Injured and Seeking Claim? – Compelling Reasons to Get a Personal Injury Lawyer
A lot of us are aware that if we get injured due to someone else’s negligence, we are owed a compensation. But things get complicated if we choose the legal path. Often people don’t get the settlement they deserve due to their ignorance or perhaps lack of legal knowledge. But, here’s where personal injury attorneys can help you out. First and foremost, you don’t need a personal injury attorney in case of all injuries. So, here’s when you should consider getting one: You were in an accident which led to serious injuries Someone you know has died in an accident You or a family member have gone through emotional distress due to an accident An accident has led to a disability, temporary or lifelong You’ve lost your income due to an injury / accident You don’t know your compensation You’re not satisfied with the settlement offered by the insurance company Keeping the above in mind, remember that a personal injury lawyer brings in rich experience and lot of value which’ll help you get the right and just settlement. Here are a few more compelling reasons as to get a personal injury attorney. An objective lens: A personal injury lawyer will bring in the much need objectivity to your case. Often in situations involving injuries incurred by self or a loved one leave people angry and impulsive, but an attorney will look at all the facts and figures and take the most suitable approach. Navigate the complexities of laws: Personal injury attorneys are best placed to help you with your case because of their rich knowledge of the law. A layperson might get intimidated by the complex legal terms and lose their way, but a lawyer will not only ensure that they file the best suited claim but also explain the entire journey in simple and easy-to-understand language. Ensure the best settlement: A personal injury lawyer has your interest at heart. It is their job to get you the compensation you deserve. Cost and time-efficient: It is always recommended to hire a personal injury attorney simply because it’ll save you valued time and money as an expert will handle your claim in the most efficient manner possible Represent you in a trial: While you may want to represent yourself should your case go to trial, but it is a job best left to the experts. A personal injury attorney will ensure that the case is represented and fought in the best possible manner in court. Read the fine lines: A personal injury lawyer will be sure to read your settlement and all other legal documentation to make sure that there are no loopholes and you’re getting exactly what you are owed. Experience: Importantly, a personal injury attorney brings with them experience of multiple similar cases. This helps them navigate the cases easily, find the gaps and ensure that you’re not left in the dark with an undeserving settlement. Bring in experts: Personal injury lawyers are well placed to bring in experts to further strengthen your claim, if required. Their large network of subject matter experts, including insurers, assets and liabilities specialists, will help build a claim which is in your best interest. If you or someone you know is involved in a personal injury, get a lawyer today. Reach out to Siler & Ingber, LLP, call us on 1-877-529-4343 or contact us via our online form on this page to schedule a free consultation and case evaluation with a personal injury attorney.
Personal Injury due to COVID-19 – What Could it Mean for Your Business?
It would be accurate to say that the coronavirus pandemic has put our lives on hold. A global pandemic, it has taken the world by storm and near about changed our perception towards everything we called “normal”. Schools are shut, offices and homes have merged into one, and we all know the hit to our social lives. Sadly, the USA leads the world in terms of the cases. From the looks of it, the pandemic doesn’t appear to be slowing down anytime soon. However, it is now time to reopen and rebuild the losses to the economy. As we crawl slowly towards the “new normal”, it is pertinent to take care of yourself and your family. But there is a need to focus on the small and local businesses as they have borne the brunt of the virus the most. As the country attempts to reopen and bring the economy back to life, the contribution of local businesses needs to be immense; for the economy and themselves. At the same time, local businesses need to remember that the pandemic has opened doors to many liabilities. Personal injury claims are on a rise and businesses need to be prepared to protect themselves as they reopen for people amidst the pandemic. If you’re a business and attempting to open your services to the public, and want to know what could make you liable to a personal injury claim in the context of the COVID-19 pandemic, read on: First and foremost, we recommended you reach out to a top personal injury lawyer to know how to go about reopening which is safe for all your customers and protects you from any liabilities and personal injury claims. Ask for tailored guidance best suited for your business. Taking preemptive steps is the best way to avoid any claims. What could put your business at risk? If we think about COVID-19 and personal injury, the first thing that emerges is the possibility of a business getting sued due to negligence. It basically means that the onus of ensuring that all safety measures are in place lie with the business in order to protect their customers. For instance, if you’re a restaurant and don’t provide a place for people to wash their hands, you could be liable to a personal injury claim due to negligence. While a business owes due diligence to all their visitors, the highest priority are the licensees – visitors who ensue financial gain to the business, for example, diners in a restaurant, shoppers in a mall etc. What are the potential personal injury claims? Negligence due to lack of reasonable care: While the virus is still evolving and governments, even the medical fraternity is grappling for information, the businesses should ensure that they the premises are in reasonably safe, example, have sanitizers handy for customers, keep the premises clean and disinfected, etc. If not, you could become vulnerable to a personal injury claim. Risks not minimized: A personal injury claim could be your way if a visitor is able to show that you were aware of a risk and did not avert it. Hence, ensure that you talk to your visitors, get their feedback, and constantly monitor if there is anything you can do to make your premises safe from the virus as far as possible. Multiple aspect of “injury”: A visitor may sue you far causing injury. But what does injury mean in the context of COVID-19? It could mean any of the following – costs borne due to the illness, physical impact of the illness, or even emotional distress. Other possible claims: Apart from negligence, a visitor may also file a claim against you for negligent infliction of emotional distress, which would mean that the visitor, a reasonable person, would show they have suffered emotional distress (loss of sleep, depression etc.). You can ask a personal injury attorney. Protecting yourself from a COVID-19 personal injury claim Here’s a few simple steps to ensure that your business is safe for its visitors: Remain updated on information, including risks of transmission, recommended ways to avert risk etc. Have reasonable safety protocols in place, such as, screening visitors for temperature, provide masks and sanitizers, put information and the risk of COVID-19 on the walls etc. of your premises, provide markers to ensure social distancing. Regularly visit the CDC website to know the latest safety protocols. Share information with visitors about the coronavirus by implementing a comprehensive plan, which includes displaying information and the potential risk as well as constantly remind visitors that while you’re taking all possible precautions, there’s no 100% way to ensure that a visitor may not contract the virus by coming in contact with another visitor. Implement contract tracing so that in case of an adverse event of a visitor getting infected, you’re able to warn the relevant people so that they are aware of the risk and take the necessary steps. What happens if you get sued? The above being said it is important to note that if you’re sued for personal injury due to any of the above reasons mentioned, it will be validated by a personal injury attorney to check all the facts. Most likely, a business would be made liable under the Tort Claim. Hence, it is important you get to a personal injury attorney first and minimize as many risks as possible. Reach out to Siler & Ingber, LLP, call us on 1-877-529-4343 or contact us via our online form on this page to schedule a free consultation and case evaluation with a top personal injury lawyer.
Injured as a Pedestrian in New York State? – Know Your Legal Options
As someone walking down the road, there is an unsaid trust and confidence we have in our drivers to move on the roads with alertness and care so as to not harm themselves or anyone on the road. Despite that, we see an increasing number of pedestrian deaths mostly due to a pedestrian-car collision. The busier the city, the higher the traffic and related accidents. Moreover, dangerous drivers are a hazard to not only pedestrians but other drivers on the road as well. With its ever-increasing vehicular traffic, New York has become one of the country’s most risky cities for pedestrians. The numbers also draw a grim picture showing that more than 300 pedestrian New Yorkers succumbed to traffic-related deaths. Needless to say, those who sustain injuries, have a difficult time getting over the injuries physically, mentally, and financially. However, remember that there are liable legal options available to you as an injured pedestrian or family of someone who lost their loved one due to an accident on the road while walking, such as the option of hiring a pedestrian car accident lawyer. And, here’s your go-to guide on what to do to ensure that you get the compensation you deserve if you have been in an accident as a pedestrian. Identify the Fault A comprehensive review of the accident helps figure out who is the one the fault. This review, undertaken best by a pedestrian accident attorney, could include irresponsible driving behavior which could be drunk driving, texting while driving, running red lights, reckless driving in parking areas etc. among others. This will be the first step to move towards filing a claim. Know the New York Pedestrian Traffic Laws Next, know the traffic law to identify the violation in your case and the claim thereof. Some of these laws are: Drivers cannot pass vehicles at crosswalks so that pedestrians may cross. Drivers should be careful to avoid accidents with pedestrians. Drivers should allow pedestrians when the “walk” sign is flashing. Drivers should allow pedestrians when the “walk” sign changes to a flashing hand or other symbols. New York also has Laws Which Protect Pedestrians, Here they are : New York State Vehicle and Traffic Law – This is the state’s official vehicle and traffic laws. If a pedestrian is injured by someone who was driving who violates this law, they will often be found negligent in a civil suit. Elle’s Law: Any driver who violates any traffic rules and ends up injuring an individual gets their license suspended for six months. If they have another incident that violates Elle’s Law within a five-year period, their license is suspended for one year. Hayley and Diego’s Law – This law penalizes a motorist when they fail to exercise care in operating a vehicle and injure a pedestrian or bicyclist as a result. The first offense attracts either a $750 fine, or 15 days in jail, or undertaking a driving training course. On second offense, the driver is charged with a misdemeanor. A pedestrian accident attorney will thoroughly review the situation and find the right violation and subsequent charges so that the injured pedestrian can get their fair due. Know the Deserved Compensation Getting the right compensation is of the utmost importance, especially if you’re suffering due to an accident because of someone else’s fault. Often, in a hurry to settle the matter, insurance companies of the “at-fault” driver will offer you a settlement, which will be far lower than what you deserve. Instead, focus on all the damages and calculate the fair compensation you should receive. Some of the factors to include while calculating the compensation should be your medical bills, transportation expenses, medicines, pain and suffering, emotional distress. Hire a Pedestrian Car Accident Here’s what we suggest. Hire a pedestrian car accident lawyer today to help you recover the compensation you deserve from the at-fault driver and their insurance company via an accident case. The lawyer will help you navigate through the often long and complicated legal processes to find the best way forward. Trust us and we promise to put our best foot forward to provide you the legal help you need. Siler & Ingber, LLP will work hard to get the compensation you deserve and help you on the road to recovering to the fullest extent possible. If you or a loved one has been injured in a pedestrian accident, call us today at 1-877-529-4343 or contact us via our online form on this page to schedule a free consultation and case evaluation with a pedestrian car accident lawyer. There’s no obligation involved, so you can feel completely free to explore your options.
Can Social Media Posts Affect your NY Personal Injury Case?
Social media can be a vital piece of evidence to use when it comes to backing a personal injury claim in New York State. Photos and posts can quickly capture the essence of a person to help to demonstrate a pattern of neglect and reckless behaviors. It can also be helpful for highlighting the positive characteristics of a plaintiff to help define someone’s genuine nature. Unfortunately, not all social media content is beneficial to a case. Activity on social media that directly pertains to an injury, accident, or other detail of your claim can tank a case almost immediately. Sometimes this online exposure of your legal proceedings can even result in further trouble, such as violations for breaching confidentiality agreements made. With over 70% of Americans participating on at least one social media platform according to Pew Research Center, knowing the legal repercussions of sharing online content is crucial. Residents of New York City and Long Island who are considering filing a personal injury case, or are in the midst of an ongoing claim, must be aware of harmful social media activity that could make or break their chances of a successful resolution. Social Media Is Public Record First and foremost, it’s crucial for New Yorkers to understand that social media posted on any platform is public record, not private. Despite any privacy settings you enable on your accounts or who you restrict from viewing your page, any content posted online is accessible or can be subject to a public record request according to NYS law. The false belief that social media is private has been the downfall of thousands of Americans when it comes to filing successful personal injury claims. Even messages sent through private DMs on social media platforms that are not immediately accessible to the public can be requested with a warrant if a case shows a need for further investigation. How Social Media Can Hurt Your Case Social media can negatively affect the success of your personal injury claim in several ways, regardless of how skilled your personal injury lawyer may be or how much evidence you possess to prove liability or negligence. The average American signs up for at least seven social media accounts, all of which have their own capability to ruin a case. Content Misinterpretations When someone posts content on a social media page, they typically publish with one intention in mind. Unfortunately, everyone interprets written information in a different capacity. This is where the trouble begins. Statements made on social media, especially those pertaining directly to an injury or accident, can easily be plucked from online and twisted to spark doubt in a plaintiff’s claim. Even photos without content can be misinterpreted, spun as being vindictive, or untruthful depending on the case. Conflicting Statements Clients who open up to social media about their ongoing case may make statements that conflict with others previously made. These statements can be particularly harmful when they are in writing as they can be quoted straight from your social platform, word by word, to easily show discrepancies in your case. Consequences of Confidentially If your case involves any confidential agreements, sharing details on social media can come with serious legal repercussions in addition to a failed change to seek compensation for damages sustained. Regardless of if the statements you are making are true, the agreement you made to keep details of the case private outweighs the amount of evidence you possess and could result in fines for breaking confidentiality. Interference with Medical Reports Posting photos and captions of your injuries online may give the defense a different version of your injury than what is in your actual medical report. These types of posts can make it seem as if an accident victim is doing better than what they are claiming. Consequently, it could be used to show a plaintiff is stretching the details of an injury to make an accident seem worse than it is. Both of these results may lead a judge to question the validity of an injury, even with a valid account of treatments and diagnoses from a medical professional. Harmful Friends and Followers Sadly, the friends and followers who interact with on social media can also negatively impact your case, despite whether you react to or initiate the content. Social media friends are known for providing “support” for their loved ones by publicly advocating when negligence has occurred. But even if you are not tagged in these posts, the existence of the material pertaining to your ongoing litigation can harm your chances of succeeding. Locations & Geo-Tagging Location and geo-tagging have become a popular feature on social media platforms that can be detrimental to the success of a case. Maybe you just pulled into a drive-thru for lunch, or your loved one stopped shortly for a coffee on the way to take you to your medical treatment. Either way, if you are tagged at a location that could be used to question the validity of your injury or current state of health, you can be assured that this information will be used to negatively impact your claim. How To Play It Safe On Social Media The best practice to use when it comes to social media during an ongoing social media case is to never post anything that pertains to your accidents, claim, the person or company you are filing against, or any other details that pertain to your case. This includes photos, statements, videos, memes, news articles, etc. Additionally, keep all medical information private and ask your friends and loved ones to do the same. Review all of your social accounts and talk to your personal injury lawyer about the actions you should take to increase the chances of a successful claim. New York City and Long Island Accident Attorneys Our personal injury attorneys at the law firm of Siler & Ingber, have over 20 years of experience serving clients across New York City and Long Island. We protect your rights
What is a Tort Claim?
The phrase tort derives from the French meaning of wrong, so a tort claim today is a legal filing in which an individual looks to receive compensation due to another individual or entity’s wrongdoing. Torts are typically civil claims in which a plaintiff or accident victim suffered an assortment of economic/non-economic damages deriving from another person’s overall actions. A tort claim directly pertains to one person being harmed by another, and some common damages in tort claims include the following: Financial losses Emotional distress Physical injuries Psychological injuries Invasion of privacy Among many others… Our team of experienced personal injury attorneys has helped countless clients with all sorts of unique tort claims, and we’re always here to support you or your loved one when in it comes to obtaining your rightful compensation to accommodate the subsequent damages a tortfeasor has implicated upon your livelihood. Contact us today for a free case review so we can go over the details of your tort claim and put you in the best direction towards successful litigation. Types of Torts There are generally three types of torts, including the following: Intentional Torts Intentional torts occur when a tortfeasor’s actions were deliberately taken and were the ultimate cause of the plaintiff’s injuries or damages, and some examples of intentional torts include the following: Slander Libel Fraud Misrepresentation False imprisonment Battery and assault Wrongful death These types of civil suits will typically leave the defendant liable for paying monetary and non-economic damages to the plaintiff. Negligent Torts Negligent torts occur when an individual fails to abide by the behavior associated with a reasonable person, and how anyone reasonable would respond to their own personal duty of care towards others. It’s an important differentiation to note that negligent torts aren’t deliberate or intentional and that a plaintiff must be able to prove that their injuries or damages were subsequently caused by the defendant’s negligent breach of duty of care. Some common negligent torts include the following: Car accidents Medical malpractice Pedestrian accidents Slip and fall accidents (premises liability) Elder abuse/neglect Wrongful death And a lot more… There are obviously countless scenarios in which a negligent tort may be applicable to someone’s injuries, which is why it’s so crucial to have an experienced legal team on your side throughout the entirety of the process. Insurance companies will always try to lowball your settlement value from the get-go, but we’ll always ensure that you are adequately calculating and ultimately obtaining what’s rightfully yours! Strict Liability Torts Strict liability torts will primarily pertain to instances in which an individual or entity simply holds the liability of a plaintiff’s injuries, which is regardless of whether or not there were any negligent actions involved. Some of the more common examples of this type of tort include defective products, dog/animal attacks, and other dangerous activities associated with a responsible entity. Defective products tend to be the most common cause of injury when it comes to strict liability torts, and it’s important to know that you won’t need to prove that a product manufacturer acted negligently when a defective product injures you or a loved one. Strict liability laws will hold these negligent manufacturers accountable for your injuries/damages in most cases, but of course, these types of product manufacturers will also be accompanied with esteemed defense teams. So although you may not have to prove negligence in these types of tort claims, it’s inevitably crucial to have an experienced legal team working on your behalf. Other Types of Tort Law In order to be successful within any tort claim, the claimant must be capable of fully proving that they not only suffered injuries/damages, but that these injuries/damages were caused by the actions/inactions of the defendant. There are of course many instances in which the claimant must prove that negligence occurred in order to recover their rightful compensation. The different types of tort law include the following: Intentional torts Negligence torts Liability torts Property torts Nuisance torts Economic torts It’s also possible to bring about a tort claim against the federal government, or any specific branch of the government. These tort claims will particularly pertain to claimants recovering monetary damages due to injuries, property loss or even wrongful death. Suing the government is, of course, no easy task, but our team will know when it’s ultimately necessary within your tort claim and will be fully capable of presenting your case by holding certain governmental entities accountable for their negligence. Contact an Experienced Long Island Tort Claim Lawyer If you or a loved one was injured due to another individual or entity’s negligence, deliberate acts, or liability infractions, then you’ll likely have a valid tort claim. Contact us today for a free case review so we can go over the finer details of your tort claim, and begin the proper first steps towards developing your claim for successful litigation and a potential trial.
What Is The Average Settlement For A Broken/Fractured Bone Injury In New York?
Click Here To Calculate Settlement Broken or fractured bones tend to be one of the most common types of injuries associated with car accidents and within premises liability cases, but no matter how your injury occurred you’ll undoubtedly be wondering how much your case is legitimately worth. The overall answer to calculating an average settlement isn’t simple, and there will always be many factors that come into play when you and your legal team determine your case’s value. On this page we’re going to go over all the factors associated with calculating a broken bone injury settlement, so if you or a loved one has suffered a broken/fractured bone in any type of injury you should contact us for a free case review so we can determine your best course for legal action. How Cases Are Valued There will always be many distinct factors associated with any injury case, and calculating an estimated settlement value isn’t always so cut and dry. A plaintiff and their counsel will always need to take a potential jury into consideration and what they would potentially award someone for a similar injury settlement. You’ll also need to take into consideration how much you think the defendant is ultimately willing to pay for their negligence, and this particularly pertains to the situation in which both parties agree upon a settlement value prior to any trial. The two main factors associated with these types of personal injury cases include the severity of the injury and the likelihood of a defendant being found liable for the accident’s damages if the settlement is not resolved and the case goes to trial. The severity of the Injury There are quite a few different types of broken bone injuries that may occur within a personal injury case, including the following: Hairline Fracture: This type of fracture is also referred to as stress fractures, which entail small cracks or slivers within an injury victim’s bone(s). These fractures tend to be pretty painful, and there are many instances in which an individual may suffer several stress fractures and not actually realize it. Compound Fractures: This type of fracture occurs when an accident victim’s bone is cracked in multiple places. These are always very serious injuries that will require months of medical care and rehabilitation to fully heal from. Displaced Fracture: This type of bone fracture occurs when a small fragment of an individual’s bone is torn away. Some other common fractures including avulsion, spiral and transverse fractures. Common Broken Bones in Personal Injury Cases Broken bones are always going to be within the realm of possibility within any kind of auto accident collision or other types of catastrophic injury cases. The following bones are commonly broken within certain injury cases: Car Accidents Collarbone Ribs Femur Pelvis Vertebrae Radius Sternum Slip and Fall Injuries Elbow Wrist Hip Shoulder Spinal cord and back The Permanence and Overall Healing Time of the Injury There are many instances in which an injury victim doesn’t fully recover, and this typically relates to chronic pain and other permanent disabilities that require lifelong care. An injury settlement’s value can only be increased when services like nursing care, home cleaning and transportation services are a necessity for the accident victim. But even in less serious cases, the victim’s overall recovery/rehabilitation time is a consideration in terms of calculating the settlement’s value. Lost Wages or Loss of Future Income Any loss of income will play an important role in determining a broken bone injury case’s settlement value, and this refers to direct loss of existing wages as a result of an injury and any loss of future earning capacity. In these instances, we’ll utilize the expertise of vocational experts to help determine a reasonable estimate into what an individual and their family may lose in the future as a result of a serious injury that holds someone back from their current career. The Defendant’s Likelihood of Being Found Liable This is a major factor in determining a settlement’s value because it’s what gives plaintiffs the leverage they need to receive a higher settlement value. The available evidence within an accident case will be crucial within this factor, and it’s partly why having an experienced legal team on your side comes in handy. When potential damages are very high, there’s no doubt about it that a defendant will be ultimately less willing to settle the case prior to trial when there’s little to no evidence proving their fault. On the other hand, when there doesn’t seem to be a sufficient amount of evidence a plaintiff will typically be more likely to settle for a lower settlement value as opposed to risking everything at trial. Other factors taken into account include: All past and future medical costs Pain and suffering (and other non-economic damages) Settlement Values Always Differ Deciphering the average settlement value for broken bone injury cases in New York is almost impossible simply because each and every personal injury case is unique. Broken bone cases also are known to differ rather dramatically, and can range from tens of thousands of dollars all the way up to tens of millions! But when it comes to receiving your rightful compensation, broken bone victims will always be entitled to recovering their losses for the following: All medical expenses (past, present and future) All rehabilitation costs Any life care costs associated with permanent disabilities Lost wages and lost future earning capacity Other non-economic damages, including pain and suffering Contact Us Today For A Free Case Review If you or a loved one has suffered any kind of broken bone injury as a result of someone else’s negligence, you will be entitled to your full, rightful compensation for the given damages associated with your injury. Determining your injury’s value isn’t something you can do without the assistance of a legal expert, which is where we come in to help! Contact us today for a free case review so we can go over the details of your
Why Won’t A Personal Injury Lawyer Take My Case?
Personal injury attorneys spend their whole careers seeking justice for those who have been wrongfully injured. With hundreds of different types of lawyers to choose from, it’s critical to interview several attorneys to ensure you are hiring the best fit for your needs. Unfortunately, not every attorney will be willing to take on your case. Just as you are sizing up the lawyers to see which one fits you, personal injury attorneys must feel confident that they can adequately represent your rights. Even in cases where serious injuries have occurred, there may be other factors preventing a lawyer from accepting you as a client. Knowing these reasons can help you prepare for a consultation with all the pertinent information your lawyer requires, and to narrow your search for firms who are experienced in the type of injury claim you need. Expired Statute of Limitations One of the most common reasons why a personal injury attorney may not accept your case is that it is outside of the statute of limitations under New York State. A statute of limitations is the law that sets the maximum time after an accident or injury that a plaintiff can initiate legal proceedings. Each type of claim has specific timelines that are non-negotiable when it comes to filing. If your claim is past the statute of limitations, there is often nothing an attorney can do. Difficulty Establishing Liability If a case is within the statute of limitations to file under NYS law, the next factor an attorney will look at in your case is the ability to prove liability. Personal injury claims must show that someone was liable for the injuries a victim sustained. It makes no difference whether the injury was caused by accident, negligence, or if it was intentional in nature, a personal injury lawyer must be able to prove that the defendant in the case was directly liable. If an attorney is unable to prove liability, or unwilling, they will certainly turn down the case. Limited Resources Personal injury attorneys must be able to gather and process enough evidence to prove liability and damages in order to render monetary awards from a claim. This can take an impressive amount of resources and lots of investigative work. Not all firms possess the same amount of resources and expert witnesses to successfully file a claim. This could lead a lawyer to pass on your claim, especially if they feel there is a possibility it could go to trial. Inadequate Damages A personal injury victim has the ability to claim a number of damages directly resulting from their accident. This could include medical expenses, loss of wages, mental health treatment costs, or pain and suffering. An attorney who believes your case lacks enough damages to equal a significant compensation request may see it as more work than it’s worth. High Expense and Time Consuming Personal injury attorneys do not get paid unless they win. This means that the time and effort it takes for them to prove liability in your case must feel ‘worth it’ in the long run. Some attorneys may not want to put forth a great deal of time into a case that is only seeking minimal compensation. Other lawyers may already have too many cases on their plate, with no additional time or expenses to represent you appropriately. Inexperienced Attorneys in the personal injury field of law do not all have the same experience with each type of personal injury case. Some firms may focus on car accidents, while others spend more time on medical malpractice. Finding out which area of law a firm has the most experience in before scheduling a consultation will save you from getting turned down for lack of experience. Conflict of Interest Attorneys vow to follow strict guidelines in their practice upon passing the Bar. They must be able to act ethically and always in the best interest of their clients. According to the American Bar Association ,if a conflict of intent exists before representation is undertake, the attorney must turn down the case. Conflicts of interest include any factor that may cause an attorney compromise representation of their client’s best interests. For example, a lawyer may turn down your case if the defendant you are suing used to be a client of theirs in the past. History of Rejection New attorneys, or attorneys who are not confident that they can win a tough case, may take their lead from other firms who have passed on your case. These red flag cases are categorized as ‘risky’ or ‘undesirable.’ And because personal injury attorneys are only paid when they win, a risky case for some firms is not worth the potential loss. Poor Rapport Consultations do not always go well. It may be due to a personality clash or value discrepancy, but sometimes people just do not get along. When this occurs, it is better for an attorney to turn down your case immediately than to run into unrepairable problems down the road. Don’t take offense if an attorney turns down your case. There are hundreds of attorneys in the New York and Long Island area that may still be able to represent you. If a personal injury attorney does not want to represent you because of the finances, time, or lack of resources required, you are better off finding another attorney who is properly equipped to handle the challenge. New York City and Long Island Accident Attorneys Our personal injury attorneys at the law firm of Siler & Ingber, have over 20 years of experience serving clients across New York City and Long Island. We protect your rights by maximizing recovery and securing the financial support our clients need to succeed on their road to recovery. Our winning attorneys know how to navigate through the claim process using past experience as insurance defense attorneys. We are not afraid to fight and are fully prepared to take your case to trial to get a justified verdict
What Types of Evidence Are Relative in Personal Injury?
Evidence is the bread and butter of any personal injury case. The quality of evidence and the amount you compile can quickly make or break your claim. In some cases, lack of evidence can result in a significant drop in the amount of compensation you receive, even if you are clearly the victim in an accident. Clients who aren’t familiar with the types of evidence they can use in a case may be unintentionally allowing compelling information to disappear. When you have been wrongfully injured in an accident, particularly in an area as busy as Long Island or New York City, the quick gathering of evidence is crucial. Personal injury lawyers that possess the experience and resources to gather evidence are priceless when it comes to filing a successful injury claim. However, familiarizing yourself with what constitutes as evidence after sustaining an injury can also be useful to ensure that no important information is lost after an accident. Types of Evidence Determining when an accident was caused by negligence or wrongdoing is more complex than simply claiming that it happened. According to New York State’s personal injury law, a plaintiff must be able to prove two main components: – Liability: Personal injury claims must show that someone was liable for the injuries a victim sustained. It makes no difference whether the injury was caused by accident, negligence, or if it was intentional in nature, a personal injury lawyer must be able to prove that the defendant in the case was directly liable. – Damages: Plaintiffs must be able to prove that the damages sustained in a personal injury case, whether they are physical, emotional, psychological, financial, and so on, were a direct effect of the accident. Evidence includes anything that can be used to prove someone was liable for your injury: testimony, exhibits, documents, or more. Some of the most common types of evidence you may be asked to provide include: – Physical Evidence: Physical evidence includes tangible objects that can be shown in court and referenced as proof of an accident. These could include clothes, equipment, tools, vehicles, or even proof of certain weather conditions related to the event. Proof of any physical injuries sustained (scars, lacerations, etc.) will also be used to establish a serious injury has occurred, although sometimes photos are taken as a substitute. – Documentation of Injuries: Medical bills, prescriptions, incident reports, police statements, or any other documentation pertaining to your injury after an accident can be used as evidence in a case. – Accident Scene Evidence: Photographs or videos of the accident scene can be used to show the aftermath of an accident and to establish certain characteristics of how the events played out. These photos help in situations where conditions cannot be recreated (such as weather) or in cases where evidence is too large or unable to be removed from the scene of the accident. – Witness Statements: Witnesses to your accident can be extremely useful in painting a clear picture of the events leading up to your injury. Almost all parties who witnessed your accident can provide a statement for your claim. Witness statements are extremely strong pieces of evidence as they provide different perspectives of the accident that are helpful for your case. – Photos & Videos:Videos or photos that capture accidents as they are occurring are one of the greatest pieces of evidence in proving liability. Red light and speed cameras have been known for significantly helping in cases involving pedestrian, bicycle, and motor vehicle accidents as they eliminate the need to recreate the scene of an accident. – Online Information: Information from social media accounts, emails, and other online sources have become extremely popular in an age where digital media has become our primary source of communication. They are often used to determine a defendant’s character or to prove a history of committing similar acts of negligence. How Is Evidence Gathered To meet the New York State requirements for filing a personal injury claim, attorneys must wear several different hats and have access to credible experts to gather the evidence needed for your case. Types of resources a personal injury lawyer may utilize include: – Medical professionals; – Law enforcement; – First responders; – Private investigators; – Mental health experts; – Engineering experts; – Vocational experts; – Accident reconstruction experts; – Partnering law firms; and more. Expert witnesses are vital resources when it comes to showing the total amount of damages an accident victim has sustained. The best personal injury lawyers will have a team of experts in their corner at all times. These advocates are ready to jump in and fight for clients to help secure the compensation they deserve to get back on their feet. What To Do After An Accident Knowing what to do after an accident can greatly increase your chances of filling a successful injury claim. When you are injured, you may not be thinking clearly or he most important steps to follow directly after an accident: 1. If it is safe, do not leave the scene of the accident or move anything that is not causing you immediate harm. 2. Protect the scene, or have someone else help if you are not physically able. 3. In the case of a vehicle accident, keep your flashers on to prevent other cars from entering the scene or hitting you. 4. Call 911 to report the accident and any injuries that occurred. Your insurance company will most likely require police reports, so make sure to talk to an officer when they arrive. 5. Discuss the details of the accident as accurately as you can. Try to get other witnesses to make statements about what they saw as well. This could greatly help your case. 6. Take pictures of the scene to submit with your claim. Make sure to get photos of the car, the scene, and the injuries. 7. Seek medical attention for any injuries, no matter how minor. Your insurance company will need your
What Is Personal Injury Protection?
When you are the victim of a car accident, there is a multitude of damages you may incur that all come with a price tag. Between medical services for physical injuries and extensive vehicle repairs, the expense of getting into an accident is often more than drivers can afford. If your accident was caused by the negligence of another motorist or resulted in a catastrophic injury, the stress can become even more overwhelming. Personal Injury Protection is a type of car insurance designed to take some of the financial burdens off of an individual after a crash. Also referred to as “no-fault” insurance, Personal Injury Protection plans pay out benefits promptly to drivers, regardless of who was at fault for the accident, in three areas: medical expenses, economic losses, and death benefits. In New York State, all drivers are required to purchase a minimum amount of Personal Injury Protection for every registered vehicle on the road. These plans will not cover all of your expenses after an accident, but knowing which ones they do can help drivers start their recovery first and then determine which damages fall outside of their insurance claim. The Benefits of P.I.P. Regardless of who causes your car accident, Personal Injury Protection (P.I.P.), will help pay certain expenses for the driver and passengers involved in a motor vehicle accident. These no-fault benefits kick indirectly after an accident occurs and does not require injury victims to wait until liability for the damages is determined. P.I.P. policies were first introduced in the United States back in 1970. According to the Insurance Information Institute, the idea behind P.I.P. was to simplify the claims process by eliminating the need for proving fault after a crash. This kept the small claims out of court by allowing drivers to file directly with their insurance companies. It also allowed insurance companies to lower their costs to their customers. Injury victims benefit from P.I.P. by not having to wait for critical medical treatment based on their financial ability. Rather than shelling out funds for medical services that may not be awarded back, drivers can feel more at ease in seeking medical treatment when they need it rather than when they receive their benefits. New York State is one of 16 states across the country that requires their drivers to purchase P.I.P.; it’s not available in all states. Other than the states which mandate P.I.P. for drivers, only six others (including Washington D.C.) provide the option to enroll. What Costs Does PIP Cover P.I.P. focuses on supporting accident victims with financial costs associated with medical services, income loss, and other reasonable and necessary expenses after an accident. Examples of these expenses include: health insurance deductibles; loss of employment income as a result of the injury from the accident; expenses for medical services outside of the health insurance coverage; essential services affected by your injury (childcare, cleaning, transportation); funeral expenses. P.I.P. will cover the victim of a car accident if they are the driver, passenger, or even a pedestrian that is struck by a motor vehicle. It can also apply if you are injured as a passenger in someone else’s vehicle with an active NYS P.I.P. plan. P.I.P. does not cover expenses related to property and vehicle damage, or vehicle theft sustained in an accident. It also does not cover medical expenses that exceed your coverage limits. For these types of damages in cases of negligence and wrongdoing, accident victims may benefit from contacting a personal injury attorney to see if they qualify for additional compensation from their accident. How Much Does P.I.P. Cover in NYS Basic P.I.P. policies cover economic losses up to $50,000 per person. Examples of basic coverage required for a minimum auto insurance purchase listed under New York State Insurance Laws include: expenses related to medical and rehabilitation expenses (in accordance with established fee schedules); up to 80% of lost earnings from work, up to a maximum payment of $2,000 per month for up to three years from the date of the accident; subject to statutory offsets for New York State disability, Worker’s Compensation, and Federal Social Security disability benefits; up to $25 a day, for up to a year from the date of the accident, to reimburse other reasonable and necessary expenses, (e.g., household help, and transportation expenses to/from medical treatment) resulting from the auto accident; and a $2,000 death benefit (in addition to the $50,000 basic No-Fault limit), payable to the estate of a person eligible for No-Fault benefits who is killed in a motor vehicle accident. The monetary coverage an individual is rewarded after an accident will differ based on the level of P.I.P. a driver purchases. In most cases, individuals and families are negatively affected financially in multiple areas of their life after an accident. Before choosing a P.I.P. plan, it may be helpful for drivers to compare the benefits with their health insurance to fill any gaps in coverage. Is P.I.P. Different from Medical Payment Coverage New York motorists can often confuse P.I.P. and medical payment coverage; these are two separate plans. Where drivers in NY are required to purchase a minimum amount of P.I.P., medical payment coverage is an additional policy to help pay for medical expenses outside of your P.I.P. benefits. Medical payment coverage is not as comprehensive as P.I.P. This insurance only covers medical expenses associated with a car accident including, doctors’ visits, scans, surgery, and more. How Drivers Can Become Ineligible for P.I.P. Benefits The benefits of P.I.P. are not guaranteed. Though no-fault policies will cover car accident victims regardless of whether or not they caused the accident, there are a few exceptions that can make a driver or passenger ineligible to receive benefits from a policy. These situations stated by NYS.gov include: driving while intoxicated or impaired by the use of a drug that contributes to the accident, except for emergency health-related services performed in a general hospital or by an ambulance worker outside of a general hospital; intentionally
What Is A Personal Injury Case?
If you’ve been injured in an accident, you might be wondering whether your case qualifies as a personal injury. You are certainly not alone. As defined by the American Bar Association, personal injury is a sector of the law that encompasses a wide array of damages sustained from accidents caused by negligence or intent. This could include damages sustained to the mind, body, or spirit, all of which are equally important to establishing someone’s positive well-being. When you sustain an injury in an accident that significantly affects your everyday life, you may benefit from consulting with a personal injury attorney. New York City and Long Island laws are made to protect citizens who have been wrongfully injured. By providing avenues for them to pursue civil claims for any damages sustained, accident victims can regain the compensation they require and seek justice after an unnecessary injury. The Different Categories of Personal Injuries Personal injury law covers a wide spectrum of lawsuits that some victims would not even think to explore. There are three different categories of personal injuries that an accident victim can seek damages for: Physical Physical injuries are typically the first type of personal injury that comes to mind when clients consider filing a claim. The types of physical injuries we often see in personal injury cases include: Traumatic Brain Injuries; Spinal Cord Injuries; Broken Bones; Severe Lacerations; Soft Muscle Strains and Tears; Internal Bleeding; and Long-Term Medical Conditions Physical injuries that are severe in nature could require several invasive procedures and follow up appointments with medical specialists, depending on the severity of the damages. Additionally, it could take months or years for an individual to fully recover. In the case where an accident results in permanent damage, an individual may be forced to reroute their entire life to accommodate an acquired disability, changing their home, work, and even social environments in one fell swoop. However, physical injuries do not have to be life-threatening to qualify for a personal injury claim. Someone who sustained mild to moderate injuries may still require time away from work to heal and attend doctor’s appointments when in recovery. Though not severely physically injured, these accident victims can also experience secondary injuries not physical in nature from experiencing a traumatic accident that negatively affects their overall health. Emotional You have rights in a personal injury lawsuit to pursue a claim for emotional suffering. These types of personal injuries are not taken lightly, as they can have detrimental effects on accident victims, particularly after catastrophic accidents. The onset of emotional trauma can be triggered by losing a loved one, losing a job, losing companionship, or any other traumas that result from an accident. Experienced personal injury lawyers understand the grand implications that an injury can have on individuals and families in the aftermath of an accident. The onset of emotional distress can stem from the overwhelming emotions of a negligent act or witnessing traumatic events during an accident, such as a loved one being injured. Emotional suffering can also be experienced when an injury causes permanent disabilities that change the course of someone’s life. Psychological The mental health of an individual who has been injured is just as important as their physical ailments. Accident victims can experience several additional psychological injuries negatively affecting their health, including: Depression; Anxiety; Post Traumatic Stress Disorder; Insomnia and Fatigue; Anger; Guilt and Shame; and Mental health conditions require additional services and treatment to recover from on top of the medical needs of an injury. These costs are not always covered by insurance and can result in significant out-of-pocket expenses for clients. Two Basic Components Of A Personal Injury Claim Regardless of what type of injury you sustain in an accident, every personal injury claim must be able to prove two main issues: liability and damages. Liability Personal injury claims must show that someone was liable for the injuries a victim sustained. It makes no difference whether the injury was caused by accident, negligence, or if it was intentional in nature, a personal injury lawyer must be able to prove that the defendant in the case was directly liable for the damage. Damages The damages sustained in a personal injury case do not have to be physical. Emotional and psychological damages are equally as harmful and can result in devastating consequences for an accident victim. The essential part of any personal injury claim is being able to prove the nature of the damages sustained and to what extent the damages have negatively affected your life. Once these two issues are covered, a personal injury claim will list all losses an individual has endured that could qualify for compensation. These areas may include: Income; Property Loss; Medical Bills; Pain and Suffering; Loss of Consortium (loss of companionship from injuries); Emotional Distress; and Adaptive Equipment. Accidents That Result In Personal Injuries As experienced attorneys in the area of personal injury law, our team at Siler & Ingber has seen it all. There are countless types of accidents that can result in a personal injury claim. These are some of the most common cases: Car Accidents; Pedestrian Accidents; Slip and Falls; Medical Malpractice; Mass Transportation Accidents; Dog Bites; Product Liability; Construction Injury; and Wrongful Death. Any of these accidents have the possibility of causing multiple types of personal injuries. The wrongful death of a loved one, the loss of a limb, the trauma of a catastrophic accident can all lead to serious conditions requiring long-term care and support. New York City and Long Island Personal Injury Lawyers Our personal injury attorneys at the law firm of Siler & Ingber, have over 20 years of experience serving clients across New York City and Long Island. We protect your rights by maximizing recovery and securing the financial support our clients need to succeed on their road to recovery. Our winning attorneys know how to navigate through the claim process using our past experience as insurance defense attorneys. We are not afraid to fight and