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 TRAIN ACCIDENT LAWYER - Personal Injury Lawyer NYC

Let an Experienced New York City Train Accident Attorney Explain Your Options

We are the New York City personal injury law firm of Rosenberg, Minc, Falkoff & Wolff. Our law firm has forged a strong tradition of serving people who have been injured by the negligence of others. We have helped 30,000+ New Yorkers receive compensation after their injury.

RMFW Law is all about making the legal process as simple as possible for our clients. That’s why WE DON’T CHARGE ANY FEES UNLESS WE WIN YOUR CASE. With our experienced legal team on your side, you have nothing to lose.

How Public Transportation in NYC Operates

Every day, hundreds of thousands of commuters in New York, New Jersey, and Connecticut rely on commuter trains and other forms of rapid transit to get to work. These trains are the heartbeat of the city. Without them, the residents of the city and the surrounding areas would not be able to move from location to location for their daily responsibilities.

While most of these trips are uneventful, passengers will occasionally suffer severe injuries while riding on the train. These accidents can have any number of causes. For example, the sliding doors can fail to work properly. Passengers may slip and fall on the train platform or while on the moving train. In rare, but highly publicized cases, trains can derail or collide with other trains. In any of these situations, our experienced New York City train accident attorneys can be instrumental in helping you recover financial compensation for the expenses that arise out of your injury.

We are able to help people who have been injured on any commuter train line in the tri-state area, including:

Long Island Rail Road
Metro-North Railroad
Staten Island Railway
New Jersey Transit Rail

Each of these entities maintains a duty to passengers. When these entities, such as the Metropolitan Transit Authority (MTA), the Port Authority or the New Jersey Transit, fail to protect passengers from harm, we fight to hold them accountable.

Our team undertakes a complete investigation of your accident and compiles all evidence of your medical expenses, lost income, and other damages. Our tenacious efforts frequently result in positive outcomes for our clients. Take a look at our results.

When Should I Contact An Attorney?

After an accident, the earlier you speak to a lawyer, the more your lawyer will be able to do regarding your case. In cases involving the MTA, it is necessary to provide a Notice of Claim no less than 90 days after the accident. We know this and are able to follow the timeline and other regulations of the MTA to ensure that your case moves forward in a timely manner.

Give our law firm a call at (212) 210-1637. or contact us online to set up your free, confidential consultation about your train accident. We have five locations in New York: Astoria, New York City, Queens, and two offices in Brooklyn. After your accident, if you are unable to come to our office we can schedule a time to meet with you in the comfort of your own home or at the hospital.

Causes of Other Accidents Involving Buses

School buses are not the only heavy-duty passenger vehicles on the road. Passenger buses, including charter buses, long-haul bus fleets, tour buses and buses transporting entertainers are also on the road.

In addition to the situations described, these vehicles can end up in accidents due to overworked or over-tired drivers who have skimped on sleep in an effort to stay on schedule. There is also a greater likelihood that vehicles such as these, which spend longer periods of time on highways and freeways, will achieve unsafe rates of speed.

The size and weight of these vehicles are such that drivers must pay the utmost attention to the rules of the road, safe practices during passing, following at an appropriate distance, etc. Once brakes are applied, a bus will travel a distance equivalent to several football fields before it comes to a stop.

Any behavior by a driver that does not take these factors into account, or any failure by a bus owner to ensure that the vehicle can be operated safely, including in emergency situations, can be characterized as negligence.

Contact RMFW for Help with a Bus Accident Case

Our record speaks for itself. With over $1 billion recovered for the injured and a 95 percent success rate, you can be confident that everything possible will be done to help you achieve justice and full compensation. If you were injured in a bus accident, Rosenberg, Minc, Falkoff & Wolff, LLP can help. Call today, there are no fees unless we win – and there is no risk to you.

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!"