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
What Does A Personal Injury Attorney Do?
If you or a loved one has been seriously injured in an accident, your first step after receiving medical care might be to consult with a lawyer. You may have heard that personal injury lawyers are the ones to call after an accident when negligence was the cause. Most personal injury firms advertise that they will represent your best interests in court and fight for the compensation you deserve- but what exactly does that mean? We Are The Voice Of The Injured Despite what many believe, personal injury lawyers are not your average attorneys. Personal injury lawyers advocate for individuals and families at one of the worst times in their lives. They are a beacon of hope for victims who have been wrongfully injured, and whose lives may be altered forever after an accident. When someone experiences a catastrophic injury, a personal injury lawyer is focused on your rights as well as your well being. They understand the life-long effects serious injuries can have on an individual, and they are not afraid to step outside of the box to seek justice on your behalf. Personal Injury Attorneys Play Different Roles While personal injury attorneys can secure you the compensation you deserve after an accident, this is by far the only job they take on. Committed to advocating and empowering individuals who have been wrongfully injured, personal injury lawyers take on several different functions throughout the legal process: Informing Clients of Their Legal Rights Experienced personal injury lawyers are well versed in civil law and can explain your legal rights in a language that is easy to understand. One accident can have several different claims depending on the circumstances, and personal injury lawyers will pursue each one to determine the total cost of damages in your case. It’s easy to label someone as ‘wrong’ for causing an injury to someone else. But that’s not enough to file a lawsuit. In order to prove negligence, your attorney must be able to show which rights were violated in your case and how. This requires personal injury lawyers to delve deep into every accident to determine how best to inform clients of their rights to justice. Counseling Clients on The Process There are several actions clients take after an accident that can jeopardize the success of their claim, even when obvious negligence is present. Most individuals wouldn’t think twice about talking about their injury, particularly when it comes to posting on social media- that’s another benefit of having a personal injury attorneys. Personal injury lawyers provide critical advice to accident victims on what to do and what not to do after an accident. Steps to take before filing a claim may include keeping records, securing documentation, and following up with doctors. While actions to avoid could include posting details on your social media, contacting the negligent party, or providing any statement without consulting with your lawyer first. Staying On Top Of Deadlines Each personal injury claim has a separate process and statute of limitations that must be followed to file successfully. Personal injury attorneys keep track of all these deadlines to ensure requirements are fulfilled in a timely manner. According to the New York State Unified Court System, a personal injury victim has three years to file a claim. Filing after this time will result in an automatic dismissal no matter how serious the accident. Negotiating With Insurance Companies Clients who are injured in incidents such as a car accident may have to go head-to-head with insurance companies that are not always there to help. Most insurance companies are teaming with experts ready to fight claims or find reasons not to pay out the full benefit a client deserves. Personal injury attorneys are known for standing up to insurance companies to protect clients from the common mistakes that end in denied claims. These attorneys have seen time and again the tricks insurance companies use to reduce maximum rewards and will negotiate terms for their clients to avoid them. Trial Preparation Settlements are common in personal injury cases, but some circumstances do require a case to go to trial. This is when personal injury attorneys set down their litigation responsibilities and put on their trial hats. Some of the most successful personal injury attorneys in the country are also trial attorneys. These professionals, well versed in personal injury law, aggressively pursue cases in court in the best interest of the clients. The best personal injury attorney also prepares their clients for the hardships trial can bring, providing support and guidance throughout the proceedings. Personal Injury Duties That May Surprise You Personal injury lawyers are unlike many other attorneys in the industry. These are not the lawyers you see on television, sitting at their desks and waiting for the phone to ring. These advocates are out in their community, getting involved in local change, and fighting for their clients at every turn. Take a look at some of the more surprising duties personal injury lawyers take on that put them ahead of the rest: Becoming Medically Informed The majority of personal injury cases involve some sort of physical injury. So not only do personal injury lawyers possess an excellent understanding of serious injuries, but they also connect with dozens of medical specialists who can break them down. Personal injury attorneys develop valuable relationships with physicians in the process of sorting through the physical aspects of a case. These physicians help to determine the severity of an injury and the most likely cause. Knowing so many professionals in the medical field is also beneficial for clients who are looking for referrals on their road to recovery. Investigating and Gathering Evidence Personal injury lawyers are similar to detectives when it comes to your case. It takes a significant amount of evidence and facts to prove negligence after an accident, and not all of them are easy to find. Accident scenic that occur in Manhattan, Brooklyn, Bronx, Queens, and on Staten Island are susceptible to the fast-paced NYC traffic.
How to Choose the Best Personal Injury Lawyer in New York
When you are injured in an accident due to negligence, finding the right personal injury attorney to represent you can be complicated. There are hundreds of attorneys scattered across New York City and Long Island more than willing to take your case. But choosing a lawyer that is the best in securing a favorable result can be challenging if you’re not sure where to start. Not all personal injury lawyers are the same. And general lawyers who claim to have experience in personal injury cases may not have extensive knowledge in this area of law. You can make the process of hiring an attorney easier for you and your family by knowing which qualities make an attorney successful, and the red flags to signal that an attorney is not right for you. Hiring the Best New York City Personal Injury Lawyer On any given day, millions of people are rushing around the streets of New York City. When accidents occur, it’s easy to become overwhelmed and distracted, particularly when your accident resulted in a painful injury. Unfortunately, too many New Yorkers have lost the opportunity to pursue a justified claim after they have been wrongfully injured. Missing the statute of limitations, clients choosing to represent themselves, or hiring the wrong attorney for the job have all resulted in denied claims- even when the presence of negligence is noticeable. It’s crucial for accident victims in Manhattan, Brooklyn, Bronx, Queens, and on Staten Island to call an experienced personal injury attorney familiar with the fast-paced workings of the city immediately after an accident. The best NYC attorneys understand the complexity of personal injury claims and are ready to spring into action the moment they take on your case. They understand the challenges of filing claims late and the negative implications they can have on an individual’s final result. Dedicated personal injury attorneys know which information is critical to filing a successful claim and possess the resources required to build a convincing argument, ready to take to trial if needed. Hiring the Best Long Island Personal Injury Lawyers Finding an experienced personal injury lawyer on Long Island can be just as difficult as finding one in New York City. Suffolk and Nassau County combined have one of the highest populations of licensed lawyers in the state. With so many choices, choosing the right attorney can be difficult when you are stressed and injured after an accident. The most important thing to remember when choosing a personal injury attorney is that not all law experience is equal. Clients should be looking for lawyers with valuable experience in personal injury law in both Suffolk and Nassau County court systems. The Suffolk County Bar Association and the Nassau County Bar Association are excellent resources to start your search for credible and licensed attorneys. These associations are regulated by the state bar association and previously vetted for attorneys who may not have your best interests in mind. A sense of community is another excellent quality to look for in a Long Island personal injury attorney. Attorneys who are heavily involved in the communities they work in have a significant advantage over other New York attorneys. Giving back and staying involved allows these attorneys to be strong and competent advocates who are prepared to fight for your rights to fair compensation after an accident. Why You Need To Hire An Experienced Personal Injury Attorney Regardless of whether you are injured in New York City or on Long Island, hiring an attorney whose sole concentration is in the area of personal injury law is key. New York lawyers who handle various types of law may know enough to file a personal injury claim, but are unable to secure full compensation or successfully take the case to trial. Other firms to watch for are known as ‘settlement mills’. These firms gain a reputation of only taking on cases they can settle quickly for less money, and robbing the client of the full reward they deserve. An experienced personal injury attorney has the knowledge and resources to file a claim successfully and fight for the maximum benefits available to support their client’s recovery. These professionals understand the importance of details and will ensure all documentation is filed correctly and on-time to avoid any negative consequences that could affect the success of a claim. Other factors that should be considered before hiring a personal injury attorney include: Past results: Looking at the past results of a personal injury firm will clue you into how successful they are with civil actions and which counties they are most familiar with. Experience: Knowing which types of cases a lawyer excels in and has the most knowledge of can significantly help you choose the best lawyer for your case. Free Consultation: Attorneys who want to charge you for the first initial consultation may be more interested in the money than your accident. Free consultations are standard for most experienced personal injury attorneys and essential for assessing the strength of a claim. Community Involvement: Personal injury firms who are not involved in the communities they work in will not be as successful as the ones who are. Participating in the growth of a community gives attorneys the knowledge they need to understand their clients and the global implications these injuries can have on their lives. Contingency Fees: Most personal injury attorneys work on a contingency basis, not requiring their clients to pay unless they win. Personal injury attorneys who work hourly can cause financial stress for their clients and may not be motivated to finish strong. Finding a personal injury attorney who meets all these requirements is not sufficient enough to secure a positive result. The best attorneys must be skilled in all areas of filing personal injury claims and able to overcome the challenges that often get in the way of winning these types of cases during litigation and trial. Successful Personal Injury Claims Are Filed On-Time Every personal injury claim is unique with the
How A Personal Injury Attorney Gets Paid
It’s not uncommon for people to avoid contacting lawyers out of financial fear. The thought of paying substantial up-front costs or high hourly fees is terrifying, mainly when there is no guarantee of a positive result. Fortunately for clients who are seeking representation from a personal injury attorney, you don’t have to break the bank to get quality legal services. Most personal injury lawyers secure their earnings through contingency fees, where clients only pay when their case is won. This arrangement allows clients the ability to afford the quality legal representation they deserve while providing a safety net for individuals if their claim is unsuccessful. What Is A Contingency Fee? Contingency fees are the costs your lawyer deducts for their services upon the successful conclusion of a case. When clients enter a contingency fee arrangement with an attorney, a fixed percentage will be deducted from the judgment or settlement a client’s compensation at the end of a case. After the attorney’s percentage of the winning is subtracted, the client walks away with the remainder of the reward, without the worry of having to pay additional fees. Contingency fees must meet several qualifications to be valid: • They must be in writing; • The client must agree to them; • They must state the method of how the fee is determined; • They must clarify whether the expenses are deducted before or after the fee is calculated; and • They must explain which expenses the clients are responsible for. Attorneys who enter into contingency agreements with clients are often referred to as “no win, no pay” lawyers. There are no upfront costs, hourly rates, or retainer fees that are common with most other lawyers in the industry. Types of Cases Where Contingency Fees Apply It’s important to remember that not every attorney works on a contingent basis. Attorneys who work for contingency fees are taking a gamble in representing clients without the guarantee of payment. These attorneys must work exceptionally hard to seek favorable results, with little room for errors or lack of dedication. Some of the most common types of cases where attorneys may charge a contingent fee include: • Personal Injury; • Product Liability; • Medical Malpractice; • Vehicle Accidents; • Property Damage; and • Class Action Lawsuits Not all attorneys are up to this level of commitment in the personal injury field. If you are looking into a personal injury firm that does not offer contingent services, ask why and research the background of the firm before they start investigating your case. When Contingency Agreements Are Not Allowed Certain areas of the law prohibit the act of charging contingent fees, threatening the penalty of disbarment. These types of cases include: • Criminal Cases; • Immigration Cases; • Trusts or Legal Documents; • Domestic Relations (divorce or child support); and • Bankruptcy. If lawyers in these fields are offering contingent services, clients should be looking elsewhere for representation. How Much Is A Contingency Fee? The percentage deducted for contingency fees depends on the state your case is located in and the type of case. In New York, the ordinary percentage for a contingent fee is 33 percent, about a third of the monetary reward received. Before any work begins, you and your attorney will review the predicted duration, complexity, and resources needed for your case to agree on a fixed percentage. The stage in which your case is brought to a conclusion can also affect the payment percentages for your lawyer. If an attorney settles your claim before a lawsuit is filed, it is unlikely they will secure more than 33 percent of the reward. What Else Can Lawyers Charge For? When you hire a lawyer to represent your best interests, there is an abundance of investigative and administrative work going on behind the scenes to litigate or try a case successfully. It’s common for personal injury attorneys to bear the brunt of costs and expenses during the legal process to maintain a healthy momentum in the case. These expenses are then deducted in addition to the contingency fee from the secured settlement or judgment if the case is won. Examples of costs and expenses that could be deducted include medical records, postage, expert witnesses, police reports, filing fees, and outside investigators. These costs can put the percentage of a lawyer’s fee up to around 45 to 60 percent, but the benefits of keeping the case moving strong and efficiently is worth the cost. When it comes to additional costs and expenses, discuss these details with your attorney before entering an agreement to ensure there are no surprises at the end of the case. The Benefits of Contingency Fees In most personal injury cases, the clients are seeking monetary compensation because they cannot afford to pay for the injuries a negligent party has caused. Contingency fees are a saving grace for financially insecure individuals. This agreement allows clients the opportunity to seek justice without having to go broke and to secure experienced legal representation instead of settling for what they can afford. NYC and Long Island Personal Injury Attorneys The attorneys of Siler & Ingber are committed to working with our clients to help them get the compensation they deserve. With a 98% success rate, we have the experience and the know-how to help our clients achieve a favorable outcome. If you have been hurt in an accident, we are here to help. Contact us today at 1-877-529-4343, or schedule an appointment online anytime. We never charge a fee unless we recover money for you.
Ice Slip and Fall
Last week’s winter storm impacted parts of the metropolitan area. With it came below freezing temperatures, treacherous conditions, and an increase in slip-and-fall injuries. Falls are the highest cause of injury across the United States. In fact, 2.3 million emergency room visits are related to slip-and-fall accidents every year, with an estimated 662,000 of those cases resulting in hospitalizations. New York City alone saw 24 fatalities from slip-and-fall accidents between 2005-2015. Serious medical conditions that are caused by slip-and-fall injuries include: Traumatic brain injuries Spinal cord damage Trauma to neck and back Broken bones and fractures Muscle, joint, and soft tissue damage Lacerations and deep bruising With more than 12,750 miles of sidewalks in the city and hundreds of thousands of building fronts to walk in and out of, you may be wondering how it’s possible to avoid a slip-and-fall injury this winter. The good news is the responsibility of your safety is not solely on you. BUSINESSES AND PROPERTY OWNERS HAVE A DUTY TO CLEAR All business and property owners in NYC have a duty to keep their sidewalks, parking lots, and roofs clear to allow pedestrians to walk safely. It’s their responsibility to know what the expectations are for the safety of their property and to take the measures needed to remove snow and ice. Winter clearance regulations for NYC include clearing ice and snow: that falls between 7:00 am – 4:59 pm within four hours of when the snow stops that falls between 5:00 pm – 8:59 pm within 14 hours of when the snow stops that falls between 9:00 pm – 6:59 am by 11:00 am the next day Businesses and property owners are also responsible for providing appropriate weather mats and clean up methods for melted snow upon entering doorways to prevent slip-and-fall accidents on flooring. ALWAYS BE PREPARED FOR SLIPPERY Even with strict city regulations for snow clearance, you never want to take the chance that someone didn’t do their job. When commuting by foot in the wintertime, always prepare for slippery conditions both inside and out: Wear high traction shoes to combat icy patches and slippery snow Focus on the path you’re walking at all times Try to keep your hands free to brace yourself if you slip Use handrails when going down stairs Avoid using your cell phone while walking to limit distractions. WHAT TO DO WHEN YOU SLIP AND FALL If you do slip and fall, don’t panic. Follow these steps to make sure you’re covered if you need to file a personal injury claim: 1. Seek medical attention for any injuries sustained in the fall. 2. Report the accident to the store owner, manager, or landlord immediately. 3. Document all information about the accident, recording all necessary information about the injury, conditions of the fall, and take pictures if you’re able. 4. Refrain from making too many statements to the store owner, manager, or landlord that can be used against you later. 5. Call an attorney to discuss your options. If you or a loved one sustained a slip-and-fall injury this winter due to the negligence of another, you might be entitled to compensation. Contact the winning team at Siler & Ingber for your free consultation. Fill out the online form below or call today at 1-877-LAW-4343.
Avoiding Winter Slip and Falls in New York
With our region’s first significant snowfall of the season come and gone, it’s time to start preparing for slippery sidewalks. As the weather gets colder, pedestrians will be faced with winter walking hazards capable of causing serious accidents and injuries. In New York City and it’s boroughs of Queens, Brooklyn, and the Bronx, there are laws to protect pedestrians who become victims of slip and fall injuries, holding premise owners who neglect to maintain a safe walking surface responsible for damages sustained on their property. Watch Out For Winter Slip and Falls! Slip and fall accidents can happen at any time, all year round. The Center for Disease Control and Prevention (CDC) reports an average of 2.3 million people visit the emergency room every year for fall-related injuries, with at least 662,000 resulting in hospitalizations. Winter, however, poses its own hazards that highly increase the likelihood of slip and fall accidents: ice and snow. Temperatures in New York are far from consistent during the winter season. With snow and ice melting and freezing over and over, the streets of NYC become battlegrounds for pedestrians just trying to stay on their feet. Black ice and packed down snow can be extremely dangerous for walkers, setting them up to sustain serious injuries such as: traumatic brain injuries spinal cord damage trauma to neck and back broken bones muscle, joint, and damages to soft tissues lacerations and deep bruising While some slip and fall victims only sustain damage to their pride, others sustain injuries that can be life-threatening and causing permanent neurological and/or physical disabilities. Pedestrians can take various precautions to prevent slip and fall accidents while walking but they can do little to protect themselves if forced to walk on surfaces caked with dangerous snow and ice. Premise Owner’s Duty NYC property and business owners have a duty to provide clear and safe walking areas both in and outside of their buildings. These areas include sidewalks, parking lots, roofs, stairs, ramps, and any other areas where pedestrians are permitted to walk on or under on their property. Winter clearance regulations for NYC include clearing ice and snow from these areas during the following time frames: snow that falls between 7:00 am – 4:59 pm within four hours of when snow stops snow that falls between 5:00 pm – 8:59 pm within 14 hours of when snow stops snow that falls between 9:00 pm – 6:59 am by 11:00 am the next day To prevent slip and fall accidents caused by melted ice and snow tracked into buildings, business and property owners must provide appropriate weather mats and clean up methods to contain the mess to prevent slip and fall accidents from occurring. Preparing For Slippery Streets Pedestrians should not rely on the law alone when it comes to protection against slip and fall accidents. Aside from negligent property owners who do not clear their properties adequately, weather patterns and temperatures can change quickly throughout a winter day. It’s important to prepare for the possibility of slippery conditions whenever out walking in the city, consider winter walking safety tips to stay safe: Wear high traction shoes to combat icy patches and slippery snow Walk on well-lit paths Stay alert to where you are walking and what’s in front of you Step down off of curbs instead of out to prevent your feet from sliding Keep your hands free to brace yourself if you fall Use handrails when going up and down stairs Avoid distractions such as cell phones that take your eyes off the sidewalk Know Your Rights In New York City, slip and fall injuries happen every day. It can sometimes be tough to prove a property owner is liable when it comes to injuries caused by a slip and fall accident, particularly when snow and ice conditions can vary greatly within a short period of time. If your injury was a result of one of the following instances, you may be eligible for compensation due to negligence: Sidewalks that were cleared improperly and/or not cleared from snow and ice Properties with long-standing slippery conditions Icy conditions resulting from a water leak Uneven walking areas that allow water to pool and freeze Victims of slip and fall accidents on properties have rights. If you or a loved one has sustained a serious injury due to a slip and fall accident, the law firm of Siler & Ingber is here to support you. Contact us today at 1-877-529-4343 for a free legal consultation to review your case and options.
Long Island Personal Injury Settlement Calculator
Have you heard or tried to use a personal injury settlement calculator? This type of device is supposed to tell you how much you may get if you obtain a settlement from a negligence claim. But, can it be accurate? Can it really tell you what to expect if you were to file a claim against someone? For those in Long Island, a personal injury settlement calculator simply is not the right route to take. A better solution is to contact an attorney who can help you to determine what is likely in your case. For those who are at this point, and wondering if they could file a claim or get a larger settlement, our team at Siler & Ingber, LLP are the best professionals to work with and speak to instead of a basic tool. Why Aren’t Personal Injury Settlement Calculators Accurate? Think about your personal injury case. Perhaps someone’s dog bit you, or you were in a car accident. These accidents are very different, of course, but they vary between each other as well. For example, the type of damage you have from a dog bite is different from what someone else will experience. You may have a flesh wound while someone else has had damage to a bone or ligament. The same is true for car accidents. Everyone is different. For this reason, there is no way that a personal injury settlement calculator can offer even a basic estimate of what you can expect if you file a claim. But, there are solutions to give you insight, such as a free case review from our Long Island personal injury team. What Factors Impact the Value of a Personal Injury Settlement? Insurance companies want to know what loss you suffered. However, many factors contribute to how much of a claim you will end up getting. It can be very hard to estimate this even by trained professionals. Some key factors to keep in mind include the following. Hard Injuries Hard injuries are some of the most common and serious injuries resulting from an incident. These are easy to diagnose through an x-ray or through the other diagnostic tests you get through your treatment. Or, some hard injuries cause serious health risk. Hard injuries are things like concussions, head injuries, and bone fractures. They can include things like spinal column and nerve damage as well. By contrast, soft injuries can reduce the amount of your claim. These are things like bruising or muscle strain. They may also include pain-related injuries where the actual loss is hard to pinpoint. Treatment-based Medical Bills Sometimes, one of the best ways to see the value of a claim is to look at medical bills. It is clear that you’ve suffered financial loss if you have medical bills to back up your losses. This can also be used to show the importance of the length of your recovery. Medical bills document that you have been receiving treatment for an extended amount of time. Permanent Damage If you have permanent damage, you can expect that your losses will be higher and your claim higher. This can be demonstrated, for example, through loss of abilities or weakness. If this damage is likely to be permanent, it is likely to require a higher level of compensation. Other situations can limit your claim. For example, if you have not needed prescription medications for your injury, that can indicate a reduced level of compensation. If you do not have a lot of medical debt resulting from the incident, or you did not receive much medical treatment after the incident, this, too, reduces how much of a payout the insurer will give you. Other Factors Play a Role, Too The amount of your personal injury claim will be impacted by other factors as well, such as whether or not you have any fault in the incident. In other cases, you may be impacted by the trustworthiness of yourself or the other party. Because of all of these factors, a personal injury settlement calculator is not going to be an ideal tool to use. It simply cannot provide you with enough information to make it worthwhile. But, other solutions exist. Schedule a Free Consultation with a Long Island Personal Injury Team to Learn More Siler & Ingber, LLP provides a free case review for our clients. This is a far better way to learn what you can expect if you pursue a personal injury claim. While there is no way to know for sure what you will obtain, our 20 years of experience and aggressive litigation methods allow our team to provide you with fairly accurate information. We encourage you to call our team for a free case review. Our Long Island team is available at 877-718-6079, or you can fill out our online form for more information.
Bizarre Claims and Personal Injury Myths
Working in the field of personal injury law, we’ve seen our fair share of bizarre claims. But some cases, in particular, hit the mark for being strange and unlucky! If you’re debating on contacting a personal injury lawyer after sustaining an unfortunate injury, these cases might help you decide if your accident is worth a claim: A client received $4,000 for a convertible mishap involving a cement truck. When driving with the top down a cement truck passed him, spurting cement into his hair- yikes! An overly aggressive goose attacked a woman and her son while they were playing at a park. The woman suffered a tailbone fracture after falling when fighting off the goose. She filed a suit against the park as a result of the injury for not posting warning signs about aggressive birds. When going to her hair stylist for a chemical straightening treatment, a teacher filed a claim against the salon after large chunks of her hair began to fall out! The client was so traumatized and depressed she could no longer work. Luckily, she won $6,000 from her case to help with the lack of income resulting from the incident. Back in 1991, a client filed a suit for $10,000 against Budweiser. The claim stated that after drinking Budweiser, the client suffered psychological trauma accompanied by emotional distress. A minor who visited the dentist for an appointment walked away missing four of the wrong teeth! Somehow the client’s chart was mixed up with another patient’s with the same name, resulting in the wrong procedure for the patient and a lawsuit for the dentist of $8,000. These accidents are perfect examples to show there really are no typical personal injury claims. Every case is different, and we try to help each client the best we can to get the results they deserve. Unfortunately, our industry does not always receive a positive reputation. There are many myths that can confuse individuals who are interested in filing a claim, encouraging them to file for the wrong reasons or deterring them from filling altogether: Filing a claim for a personal injury is too hard– The majority of claims are actually handled quite quickly. With well-prepared documents and effective communication, it’s pretty common to handle your claim promptly. Personal injury claims are foolish– Not if it means fighting for your health and well being after an unnecessary accident caused by another! Hiring a lawyer is always a bad idea– People who tell you this most likely have had a bad experience or know a person of a person who has. A lawyer can be the best defense in resolving an issue you would have painfully dealt with otherwise. Compensation is guaranteed when you file a claim– A big disappointment for a lot clients, but compensation is never guaranteed. Sometimes there is not enough evidence or information to prove there was any wrongdoing by the plaintiff. You will spend too much time in court- The majority of cases are resolved in a settlement before talk of a trial. Some clients who have won their claim never saw the inside of a courtroom. We understand the process of filing a personal injury claim can be overwhelming and confusing, but Siler and Ingber, LLP is here to help! Our team of experienced Long Island attorneys are experts in the personal injury laws that were made to protect you after an injury. Give us a call today at 1-877-718-6079 for a free consultation or contact us online through the form.