Hiring a Personal Injury Attorney in Staten Island
Staten Island, one of the five boroughs of New York City, is home to an estimated population of eight million people. With a plethora of legal professionals, individuals and companies seeking legal assistance are guaranteed to find an attorney in Staten Island. If you or a loved one has suffered injuries due to the negligence of another party, it can be a daunting task to navigate the legal process to receive fair compensation. Hiring a personal injury attorney can provide the legal expertise and support you need to pursue compensation for your damages.
Personal injury or tort law is the jurisdiction of law whose objective is to protect victims who are harmed by the actions of another person who did or did not do something, which results to personal injury. Some of the ordinary negligence, personal injury probes are trip and fall, place of work accidents, car and motorcycle accidents, faulty products and medical negligence.
An injured party can make a claim for loss of income due to the result of physical disability or emotional anguish or for damage to material goods. Personal injury cases are mostly won or lost in the initial stages of the case and this is the reason why it is essential to engage a top personal injury attorney to ensure that you win the case.
A personal injury lawyer is a trained expert who can aid you in getting a compensation as settlement. A good personal lawyer, who is qualified, can handle your case successfully.
How to locate a top personal injury attorney:
When you want to get the best personal injury attorney, you can first ask your relatives, acquaintances, and colleagues for references. Then go ahead and carefully scrutinize the names that were forwarded to your list of potential candidates. The experience of these personal injury attorneys will aid you in the evaluation of the competency of the attorney that you choose to engage.
A competent personal injury attorney will help out a claimant to file a suitable case and secure a reasonable reward for the loss or injury. Habitually, such attorneys ask for contingency fees, which is only payable after damages are recovered. A personal injury attorney must be chosen cautiously, based on his knowledge with parallel cases and his rate of success. Ensure that the one you opt for is experienced in dealing with insurance companies that most frequently represent defendants in tort law cases.
Most personal injury lawyers will set an appoint for you without charging, however some may have a fee and that is why it important before setting up your meeting. During the meeting you can tell them the details of the case and settle on the attorney of your choice to represent you.
Some attorneys are agreeable in the negotiation of their fees, but you should bear in mind that more experienced attorneys will be able to get you better awards and settlements than attorneys who are less skilled.
In the end remember that if you get injured due to the negligence of someone else you are entitled to your rights. The best thing to do to protect those rights is to engage an experienced, skilled, and esteemed personal injury attorney who is going to ensure that you get the compensation that is entitled to you.
These are just some of the things that you should know in order to find a top personal injury lawyer in Staten Island. Just make sure that prior to making a choice, you should think about all the essential factors which can aid you to end up with a reliable and capable attorney to handle your case for a positive result.
What Happens in a Product Liability Claim?
Product liability claims play a critical role in protecting consumers from harm caused by defective products. In the modern world, consumers rely on a wide range of products in their daily lives, from electronic devices to prescription medication to automobiles. Unfortunately, some of these products can cause serious injuries or even death. If you are injured as a result of using a particular product, you may be able to pursue damages through a personal injury lawsuit. However, product liability claims are often complex and involve a range of legal and technical issues.
In this blog, we will explore the key features of product liability claims, including what is required to prove negligence on the part of the product manufacturer, and provide insights into how to navigate this area of the law. Whether you are a consumer who has been injured by a product, or a manufacturer looking to minimize your risk of liability, this blog will provide valuable information on product liability claims.
Negligence and Liability
Not all injuries you suffer as the result of using a product means you can recover the damages. To win the case, you need to show that the manufacturer of the product was negligent in some manner. The manufacturers owe customers the duty of care to their entire products released into the market: the products must be safe use. Usually, you prove that the manufacturer was aware of the defect or should have aware based on the information available to it. If the manufacturers negligently release products that pose danger to the consumers, they will be liable for the damages caused by the products.
In product liability cases, if you want to sue the manufacturer for the damages suffered as a result of the using its products, you must prove one of these three things:
The manufacture designed an unsafe product. In a given circumstance, the manufacture designs a product without any defect, but the product causes substantial harm. For instance, a company manufacturing drugs that create medication designed a flawed product because the product is dangerous in nature. Sometimes the company manufactures the drug safely and correctly, and without contamination issues, the nature of the drug might cause harm to consumers.
The company manufacturers a defective product. A lot of product injury cases arise because the manufacturer didn't build its products correctly. In a situation of negligence in the creation of products, the manufacturer is always held responsible for injuries suffered by consumers. It is inappropriate for a manufacturer to release a product with defect to the marketplace.
The product manufacturer failed to include the necessary warning. Some products have inherent dangers, but are desirable and useful to consumers. For instance, over the counter medication are readily available to the average consumers, but only restricted to certain purposes. Any consumer who misuses over the counter medications can easily get injuries. This is why manufacturers are required to include certain warning labels on products that might pose serious risks if inappropriately used by the consumer. However, if the manufacturer negligently fails to include such warning labels and you suffer a personal injury after using the product, the manufacture is liable for the resulting damages.
Seek Legal Help from Personal Injury Lawyer
Product liability cases are very complicated, and determining the legal fault usually requires testimony and assistance of experienced personal injury attorney. There are many defenses that might defeat such a claim and lots of theories under which you might bring a claim. Staten Island and the surrounding areas have specific statutes and laws that can affect the action of product liability. So, it is important to consult an experienced personal injury lawyer if you or your loved one suffers an injury as a result of a potentially dangerous or defective product.
What Happens If You’re Injured at a Theme Park?
A day at an amusement park can be absolutely fun. For the past hundred years, it has been a favorite spot for Americans to relax and unwind from the daily hustle. However, that doesn't mean that a trip there is absolved of dangerous inevitables.
A simple act of negligence can result in injuries that can be quite severe and life-threatening. Every year, numerous accidents in amusement parks leave victims in a vegetative state, even dead.
If you find yourself or a loved one in such a situation, you must take the right actions that protect your interest in the long run. So, here are the steps to take if you or your loved one was injured in a theme park.
Report your injury to the park representative
The first step when involved in an accident in a park is to report the incident to a part representative. You’re likely to receive first aid or be taken to the hospital depending on the severity of the injuries.
Ensure you take some pictures of your injuries, and get the contacts of witnesses if possible. That is very important, especially if the management of the park decides to act nonchalantly or refuse to compensate for your injuries, pain, and suffering.
Look for an experienced personal injury attorney
Not all attorneys are created equal. A personal injury attorney with years of experience under his belt will ensure you get adequate compensation that takes care of medical bills, suffering, and loss of wages.
We all know how pricey medical care is, and the compensation you receive will go a long way to get you the treatment you so deserved. Immediately after the incident, get in touch with a personal injury attorney as soon as possible.
What an attorney can do
An experienced personal injury attorney in New York has handled similar cases like yours and knows the ins and outs of the legal system. Apart from helping you file a claim, they will also guide you with sound legal counsel so you don't make any mistakes.
While you’re receiving medical care and still in the process of recovering, your attorney will be busy, getting all the evidence to make a compelling case.
Get in touch with us
Over the past few decades, we’ve been helping numerous of our clients get compensation for injuries caused by the negligence of others. If you or someone you know was involved in such an incident, the best you can do is get in touch with us as soon as possible for proper representation and guidance. Feel free to give us a call or fill out our contact form to book an appointment.
How to Recover Damages After a Severe Burn Injury
The fact is that we’ve all been burned, whether figuratively or otherwise. It is a catastrophic injury that can alter the course of your life, leaving you with a disfigured body and excruciating pain. No doubt, it will leave you with a mountain of hospital bills to take care of, and a loss of wages too.
However, you can recover your loss through a personal injury or workers’ compensation claim using an experienced attorney. It is when the accident isn't just an accident but due to someone’s negligence, such as a car accident, product defect, unsafe premises, etc.
Types of burn injuries
A burn will fall into one of these three categories, and each will determine the kind of medical attention and compensation you will receive.
Ist degree burn
A 1st-degree burn is not severe, and might not require medical treatment. Although you’re likely to feel a sharp pain, reddening of the skin, and some discomfort. You can easily remedy the situation by using over-the-counter topical drugs to soothe the pain. Within days, the burn will heal on its own.
This level of burn includes blistering, red skin, and severe pain. Your skin might suddenly become glossy while leaking some fluids. You’re likely to lose the outer layer of your skin, and you must get medical attention as soon as possible.
This is the most severe type of burn and requires immediate medical treatment by a medical professional. A 3rd-degree burn will penetrate the skin and destroy the tissues, making your skin dry and leathery. There will also be discoloration in the affected area.
Common causes of severe burn injuries
Truck or car accidents
Scalding water or pipes
Apartment building fires
Fires in public places like hotels, restaurants, nightclubs, etc.
Burn injuries at work
If you sustain any kind of injury in your workplace while doing your job, you might qualify for a workers’ compensation claim. Fortunately, this is available in every state in the US, including New York.
In this case, workers’ competition insurance will cover you regardless of whether you were at fault or not. However, the determining factor is whether the accident happened in the workplace while you were doing your job.
Once you can prove that your injury is a work-related accident, with your medical record to prove the severity of the situation, you’re likely to get compensated.
Most times, however, your employer might become unresponsive regarding your compensation. That is why you should work with a personal injury or workers’ compensation attorney for guidance. In that case, we’ve got you. Feel free to give us a call or fill out our contact form to book an appointment with an attorney.
Injured by a Personal Trainer; Can I Sue Him/ Her for Damages?
If you've ever worked with a personal trainer, you know that they can be incredibly helpful in reaching your fitness goals. However, what happens when that relationship turns sour and you end up injured as a result of their actions? Injuries caused by personal trainers can range from mild sprains to more serious conditions, and in some cases, they may be severe enough to require medical attention or even surgery.
The fitness industry is growing rapidly, with personal trainers playing a crucial role in its expansion. Personal trainers can provide the necessary knowledge and motivation to help you achieve your fitness goals, whether you're looking to improve your endurance, strength, or overall health. However, working with a personal trainer does not guarantee that you won't suffer an injury. While some accidents may happen regardless of the trainer's involvement, in some cases, the trainer's negligence can lead to serious injuries.
If you have been injured as a result of a personal trainer's negligence, you may be able to pursue a personal injury lawsuit. To succeed in such a lawsuit, you must establish all the elements of negligence and demonstrate the damages caused by the trainer's negligence, as with any other personal injury case..
Proving Negligence of Personal Trainer
The Duty of Care
In order to prove negligence of a personal trainer, you must show that he/she owed you a duty of care and that the duty of care is breached. The trainer must act in a way that is reasonably prudent and careful, when training you.
The Breach of Duty
If your trainer fails to exercise reasonable care, or acts in a careless manner and caused an injury, you can sue him/her. For instance the trainer may push too much exercise too quickly, and you are injured as a result, the trainer is termed as negligent. In other words, something less careful, less reasonable and less killed must have occurred.
The Breach Resulted to Causation
The trainer must be the real cause of your injuries. Essentially, you have to show that the negligence was, but for proximate and direct cause of the injury and damage could get tricky because the personal trainer may argue that the injury would have happened and would have been the same even if the negligence had never occurred. So, you need to collect as much evidence as possible as to the cause of your injuries, which should include medical records documenting the suspected cause and an expert witness who are willing to testify that your injuries resulted from the negligence of a personal trainer. Seek advice from an experienced personal injury attorney to help you in such a situation.
To prove negligence, you must show that you suffered injuries and that the injuries caused you damages. If your personal trainer breached the duty of care, but you never suffered any harm, there is no basis for legal lawsuit. However, if you were injured and lost wages, had pain, emotional stress or had medical expenses as a result, you may sue your personal trainer for damages.
Special Consideration with Personal Trainer Injury Lawsuits
Your body is composed of intricate systems working together to perform basic functions of life. If one or more is injured, the result can be catastrophic. There may be special consideration that can affect your case. For example, if you suffered an injury at the gym and your personal trainer was an employee of the gym; the gym may be held responsible for your injuries as well. Besides, if you signed a contract or release with the trainer, your case may be affected negatively. A personal injury lawyer will need to examine your case in light of any agreement and offer an appropriate advice.
Contact an Experienced Personal Injury Attorney
Although, your recent experience with a personal trainer may bar you from getting help from another expert, don't worry. Just speak to an experienced personal injury attorney in Staten Island. Most personal injury lawyers consult with clients at a small fee or for free, and may work on contingency. Bring your gym or trainer contract, relevant medical records and any other paperwork that seems appropriate. Let your lawyer help you get the compensation you deserve for the negligence of your trainer.
Steps to Take After Getting Bit by a Dog
Taking care of yourself after a dog bite can slow you down; the time you would have used to be at work and be productive is being spent in the hospital. Your plans and schedules are thwarted, and getting medical treatment may be expensive, leaving your spirits dampened and at a loss for an attack that was not your fault.
Don’t beat yourself up; you can get the justice you so deserve and be well compensated. However, you need to be intentional in the steps you take so you don't end up making matters worse. For instance, don't try to fight the dog or harm it after you have been bitten; instead, take these steps:
Get Medical Help
Getting bitten by a dog is a bad experience you wouldn't be quick to forget, even after years have gone by. Apart from the physical agony, the bite inflicts you, you risk getting an infection and being psychologically affected by the experience, leading to PTSD.
When a dog sinks its teeth into your leg and slinks away, the first action you need to take is to find the nearest running water and wash the injury for about 15 minutes.
Next, clog the bleeding by wrapping the injury with a clean cloth or bandage; apply an antibiotic cream if you have one handy, then call 911.
File A Report
Calling 911 presents an opportunity to file a report to the police; they will document the incident as they are present and witness seeing the dog bite on your body, proved by the medical personnel. Once you have filed a report to the police, you have a solid ground to begin your lawsuit against the dog owner.
Gather Relevant Information
As soon as possible, gather details and information about the rogue dog's owner, where they live, and phone number(s). If there were people who witnessed the tragic attack, collect their phone numbers and addresses too.
Lastly and equally important, contact the dog’s vet doctor to get relevant information about its health. You need to know if the dog has rabies or any contagious infectious disease so you can go about taking appropriate medical treatments.
Capture Your Wound
Make sure to take photographs of the injury as a backup to the medical reports so that you are fully prepared to provide evidence. If you can, snap a picture of the dog and the place you were bitten; it will go a long way in boosting your case.
The Personal Injury Lawyer
You need to hire a personal injury lawyer and present all your findings and evidence; the lawyer will prepare your case and handle all legal representation in the court.
After you have taken the necessary steps above, the rest of the task is to be handled by your injury lawyer, and with all the initiative you've taken, you are sure to win your case.
Feel free to call us, or perhaps fill our contact form to begin. Our years of study and experience is your edge to winning this case without a hurdle.
7 ways to prevent slip-and-fall lawsuits
Accidents are inevitable. But other times, our negligence can get even the best of us. When an accident happens on your business premises, you might find yourself a target of a personal injury lawsuit, which could cost you a lot in the process.
A slip and fall can happen anywhere.
But there are measures you can take to keep your property safe and in good condition for visitors. By doing so, you save yourself headaches. Here are some ways you can use to prevent a slip-and-fall lawsuit.
1. Regular inspection
To prevent a slip and fall, inspecting your property regularly should become part of your daily activities. Through inspection, you discover areas of your business premises that have a pose a risk. Don't forget to check the stairwells, to ensure there are no blockades. There should be proper lighting, to prevent any incident of slip and fall.
2. Install Cameras
As a precaution, cameras can be a great addition, not forgetting the sense of security it offers. When a slip and fall does happen, you will be able to access the situation through your cameras. This will give you a full idea of how the incident happened which might help you win any lawsuit that may come.
3. Display warning signs regarding hazards
If there is a wet floor, a broken floor, or perhaps a malfunctioned machine, ensure you place a warning sign if the hazard can't be fixed immediately. With these signs, you warn people to be alert, stay clear or not use. Make sure you write in an easy-to-understand language for easy communication.
4. Keep logs
If you conduct any maintenance or DIY around your business, always keep logs. That way, you will have something to reference to prove you take vital steps to keep your property safe.
5. Follow up with the injured visitor
When a slip and fall do happen, you don't need to act unconcerned or panic about lawsuits. When you show that you care for their well-being, they are likely to drop the case. You don't necessarily need to apologize, but by showing that you care, they'll go away without the need to file a lawsuit.
If you happened to be involved in a slip and fall lawsuit, you might need to get across your insurance. With a general liability insurance policy, you ensure that you are not liable for injuries that occur on your premises.
If you or someone you know is involved in a slip and fall lawsuit, or perhaps you need help drafting your general liability insurance policy, feel free to give us a call 7182737900 or fill our form.
No-Fault Laws and Personal Injury
No-Fault Laws and Personal Injury Lawsuits: Can You File a Lawsuit in a No-Fault State?
If you were in a car accident and are contemplating a personal injury lawsuit -or in the process of filing one -you know how lengthy and stressful it is. Couple the stress of a personal injury lawsuit with trying to recover, and you almost certainly will need professional help from a lawyer.
Car accident victims in New York face another challenge, too. No-fault laws make personal injury lawsuits even more complicated.
New Yorkers should consult with legal counsel if they're unsure if they can file a personal injury lawsuit or not.
What Are No-Fault Laws?
No-fault laws apply in twelve states: Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, and Utah, plus the District of Columbia. The laws help prevent personal injury lawsuits by requiring drivers to have personal injury protection (PIP) as part of their vehicle insurance policy.
How Do No-Fault Laws Affect Your Personal Injury Lawsuit?
Accident victims in no-fault states must use PIP coverage to file a claim with your insurance company. The insurance company then reimburses you for medical costs up to a certain threshold. Does that mean you can't file a lawsuit against someone who caused an accident?
However, it does make it more difficult.Because no-fault laws intentionally restrict your ability to file a personal injury lawsuit after an accident, there are stricter regulations for suing the other driver. Even if you're seriously injured and incur high medical bills—usually severalthousand dollars—you still have to meet other criteria.
When Can You File a Personal Injury Lawsuit?
If your injury results in any of the following, you're more likely to be able to file against the other person, as opposed to only getting reimbursed by your insurance company:
Permanent limitation of organ or limb use
Significant body function limitation
Disability lasting 90 days or more
If you think you meet these criteria, seek legal support. A personal injury lawyer can guide you through the process of compiling a lawsuit and gathering evidence. They can also help you get reimbursement for any medical costs your insurance may not cover.
Motorist awarded maximum available insurance of $300,000.00 in arbitration proceeding
A Staten Island resident was recently awarded the sum of $300,000.00 by an
Arbitrator from the American Arbitration Association.
On July 18, 2017, Claimant was parallel parking her vehicle on Forest Avenue, when
another vehicle approached from behind and struck the driver’s side of Claimant’s
vehicle. Claimant sustained multiple injuries, most notably a fracture of the humerus
in her left arm, which required surgical repair.
The Defendant driver maintained liability insurance in the amounts of $50,000.00
per person. Claimant settled with the Defendant driver for the policy limit of
However, because Claimant maintained Uninsured/Underinsured coverage on her
own automobile insurance policy in the amount of $300,000.00, she was able to
bring an Arbitration proceeding with the American Arbitration Association.
On February 11, 2019, the Arbitrator awarded the Claimant $300,000.00, with an
offset of $50,000.00 for the amount Claimant had already received, for a net award
of $250,000.00, which was the entire amount of the available insurance.
“This is why our office suggests that all of our clients should review their auto
insurance policies to make sure they carry adequate Uninsured/Underinsured
Motorist Coverage”, said Gina M. Sgarlato, attorney for the Claimant. “If they fail to
do so, their interests may not be adequately protected and they may not be able to
receive the appropriate compensation for their injuries.”
Read the Full Arbitration Award Letter Here:
He got more than me! Why Claim Amounts are Different When the Injury seems the same
One way that victims of personal injury accidents make themselves upset is by researching accidents similar to theirs and finding out someone else got more money. When you file a personal injury claim, the first fact you have to become familiar with is that claim awards are wildly random. If you lost your leg in a work accident in New York State, that does not mean that you will get the same compensation as a worker who lost his leg in Los Angeles. There are a few factors at work when it comes to determining each individual claim.
The State Your Claim Is In
Each personal injury claim is handled on an individual basis by each state's determining board. Work accidents are generally covered by the state's workers' compensation board, but each state has its own record when it comes to awards. Some states award more than others in workers' compensation cases, while other states make it difficult for injured workers to get any kind of compensation.
Each state's civil court system is also very different. Some states allow for pain and suffering claims, while other states do not. If you are allowed to add a pain and suffering component to your compensation, then you are going to get more than other people in the country.
If you make more money than someone else and miss more days at work because of your injury, then you are going to receive more in your lost income claim. The lost income portion of a personal injury claim is simple math. A person who makes more money than someone else is going to get more back in a personal injury claim.
Your Medical Expenses
If medical care is higher in your state than others, then you will receive a higher portion in your personal injury claim for medical expenses. Just as with lost income, most states use simple mathematical formulas to calculate medical expenses. In many states, it is just a matter of the injured showing their receipts and getting compensated for it.
While your injury may seem similar to someone else's in another state, there is a strong possibility that the injuries may not be that similar at all. Your prognosis for recovery could be very good, and you might not need ongoing medical care or therapy to regain as close to full range of motion as possible. But the injury in another state could have a prognosis as grave as potential amputation. Future medical costs are also figured into a personal injury claim, which can elevate a claim to a much higher level.
Personal injury claims are not easy to compare side-by-side. Just because your shoulder injury looks similar to a should injury two states over does not mean that you are going to get similar compensation. Each case is debated individually, and the results are given irregardless of any kind of situation in any other part of the country.