Which Laws Govern Personal Injury Cases in New York?
New York witnesses several thousand personal injury lawsuits every year. But what is a personal injury? Simply put, it is an accident that causes physical or emotional harm to someone. It includes all types of injuries, except property damage. Essentially, whether you’re in a car accident, slip, and fall, or an accident on a worksite, it falls under the gamut of personal injury if the accident has caused you any kind of harm. From soft-tissue damage and bone fractures to catastrophic brain and spinal damage, a personal injury could qualify you to seek financial compensation from the party responsible for causing your accident. Common personal injuries in New York While an accident can occur anywhere and cause injuries to the victim, there are some scenarios where personal injuries are more prevalent. Here are some of the most common causes of personal injuries in the state: Motor vehicle accidents – Accidents involving motor vehicles, especially cars, are the most common cause of personal injuries in New York. If you’re in a car accident, a personal injury attorney can help you know and understand the laws that govern cases related to car accidents. Workplace injuries – Accidents at the workplace, primarily at construction sites also make for a large number of personal injuries. If you’ve been in an accident at the workplace, most employers offer workers compensation. However, a top personal injury attorney will get you a settlement to cover all your long- and short-term expenses. Accident at someone’s property –If you sustain injuries at someone’s property due to their negligence, a personal injury attorney can help you file a liability accident lawsuit to get you duly and justly compensated. Injuries caused by using a product–If you’re injured while using a product, as prescribed, you can file a product liability lawsuit with the help of an injury lawyer in New York. While all of the above fall under the purview of personal injury, the laws governing and the lawsuit filed may vary as per the specific reason for the accident. Here at Siler & Ingber, we have the best personal injury attorneys, who will help you, navigate through these legal complexities with ease and represent your case in the best faith. Personal injury laws in New York As mentioned, the laws vary as per the nature of the accident which caused the injuries. However, in New York, most personal injury claims are largely governed under the “Tort Law”. By definition, Tort Law states that people are liable for the consequences of their actions, whether intentional or accidental if they cause harm to another person or entity. Hence, in the context of personal injury, most laws are administered primarily by Tort Law. If you or someone you know has been suffered a personal and you need a winning law firm, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced personal injury attorneys. Our consultation is free and we do not charge a fee unless we win your case.
Three Things Your Attorney Needs to Know
So, there’s been an accident and you’re now looking for a personal injury lawyer who can help you get a fair legal representation to overcome the physical and mental trauma caused to you or a loved one. Be it is a case of a slip and fall, an accident at work, a car crash, or injury due to someone’s negligence, you’d want the best personal injury lawyer in New York to represent you. Once a lawyer is hired, you think it’s time to sit back and relax and wait for your personal injury attorney, whether inManhattan or Long Island, to take charge and get you the fair compensation you’re owed. But here’s what you need to remember – as a client, you also have a very important role to play in ensuring that the personal injury lawyer has all the relevant information about the case handy. When you hire a personal injury attorney, these are the three things they should know about before they take up your case and file your claim. Previous claims: It is imperative that you’re transparent with your personal injury attorney. At the time of meeting them, make sure that you share all your prior claims, insurances especially claimed in the event of a personal injury. Do share all records of the last ten years, that is, insurance claims, medical claims, etc. as these are also readily available with the insurers and lawyers. By making this information available to your attorney, you’re helping them make the best decision in your interest. Prior legal issues: In case of any past event where you’ve been in trouble legally, it is pertinent that your personal injury lawyer is privy to the information. This is especially important when you were at the receiving end of a lawsuit or a liability as a negligent party who caused personal injury to someone. Moreover, do let your attorney know if you’ve filed claims or sued anyone before so that they’re aware of your previous legal battles. Previous injuries: Any old injuries which may be relevant to your current claim should be brought to the notice of your personal injury attorney. For example, if you had a slip and fall and injured a knee that was previously injured due to another accident, do let your lawyer know so that they can figure out the best way forward. Moreover, medical records are easily available for insurers and defence lawyers to peruse, so be proactive with all the information and give it to your lawyer as soon as possible. Please remember, finding a personal injury lawyer is not enough, if you want the attorney to put their best foot forward, please share all critical information with them so that they can get you the settlement you deserve. By keeping information to yourself, you’ll bear the brunt of a lost settlement as well as lose your credibility as a good client. If you or someone you know has been injured and needs a winning law firm, contact us today. Reach out to Siler & Ingber by either calling us on 1-877-529-4343 or completing our online form on this page to schedule a free consultation and case evaluation with one of our experienced personal injury attorneys.
Disabled Due to Someone’s Negligence? – Hire a Personal Injury Attorney
Despite our best efforts to be careful, accidents can occur anywhere and anytime. Unfortunately, it often is a result of someone else’s negligence. While a small injury here and there can be easily addressed, it can be quite challenging if it leads to a severe injury or a permanent disability. A personal injury claim led by a top personal injury lawyer is the way to go if you or someone you know ends up with a disability due to someone’s negligence. But what do we mean by a disability? As per C.D.C a disability is any condition of the body or mind (impairment) that makes it more difficult for the person with the condition to do certain activities (activity limitation) and interact with the world around them (participation restrictions). Disability can lead to: Impairment in a person’s body structure or function, or mental functioning; examples of impairments include loss of a limb, loss of vision or memory loss. Activity limitation, such as difficulty seeing, hearing, walking, or problem solving. Participation restrictions in normal daily activities, such as working, engaging in social and recreational activities, and obtaining health care and preventive services. Disabilities can be a result of related conditions at birth, due to an illness or due to an injury. If your disability is the result of an injury caused due to an accident, learn about the personal injury law or talk to a top personal injury lawyer. Possible causes of disabilities due to an accident Auto Accident – The most common cause of disability due to an accident is the result of an auto accident. This could be as a result of: While you’re driving and meet with an accident with another car, truck, bus etc. You’re a pedestrian and hit by a car, bus, truck, or another vehicle You’re riding a bicycle or motorcycle and another vehicle hits you You’re in an Uber and get in an accident due to driver’s or another driver’s negligence Construction site accident – Another cause of ending up with a disability could be if you get in an accident as a worker on a construction site. This could be due to a fall or a faulty machine etc. Slip and fall – Accidents and resultant disabilities could also occur due to a slip and fall, say on a fall on a wet floor or falling of a stair case due to a missing ladder etc. In addition to the above, falls and accidents could occur even most unexpectedly and lead to disabilities. A well known top personal injury lawyer can help you figure out if your accident qualifies for a claim and compensation or not. What happens if you’re disabled in an accident? First and foremost, if you’re injured in an accident due to someone else’s fault, you’re eligible for a compensation. Often, the insurance company of the at-fault party will offer you a settlement, but remember to evaluate and see if that is enough and justified. It is best to hire a personal injury lawyer to help you figure out your claim. What will a personal injury lawyer do? Help you with documentation required – So that you get the best claim and settlement, a personal injury law firm will help you compile all relevant paperwork and evidence, such as medical bills, transportation cost bills etc. Identify the violation(s) – It is important that you file the claim under the right law. It can get quite confusing and frustrating for someone who is overcoming a traumatic accident to figure it out. Hire a top personal injury lawyer to do it for you. Ensure a justified settlement – An injury which leads to a disability does not only mean hefty medical expenses but also the mental trauma, possible loss to income and man other intangible aspects. A personal injury law firm will prepare a settlement bearing all of this in mind. If you or someone you know has met with an accident which has led to a disability, get our best and top-ranking personal injury lawyers 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 lawyer.
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