantime. Any payments made under the Disability Program, however, will be subtracted from future workers’ compensation awards. 

Your Workers’ Compensation claim must be properly filed with your employer, your employer’s insurance company, and the State of New York. Failure to properly file your claim may result in lost benefits. 

Unfortunately, the Workers’ Compensation insurance company will not grant you benefits just because you apply for them. The insurance company is represented by attorneys who will deny your claim for benefits. In addition, substantial medical evidence must support your claim for Workers’ Compensation benefits. Other factors may also affect your receipt of Workers’ Compensation benefits. Most applicants must be examined by insurance company doctors and request hearings before a Judge in order to obtain Workers9 9 Compensation benefits. 

Depending upon the cause of your injury or illness, you may also be able to file a personal injury lawsuit for additional awards. In certain cases, you may also sue your employer or a co-worker for your injuries. 

6 Helpful Tips for a Workers’ Compensation case 

  1. OBTAIN first aid or other necessary medical treatment as soon as possible. The treating health care provider must be authorized by the Workers’ Compensation Board, except in an emergency situation.
  2. Immediately notify your employer about your injury or illness. Ask for the name, address and phone number of the Workers’ Compensation insurance company. An injured employee who fails to inform his or her employer, in writing, within 30 days after the date of the accident causing the injury, may lose the right to workers’ compensation benefits.
  3. Get the names, addresses and phone numbers of anyone who witnessed the injury.
  4. Take photographs of the accident site and your injuries.
  5. COMPLETE a claim for workers’ compensation on Form C-3 and mail it to the nearest office of the Workers’ Compensation Board, if there is lost-time.
  6. Contact an attorney immediately to protect your rights.

Construction and Work Site Accidents

Too often construction workers are injured due to accidents caused by unsafe working conditions at a construction site. This can involve falls from a height, tripping on scattered debris, or a variety of mishaps. To protect construction workers the law requires a safe working environment. 

A worker injured on the job may be entitled to workers compensation benefits. In addition, an injured construction worker may also sue a person or business other than his employer who caused his accident. Specifically, the owner or general contractor of the property under construction may be legally responsible for a construction worker’s injuries. 

5 Helpful Tips for a Construction Accident case

  1. File a report with the Site Safety Supervisor, your employer, your employer’s insurance company, and the State of New York.
  2. Obtain the names, addresses, and phone numbers of all witnesses to the accident.
  3. Obtain photographs of the accident site and your injuries.
  4. Obtain the names of the owner, general contractor, site safety supervisor, and any subcontractors responsible for the accident.
  5. Contact an attorney immediately to protect your rights.

Dog Attacks

Each year approximately 4.7 million people are bitten by dogs in the United States. It is estimated that 1,000 people in America visit the emergency room each day due to dog bite injuries. 

In New York, dog owners and handlers are subject to absolute liability – if the dog bites, the owner is responsible. If you, your child or your dog was the victim of a dog attack and you would like to discuss a possible claim, please call our office and arrange for a complimentary consultation with us. 

The physical and psychological effects of a dog bite can be severe. A dog attack can result in permanent scarring, nerve and muscle damage and the need for follow-up surgery. The psychological effects of an attack are also a great concern, as many of those who are bitten are small children. 

New York State law imposes absolute liability on an owner or custodian of a dangerous dog for medical or veterinary bills resulting from any type of injuries inflicted upon a person or animal. Beyond the medical bills, New York is a “one-bite” state, meaning an owner will be responsible only for injuries sustained in an attack caused by (1) negligence, (2) a violation of a leash law or prohibition to running loose law, or (3) owning a dog with knowledge that the dog has a violent history. Additionally, a dog owner can be criminally convicted of a misdemeanor if the owner negligently permits his dog to bite you, the dog has a violent history and the injury is a serious injury. Section 121 of New York State’s Agriculture & Markets Law spells the right of a dog attack victim to full compensation for his or her injuries, medical costs, pain and suffering, loss of physical ability, mental anguish, loss of earning capacity and more. 

Following a dog bite or dog attack you should: 

  1. Cleanse the wound with soap and warm water.
  2. Seek medical attention.
  3. Notify your local animal control agency about your dog bite incident. Give as much information as you can, including, the sequence of events and any information about the dog.
  4. Photograph the injuries resulting from the dog attack.
  5. Photograph the area in which the attack occurred.
  6. Collect contact information from all witnesses of the dog attack.
  7. Do not sign anything from the dog owner, insurance company, or anyone else involved in the attack.

Compensation for dog bite injuries If the owner of the dog has insurance find out the name of the insurance company, the address of their office, their telephone number and the policy owner’s name. There are various types of insurance policies that cover dog attacks:

  1. Homeowners insurance
  2. Renters insurance
  3. Landlords insurance
  4. Commercial general liability insurance

In the state of New York statute of limitations regarding dog bites is three years. It is important to attain legal representation as soon as possible after the dog attack. We are familiar with New York dog bite law and how to successfully represent and advise our dog bite victim clients. 

If you or a loved one has been injured as a result of a dog attack or you simply need more information, please call Us today for a free consultation

Medical Malpractice

We put our trust, our health and often our lives in the hands of doctors and nurses. Unfortunately, a doctor may fail to diagnose a condition in time to treat it or a hospital employee may make a mistake that results in injury or death to a patient. If the medical professional failed to maintain the accepted professional standard of care, it constitutes medical malpractice. 

Examples of medical malpractice include:

  • Failure to diagnose, delayed diagnosis or misdiagnosis of an illness or condition
  • Failure to treat, delayed treatment or improper treatment of an illness or condition
  • Anesthesia errors
  • Improper consent before a medical procedure
  • Surgical errors
  • Birth injuries
  • Prescription drug error
  • Failure to perform proper follow-up
  • Hospital negligence

To be successful with a medical malpractice personal injury or wrongful death case the attorney must prove that the medical provider failed to do something that should have been done or did something that should not have been done; and that error caused injury or death to the patient. There are strict time limits for filing medical malpractice cases. 

Damages

Damages for Medical Malpractice include compensation for all of the consequences of the negligent acts including pain and suffering, lost wages and medical expenses. The injured parties can also obtain damages for any mental anguish resulting from awareness of the disfigurement. If a person requires continued medical treatment as a result of the accident or injury, future medical expenses can be claimed from the erring parties. Medical surveillance cost, i.e. the cost of monitoring plaintiff’s medical condition after the plaintiff was exposed to a hazardous substance, for instance, so that any illness or injury might be detected early is also covered here. In addition to this, medical expenses also include general damages in the form of compensation for physical or mental pain resulting from an accident. The cost of hiring somebody to do the household chores while the plaintiff is recovering, which the plaintiff could otherwise do with out assistance is also covered under medical expenses. The damages for loss of consortium, loss of enjoyment of life, social life and companionship also fall in to the bargain. More importantly, compensation can be claimed for lost wages as well as loss of earning capacity. However, this is dependent on several factors such as the plaintiff’s age, health, life expectancy, occupation, talents, skill, experience, and training. Past earnings are also a determinant factor. Damages can be claimed for permanent disability. These damages are best proved by medical testimony. Damages are calculated on the present cash value i.e. the current value of projected future earnings had the injury not been caused is the preferred bench mark. In addition to these, the injured person is entitled to Special damages that cover all monetary losses, including medical expenses. 

5 Helpful Tips for a Medical Malpractice case

  • Obtain full copies of your medical and billing records from the doctors at fault.
  • Take photographs of your injuries.
  • Get the names of any witnesses, including nurses.
  • Make a list of all doctors and hospitals you treated with and the dates of treatment.
  • Contact an attorney immediately to protect your rights.

Assault and Negligent Security

Assault and Negligent Security.
Recovering Compensation for Assaults.

It is a sad fact of life that people are assaulted and attacked each day in their homes, workplaces and hotels. The criminal justice system may put the criminal behind bars but it does not compensate the victim for losses due to injury. The civil justice system however allows the victim or the victim’s surviving family to sue for compensation from the attacker and anyone else responsible for the victim’s injuries. 

Negligent security contributes to assaults 

Apartment building owners, property managers, employers and hotel operators have a duty to prevent foreseeable violent and sexual assaults to innocent people. They may be partially responsible for a victim’s injuries, if they failed to provide reasonably secure conditions to prevent an attack or failed to correct conditions that contributed to the attack. When investigating an assault our attorney will identify foreseeable hazards that should have been corrected: 

  • In large apartment or housing developments an assault in one building may mean the owner or manager should recognize that a similar assault may occur in another building in the same development.
  • If the building manager has been notified of a broken security lock, it should be repaired within a reasonable time.
  • Parking lots, hallways and stairwell s should be well lighted.
  • Security companies and other employers should perform appropriate criminal background checks and properly train and supervise staff.
  • Building security should be adequately staffed to prevent assaults.

If you were injured or a loved one was killed as a result of an assault due to negligent security, or have another question about civil claims for assault, CALL US TODAY FOR A FREE CONSULTATION

Product Liability and Defective Products

Dangerous Products: 
Holding manufacturers responsible for injury and death

As consumers, we use countless numbers of different products. We assume that the products we use are safe and reliable when used as directed. Unfortunately, thousands of people are injured or die each year due to poorly designed or defective products. These products include automobiles, insulation, tools, pharmaceuticals, medical devices and household products. New York and federal product liability laws hold manufacturers and distributors of dangerous products responsible for injuries and deaths resulting from their use. 

Manufacturers have a duty to design and manufacture products that are safe for their consumers to use. They are also required to warn consumers of any potential problems related to their product. When a manufacturer creates an unsafe product, or when the manufacturer or distributor fails to warn consumers that a product might be dangerous, the manufacturer is liable for resulting injury or death. 

A product is considered defective if it is unreasonably dangerous to the ordinary user. Strict liability holds a manufacturer or seller of a defective product responsible for the resul ting injuries or wrongful death, regardless of fault or intention. There are three primary categories that make a product defective: 

  • Design defect: A product has a design defect if the design of the product is unsafe.
  • Manufacturing defect: A product has a manufacturing defect if the product’s design is sound but the method of making the product is unsafe.
  • Warning defect: If a product does not have sufficient instructions or warnings about its use, and you are injured as a result, the product has a warning defect.

If you or a loved one has been injured or killed as a result of a defective product or you simply need more information, please contact us.

Wrongful Death

Any unexpected death is tragic and may leave a family struggling with feelings of anguish, uncertainty and anger. Unfortunately, a family may also struggle with the financial consequences of loss of support and medical bills. If your loved one died as a result of someone else’s negligence, recklessness or malice, your family has a right to compensation for the tragic loss under New York laws regarding wrongful death. 

There are two aspects to the case: proving fault and demonstrating the full value of your loss. While it may be difficult for your family to consider a lawsuit shortly after the death of a loved one, it is important that an investigation into the wrongful death not be delayed. 

The children, spouse or parents of the deceased can pursue a wrongful death and/or survival action lawsuit. In New York State, the executor of the deceased’s estate or administrator pursues these actions on behalf of the deceased’s survivors. A wrongful death can occur in various ways: from a car accident to medical malpractice, to taking a dangerous drug, or by other means. 

Wrongful Death: 

  • Car and bus accidents
  • Birth accidents
  • Medical malpractice
  • Construction and work-site accidents
  • Hospital mistakes
  • Motorcycle accidents
  • Subway accidents
  • Airline accidents
  • Drowning accidents
  • Defective products
  • Criminal attacks

In New York State, a survival action is brought to recover damages for the personal injuries suffered by the decedent prior to the wrongful death. If those injuries result in the victim’s death, the claim is still valid. The claim “survives” the victim’s death and can be pursued by the deceased’s survivors in an attempt to recover for the conscious pain and suffering or fear of impending death endured by the deceased before death. In a wrongful death lawsuit, compensation for the loss of a loved one may include funeral and medical expenses; lost wages, including future earnings; lost benefits (pension, medical, etc.); lost inheritance; and loss of care, guidance, protection and companionship to the survivors. New York State does not allow family members to recover for the pain and mental anguish suffered for the loss of a loved one. 

In order to meet the conditions for filing a wrongful death lawsuit, the death must have been caused, in whole or in part, by the defendant’s conduct, even though there was no direct intention to kill the victim. The defendant must be deemed negligent or strictly liable for the victim’s death. Also, a deceased may have a dependent party, such as family members, who have suffered from emotional and monetary damages as a result of the death. 

Strict time limitations exist to commence an action for wrongful death. An action may depend upon who is injured, who the potential defendant is, as well as the enactment of new laws and judicial decisions interpreting the law. Computing the time limitations is not a simple matter and a person should promptly consult an experienced personal injury attorney once he or she suspects wrongdoing. 

5 Helpful Tips for a Wrongful Death case

  1. Locate all Wills that may exist.
  2. If the police were involved, obtain the police report.
  3. Get the names of any witnesses to the incident.
  4. Make a list of all doctors and hospitals the family member treated with immediately prior to death.
  5. Contact an attorney immediately to protect your rights

If you believe your family member’s death was wrongfully caused by someone’s fault or negligence, or you simply need more information, please contact us for a free consultation.