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 SCAFFOLD ACCIDENT LAWYER

New York Scaffold Accidents

Falls are the leading cause of workplace deaths, causing thousands of injuries each year. New York construction workers who are doing their work from scaffolding remain at risk for falls almost continuously. If you are injured in a scaffold accident in New York City, contact Rosenberg, Minc, Falkoff & Wolff, LLP to explore your options for compensation.

Scaffold Law in New York

New York law includes strict provision for the safety of workers operating on scaffolding. According to New York’s Scaffold Law (Labor Law Section 240), it is the responsibility of third parties – contractors, project owners, project managers, etc. – to ensure that all customary protections are in place to prevent workers from falling off of scaffolding.

Established safety measures include the following:

Proper fastening of the scaffolding – bolting, bracing or other techniques – so that it does not sway from the building or structure where work is being done.
The scaffolding must be able to bear four times the maximum weight which will be placed on it.
A safety rail that is at least 34 inches above the “floor” of the scaffolding and which extends along the length of the outside and the ends of the scaffolding.
Any safety lines, harnesses, etc. that are necessary to guarantee worker safety.
Providing appropriate safety training to those who will be working on the scaffold.

If you were involved in a scaffolding accident in which these precautions were not in place, were attended to improperly, or where other factors not named above created an unsafe working environment, you have a right to seek compensation.

What Are the Types of Scaffolding Where Accidents Can Occur?

The specific scaffolding equipment used at a construction site can vary according to the work being done. Each type has its own applications – and risks.

“Baker/Perry” scaffolds involve narrow metal platforms on wheels, with guard rails at mid-level and at the top. They provide more stability than ladders for jobs that require some time to complete and are popular equipment for construction work. Hazards associated with this piece of equipment include the collapse of the scaffold, electric shocks, falls and tipping over.
Hanging scaffolds, also known as suspended scaffolds, are work platforms that are attached to overhead support structures and hang from them by rope or other non-rigid means. There are strict requirements for the use of these structures in New York City, including completing a training course and providing a Certificate of Fitness for the equipment being used. Any workers asked to work on hanging scaffolds must complete safety training and a licensed rigger, foreman or another qualified person must be on site at all times when these scaffolds are being used.
Pipe scaffolding is built by connecting metal pipes with coupling devices. This is a popular and adaptable approach, often rising multiple stories. Throughout the structure, attention must be paid to connections, work platforms, guardrails, weight-bearing load, and other factors.

In addition to these general types, there are a number of proprietary scaffolding systems developed for specific applications.

Scaffolding Planks: The Number One Cause of Accidents

According to the United States Department of Labor, the number one cause of scaffolding injuries is scaffolding planks giving way – primarily due to the fact that not all lumber is appropriate for this use. Strict requirements have been established regarding the grade of lumber to be used, the condition of the wood in the planks, the maximum length of spans, weight-bearing capacity and other matters. failure to follow these guidelines may put any users of the scaffolding planks at risk.

Get Legal Help Now

Scaffold accidents often come with serious injuries that can have long-term effects on your life, your income, and your career. If you have suffered an injury due to scaffolding accident, contact Rosenberg, Minc, Falkoff & Wolff, LLP today. We have the experience, knowledge, and skills to assist you in negotiating with insurance companies to ensure you receive the maximum compensation possible. Schedule a free 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!"