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.

NEW YORK CITY CONSTRUCTION SITE FALLS LAWYER

Falls on New York City Construction Sites

Falls are a leading killer on construction sites. Even from lower heights, falls can cause serious or fatal injuries. According to the Bureau of Labor Statistics (BLS), falls were a leading cause of fatal occupational injuries in the U.S. in 2016.

If you have been injured or lost a loved one in a fall on a construction site, contact the personal injury attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP to pursue full and fair compensation. Serious injuries resulting from falls can lead to long-term disability and significantly impact your future. Our success rate of more than 95 percent is a testament to our dedication and skill in handling serious personal injury matters.

How Do Falls Occur on New York City Construction Sites?

Falls on construction sites in New York City can occur for many reasons. According to the Occupational Safety and Health Administration (OSHA), major types of fall hazards in construction include:

Unprotected edges of elevated work surfaces, including scaffolds, roofs, and ladders: Most construction sites have unprotected sides and edges, floor holes, or wall openings at some point during construction, which can lead to falls.
Improper construction of scaffolds: Scaffolds can become hazardous without safe access and fall protection. Guardrails or personal fall arrest systems are required to prevent falls on scaffold platforms 10 feet or higher. Falls from scaffolds may cause serious injuries or result in death.
Unsafe portable ladders: According to BLS data, falls from ladders cause 100 fatalities every year. Portable ladders must be safely positioned every time they are used. A ladder may move or slip from its supports while in use, causing a worker to lose his or her balance and fall.

Slip or Trip and Fall Accidents in Construction

Poor housekeeping on construction sites can lead to a serious trip or slip and fall accident. Falls can result when passageways are in poor repair, are not large enough to allow safe clearance, or are littered with debris and obstructions. Slippery surfaces can cause slip and falls. Indoor and outdoor surfaces must be kept clean and dry and treated with salt, sand, or anti-skid adhesives to prevent accidents. Non-slip floor mats that lay flat and have beveled edges should be used indoors to prevent slip, trips, and falls.

Injury Claims in New York after Construction Site Falls

Under state law, workers injured in construction site falls may bring lawsuits against responsible parties, which may include general contractors, owners, and other parties. New York Labor Law, §240 provides that contractors, owners, and their agents must ensure that scaffolding, hoists, ladders and other devices are constructed, placed, and operated so as to provide proper protection for workers. When they fail, and it causes a fall, contractors, owners, and their agents may be held accountable for resulting injuries.

Workers’ Compensation May Not Be Enough

Typically, companies have workers’ compensation insurance to cover any accidents that occur in the workplace. However, most coverage has a limit to the amount of compensation – and in cases of serious accidents resulting in severe injury and damages, workers’ comp may not be enough. Additionally, accepting a workers’ compensation settlement may typically relinquish your rights to pursue the company for further damages via a lawsuit. This is why an experienced, skilled personal injury lawyer is highly recommended to provide you counsel on the best course of action.

New York City Personal Injury Lawyers Protecting Fall Accident Victims

At Rosenberg, Minc, Falkoff & Wolff, LLP in New York City, we are committed to recovering the maximum compensation possible for our clients. We can help you explore your options for compensation from a fall or construction accident, and ensure you receive the best care based on your unique circumstances. We have a long and successful history, recovering more than $700 million in settlements and verdicts. Contact us today for a free consultation.

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Gary Yassen

"This New York City 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 highly recommend Rosenberg, Minc, Falkoff & Wolff for all your legal personal injury needs in Manhattan, Brooklyn, Queens, Staten Island and the Bronx!"