Personal Injury
We recognize the importance of being accessible to our clients. We believe that each client deserves personal attention.
Automobile & 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.
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.
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:
- Did the driver of another vehicle fail to yield right of way and cut off the motorcycle?
- Was the crash the result of dangerous road conditions?
- Was the biker hit by a drunk driver?
- Was the accident caused by defective equipment ?
- Did the insurance company offer a reasonable settlement for a serious injury?
- If the victim suffered a permanent disability such as quadriplegia, paraplegia, or brain damage what is the true cost of life care?
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
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
Slip, Trip and Fall Accidents, including Municipal
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.
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.
If you or a loved one has been injured as a result of a dog attack or you simply need more information,
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.
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.
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.
Examples of medical malpractice include:
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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
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.
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:
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:
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.
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.