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 BOATING ACCIDENT LAWYER - Personal Injury Lawyer NYC ...

Boating is a popular means of recreation and relaxation for many people in New York City. Unfortunately, negligent or reckless boaters can cause an enjoyable day on the water to turn tragic. The first thing you should do—after seeking necessary medical care – is contact a professional and experienced NYC personal injury attorney.

When you are in need of top-rated legal service, contact our New York City boating accident lawyers. We offer free initial consultations and provide experienced legal guidance. At Rosenberg, Minc, Falkoff & Wolff, there is never a fee or expense unless we win your case.

How Our NYC Boat Accident Attorneys Can Help You

Boating accidents cause severe injuries and sometimes death. You or your loved ones may have significant medical bills and other expenses to deal with. Your injuries may also prevent you from getting back to work anytime soon. To get the best chance of recovering the full measure of damages, it is important to work with an experienced New York City boat crash attorney.

For generations, injured New Yorkers have turned to the law firm of Rosenberg, Minc, Falkoff, & Wolff. Our firm focuses on helping people recover their complete compensation after serious boating accidents.

Although most boat and watercraft operators are considerate of others, some boaters are inexperienced or improperly trained. Our lawyers are equipped to handle a variety of boating and watercraft accidents, including:

Passenger boat accidents
Charter and fishing boat accidents
Water skiing and wakeboard accidents
Speedboat accidents
Cruise ships accidents, including slip-and-fall accidents
Jet Ski / WaveRunner accidents

When developing a boating accident case, we conduct a full investigation of the accident and your injuries to determine who is at fault. We will then gather all the evidence of your medical expenses, lost income, and other damages arising from the accident. We will devote all of our efforts to maximizing your financial compensation for your injuries in either settlement negotiations or at trial.

Common Injuries Sustained During NYC Boat Accidents

Most boating accidents occur at the end of the day when the chances of excessive drinking are increased and weather conditions begin to deteriorate.

Most fatalities are caused by the boat capsizing, or a person falling overboard. When a boat capsizes, it is filled with water and sinks, usually flipping upside down in the process. This can happen as a result of weather, but also occurs because of over occupancy or anchoring the boat at the stern.

The following are common boating accident injuries:

Lacerations
Broken Bones: sprained ankle and knee injuries occur frequently because passengers are often trying to maintain their balance
Hypothermia
Head Injuries

Any injury that you experience on a personal vessel or cruise ship could entitle you to compensation. Speak to an NYC boat accident lawyer to find out more.

Start Your Free & Confidential Case Evaluation Today

Our New York City boat accident lawyers can come to you if you are unable to make it into one of our offices. We also accommodate all major languages. If you or a loved one has suffered serious injuries or death as a result of a boating accident, consult Rosenberg, Minc, Falkoff, and Wolff today. Call us at 212-344-1000 or contact us online to schedule a free, confidential case evaluation.

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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!"