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.

FIRE AND EXPLOSION ACCIDENTS

Unlike depictions in Hollywood movies, there is nothing glamorous about fires and explosions. In real life, those involved in fires and/or explosions are not quickly whisked away before they are injured or have the ability to skillfully lunge out of the way. According to FEMA, more than 1.3 million fires happen in the U.S. every year. Those fires result in well over 3,000 deaths and nearly 15,000 injuries. Many are due to the negligence of one or more parties. Residents of New York City must be more vigilant than those that live other places due to the city having the most antiquated gas distribution system of all major cities in the U.S. This in addition to the many other hazardous conditions that can lead to fires and explosions puts every employee, customer, and visitor at risk. Injuries that are caused as a result of fire accidents, as well as explosion accidents, are often devastating and have a permanent impact on victims. In the event that you or a loved one has been injured or suffered a wrongful death, you may be entitled to compensation. If you have been injured, do to the negligence of a building owner, construction company, contractor, etc. do not wait until the statute of limitations expires to pursue a personal injury claim. Give the knowledgeable attorneys at Rosenberg, Minc, Falkoff & Wolff a call to discuss the details of your case today.

Causes of Fire Accidents and Explosion Accidents

Fire and explosion accidents can happen to anyone, at any time, and anywhere. In many cases, these accidents are caused by the negligence of building managers, owners, contractors, etc. Listed below are some of the more common causes of fire accidents and explosion accidents.

Gas leaks
Electrical malfunction
Faulty wiring
Chemical leaks
Improper installation and/or design of gasoline tanks
Lack of appropriate labels or warning signs

Fire and explosion accidents can happen at home just as easy as they can occur in public. No matter where they occur, many parties may be liable for the explosion/fire. It is in your best interest to connect with an experienced personal injury attorney to ensure that an appropriate investigation of liability takes place.

Common Injuries Resulting from Fire and Explosion Accidents

It’s a rare day for a fire or explosion to occur in the midst of a group of people and no injuries are sustained. These types of accidents are violent and prone to cause injury. Learn more about the most common types of injuries sustained as a result of fire and explosion accidents below.

Burns: Victims can often suffer chemical and/or fire-related burns. They can range from first degree to fourth degree. Depending on the severity of the burn, surgery and long periods of rehabilitation may be required.
Cuts and Bruises: Explosions can often send debris flying through the air which can cause cuts and bruises.
Broken Bones: The power of an explosion can easily send victims violently towards the walls or floor causing broken bones.
Disfigurement: Many victims of fire and explosion accidents suffer burns that permanently disfigure all or parts of their bodies.
Loss of Limbs: An explosion can easily take limbs off of victims. Furthermore, fire damage can cause damage that is so severe that physicians are forced to amputate.

What to do if You Have Been Injured

If you have suffered a serious injury due to an accident involving fire and/or an explosion, it is imperative that you immediately seek medical attention. This is true even if you are not sure if you are injured. If you have sustained injuries, ensure that you follow your doctor’s orders and keep all of your medical records. Furthermore, collect evidence of the accident scene (if possible) such as pictures, videos, and eyewitnesses. Contact an experienced fire and explosion accident attorney in New York City as soon as you can.

Working With Rosenberg, Minc, Falkoff & Wolff

Due to the nature of fires and explosions, it can be difficult to pinpoint who is at fault. Understanding where liability lies will require experts and extensive investigations. Many factors may be involved and the fault may lie with more than one party. At Rosenberg, Minc, Falkoff & Wolff we retain industry-leading experts and work with them to figure out the reason for the explosion or fire accident. If you have been injured as a result of a fire or explosion, it is in your best interest to work with an attorney that has a clear understanding of property owner negligence law in New York. 95 percent of our clients are compensated for their injuries because we know what we are doing and we fight for every client’s right to maximum compensation. Give us a call to schedule your free initial consultation today.

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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!"