New York Personal Injury and NY Accident Claims
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About New York
New York is located in the northeastern United States. Sometimes it is called New York State when there is need to distinguish it from New York City. Because a significant majority of the population is concentrated in the southern portion around New York City, the state is often regionalized into Upstate and Downstate. The following links provide information about New York State. http://www.nytimes.com/
http://newyork.yankees.mlb.com/NASApp/mlb/index.jsp?c_id=nyy http://newyork.mets.mlb.com/NASApp/mlb/index.jsp?c_id=nym New York Personal Injury Lawyers & NY Accident Attorneys
http://www.consultwebs.com/clients/belluck_fox.htm
http://www.consultwebs.com/clients/syracuse_injury.htm http://www.wtklaw.com/index.php
http://www.rochesterpersonalinjurylaw.com/ http://www.mesotheliomahelp.net/ http://www.scottgottlieblaw.com/ http://munley.com/new-york-truck-lawyers/index.html http://www.newyorkbikerlawyers.com/ http://www.truckinjuries.com/new-york-truck-accident-lawyers.html http://www.syracuseinjurylaw.com/ New York Personal Injury FAQ's
How do I know if I have a Personal Injury claim?
To file a personal injury claim, you must be able to prove that you have been injured. This injury can be a physical injury or, in some cases, an emotional injury. Furthermore, you must be able to prove that another party is at fault for your injury. It may be necessary, in some cases, to prove that you are less at fault then the other party involved. The following are some of the most common accidents resulting in personal injury: - Automobile Accidents If you have been seriously injured by someone else’s negligence, an experienced personal injury attorney should be consulted. An attorney can help to evaluate the circumstances in which you were injured, scrutinize the role of negligence parties, identify any third-parties that may have played a part in your injury, and provide professional advice about your legal options. What is a ‘tort’?
“Tort” comes from the French word for "wrong," a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another. Torts include all negligence cases as well as intentional wrongs which result in harm. Tort law is one of the major areas of law. Tort law is broken into three categories: • Intentional tort - the Defendant knew, or should have known, injury could occur as a result of his/her actions or inactions. • Negligent tort - the Defendant was unaware that an injury could occur as a result of his/her actions, and at the same time, the Defendant was not acting in a safe manner. • Strict liability tort - a specific action caused the damages rather than the lack of care on the defendant’s part.
What kind of financial compensation can be awarded in a personal injury claim? The phrase “personal injury” refers to a wide variety of possible lawsuits. Additionally, what you may think of as a simple car accident case could turn into a product liability claim if, after investigation, the accident was caused by a faulty tire, maintenance mistake, or manufacturing defect. There are both federal and state laws that govern the types, and limits, of financial compensation that a victim can receive for each of the various types of personal injury claims. The two main types of personal injury damages are compensatory damages and punitive damages. Depending on the type of personal injury as well as the extent of the injury, compensatory damages may be awarded for: Medical bills, Lost Wages, Pain & Suffering, Physical, Mental/Emotional Disability and Property Damage. Punitive damages are intended to ‘punish’ the offender. These damages are typically awarded to the plaintiff in addition to compensatory damages when the defendant's conduct has been especially malicious or oppressive. Can I still file a personal injury claim if the accident is partially my fault? You may still have a personal injury claim even if an accident or injury was partially your fault based on the concept of Contributory Negligence or Comparative Negligence. Contributory negligence is when an injured person fails to exercise due care, which along with another person’s negligence, contributes to the injury. Comparative negligence is a rule of law applied in accident cases to determine responsibility and damages based on the negligence of each party directly involved in the accident. Under Comparative Negligence the fault of all parties is weighed and the amount of the recovery for damages sustained by the injured victim is reduced by the percentage of his or her own fault. In doing so each person is held accountable for the amount of damage that their negligence caused. Is there a statue of limitations for filing a personal injury claim?
A statute of limitations is a time period within which legal action must be brought. The statute of limitations for filing a personal injury claim varies by state and usually ranges from 1 to 6 years. If the lawsuit or claim is not filed before the statutory deadline, the right to make a claim is typically null and void. There are different statutes of limitations defined for each type of personal injury claim. Different timelines apply to negligence cases v. professional malpractice claims; property damage v. wrongful death lawsuits; medical malpractice claims v. pharmaceutical litigation cases. In some instances a statute of limitations can be extended based on a delay in the discovery of the injury. For example, some illnesses may not be diagnosed for years after exposure to a harmful product or chemical. To obtain more details regarding statutes of limitations that may apply to your case, consult with an experienced personal injury lawyer. Often the initial consultation is free, and the attorney can provide you with a legal evaluation of your potential lawsuit and legal options. What is the first thing I should do if I have been hurt in an accident and I want to file a claim for my injuries? If you have been injured in an accident, the very first step you should take is to make certain you receive prompt medical treatment for any injuries sustained. A personal injury attorney can help to protect your legal rights, but proper medical care should be your first priority. There is no single step that you should take to obtain a fair settlement, and no set order in which you must proceed. However, the following suggestions can help your claim process proceed more efficiently: • Write down as much as you can about the accident itself. List your injuries and any other losses you have suffered as a result of the accident. • Document the conversations that you have with people involved in the accident or the injury claim. • Preserve evidence of who caused the accident and what damage was done by collecting physical evidence and taking photographs as soon as possible. Photographs should include the scene of the accident from all angles, the surrounding area, your injuries, and any property damage. • Obtain the names, addresses, and phone numbers of all potential witnesses of the accident. • Contact an experienced personal injury attorney.
What is a slip and fall action? A slip and fall action is a type of personal injury lawsuit filed by a plaintiff who has been injured by a slip and fall accident, usually on the defendant's property. An example of a very common slip and fall is the grocery store patron who slips on a wet floor, and falls, causing injury to himself. The plaintiff in slip and fall cases must usually show that the owner of the property had knowledge of the condition, and failed to correct it within a reasonable amount of time. If the plaintiff knowingly encountered a hazard, then he or she may have trouble holding the defendant liable. Only an attorney familiar with negligence and personal injury claims can advise you of the strength of your claim. Can a person recover damages for injuries sustained on someone else's property? Typically, a property owner has a duty to protect members of the public from injury that may occur on the property. The injured person may be able to recover money for those injuries if he or she can prove that the owner failed to meet that duty. The hurdle plaintiff’s face is that the nature and extent of the property owner's duty will vary depending upon the facts of the situation and the jurisdiction in question. Some states focus solely on the status of the injured visitor to the property: invitee, licensee, and trespasser. An invitee is someone who has been invited onto the land because that person will confer some advantage to the property owner, such as a store patron. An owner of property is required to exercise reasonable care for the safety of the invitee. A licensee is someone who enters upon the land for his or her own purpose, and is present at the consent, but not the invitation, of the owner. For example, a door-to-door salesman who enters the property and stays to converse with the owner about a product that he or she is selling is a licensee. The owner's duty to a licensee is only to warn of hidden dangers. A trespasser is an individual who enters onto the property without the knowledge or consent of the owner and who remains there without any right or permission. Trespassers have difficulty suing property owners because the property owner has little duty toward the safety of individuals who are not intended to be on the property. Other states focus on the condition of the property and the activities of both the visitor and owner, rather than considering only the status of the visitor. In these states, a uniform standard that requires the owner of the property to exercise reasonable care to ensure the safety of invitees and licensees is generally applied. The property owner's duty of care toward children is greater than the duty owed to adults. Even if the children are trespassers or engage in dangerous behavior, the property owner must still take precautions to prevent foreseeable harm to children. Any personal injury claim can be complex, involving multiple negligent parties, and overlapping laws. The simple rule of thumb is: if you have a serious injury that you believe was caused by the negligence of someone else – consult with an attorney to obtain legal advice specific to your case. Should I cooperate with the insurance company? Remember, that the claims adjuster works for the insurance company – it is their job to protect the interests of their employer. Who is protecting your interests? - You should never give a recorded statement to the claims adjuster for the insurance company without consulting first with an attorney. - Never sign any papers sent by the insurance company without first talking with your attorney. A release called a general release will prevent you from suing other people who may also be liable for your injuries. - Never accept a settlement from an insurance company without first consulting with an attorney experienced in personal injury claims similar to yours. If I have suffered a personal injury do I need a lawyer? A personal injury lawyer is focused on providing you with professional legal representation to obtain the maximum amount of compensation for your injuries, consistent with the nature of your injuries and losses. An experienced personal injury attorney will investigate the circumstances in which you were injured, identify all negligence parties, interview any witnesses, and define a strategy to hold accountable those responsible for your injury. Additionally, a lawyer can investigate all sources of recovery and ensure that your medical expenses are submitted to the proper source for payment. You need a lawyer working for you to protect your rights. Many valuable rights were lost because the injured person believed what he or she was told by the insurance company. Just remember, the only person truly working in your best interests is the lawyer you hire. New York Accident FAQ's
What should I do if I am involved in a car accident? If you have been involved in a car accident you should:
• Stop. If you get in a crash, you must stop. If you leave, that's known as a "hit and run," and might be a felony. This includes hitting property, animals or pedestrians. Also, remain calm. • Call for help. If someone is injured, call 911. If not, your first call should then be to the police. The police will advise as to whether the crashed vehicles should be moved out of traffic, and will take statements from the drivers and passengers involved. • Call your insurer. As soon as you are able, call and file an accident report. You should also notify the other driver's insurer of the accident. • Don't sign anything. If an insurance adjuster shows up at the scene, don't give any statements and don't sign anything. • Gather information. Get the names, addresses and phone numbers of everyone at the scene, especially witnesses. • Go see your doctor. You may have injuries of which you're unaware. If you are examined by a doctor, make sure you are specific in explaining how the accident happened and any and all injuries and problems you sustained as a result. • Call an attorney. If you've been injured, you may want a lawyer to make sure you receive a fair settlement from the insurance company. Also, proving to another driver's insurer that its policyholder caused the accident might require the services of an attorney. An insurance company is offering me a nice settlement. Should I take it?
You should not take any settlements offered by an insurance company without first speaking with an experienced auto accident lawyer. The insurance company will typically offer minimal amounts of money in return for your signature stating that you will not sue. This usually happens rather quickly after the accident takes place. Insurance companies will often discourage you from obtaining a lawyer so they can pay less to resolve your claim. Never take an insurance check or sign anything without first consulting an attorney.
If I rear-end another vehicle am I at fault? Typically, yes. The law states that you must maintain a safe distance to be able to stop safely if a car stops in front of you. There are some exceptions, especially if the other driver makes a sudden and unexpected stop, or if you are involved in a chain reaction. Contact your attorney today to protect your rights.
What should I do if I was in an automobile accident and I did not feel hurt at the scene but experienced pain afterwards? Even if you think your injuries are only minor, you should immediately consult your medical provider regarding any discomfort, pain or possible injuries from the car accident. Even if you did not complain of injuries at the scene of the car accident, if you were injured in the accident, you are entitled to payment of your medical bills and lost wages. For certain injuries where the other party is at fault, you may also be compensated for your pain and suffering and loss of earnings capacity. Auto accident claims for damages resulting from injuries usually depend on medical records linking the auto accident to the injuries received. If there is a time elapses between the auto accident and the treatment, the more difficult it is to prove a connection. Auto accident victims should seek medical attention as soon as possible if they believe they are injured.
Can I still recover damages if I was not wearing a seat belt at the time of my accident?
In some states, not wearing your seatbelt can negate or reduce any possible compensation for damages, on the basis that people suffer more severe and expensive injuries when they're not wearing seat belts. In other states, this is not the rule.
Do I have a case against the manufacturer if I was in an accident and the air bags in my vehicle did not deploy?
There are several factors that dictate whether an air bag will deploy in a collision. 65 to 90 percent of vehicles on the road in the U.S. have some degree of electronic data recorder (EDR). Contents of your EDR should be downloaded and preserved. If the circumstances of your accident prove that the airbags should have deployed, you may have a product liability claim against the manufacturer.
If I was injured in a car accident do I need to hire a lawyer or can I handle the claim myself?
The law does not restrict you from handling your own claims. However, you should keep in mind, that the insurance companies and the insurance company lawyers are trained professionals. It is their job is to resolve the potential "liability" by paying as little as possible to you. Insurance companies are just that - companies. They, like most businesses, are in this business to make a profit for their owners and shareholders. If was hit by a commercial vehicle is the employer also responsible? It is possible that the employer may be responsible. The employer may be liable for the employee's negligence under the doctrine of vicarious liability. Vicarious liability is where the company is responsible for negligent acts committed during the course and scope of normal activities in service to the company. If the individual does not have enough insurance to cover your entire claims then if there is another party with liability.
If I have been injured in an automobile accident will I have to go to court to get a fair settlement?
If the insurance company does not offer a reasonable settlement then you may want to go to court. Many cases however, do settle out of court, which is generally may best for the client if the settlement amount is fair. Contact your attorney today to discuss what legal action is necessary.
How much money am I likely to get if I have been in a Car accident and am going to get a settlement? How much the case is worth is most often determined when the insurance company adjuster and the attorney try to predict what an imaginary jury would award you, the client. The attorney and the adjuster do this after all the evidence is in and they have determined what kind of witness you might make in court. The two then come to some agreement, with your permission as to what the settlement amount will be. Without an attorney, the insurance company will try to convince you that the claim isn't worth much and will often give a "take it or leave it" offer. Protect your rights and contact an attorney today. |