Personal Injury - Frequently Asked Questions

Car Accident Injuries

The most common injury people sustain in a car accident is whiplash. Brain and spinal cord injuries, which have a tremendous impact on the survivor, are most commonly the result of serious car accidents. Car accident injuries may also include bruises and abrasions, concussion, broken bones, loss of limb(s), permanent disability, or death.

What To Do If You Have Been Injured in a Car Accident

Stay at the scene of the accident unless medical exigencies require you to leave. Call the police to file a report. Seek prompt medical attention.

Make sure to preserve evidence (for example, take photos of damages if possible and keep copies of all important documents including medical records).
Do not admit fault or enter into negotiations with the other driver(s) or insurance company(s). Contact an attorney to make sure your legal rights are protected.

Pedestrian Accidents

If you or a loved one has suffered injury or death in a pedestrian accident, it may be in your best interest to contact a qualified attorney who can help you determine an appropriate course of action. You may be eligible to receive compensation for your losses and suffering.

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What Are the Common Causes of Pedestrian Accidents?

The causes of pedestrian accidents are wide ranging; however, some of the more common causes are listed below:

• Pedestrian walks/runs into the roadway and is struck by an oncoming vehicle.
• Motorist does not see the pedestrian in time to stop.
• Motorist runs a red light at an intersection.
• Pedestrian is struck while getting out of a parked vehicle.
• Pedestrian is struck by a car moving in reverse or turning a corner.

Other less common pedestrian accidents include pedestrians who are struck intentionally, by fallen cargo, or in a driverless vehicle incident (one involving an auto defect). Dangerous pavement and other environmental hazards can also cause pedestrian accidents. Overall, the most common cause of pedestrian accidents is human negligence (usually a driver’s negligence).

Some of the common factors involved in pedestrian accidents include:

• Area type: Pedestrian accidents occur more frequently in urban areas.
• Location type: Most pedestrian accidents occur at non-intersections.
• Speeding: Excessive speed is a contributing factor in approximately 30 percent of all pedestrian accidents.
• Alcohol Impairment: Alcohol is involved in nearly one-third of all pedestrian accidents.

What Should I Do Right After a Pedestrian Accident?

First and foremost, call the police to file a report. It is important not to leave the scene of the accident unless medically necessary. Gather as much information as possible including the names of all witnesses and parties involved. You may also wish to take photos of the scene and of any injuries sustained as further documentation. Before entering into negotiations with an at-fault driver or an insurance company, you should contact an attorney experienced in pedestrian accidents.

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What Are My Legal Rights?

If you or someone you love has suffered injury or death as a result of a pedestrian accident, it is important to know your rights. You have the right to pursue a claim and recover damages if you have suffered injury due to someone else’s negligence or wrongdoing. To preserve your legal rights, it is important to seek the early advice of a qualified attorney. Every pedestrian accident is subject to a statute of limitations, which places a limit on the time you have to file. Please contact us to speak with an experienced attorney who can answer questions and help you to understand your rights – FREE of charge.

Motorcycle Accident

Motorcycle accidents are the cause of an estimated 50,000 injuries and 3,000 fatalities every year in the United States. Motorcycles are more vulnerable to accidents because they are smaller and less protected than automobiles. Due to the increased susceptibility of motorcycles and the negligence of drivers on the road, motorcycle accidents often result in devastating injuries.

Common causes of motorcycle accidents

Many factors contribute to the frequency of motorcycle accidents including

• Vehicle blind spots – Motorcycles are smaller than most vehicles and are often overlooked by careless drivers
• Limited motorcycle visibility – About 70 percent of all accidents occur at intersections because motorcycles aren't as visible due to parked vehicles, buildings, etc.
• Unsafe vehicle maneuvers – including speeding, improper turning, and more
• Motorcycle defects – accidents often occur as a result of cycle part defects or fuel system leaks
• Road hazards – uneven pavements, potholes, debris, and puddles can all result in motorcycle accidents
• Weather conditions – Rain, hail, wind, snow, etc. can all increase dangerous driving conditions
• Alcohol or drug use – on part of the motorcyclist or other party
• Motor vehicle driver negligence – this is the number one cause of motorcycle accidents.

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Who can I contact if I've been injured in a motorcycle accident?

If you or a loved one has been injured or killed in a motorcycle accident, it is wise to seek the assistance of a personal injury attorney who will get you the compensation to which you are entitled. Please contact us today to speak with an attorney who can answer your questions and protect your legal interests.

Slip, trip and fall

Every day people are seriously injured from falls. An owner and management company of a property are responsible for keeping their premises in a reasonably safe condition to prevent people from sustaining injury. Although walkways and sidewalks are not required to be in perfect condition, they must be reasonably safe to prevent a person from tripping. Owners of property are required to maintain safe stairways, walkways, and handrails and comply with State and local building codes. Uneven stair risers, loose handrails, and loose steps are all dangerous conditions that can cause an accident.

Negligence or fault must be shown by first showing that an unsafe condition exists. In addition, the owner must 1) know about the unsafe condition prior to the accident, 2) through reasonable inspection, should have known about the unsafe condition or 3) have directly caused the unsafe condition.

Strict time limitations exist to commence a lawsuit for a trip, slip, or fall accident. In New York State, the time to commence such an action may depend upon who is injured, who the potential defendant is, as well as the enactment of new laws and judicial decisions interpreting the law. Computing the time limitations is not a simple matter and a person should promptly consult an experienced accident attorney.

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5 Helpful Tips for a Slip, Trip and Fall case

1) Call the police and an ambulance if injured.
2) Report the accident to the owner of the property.
3) Obtain the names, addresses, and phone numbers of all witnesses to the accident.
4) Take photographs of the accident site and your injuries.
5) Contact an attorney immediately to protect your rights.

Construction Accidents

Construction areas are one of the most common sites of serious accidents, posing risks to both workers and innocent bystanders. Depending on the precise circumstances of the accident, different laws may apply.

Common Causes of Construction Accidents

There are perhaps innumerable ways in which a person can suffer injury at a construction site. Scaffolding accidents are the most common, constituting nearly two-thirds of all construction accidents. Other common causes may include: falls, electrocution, and improperly braced trenches.

What To Do If You've Been Injured in a Construction Accident

Report your injury to your employer or the construction site manager immediately.
Seek medical attention for your injuries.
Obtain the contact information of any witnesses who may have been present.
Try to preserve as much evidence as possible. This may include taking photos of your injuries, the site where the injury occurred, and saving any tools or equipment that may have been involved.
Keep a copy of all important documents including correspondence with doctors, attorneys, and insurance adjusters.
Do not negotiate with any liable party(s) without first consulting an experienced attorney.

Work Accident

Injuries on the job are a relatively common occurrence. While most work accidents result in minor injuries like cuts or burns, work accidents can result in severe injuries, long-term disability or death. Regardless of whether the injury is minor or severe, workers have a right to receive compensation for injuries they incur at work. If you have suffered injury because of a work accident, you may wish to contact an attorney who can help you determine your eligibility for benefits.

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What Is Workers' Compensation?

Each state has a system of laws generally referred to as workers' compensation. These laws vary from state-to-state and by occupation, but they ultimately serve to protect workers and ensure that employees who suffer injury due to work accidents receive proper compensation including benefits to cover medical expenses and lost wages. State worker's compensation systems are intended to provide relief for injured workers while protecting employers from liability claims. A number of federal statutes exist to protect those injured in the line of railroad, mining, maritime, and other types of employment.

What If I Don't Have Health Insurance?

You can still file a workers' compensation claim even if you do not have individual health insurance coverage . Most employers' are required by law to have workers' compensation insurance for their employees. Workers who are injured on the job or because of their job can file a claim with their employer's workers' compensation insurance carrier. In other words, employees who have been injured in a work accident receive benefits through their employer's insurance and not their own.

What Types of Injuries Does Workers' Compensation Cover?

While the following list is not comprehensive, it does cover some of the more common work-related injuries covered by workers' compensation:
Diseases contracted due to repeated and prolonged exposure to toxins at work. Asbestos poisoning is an example.
Mental and/or physical strain caused by work-related stress.
Preexisting conditions worsened by job duties or the work environment. A common example is back injury.
Repetitive stress injuries such as carpal tunnel syndrome
Injuries sustained on company grounds while “off the clock”
There are injuries that workers' compensation will not cover. These include self-inflicted injuries, injuries sustained during the commission of a crime, or injuries suffered due to employee misconduct.
You should consult an attorney if you have questions regarding injuries you suffered as the result of a work accident.

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