New York may be one of the most productive, prosperous cities in the world, but it can also be a dangerous place to live. With 8.6 million residents (1.5 million living in the Bronx alone), the chances of you or someone you know being injured in an accident are unfortunately high. If you are hurt in an accident, you could be facing exorbitant medical bills, lost wages, and pain and suffering. You should not be responsible for covering the costs of an injury that was not your fault.A professional Bronx personal injury lawyer, like the legal professionals that you’ll find at Rosenberg, Minc, Falkoff & Wolff, LLP, can represent you in your negotiations with your insurers and assist you in your road to recovery. Call today to receive a free consultation.
Not all New York personal injury firms represent plaintiffs in all types of accident cases. Before you commit to a particular attorney or law firm, you should make sure that their team has specific experience representing clients in your particular type of case. With over four generations of personal injury litigation experience in the state of New York, the Law Firm of Rosenberg, Minc, Falkoff & Wolff offers a wide array of services. The following is a breakdown of the types of suits that we handle for our clients.
The most recent statistical data offered by the New York State Department of Health indicates that there were on average 1,098 deaths, 12,093 hospitalizations, and 136,913 emergency room visits per year due to traffic accidents. Even in a state with a population the size of New York that’s a staggering sum. Insurance companies are usually quick to make an offer to accident victims, but those offers are rarely sufficient to pay for much more than they medical bills of the injured party. If your injured while driving, on a bicycle, or on foot, don’t accept a settlement without speaking to a motor vehicle accident lawyer.
The custodians and owners of property owe a duty of care to their invited guests. Whether it’s a retail store, a government facility, or the common areas of an apartment building, if you have legal permission to be on someone’s property, you also have the right to reasonable safety. That means that it should be clear of hazards, have adequate warnings of dangerous situations, and proper security measures. It’s essential that you contact a personal injury attorney as close to the time of the accident as possible. Precious evidence for your case can be lost in the immediate days following your accident.
When you see a physician or check into a medical facility, you have a legal right to a reasonable standard of care. That doesn’t necessarily mean that the doctor or staff will cure you or improve your condition, but that they will use the best tools at their disposal and give you the competent, professional medical advice. It also means that they’ll advise you of the risks involved in any course of action that they recommend. If you’re injured by a doctor, nurse, medical facility, or pharmacist, you have the right to compensation.
According to the Occupational Safety and Health Administration (OSHA), 20% of worker fatalities in the United States were construction accidents. Construction is by far one of the most dangerous industries for employment in the Bronx. Many New York City construction workers are hired as independent contractors by construction companies, but they’re still protected under the Construction Industry Fair Play Act. Under this law, you are considered an employee unless all three of these conditions are met:
In most cases, if you’ve been injured in a construction accident, you’re employer is responsible for your workplace injury. Contact a Bronx personal injury lawyer immediately.
In addition to the protections afforded all workers under New York law, the state offers additional protections for construction workers. Under these sections of the code, contractors and building owners can be held liable for unsafe conditions that result in injury. In addition to Worker’s Compensation benefits, which are rarely sufficient to cover a serious workplace injury, Sections 240 and 241 of the New York code, allow injured construction workers to sue employers for additional remuneration for things like lost earnings, diminished work capacity, and pain and suffering.
An accidental death is always tragic, but there are times when in addition to their grief, the survivors are impacted economically as well. When an individual dies due to the negligence of a person or organization, their family members may be able to hold the responsible parties accountable through civil action. Family members are often entitled to full economic compensation, remuneration for lost future income, their emotional pain and suffering as well as any trauma suffered by the deceased prior to their departure, and punitive damages. Talk about your case with an attorney.
Most personal injury suits in the state of New York are settled at the state level. That means that the laws of the state of New York are applicable with regard to damage caps and the statute of limitations on personal injury lawsuits.
The state of New York does not cap damages on personal injury lawsuits. Damages are decided by a jury.
In most instances, the statute of limitations if three years from the time of the accident that caused the injury. With malpractice cases, there is a 30-month statute of limitations, but it starts from the time that the medical malpractice injury was discovered. Medical malpractice sometimes goes unnoticed until some time after the medical accident occured. Wrongful death suits must be filed within two years of the date of death, regardless of when the accident occurred.
In New York, a judge or jury determines the percentage of fault of the plaintiff, and then awards their damages based on the proportion. If, for example, a plaintiff is 20% at fault, they can recover 80% of their damages.
If you or a loved one has been injured or tragically killed in an accident, you deserve compensation. The Bronx Law Firm of Rosenberg, Minc, Falkoff & Wolff provides a free consultation for potential clients. In addition, we work on a contingency basis, which means that we only get paid if you receive a settlement or jury award. Contact us immediately to speak with one of our veteran New York trial attorneys.