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.

TRENCH ACCIDENTS

Trench accidents are among the most dangerous types of accidents that occur on construction sites. According to the Occupational Safety & Health Administration (OSHA), “Trench collapses cause dozens of fatalities and hundreds of injuries each year.” Unfortunately, the leading causes of trench injuries are due to a lack of an appropriate protective system as well as other factors that are out of the control of workers. Although OSHA requires employers to conduct daily inspections of trenches (by a competent person), this does not happen as often as it should and leads to unfortunate injuries. Construction accidents are a leading cause of workplace injuries in the United States. If you or a family member has been injured as a result of a trench collapse, it is in your best interest to connect with a proven construction accident attorney to discuss your case and your options for seeking compensation. Don’t wait until it is too late. Give our attorneys at Rosenberg, Minc, Falkoff & Wolff a call to schedule your free initial consultation today.

Common Causes of Trench Accidents

Construction workers that excavate trenches are met with a number of dangerous hazards such as being struck by equipment, hazardous chemicals, as well as accidents with vehicles. However, trench cave-ins are by far the leading cause of trench fatalities. Many variables contribute to unsafe trench and excavation sites that lead to construction accidents. Listed below are some of the most common causes of trench accidents in New York City.

Ineffective or lack of protective system
Unstable and/or weakened soil
Heavy equipment falling into the trench or causing a collapse by being too close
Too close to other previously excavated trenches
Inclement weather conditions
Too much weight/stress on the soil close to the trench
Lack of inspection or ineffective inspection
Trenches with too much depth and not enough protective support
Absence of appropriate safety equipment
Failing to appropriately remove and relocate excavated soil
The inability of workers to safely get in and out of the trench

Injuries That Occur as a Result of Trench Accidents

Since the leading cause of trench accidents and fatalities are cave-ins, OSHA typically categorizes them as a “caught in-between” accidents. This is defined as one of the “Fatal Four” accidents that cause the most construction site injuries and deaths each year. However, there are many other types of injuries that can occur as a result of trench accidents such as:

Electrocutions
Falls
Drowning
Suffocation
Inhalation of toxic fumes
Employees being crushed by construction vehicles

Those that have been involved in any of the aforementioned trench accidents may incur serious injuries like broken bones, back injuries, spinal cord injuries, head and brain injuries, eye injuries, wrongful death, etc.

What to do if You Are Injured as a Result of Construction Accidents

If you are injured as a result of a construction accident, it is recommended that you immediately notify a company official. Per New York law, you have a maximum of 30 days to report the injury. Otherwise, you will likely not be eligible for worker’s compensation benefits. Furthermore, seek medical attention as soon as you can. In some cases, the effects of an injury do no surface when the accident occurs due to the adrenaline in your body masking its effect. Thus, it is best to be sure that you have not suffered injuries. Ensure that you collect evidence at the scene (pictures, videos, etc.) as well as identify potential eyewitnesses. Lastly, contact an attorney that is experienced with the complexities of construction accidents.

Working With Rosenberg, Minc, Falkoff & Wolff

Construction workers that are injured as a result of trench accidents in NYC are entitled to seek compensation via worker’s compensation claims. In some cases, the accident may be the fault of a third-party. If it is, construction workers can file a personal injury claim. It is imperative that you connect with an adept attorney before you agree to waive your rights to file a personal injury suit and/or accept worker’s compensation benefits. At Rosenberg, Minc, Falkoff & Wolff, our attorneys have won over $1 billion for injured New Yorkers. Many of those cases involved construction accidents. If you or a family member has been injured while working in or around a trench, give us a call to discuss the details of your case today.

BUILDING COLLAPSES

CONSTRUCTION HOIST ACCIDENTS

CONSTRUCTION SITE FALLS

CRANE ACCIDENT ATTORNEY

DEFECTIVE POWER TOOLS ACCIDENTS

CUTTING BLADE AND SAW ACCIDENTS

DRILL PRESS ACCIDENTS ON SITES

BRICKLAYER ACCIDENTS

ELECTRICAL INJURIES

CONSTRUCTION SITE ELEVATOR ACCIDENTS

EXCAVATION ACCIDENTS AND INJURIES

FALLING OBJECTS INJURIES

FALLS FROM HEIGHT ACCIDENTS

FAULTY SAFETY EQUIPMENT

FIRE AND EXPLOSION ACCIDENTS

CONSTRUCTION MACHINERY INJURIES

FORKLIFT INJURIES

HARD HAT ACCIDENTS

IRONWORKER CONSTRUCTION ACCIDENTS

LADDER ACCIDENT LAWYER

NAIL GUN ACCIDENT ATTORNEY

DEMOLITION ACCIDENT ATTORNEY

PAINTING ACCIDENT ATTORNEY

ROAD CONSTRUCTION ACCIDENTS

ROADWAY CONSTRUCTION ACCIDENTS

ROOFING ACCIDENT ATTORNEY

RUN-OVER/BACK-OVER ACCIDENTS

SCAFFOLD ACCIDENT LAWYER

SITE DEBRIS ACCIDENTS

TRENCH ACCIDENTS

CONSTRUCTION TRIP & FALL ACCIDENTS

UNDOCUMENTED CONSTRUCTION WORKERS

WEATHER-RELATED ACCIDENTS

CONSTRUCTION SITE WELDING ACCIDENTS

WORKERS’ COMPENSATION ATTORNEY

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!"