New York Premises Liability Law Blog

Who Is Liable For Your Injuries After A Fall?

Thousands of people are injured due to falls every year. A portion of those who fall and are injured do so because of their own carelessness. However, another percentage of fall injuries occur due to the negligence of someone else. Personal injury awards cannot be pursued if the fall is a result of your own carelessness, but such awards can be sought by personal injury lawyers if it can be proven that the fall was a result of someone else’s negligence.

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Tecnico en el suelo por caida” by Davidhv22 – Elaboración propia. Licensed under CC BY-SA 3.0 via Wikimedia Commons.

How do you know if you can sue or not? If the cause of your fall down a flight of stairs was because you were not paying attention, then a case against another party will probably not be won. However, if the cause of your fall was due to wet stairs from an employee mopping that did not appropriately mark the area with warning placards then you can indeed seek awards to cover medical expenses, time off work and possibly pain and suffering. Basically, if your NY personal injury attorney can prove that the cause of the fall was due to owner damage to the property, the owner or hired personnel knowing about but not repairing the damage, or that affected areas were not properly identified or cordoned off then you can claim personal injury damages.

If you believe that injuries received during a fall were due to another person’s negligence, then contact us for a free consultation with a professional personal injury lawyer in NY. We will work to get you the compensation that you deserve.

Construction Sites and Inadequate Safety – Know Your Rights If You Are Injured

The chances of falling victim to injury while doing construction work are much greater than those of most other jobs. The reasons for such elevated risks include working around large and usually mobile equipment, the presence of loose, unfinished and protruding obstacles, working at dangerous heights, exposure to an abundance of electrical wires, and more.

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432ParkAve2” by Nikolai Fedak: http://newyorkyimby.com/about-new-york-yimby – New York YIMBY: http://newyorkyimby.com/. Licensed under CC BY-SA 3.0 via Wikimedia Commons.

In spite of most companies taking all the necessary precautions possible, minor to catastrophic injuries can still occur as a result of unexpected accidents or negligence. Common construction site injuries include burns, broken bones, head and back trauma, amputations, paralysis, deafness, blindness, and others.

Quite often, construction workers that experience injuries during work can only file for worker’s compensation. However, depending on the cause of the injury, workers might also be able to file personal injury claims against responsible parties other than their employer, such as companies of defective equipment, tools or other products used. The general contractor of the job might also be found negligible and responsible for damages to cover lost wages and medical expenses as well as for a certain amount of pain and suffering. Other entitlements might also come from property owners, professionals (engineers or architects), managers, or the company for violating OSHA regulations.

Although construction injuries are more common than those of other types of jobs, there is no need for you to suffer physically, emotionally, or financially. Contact us to receive counsel from one of our NY personal injury trial lawyers to find out to what compensation you are entitled.

A Small Head Injury Can Become More Serious in Time. Did You Get the Compensation You Deserve?

Head trauma injuries can be extremely deceiving. Some head injury accidents cause the person to lose unconsciousness while others do not. Head blows, however severe, can damage the brain in various degrees. Many people appear to be fine after such an accident, performing and feeling normal.

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Although a blow to the head may not seem serious at the time, worse symptoms can appear over days or even weeks often leaving the sufferer with high medical expenses, lost time from the job, or even hired care should they be incapacitated and unable to function on their own. For this reason, it is routinely recommended by health professionals that victims of head injuries seek council from a personal injury lawyer in the event that symptoms worsen and lifestyles are interrupted. Legal counsel will consider such questions as: Was it an on-the-job injury? What were the surrounding circumstances leading to the injury? Was negligence involved? What insurance options does the victim have? Who can make financial and medical decisions for the victim if they become incapable?

Because the brain is extremely complex, head injuries that seem to be mild could turn into debilitating experiences after the event has passed. It is extremely prudent to seek legal counsel from NY attorneys specializing in personal injury law if you or a loved one are involved in a head injury accident, regardless of how you feel. Having NY personal injury attorneys in your corner in such an event could save you a great deal of worry, suffering and expense.

Contact us today if you are in need of assistance due to a head injury to you or a loved one.

As a Pedestrian Injured by a Motorist, You Have Rights to Compensation

Millions of people take to the streets of New York City every single day to go to work or school, run errands, or participate in activities. Many of those prefer walking, jogging, or cycling to get around the busy city instead of fighting the grueling and often congested masses of traffic.

However, just because you may choose to walk or ride a bicycle to your destination doesn’t mean that you are free from the dangers of motorized vehicles. According to statistics from the New York Police Department, over 15,000 pedestrians and cyclists received injuries with 155 others killed in traffic related incidents in 2013. Figures increased in 2014 with more than 16,000 total pedestrians and cyclists hurt and 178 deaths caused by motor vehicles.

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Pedestrian Zone München” by User:MattesOwn work. Licensed under Public domain via Wikimedia Commons.

Pedestrians and cyclists are constantly under a threat of receiving debilitating injuries due to the negligence of motor vehicle operators. Private automobiles, company cars and trucks, and taxis commonly cause extreme pain and suffering to those minding their own business. Even buses in the tourism and transportation industry are increasingly involved in harming pedestrians. Take for example the double-decker tour bus that struck another bus and veered off the road and onto the sidewalk, knocking over a lamp post which struck several pedestrians. Another double-decker bus ran over an elderly lady in June while she was in a crosswalk.

If you find yourself a victim of such an accident, our personal injury lawyers will provide you with the legal representation required to gain just compensation.  Contact us today.

Can You Sue For Personal Injury After a Fight or Assault?

New York is a very crowded place, and as such, people often meet and clash for a variety of reasons, such as the man who was recently involved in a small fight in which he was punched by another man after arguing over a dog. Many fights leave individuals just a bit scuffed, but in this unfortunate case, the victim suffered serious head injuries when the punch caused him to fall and bang his head.

Brain damage lawyers in New York City can tell you that any head trauma, no matter how slight, can be very serious and must be thoroughly examined. Additionally, as a victim, you have rights to monetary compensation for your damages.

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The most important thing you can do after any fight, even if its only one punch thrown, is to file a police report and ensure that you have information about individual that caused your injuries. Additionally, if you are in an establishment such as a bar or nightclub, you should acquire their information as well, as they have a legal responsibility to protect their patrons from harm.

If there has been any sort of blow to the head, seek medical attention as soon as possible. A New York brain injury lawyer can also help ensure that you get thoroughly examined, and will also fight to help you get the compensation you deserve for your injuries, especially if you will require ongoing medical treatment for extensive injuries or head trauma. Contact a brain damage lawyer in New York City for a free consultation today.

How Personal Injury Attorneys Help To Prove Negligence After an Accident

After an accident, if there is a question of fault or the insurance company is trying to offer a low settlement, you may need to file a lawsuit with a personal injury attorney in NY. Subsequently, it will be up to the attorney to prove negligence on the part of the others involved in the accident in order to ensure you receive the most compensation for your injuries and damages.

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Professional and experienced NYC serious injury lawyers know how to prove negligence and what factors to look for in order to prove their case. A trial isn’t always required if your lawyer can prove negligence. The top New York personal injury lawyers can do this using several different means, including:

• Reconstructing the accident
• Retaining expert witnesses for their testimony
• Interviewing witnesses to the accident
• Acquiring all necessary documentation and paperwork

When a NY personal injury attorney has compiled all the facts and witness testimonies, he or she will then present the case to the other party’s lawyer or insurance company representatives.

At this point it is possible that a settlement can be reached, and your lawyer will fight to ensure you get the most compensation possible to cover not just the damages to your automobile and any medical bills, but also for punitive damages and medical you might require in the future if your injuries were very serious.

If for some reason a settlement cannot be reached, the case may go to trial, and the best NYC personal injury lawyers will tell you that they will represent you to the best of their ability and get you the compensation you deserve.