What Should I Do After An Accident?

After an accident, if possible take some cell phone photographs or videos to document the scene. Report the accident, typically to the police. Obtain the badge number or police report number, seek medical help if you are injured to document your injury. Make sure to discuss all of your injuries at your initial consultation even if they are minor, do not omit them. Get the advice of an experienced legal attorney.

How Soon After An Accident Should I Hire An Attorney?

Lawyer up as soon as possible. What you say can, and will, be used against you. An experienced personal injury lawyer will help you understand the legal process and assist you in getting the maximum recovery available in your case.

What Is The Statute Of Limitations For A Personal Injury Claim In New York?

In general, most actions for personal injury must be commenced within 3 years. Damages for any medical or dental malpractice claim are limited to 2.5 years with some exceptions. Wrongful death claims must be started within 2 years of the date of death. Any injury or medical malpractice claim against or involving a municipality such as the city of New York must be initiated by a notice of claim properly filed within 90 days of the injury. There are a discovery rule for foreign objects and certain cancer cases.

How do I know if I have a personal injury case?

If you suffered a personal injury in New York to your person or property due to someone else’s fault, you have a personal injury case. Keep in mind that bringing a personal injury lawsuit does not always have to be due to physical injury. In some cases, personal injury claims can be based on a number of different nonphysical harms and losses. For example, in case of an assault, it is not necessary to show that the action of the party at fault caused you actual physical harm, but only that you expected them to harm you. You may also have a personal injury case if someone has inflicted emotional distress on you, invaded your privacy or attacked your reputation.

How soon after the accident should I file a personal injury lawsuit?

Certain time limits, known as the statute of limitations, exist in every state, and this statute varies from one state to another. This governs the amount of time you have to file a personal injury lawsuit against another person. In some states, there may be limited time which could be little as a year for you to file a lawsuit for compensation based on a car accident. In case you fail to file a lawsuit on time and miss the deadline, you may lose your legal right to file your lawsuit. This is why you should immediately consult a lawyer as soon as you discover or suffer a personal injury in New York after an accident.

Why do I need an attorney for my personal injury case?

Many victims of an accident think that they can file a personal injury lawsuit themselves as their injuries or damage to their property are obvious, or because they want to settle the matter as soon as possible and move on with their lives. However, without an attorney, you might not receive the rightful compensation you deserve for your injuries. You should understand that the goal of an adjuster is to pay you as little as possible for damages. With an attorney by your side, you can make sure that this does not happen and you recover maximum damages as per the law in your state.

Can I file a lawsuit against my employer for an industrial accident?

In some industrial accident cases, the injured worker is entirely at fault, whether it is because of recklessness or carelessness at the job site. However, there are many cases where the accident is caused by some type of negligence on the employer or a co-worker’s part. For example, the employer did not provide proper drilling and training in following workplace safety regulations or failed to inspect and maintain machinery and equipment properly and regularly. In such cases, the injured worker may be able to sue for personal injury. Surviving family members may also be entitled to file a wrongful death lawsuit. Even if the employer is not at fault, an injured worker may be able to file a claim for workers’ compensation benefits, as long as such insurance is carried by the company.

What should I do if I am pressured not to report my injury?

In some cases, employers try to dissuade injured workers from taking action after they have been injured in an accident. Sometimes it is to avoid the consequences of the negative results of reporting lost-time accidents, while in other cases, it could be to keep insurance premiums down. As a worker, you, fortunately, have a right to file a workers’ compensation claim and should not allow retaliation threats to keep you from moving forward.

What constitutes product liability in New York City?

Product liability occurs when a product is defective and hence, dangerous. This can occur due to flaws in the product design, a manufacturing error or a product that is sold without adequate warning about its inherent dangers.

What do I have to present for my defective product liability case to be a success?

There are two ways to provide definitive proof about a faulty product that has to lead to a personal injury. One is the Consumer Expectation Test where the personal injury lawyer proves without a doubt that the plaintiff used the product as it was supposed to be used. Second is the Risk Utility Analysis where the personal injury lawyer demonstrates that a product can perform as expected, but still have certain risks, and these risks outweigh the usefulness of the product.

Can more than one driver be found liable in a bicycle accident lawsuit or claim?

The answer is yes. More than one person can be liable under the comparative negligence doctrine in some states. The percentage of fault of each party is determined by the trier-of-fact. Your percentage of fault will play a role in the reduction of your damages.

What must be shown to prevail in a medical malpractice case?

While there are various types of medical malpractice claims, generally speaking, a claimant must usually show the following: The health care provider owed a duty to the patient The health care provider breached that duty The patient suffered an injury The patient's injury was a proximate cause of the health care provider's breach A physician owes a duty to a patient once a "doctor-patient" relationship has been formed. Such a relationship is usually formed when the physician agrees to care for the patient. Nonetheless, even if it is established that a duty existed and the health care provider breached that duty (e.g. failed to meet the requisite standard of care), a claimant may not recover unless the claimant suffered injuries that were a direct result of the breach. If the breach resulted in no harm to the patient, a claimant generally has no right to recovery.

What is the first step in pursuing a medical malpractice claim?

The first step in pursuing a medical malpractice case is suspecting that one may have been the victim of medical malpractice. While not every bad result is due to medical malpractice, one who develops a "gut feeling" that something was wrong should consult a qualified attorney to review the matter, who often will consult with medical professionals. This process often involves the obtaining and review of medical records and other pertinent information. If it is determined that one has a good case, the next step is usually to give written notice of the claim to the individuals or entities that are believed to have committed the medical malpractice.

I have no idea how much money I should ask for or expect. What kind of expenses are typically included in a settlement?

A typical medical malpractice claim will include compensation for pain and suffering, payment of medical expenses for treating the injury caused by the malpractice and reimbursement for any past, present or future financial losses that you have incurred as a result of the malpractice. However, this varies by state.

Have I waived my rights because I signed a consent form?

This is a question asked by many. A consent form does not give the health care provider a license to commit malpractice. While the execution of a typical consent form indicates acknowledgment of stated risks and complications associated with a given treatment or procedure, it does not relieve the health care provider from his or her duty of meeting the standard of care associated with such treatment or procedure.

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Construction Accidents Injury – If you have been injured in a construction accidents in New York City, you have rights as a victim that you must ensure are upheld. The best way to make sure that you are getting a fair chance at what you deserve, while also focusing on recovering from your construction accident injuries, is to work with an experienced injury lawyers in NYC.
Bicycle Accident Injury – Bicycling is a useful way to get from place to place in the city, and it provides a healthy form of exercise. Of course, when inattentive motorists strike bicyclists, bicyclists often suffer severe injuries. If you were injured anywhere in New York City, our law firm has the experience and resources to help.
Bike Sharing Injury – The popularity of the program does not prevent bicycle accidents from occurring – and accidents give rise to questions about who is responsible for damages. Our New York City personal injury attorneys have the knowledge and legal skills to determine who is liable for a bike share accident and pursue them for maximum recovery.
Boating Accident Injury – Boating accidents cause severe injuries and sometimes death. You or your loved ones may have significant medical bills and other expenses to deal with. Your injuries may also prevent you from getting back to work anytime soon. To get the best chance of recovering the full measure of damages, it is important to work with an experienced New York City personal injury lawyer.
Car Accident Injury – AVehicle accident can cause severe injuries that impact every part of your life. Our personal injury lawyers handle all types of vehicle accidents, including head-on collisions. We won’t rest until we have helped you recover the full measure of your damages. We have a full understanding of New York insurance laws for personal injury claim, including “no-fault” and Personal Injury Protection (PIP).
Intersection Accident Injury – Intersections are some of the most dangerous places on the road, and in New York City, they are notorious for the number of accidents that happen each year. When drivers fail to yield or stop at red lights, stop signs, or uncontrolled intersections, it can often result in accidents with significant injuries.
Limousine Accident Injury – A limousine accident can turn a special occasion into a nightmare. Our law firm will fully investigate all potential causes of your accident and work to recover appropriate damages for your injuries.
Motorcycle Accident Injury – While motorcycles can travel at high speeds, motorcyclists have very few protections against careless drivers. As a result, motorcycle accidents regularly lead to serious injuries.
Pedestrian Accident Injury – Millions of New Yorkers get around by foot on busy city streets. When motorists fail to use due care and strike pedestrians, the results can be serious and even fatal. We will help you get the financial compensation you need for your injuries.
Taxi Accident Injury – If you were injured in an accident involving a licensed “medallion” cab or an unlicensed taxi in New York City, we will work to hold the appropriate parties responsible.
Truck Accident Injury – The owners and operators of semi-trucks and 18-wheelers have a great responsibility to exercise a high degree of care while on the road. When truckers fail to exercise care, the results can be catastrophic.
Premises(Slip and Fall) Liability – If a property owner or property maintenance fails to keep their property up to a reasonable level of safety for visitors and you are ultimately injured in a slip and fall, elevator accident, or injury from defective conditions as a result, you may be eligible to seek financial compensation from in the form of a premises liability lawsuit or settlement.
Serious(Traumatic Brain Injury) Injuries - Accident Injuries can be life-altering events. They can forever change the lives of the victim as well as their families. If a catastrophic injury occurs, it will cause a strain on your health, lost wages, and relationships. From brain injury to wrongful death, a personal injury in NYC can have a major impact on anyone’s life.
Product Liability Injuries - More often than not, products fail to deliver on the promises they make in an advertisement. Malfunction resulting from a mechanical defect is all too common. However, faulty products can cause grave bodily harm, which is why consumers have every right to take the matter to court and claim compensation, which will depend on the severity of your injury and resultant loss of work.

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For four generations, the New York City law firm of Rosenberg, Minc, Falkoff & Wolff has been a top rated leader in Personal Injury and Malpractice claims.

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In the State of New York, there is no cap on the amount of settlement a plaintiff can receive as compensation in a medical malpractice case. When it comes to presenting Medical Malpractice claims, we have the unique depth of experience required to guide you to victory. It’s not easy beating 5 doctors and a leading hospital, but we just did it to the tune of 12 million for our client. We have won hundreds of malpractice cases.

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Additionally, we can arrange for a cash advance to carry you through the difficult period until your case is concluded. If you need worker’s compensation representation we can arrange that also.

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We can start your case by coming to your home or hospital. It is not necessary for you to visit our office if it is not convenient. You will always have an experienced malpractice attorney at your side, at every juncture in your case.

Make no mistake. Malpractice lawsuits are expensive and time-consuming. Our firm has the resources to finance and win your case. We have accumulated the resources necessary to present the best possible case. We have access to medical experts to gather the evidence necessary to understand and present your claim. We will arrange for medical experts, economic experts, and technical experts all at our expense to present your case in the best possible light.

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We are New York City’s leading personal injury team and we aim to maintain that lead. So, whether you have suffered an injury from a construction accident, automobile accident, misdiagnosis, or doctor negligence we are here to help you with your injury claims.

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"I referred Rosenberg, Minc, Falkoff & Wolff to a friend needing help with a birth injury & medical malpractice case. Having worked with founding partner Daniel Minc myself on a car accident case, I was sure they would be able to deliver results. My friend was very happy when they settled for more than was hoped and now they can continue with their lives. They worked with my insurance company and I am very pleased with the way the case worked out. This New York personal injury law firm makes clients feel comfortable and they were attentive, professional and know about the law. Their entire office is amazing and always kept me updated on the status of my case. I recommend Rosenberg, Minc, Falkoff & Wolff for all your legal personal injury needs in Manhattan, Brooklyn, Queens, Staten Island and the Bronx!"