Whether you are documented or undocumented in New York, the law allows you to seek legal action for accidents or injury in the workplace, automobile accidents, trip/slip and falls, animal attacks, medical malpractice and more. We can assist you in determining if you have a viable case.
As an immigrant to this country myself, I can understand why people may be concerned about getting involved with the court system. However, what people should understand is: In New York, whether you are legal or illegal, this has no real impact on your personal injury suit. In fact, your status should not play a part in your case. Thus, if you have been injured, or if you have a loved one who may need our advice, we can be of assistance. If need be, and on a case per case basis, we can also travel to you if requested.
Also, if you have been injured in a hit and run, or where the driver is uninsured, you should also consult us as there maybe an avenue open to you that we can further talk to you about.
The most common cases that occur are the following:
- Slip on a wet floor.
- Construction/worksite accidents.
- Trip on uneven paving.
- Having something fall on you.
- Being attacked by an animal such as a dog.
- Having an accident while on holiday/vacation.
If you trip over something that should be there, like a curb, then it's probably your fault. However, trip, slip or fall on something that shouldn't be there, like a broken flagstone, or a wet floor, and it may be someone else's fault.
Whether it is a car accident or some other accident, some of the following points are important to remember:
- Record as much as possible. This means if you or friend/family member can take pictures, diagrams if possible; names and addresses of parties involved and witnesses.
- File a report, if in the work place, or if you are in a public place, like a shopping center, to your employer, building manager/owner of store, etc... Report the matter if need be to the police.
- Get any and all required medical treatment. If you are injured, too many people think they will be fine, - but if you are in any doubt, summon the emergency services. Look after your health and allow us to look after your case.
In New York, personal injury lawsuits should be brought within three (3) years of the date the injury, and that medical malpractice lawsuits be initiated within two and a half (2.5) years of the date of injury. But you should always remember in many cases, when filling a suit against a government or governmental affiliated entity, for example, a school, public transport etc…, you have to put the opposing party on notice of the possibility of filling a legal suit by serving what is called a ‘notice of claim’. There are different time limits and procedures, depending on whether you are dealing with the state or federal government.
These time limits can be quite short and failure to serve this notice may mean a dismissal of your case at a later point in time. There are different times involved, but generally ninety days (90). However, the notice should be served as soon as possible after the accident/incident, that only a trained lawyer can do, thus please contact us and we shall talk with your further. In some cases the court can grant an extension, but this is not always granted and should be avoided if at all possible.
Personal Injury refers to injury which is caused unintentionally by another failure to use reasonable care. The definition of reasonable care is determined on a case-by-case basis. Personal injury falls under tort law. A tort is a civil wrong, as opposed to a criminal act, recognized by law as grounds to sue the wrongdoer for damages. These wrongs cause an injury or harm, either physical or psychological, resulting in loss by the injured party. The types of damages the injured party may recover include: loss of earnings capacity, pain and suffering, emotional distress, loss of consortium or companionship, property damage, reasonable medical expenses, costs and attorney fees. They include both present and future expected losses. The primary aim of tort law is to provide relief for the damages incurred and deter others from committing the same harm.
Liability is based upon the offender's failure to exercise reasonable care, where such failure could foreseeable result in the harm which actually occurred to the injured party. A person may be liable for the injury caused through negligent or reckless action. Some of the defenses to liability for personal injury include intervening causes, per-existing condition, and assumption of the risk, which asserts that the plaintiff knew that a particular activity was dangerous and thus bears all responsibility for any injury that resulted.
Medical Malpractice, Catastrophic Injury, Slip and Fall, Product Liability and Car Accident cases are all forms of personal injury. This area of law is complex and controversial, and many of its critics are pushing for various forms of tort reform to limit tort litigation, contingency fees and the amount of damages that can be awarded. Personal injury lawyers often represent plaintiffs on a contingency fee basis, wherein the plaintiff does not pay legal fees unless and until the plaintiff wins the case and then the lawyer receives a percentage of the recovery as his or her fee. If the plaintiff doesn’t prevail, no fee is owed.
If the parties in a personal injury case cannot agree to an out-of-court settlement, the claim may proceed to trial in a civil court, which is a lengthy process. This can be a state or federal trial court, although most personal injury lawsuits are heard in state court, and the decision is subject to review by an appeals court. Class action cases may be heard in either state or federal court. In instances where the amount of recovery sought is minimal, the personal injury case may be tried in a small claims court.