Personal Injury

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?

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 solely from 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.

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.

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 stairwells 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.

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.