No one needs to tell you that New York has a lot of traffic. The sheer number of cars, buses, trucks, motorcycles and cabs on the road account for thousands of injuries to motorists, passengers and pedestrians alike.
If you’re injured in an accident, it goes without saying that the first thing you should do is seek medical attention. If you have been injured, the best thing you can do is to seek the counsel of a personal injury attorney in New York specializing in automobile accidents.
If you have sustained injuries, you have the right to recover medical expenses and lost wages, and you may be entitled to compensation for pain and suffering. You will probably be approached by an attorney or adjuster from the insurance company for the person at fault. That person’s goal is not to settle the case and help you recover lost wages and pay for medical expenses. Their goal is to limit their client’s liability.
Said another way, the attorney or adjuster’s goal is to get their client a settlement that doesn’t cost a lot. They do this by offering you a settlement. It may look good on the surface; after all, you’re getting some money.
The problem is that you’re signing away any future considerations. Part of the settlement agreement will be that you will waive your right to bring a lawsuit against the other party in the future. If you develop a medical condition two or three years (or even longer!) down the road, you would not be able to pursue any legal action.
Anyone involved in a car accident is also entitled to No Fault benefits which will entitle them to lost wages and medical insurance relating to the injuries sustained in the accident. They should be aware that they only have 30 days to file the No Fault application and should therefore speak to an attorney immediately so that their time to file it does not expire.
If you’re offered a settlement, do not sign it unless and until you’re advised to do so by a reputable and experienced car accident attorney.
Once you make the decision to seek council, your attorney will
·Examine the settlement offer by the other driver or insurance company
·Help you determine how much your claim is worth
· Determine a legal course of action against the opposing driver
· File a bodily injury claim, if necessary
· Negotiate with insurance companies
Most will take your case on contingency, so you will not have to spend money upfront for legal representation. You should have an attorney to help navigate through the red tape and negotiate a fair settlement for yourself. Hiring an experienced car accident attorney improves your chances for a favorable outcome.
The owner or person responsible for maintaining any premise is legally liable for injuries sustained on their property due to negligence. Any person on the property legally can and should expect for the property to be maintained so as to protect their personal safety.
Trip and falls and slip and falls account for the lion’s share of premises liability cases. More than eight million people are treated in emergency rooms every year due to falls, according to the Center for Diseases Control and Prevention.
No matter who was responsible for a spill that caused someone to slip and fall, be it an employee or a customer, it is still the responsibility of the property owner to perform clean up and maintenance in a timely fashion and to warn customers of the dangers present. Snow and ice removal from sidewalks constitute another type of slip and fall accident.
Premises liability cases, however, are not limited to incidents caused by falls. Cases involving animal bites and accidental poisoning are common. Elevator accidents account for a large number of premises liability cases inNew York. Although the state does have strict guidelines regarding elevator maintenance and inspection, accidents are not uncommon due to the sheer numbers serving buildings inNew York.
Premises liability cases are extremely complicated because the state has unique and evolving regulations. The owners or their insurance company will have legal representation fighting to limit their liability for injuries. You should have an attorney on your side advocating for recovery of medical payments, lost wages and future considerations when a property owner is liable for an accident. If you feel you have cause to sue, hiring an experienced premises liability attorney in New York improves your chances for a favorable outcome.
There are an infinite number of ways a person can be injured by a defective product. There is also any number of companies who could be found responsible if an injury occurs.
Anyone associated with the production, design, manufacture (even manufacturers of component parts), retailer and wholesalers may be liable. An experienced product liability attorney will be a tremendous asset to your case and can mean the difference in being fully compensated for your injury.
Here are things you need to do if you are injured due to a defective product of any kind:
Get medical treatment.
Do not wait for any reason. Initial medical reports are effective evidence. Also, make sure to follow your doctor’s orders and document pain, stress and unseen injuries.
Save the product as is.
Do not destroy or alter it in any way. It becomes evidence in your case. Try to find paperwork such as instructions and operating manuals.
If you’re injured at work…
Report the accident and get the names, addresses and phone numbers of any witnesses. Make sure to take pictures of the accident scene, if possible.
Speak to an attorney.
A product liability case requires a tremendous amount of preparation. Investigation is required to determine if the defect occurred in design, manufacturing or if there was inadequate warning outlining any dangers associated with normal use.
Do not accept a settlement, if offered, before speaking to an attorney. To do so may limit your ability to collect for damages in the future. Also, don’t give a recorded statement or sign anything without counsel.
An experienced product liability attorney increases the chances of a favorable outcome. If you’ve been injured, seek the advice of reputable law firm.
Last month, reform legislation was introduced in the New York Senate to reform the state’s Scaffolding Law. The current law holds contractors and property owners absolutely liable for workplace injuries, regardless of fault.New Yorkremains the only state to still have such a law on the books.
Citing the fiscal challenges faced by municipalities in the current economy, advocacy groups have pressed the issue with Governor Cuomo, who seems ready to support them.
Rather than facing strict liability, as employers do now, the bill under consideration would apply comparative negligence, which means that employees would be held accountable for their contribution to the accident. For example, employees may lose their ability to receive compensation to cover the cost of injuries if the employer proves they did not follow safety regulations or were intoxicated.
The bill also opens the door for interpretation regarding the employee’s adherence to instructions. It enables construction companies to build a case against the worker in order to limit their own liability.
For injured parties, this could mean their ability to receive compensation for their injuries will be greatly reduced. This will be done as a way to impact the bottom line, while workplace safety is negatively impacted.
If you have been injured in a scaffolding fall or other workplace accident, contact an experienced construction accident attorney in New York to discuss your case and the next steps in recovering damages.