We present cases to juries on behalf of other attorneys as their trial counsel as well as directly on behalf of individuals who suffer severe personal injuries in all types of cases, including:
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Personal Injury: What You Should Know
Every year, many thousands of people die in the United States as a result of unintentional injuries. If you have been recently injured,Contact Us today to see if you could be entitled to compensation for your injuries.
For more information about our personal injury practice, click on the topics below:
Personal Injury Cases - An Overview
If
You Have Been Injured - Preserve Your Rights!
How Much
is My Personal Injury Claim Worth?
How Will
Fault for My Injury Be Determined?
Motor
Vehicle Accident Cases - An Overview
Motor
Vehicle Accident Cases - Drunk Driving
Motor Vehicle Accidents Cases - Injuries That are Not Caused by
Drivers
Personal Injury Cases - An Overview
If you have suffered a personal injury, you may be entitled to compensation for your injury. Legal responsibility, called "liability," revolves around the simple fact that most injuries happen because someone was careless - or "negligent." Even if you believe you may have partly caused your own injury, in most states you can still get some compensation from anyone else who was also careless and partly responsible for your injury. There are several factors that affect the potential success and value of a personal injury claim, including:
The ability to prove the fault of another for your injury
The nature and extent of your injuries.
If you suspect you have a legal claim, Contact Us for an evaluation of your case. We are experienced with cases like yours, and can tell you at the outset whether it is worthwhile to pursue legal action. If you are unlikely to prevail, we will tell you, and you will not need to incur the time and expense of pursuing an unpromising claim.
In pursuing personal injury claims, we work with investigators and experts in specialized areas, who can skillfully investigate the technical and medical aspects of your case. More importantly, we can work through the maze of paperwork necessary to resolve your claim so that you can get on with your life.
Our fee is "contingent"; we earn a fee only if you get paid. The contingency fee system enables injured individuals and their families who cannot afford to pay on an hourly rate basis to have an attorney. The fee agreement will be carefully explained to you before you retain us. We understand that a personal injury case can add an incredible amount of stress to any person's life. Our experience and our goal to put you at ease ensure that your case will be handled in the most expeditious and hassle-free way possible.
If You Have Been Injured - Preserve Your Rights!
There are several steps you can take to increase your chances of recovery, and increase your potential overall recovery, in a personal injury case, even before you meet with an attorney. These steps include:
Writing down as much as you can about the accident or injury itself, your injuries and any other losses (such as wages) you've suffered as a result of the accident
Making notes of conversations that you have with people involved in the accident or the injury claim
Preserving evidence of who caused the accident and what damage was done by collecting physical evidence and taking photographs
Locating people who witnessed the accident and who might be able to help you prove your case
Notifying anyone you think might be responsible for your injuries of your intention to file a claim for your injuries, especially if a government agency or employee may be involved.
How Much is My Personal Injury Claim Worth?
Determining how much certain injuries are worth is a critical aspect of any injury claim. It is also the part of a claim about which it is most difficult to generalize; the amount depends on your very particular circumstances. We will be objective about your case and will not make a rash decision. Where you may be tempted, for instance, to go for a quick payout, we may counsel you that it is in your best interests to wait for a more appropriate offer. We are also used to working with insurance companies, and will not be confused by their tactics or feel pressured to settle for an unsatisfactory amount. We work hard to reachthe best settlements for our clients, as early in the litigation process as possible.. In assessing the value of your claim, we will consider everything you have suffered as a result of your injury.
In general, the following guidelines apply to the potential recovery amount:
The more painful the injury, the higher the potential damages you may recover
The more invasive and long-lasting the medical treatment, the higher potential damages you may recover
The more obvious the medical evidence of the injury, the higher potential damages you may recover
The longer the recovery period, the higher potential damages you may recover
The more serious and visible any permanent effect of the injury, the higher potential damages you may recover.
Usually, a person who is liable for an injury must pay the injured person for:
Medical care and related expenses
Income lost because of the accident, because of time spent unable to work or undergoing treatment for injuries
Permanent physical disability or disfigurement
Loss of family, social and educational experiences, including missed school or training, vacation or recreation, or a special event
Emotional damages, such as stress, embarrassment, depression or strains on family relationships -- for example, the inability to take care of children, anxiety over the effects of an accident on an unborn child, or interference with sexual relations, and
Damaged property.
How Will Fault for My Injury Be Determined?
The extent of every party's fault in causing your injury is the most important factor affecting how much you are likely to receive for your personal injury claim. Determining fault for an accident is not an exact science. But in most claims, we will at least have a good idea whether another person was entirely at fault, and the extent, if any, that you were at fault. Whatever that rough percentage of your fault might be -- 10%, 50%, 75% -- is the amount by which the damages total will be reduced to arrive at a final settlement or award figure.
Various rules of fault apply in different types of personal injury actions. Here are some examples of liability rules in different types of actions:
Automobile accident claims are by far the most common type of personal injury case in our court system today. Except in those states where legislation has been passed doing away with fault as an issue (no-fault laws), these cases are litigated under general negligence principles. The injured plaintiff is required to prove that the defendant was negligent, that the negligence caused the accident, and that the accident caused the plaintiff's injuries. As with other types of accidents, figuring out who is at fault in a traffic accident is a matter of deciding who was negligent. In many cases it seems that a driver, cyclist or pedestrian acted carelessly, but what rule or rules that person violated is unclear. We will look to a number of sources to help you determine who was at fault for your accident, such as police reports, state traffic laws, and witnesses.
Many thousands of people are injured each year -- some very seriously -- when they slip or trip and fall on a dangerous floor, a flight of stairs or a rough patch of ground. There is no precise way to determine when someone else is legally responsible for something on which you slip or trip. Each case turns on whether the property owner acted carefully so that slipping or tripping was not likely to happen -- and whether you were careless in not seeing or avoiding the thing that caused you to fall.
There are many different types of personal injury actions and several theories of fault that may apply in a given case. When you discuss your case with us, we will thoroughly evaluate the likelihood of success if you were to bring a claim for your injuries, and of the potential value of your case. In light of the deadlines imposed under state and federal law for the filing of personal injury actions, meeting with an attorney sooner rather than later if you think you might have a claim is always recommended.
Some content reproduced with permission of Nolo Press
Copyright
2002 Nolo, Inc.
Motor Vehicle Accidents - An Overview
If you have been in an automobile accident, Contact Us to tell us about your case.
Cases arising out of automobile accidents are by far the most common type of personal injury case in our court system today. This is not surprising, given that every 10 seconds, someone in the United States is involved in a car accident, according to the National Highway Traffic Safety Administration (NHTSA). Except in those states where legislation eliminating fault as an issue has been passed (no-fault laws), these cases are typically governed by the law of negligence. Generally, people who operate automobiles must exercise "reasonable care under the circumstances." A failure to use reasonable care is considered negligence. A person who negligently operates a vehicle may be required to pay for any damages, either to a person or property, caused by his or her negligence. The injured party, known as the plaintiff, is required to prove that the defendant was negligent, that the negligence caused the accident, and that the accident caused the plaintiff's injuries.
In many cases it seems that a driver, cyclist or pedestrian acted carelessly, but what rule or rules that person violated is unclear. We will look to a number of sources to help you determine who was at fault for your accident, such as police reports, state traffic laws, and witnesses. Courts look to a number of factors in determining whether a driver was negligent. Some of these factors include, but are not limited to, the following:
Disobeying traffic signs or signals
Failing to signal while turning
Driving above or below the posted speed limit
Disregarding weather or traffic conditions
Failing to drive on the right side of the road
Driving under the influence of drugs or alcohol
Other Causes of Automobile Accidents
Reckless Driving
Motor Vehicle Accident Cases - Drunk Driving
Every 30 minutes, someone in this country dies in an alcohol-related crash. Last year alone, over one million people were injured in alcohol-related traffic crashes. In a lawsuit arising from a drunk driving accident, in addition to the intoxicated driver being held liable for the injuries he or she caused, a bar or social host may be liable for damages if they served an obviously intoxicated guest, who then drove and caused an accident. The fact that the person who served the intoxicated driver alcohol may be held liable does not relieve the intoxicated driver of liability, however. Because we are aware of the many laws governing legal responsibility, we can help you identify who might be held responsible for your injuries, including people or businesses you might not have considered.
Motor Vehicle Accidents Cases - Injuries That are Not Caused by Drivers
In certain cases, accidents are caused by factors unrelated to the conduct of any particular driver. For example, an automobile accident may occur due to a defect in someone's automobile. In such a case, an automobile manufacturer or supplier may be responsible for injuries caused by a defect in the automobile under the law of product liability. A product liability suit is a lawsuit brought against the seller of a product for selling a defective product that caused physical injury to a consumer or user. If a manufacturer of a product creates a defective product - either in designing, manufacturing, or labeling the product - the manufacturer is liable for any injuries the product causes, regardless of whether the manufacturer was negligent.
Another example of a situation where a driver may not be at fault for an accident is where a mechanic fails to properly repair a vehicle and the failure causes an accident. In such a case, the person who improperly repaired the automobile, and his employer, may be liable for the injuries sustained under the theory of negligence.
Other factors, such as poorly maintained roads and malfunctioning traffic control signals can contribute to cause an accident as well. Improper design, maintenance, construction, signage, lighting or other highway defects, including poorly placed trees and utility poles, can also cause serious accidents. In cases such as this, government entities may be potential defendants. Special rules apply to claims and lawsuits brought against governmental bodies, however, and good legal advice is critical to preserving and winning such claims.
In any personal injury case, it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and have physicians or other expert witnesses thoroughly evaluate any injuries. If you have been in a motor vehicle accident, Contact Us today for assistance accomplishing all of these things.
Call Today For A Free Initial Consultation
Telephone: (718) 828-4888
Our office is located at 2024 Williamsbridge Road, Bronx, New York. We are proud and honored to serve as personal injury lawyers in all of New York, including the Bronx, Brooklyn, Queens, Manhattan, Yonkers, White Plains, Mt. Vernon, New Rochelle, Port Chester, and where you live. We are asked by lawyers all over the state and country to accept and assist their clients by presenting cases in our New York Courts. For a map of our Bronx location, please click here.