We represent individuals and the families of individuals who have been seriously injured or killed as a result of the negligent or wrongful conduct of others. We understand how insurance companies and lawyers on the other side think. Insurance companies are interested in minimizing their economic exposure when a serious injury or death has occurred. They hire attorneys whose job it is to aggressively undermine each aspect of the your claim. We know their tactics. We take each case on as if it will proceed to trial and we are not afraid to take a case all the way to jury verdict if that is what is necessary to produce the best possible result. Our firm represents individuals injured in all types of situations including industrial, construction, and equipment-related accidents.
There are many different types of personal injury actions, and several theories of fault that may apply in a given case. Discussing your case with a personal injury attorney is the best way to have a thorough evaluation of the likelihood of success if you were to bring a claim for your injuries, and of the potential value of your case. In light of the deadlines imposed under state and federal law for the filing of personal injury actions, meeting with an attorney sooner rather than later if you think you might have a claim is always recommended.
Serious car and other motor vehicle accidents require the guidance of an experienced attorney. We have years of practice and an impressive track record representing people who have suffered significant injuries in motor vehicle accidents (commercial and personal). We work with physicians and other health care providers to assess and review all the short and long-term medical aspects of your case. Our detailed understanding of New York's automobile, insurance and liability laws means we understand the different sources of recovery available to car accident victims and their families as well as the various theories of liability that enable those victims to collect from the parties who caused them harm.
Automobile accident claims are by far the most common type of personal injury case in our court system today. Except in those states where legislation has been passed doing away with fault as an issue (no-fault laws), these cases are litigated under general negligence principles. The injured plaintiff is required to prove that the defendant was negligent, that the negligence caused the accident, and that the accident caused the plaintiff's injuries. As with other types of accidents, figuring out who is at fault in a traffic accident is a matter of deciding who was negligent. In many cases your instincts will tell you that a driver, cyclist or pedestrian acted carelessly, but not what rule or rules that person violated. Your case can be strengthened if you find some "official" support for your conclusion. Your attorney will look to a number of sources to help you determine who was at fault for your accident, such as police reports, state traffic laws, and witnesses.
Premises liability is a rather vague term which serves as a catchall for many types of events including those involving structural design flaws, unsafe conditions, environmental hazards (including lead poisoning and dog bites), improper traffic patterns and a wide range of other issues unrelated to security per se. In many cases, security related premises liability matters involve issues such as physical security standards and generally accepted security practices. In addition to any existing standards, crime statistics, event history, community standards, and specific risk considerations play a part in determining whether an adverse event was foreseeable.
In the law, the term "premises liability" refers to a situation where an individual is injured on property, or "premises" owned or maintained by someone else. The property owner or party responsible for maintaining the property may be held legally responsible, or "liable," for that person's injuries if the injuries were the result of a dangerous condition that existed on the property, such as broken sidewalk, snow and ice, slippery floor, broken steps, elevator accidents and falling ceiling.
Property owners and businesses have a duty to provide a safe environment for people on their property and, if they fail to do so and someone is injured as a result, they may be held liable for the injured person's medical expenses, pain and suffering, and lost wages. A premises liability case might arise against owners not only of commercial property, but private residences, vacant lots, and many other types of properties.
Medical negligence or "malpractice" occurs when a physician or healthcare provider either fails to do something that should have been done or does something that should not have been done which results in injury or death. Doctors and other health- care providers must follow certain standards when caring for patients. While a simple mistake is not enough to constitute negligence, a death or injury caused by the failure to provide reasonably appropriate or common standards of care or the failure to diagnose an easily detectable illness may be malpractice. Our firm aggressively investigates and pursues claims for catastrophic injuries and death arising out of:
Our firm also performs real estate transactional work for a number of private individuals, builders, mortgage lenders and title companies. We assist with the purchase and sale of real estate, including negotiating and drafting purchase agreements and other documents, ensuring good title, and closings. We also assist our clients with the legal aspects of financing, re-financing and foreclosures.
Our firm also handles Estate Planning matters which is the area dealing with the distribution of an individual's property at his or her death, taking into account wills, taxes, insurance, property, and trusts so as to gain maximum benefit of all laws and, at the same time, carrying out the person's wishes. Probate is the court proceeding through which a Last Will and Testament is proved to be valid and the estate of a decedent is administered by he Executor. If a person dies without a Last Will and Testament, and leaves assets in their name only, it will be necessary to make an application to the Surrogate’s Court for the appointment of an Administrator. These process generally includes collecting a decedent's assets, liquidating liabilities, paying necessary taxes, and distribution of property to heirs or legatees.
False Arrest and False Imprisonment usually involves misconduct by police officers or security guards. A False Imprisonment and False Detention case is based in the premise that every person has the right to freedom of movement without unjustifiable confinement. A Police Misconduct case usually involves Assault and Battery, False Detention, False Arrest, False Imprisonment or Malicious Prosecution. In some instances an arresting office uses Excessive Force while detaining or arresting an individual; which results in bodily injuries or property damage; this is commonly referred to as Police Brutality. Even if an arrest is lawful, the arrestee has a clearly established constitutional right not to be subjected to excessive force. Excessive Force/Police Brutality usually involves striking the suspect about their body, shooting, macing, tasing or applying handcuffs too tight. For an arrest to be valid, the officer must have a valid warrant or probable cause.
If an arrest is prosecuted criminally, extreme caution must be taken that the underlying criminal case should be dismissed on the merits. An accused should avoid Adjournment in Contemplation of Dismissal (ACD) in the Criminal Court.
New York State Labor Law protects the rights of construction workers who suffer a fall or are struck by a falling object. Workers who fall from an elevated worksite, such as a scaffold or a ladder, or falls into an excavation, because they are not furnished with proper safety device, or if the device malfunctioned, is covered by this law. Workers have the right to a safe workplace. Various laws are in place to protect workers from being killed or seriously harmed at work.
The Labor Law holds property owners fully liable when a construction worker becomes injured due to a gravity-related fall while working at high elevations without proper safety equipment.
In most instances and employee cannot sue an employer for injuries sustained as result of an accident, however, in construction cases law suits are normally filed against the property owner and the general contractor.
The mere fact that you filed a claim and received Worker’s Compensation benefits does not preclude you from filing a lawsuit to recover damages for your injuries and pain and suffering.
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