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 HOT WATER BURN INJURY LAWYER

Thermal burns caused by hot water or steam are known as scalding burns. Scalds can be extremely painful, slow to heal, cause permanent disfigurement and can happen more quickly and easily than you might expect.

If you or a loved one suffered a serious scalding burn from contact with hot water or steam, the NYC personal injury attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP can help you pursue the compensation you deserve. We have operated in New York City since 1922, and we have experience with such cases.

How Do Hot Water Burn Injuries Occur in New York?

Scalding injuries are caused by hot liquid, including hot beverages and food. The risk of an accident can be created by various forms of careless or negligent behavior.

Plumbing – A landlord can fail to pay sufficient attention to the hot water system in a building, in particular, the mandated limits to hot water heat. Certain irregularities in plumbing systems, if not corrected can suddenly change the hot water/cold water mix, resulting in an unexpected rush of scalding water. This can occur in a bathtub or shower, or at a sink.
Careless handling of hot liquids – A server, co-worker, or other can pay insufficient attention to what is going on around them while they are in possession of very hot liquids.
Steam radiators – A faulty steam radiator can release scalding steam. Older models operate at especially high temperatures and must receive regular maintenance.
Car radiators – If someone removes a radiator cap when a radiator has overheated, the liquid can explode out of the radiator, burning the face, arms, chest, and hands.

Were you recently burned in any of these situations? If so, you might have a personal injury case on your hands. Speak to one of our NYC hot water burn injury attorneys to learn more.

Who Are the Most at Risk for Sustaining a Hot Water Burn?

At a temperature of 140 degrees F, water can injure you in five seconds; at a temperature of 160 degrees F, it only takes one second. Anyone can be injured by scalding hot water, but certain groups are at particular risk: young children, those with disabilities and the elderly. The reasons for this include:

Slow reaction time – As noted, a hot water burn can happen very rapidly. These groups may not have the experience or awareness to realize what is happening to them as quickly others or may not be able to move their body away from the heat source as rapidly, prolonging the exposure.
Thinner skin – The very young and the old have thinner skin, which is more susceptible to injury. In just three seconds of exposure to water at 140 degrees F, a child under four can sustain third-degree burns that may require hospitalization or skin grafts.

Our New York City Hot Water Burn Injury Attorneys Represent Scald Burn Victims

If you have been a victim of a scalding accident that was the result of reckless or negligent behavior by another, our attorneys can help you rebuild your life. You may be eligible for compensation for costs such as:

Medical bills, including treatment, surgery and any ongoing care or rehabilitation
Lost wages and lost future earning potential
Pain and suffering

Your ability to achieve the settlement you deserve is dependent on how well your case is investigated, documented and executed. The experienced professionals at Rosenberg, Minc, Falkoff & Wolff, LLP understand what it takes to prevail in such cases. Contact us today for help – your initial consultation is free, and we operate on a contingency fee basis.

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!"