If you’ve been involved in a personal injury incident in New York, you may be faced with a myriad of challenges. Medical bills, ongoing treatment, and emotional stress are just the tip of the iceberg. One of the most overlooked but crucial aspects you need to consider is the impact on your income, both now and in the future. This comprehensive guide aims to shed light on two critical financial areas affected by personal injury cases: Lost Wages and Earning Capacity. Understanding these elements is crucial for ensuring you receive the full compensation you deserve. If you’re navigating this complex legal terrain, don’t hesitate to consult NYC personal injury attorneys. For expert advice tailored to your situation, call us today at (646) 647-3398.
- Definitions Matter: Lost wages cover earnings missed after an injury, while lost earning capacity pertains to future income loss.
- Evidence Required: Medical records and employment history are critical to substantiating your lost wages claim in New York.
- Time Sensitivity: New York generally allows three years from the accident date to file a personal injury claim.
- Legal Representation: A qualified NYC personal injury attorney is crucial for navigating the complexities of lost wages and earning capacity claims.
- For personalized advice and representation, call us today at (646) 647-3398.
Lost Wages: In the context of New York personal injury cases, lost wages refer to the earnings you have lost as a direct result of your injury from the time of the incident to the present. This can include salary, hourly wages, overtime, bonuses, and even missed opportunities for promotion. Lost wages are typically easier to quantify as they rely on existing records and past history.
Earning Capacity: Lost earning capacity is a broader term that encompasses your diminished ability to earn income in the future due to the injuries sustained. Unlike lost wages, lost earning capacity is not solely based on your historical earnings. Several factors are considered, such as age, skill set, education, work history, and the industry you work in. Calculating lost earning capacity often involves expert opinions, such as vocational assessments and medical evaluations, to estimate the financial impact of your injuries on your future earning potential.
New York State-Specific Nuances: New York law has its own set of regulations and statutes that can impact your ability to claim lost wages and lost earning capacity. For example, the state operates under a “comparative negligence” system, which means that your compensation could be reduced proportionally if you are found partially responsible for the accident. This can affect the amount you may claim for lost wages and earning capacity.
Understanding these legal definitions is the foundation for successfully navigating lost wages and earning capacity in a New York personal injury claim. For personalized advice on how these definitions apply to your specific case, don’t hesitate to call us at (646) 647-3398.
How Can The Orlow Firm Help Maximize My Case?
Expert Legal Counsel: Our experienced New York personal injury attorneys specialize in cases involving lost wages and lost earning capacity, among other types of personal injury claims. We understand the nuances and complexities of New York law and can guide you through every step of the legal process.
Comprehensive Case Evaluation: We offer a detailed initial assessment to understand the specifics of your case, ensuring that all angles are considered for maximum compensation.
Strong Negotiation Tactics: We have a proven track record of successfully negotiating with insurance companies to get you the settlement you deserve, often without needing to go to trial.
Vast Network of Experts: Our firm collaborates with medical professionals, vocational analysts, and financial experts to substantiate your claim, thereby enhancing your chances of receiving fair compensation for lost wages and lost earning capacity.
Thorough Evidence Gathering: We take the time to collect all necessary documents, records, and testimonials to build a strong case, from pay stubs to medical records and expert opinions.
Litigation Support: If your case does go to trial, our skilled litigators are prepared to represent you vigorously, leveraging years of courtroom experience to advocate for your rights.
No Upfront Fees: We operate on a contingency fee basis, which means you pay nothing unless we win your case. This allows you to focus on your recovery without the stress of legal fees.
Ongoing Communication: We prioritize client communication and will keep you updated on all developments in your case, ensuring that you’re never in the dark about your own legal situation.
The challenges of navigating a lost wages or lost earning capacity claim in a New York personal injury case can be overwhelming. Don’t risk your chances of receiving the compensation you are entitled to. For expert legal advice tailored to your specific circumstances, contact The Orlow Firm at (646) 647-3398 today.
Types of Personal Injury Cases Where Lost Wages Apply
Car Accidents: One of the most common types of personal injury cases in New York, car accidents often lead to significant injuries that prevent victims from returning to work for an extended period. Lost wages can be a crucial part of your compensation in such cases.
Slip and Fall Accidents: Whether it happens in a public space or private property, slip and fall accidents can cause serious injuries like fractures or head trauma, leading to time off work and, consequently, lost wages.
Medical Malpractice: Cases involving medical negligence, such as misdiagnosis or surgical errors, can have long-lasting impacts on your health and your ability to work. Lost wages can be claimed in addition to damages for pain and suffering.
Work-Related Injuries: While worker’s compensation often covers work-related injuries, there might be situations where a third-party’s negligence is involved, allowing for a personal injury claim where lost wages could be recovered.
Defective Products: If a product you used was defective and caused you injury, the time you spend recovering could make you eligible for lost wages as part of your personal injury claim.
Pedestrian and Bicycle Accidents: These accidents often result in severe injuries, including broken bones, spinal injuries, and traumatic brain injuries, affecting your ability to earn. Lost wages become an essential component of the compensation in these cases.
Assault and Battery: Though primarily criminal cases, victims of assault and battery can also file personal injury claims to recover lost wages if the incident led to time away from work.
Each of these types of personal injury cases has unique aspects that can affect your ability to claim lost wages. In New York, the specific circumstances of the incident, the severity of your injuries, and your employment situation will all play a role. If you’re unsure whether your case qualifies for lost wage compensation, consult with New York personal injury attorneys by calling (646) 647-3398.
How to Calculate Lost Wages
Salary/Wages: The most straightforward way to calculate lost wages is to look at your salary or hourly wage. Multiply your hourly rate by the number of hours you typically work per week, and then by the number of weeks you’ve been unable to work due to your injury.
Bonuses and Tips: If your income includes variable components like bonuses or tips, these should also be considered when calculating lost wages. You’ll need to average out your past bonuses and tips over a reasonable period, and then add that average to your regular salary or wages.
Benefits: Don’t forget about non-monetary benefits like health insurance, retirement contributions, and other perks that you missed out on while unable to work. The value of these benefits can be added to your lost wages claim.
Self-Employment Income: If you’re self-employed, the calculation becomes a bit more complicated. You’ll typically look at your net business income, subtracting your business expenses from your total revenue. This can be averaged over the months or years leading up to the accident to find a reasonable estimate of lost income.
Sick Leave and Vacation Days: If you used sick leave or vacation days to cover the time you missed from work, you could still claim these as lost wages. The reasoning is that you were forced to use these days due to your injury and therefore lost them.
Overtime: If you consistently worked overtime before your injury and have records to prove it, this can also be included in your lost wages calculation.
Periods of Unemployment: If your injury resulted in an extended period of unemployment that goes beyond your immediate recovery period, it’s important to consider how this affects your lost wages. You may need to look at the average time it takes someone in your industry to find a new job and calculate lost wages accordingly.
Calculating lost wages in a New York personal injury case can be a complicated process that varies greatly depending on individual circumstances. Missing out on even one element could result in you receiving less compensation than you’re entitled to. For a thorough evaluation of your lost wages, consult with experienced NYC personal injury attorneys. Call us today at (646) 647-3398 for a detailed consultation.
How to Calculate Lost Earning Capacity
Projected Career Span: The first step in calculating lost earning capacity is understanding your expected career span, factoring in retirement age and any industry-specific norms.
Current Earnings: This serves as the baseline for calculating future earning capacity. This is not just your salary but also includes bonuses, tips, and any other forms of compensation.
Skill Level and Education: Your skill set and education level directly influence your earning capacity. Special certifications, advanced degrees, or specialized skills can significantly increase the projected earnings you may lose due to an injury.
Rate of Income Growth: Account for the natural growth of income over time. This can be based on past raises, promotions, or industry standards for income growth.
Vocational Assessments: In some cases, a vocational expert may be consulted to assess your employability in your current field or other fields you might switch to. This can be essential if the injury prevents you from continuing in your current job role.
Medical Evaluations: Medical experts can offer input on the long-term implications of your injuries, including how they may affect your ability to work in your current job or any job altogether.
Inflation Rate: Future earning capacity must be adjusted for inflation. The rate used may vary, but it’s an essential factor to include for a long-term estimate.
Discount to Present Value: This is a legal and economic concept where future earnings are discounted to their present value. This reflects the idea that a dollar today is worth more than a dollar in the future due to investment opportunities.
Calculating lost earning capacity is more complex than lost wages because it involves projecting future events and accounting for variables like inflation and career growth. Due to this complexity, it’s often necessary to consult experts like economists, vocational assessors, and medical professionals to build a convincing case. If you believe your injury has affected your future earning capacity, consulting with New York personal injury attorneys is crucial. Reach out to us at (646) 647-3398 for an exhaustive evaluation.
Evidence Required for Claiming Lost Wages and Earning Capacity
Pay Stubs and Salary Records: One of the most straightforward pieces of evidence for lost wages are your pay stubs or salary records. These documents can establish your regular rate of pay, hours worked, and any bonuses or tips earned.
Employment Verification: A letter from your employer confirming your employment status, job role, salary, and the time you’ve missed from work due to the injury can be a strong piece of evidence.
Tax Returns: Particularly useful for self-employed individuals, tax returns can provide an overview of your annual earnings and help substantiate your claim for both lost wages and lost earning capacity.
Medical Records: These are vital to prove that your injury was severe enough to prevent you from working. Records should include details of your treatment, prognosis, and any recommendations for time off work.
Expert Testimony: For lost earning capacity claims, expert testimony often becomes necessary. Vocational experts can assess your ability to work, while medical experts can speak on the long-term implications of your injuries on your career. Financial experts may also be consulted to provide a detailed economic analysis.
Witness Statements: While not as strong as other forms of evidence, statements from coworkers, family, or friends can corroborate your claim, particularly if they can attest to your work habits, hours, and any career growth or opportunities missed due to the injury.
Contracts and Agreements: If you were under a contractual obligation for a particular job or project that you could not complete due to your injuries, these contracts can be used to establish lost income.
Sick Leave and Vacation Records: If you used paid time off to recover, records showing the depletion of your sick leave or vacation days can be submitted as evidence for lost wages.
Collecting comprehensive evidence is essential for substantiating your claim for lost wages and lost earning capacity in a New York personal injury case. Missing even one piece of evidence could severely impact the compensation you may be entitled to. For detailed guidance on collecting and presenting your evidence, consult experienced NYC personal injury attorneys. Call us now at (646) 647-3398.
Statute of Limitations in New York for Personal Injury Claims
Three-Year Time Limit: In New York, the general statute of limitations for personal injury claims is three years from the date of the accident. This means you have a three-year window to file your lawsuit, including claims for lost wages and lost earning capacity.
Medical Malpractice Exceptions: In cases involving medical malpractice, the statute of limitations is typically two and a half years from the date of the malpractice or from the end of continuous treatment rendered by the party you intend to sue.
Claims Against Government Entities: If your claim is against a government entity in New York, like the city or state, you have a much shorter timeframe to file a notice of claim—generally within 90 days of the incident.
Discovery Rule: For injuries that are not immediately apparent, New York law allows the statute of limitations to start from the date the injury was discovered or should have been discovered with reasonable diligence.
Claims on Behalf of Minors: If the injured party is a minor, the statute of limitations usually does not begin until the child turns 18, although there are exceptions and complexities to consider, especially in medical malpractice cases.
Tolling for Mental Incapacity: The statute of limitations may be tolled (paused) if the injured party is mentally incapacitated. Once mental capacity is regained, the standard statute of limitations will typically apply.
Wrongful Death: In the case of wrongful death claims, the statute of limitations is two years from the date of the decedent’s death.
Understanding the statute of limitations is critical in any personal injury claim, including those involving lost wages and lost earning capacity. Failure to file your claim within the appropriate timeframe can result in the loss of your right to seek any compensation. Don’t let time run out on your opportunity for justice; consult New York personal injury attorneys for your lost wages and earning capacity claims. Call us today at (646) 647-3398.
Pitfalls to Avoid
Delaying Medical Treatment: Waiting too long to seek medical treatment can not only harm your health but also weaken your personal injury claim. Immediate medical records serve as key evidence in substantiating your lost wages claim.
Ignoring Doctor’s Orders: Not following your healthcare provider’s advice and treatment plan can be seen as an indication that your injuries are not severe, jeopardizing your claims for lost wages and lost earning capacity.
Incomplete Documentation: Failing to maintain thorough records of your earnings, medical treatments, and other related expenses can make it difficult to prove your claim. Always keep all relevant paperwork and documentation.
Settling Too Early: Accepting a quick settlement offer may seem tempting, but it may not cover your long-term lost wages or earning capacity. Always consult with a lawyer before agreeing to any settlement.
Ignoring Legal Deadlines: Missing the statute of limitations deadline will lead to your case being dismissed, regardless of its merits. Always be aware of and adhere to these critical legal timelines.
Navigating a personal injury claim for lost wages and lost earning capacity can be complex and fraught with pitfalls. An error at any stage of the process could jeopardize your chance of securing adequate compensation. To ensure that your claim is handled correctly from start to finish, consult with experienced New York personal injury attorneys. For a comprehensive evaluation of your case, call us at (646) 647-3398.
Frequently Asked Questions
What Are Lost Wages?: Lost wages refer to the income you lose as a direct result of being unable to work due to an injury. This can include your regular salary, hourly wages, tips, and even benefits like vacation days that you were forced to use.
How Are Lost Wages Different from Lost Earning Capacity?: While lost wages cover the income lost from the time of the injury to the point of maximum medical improvement, lost earning capacity refers to the long-term loss of ability to earn money due to the injury.
Do I Need a Lawyer to Claim Lost Wages?: While it’s technically possible to file a claim for lost wages on your own, the process can be complicated and requires thorough documentation. Legal expertise is often crucial for maximizing your compensation.
What Evidence Do I Need for a Lost Wages Claim?: Essential evidence includes employment verification, pay stubs, tax records, and medical documentation that clearly shows the extent of your injuries and the recommended recovery time.
What If I’m Self-Employed?: If you’re self-employed, lost wages can still be claimed, but the process is more complicated. You will generally need to show a history of your earnings through tax returns, client invoices, and financial statements.
Is There a Time Limit to File a Claim in New York?: Yes, the general statute of limitations for personal injury claims, including lost wages and lost earning capacity, is three years from the date of the accident.
Each personal injury case involving lost wages and lost earning capacity is unique and often requires specialized legal advice for the best outcome. If you have more questions about your specific situation, consult with NYC personal injury attorneys who can guide you through the complexities of the law. Call us today at (646) 647-3398.
Why Choose The Orlow Firm?
At The Orlow Firm, we bring specialized expertise in personal injury cases to the table, particularly in claims involving lost wages and lost earning capacity. Our seasoned New York personal injury attorneys have a proven track record of successfully navigating the complexities of the legal system to secure maximum compensation for our clients. Our client-centric approach ensures that you’re not just another case number; we take the time to understand your specific circumstances, concerns, and objectives. With access to an extensive network of experts—from medical professionals to financial analysts—we’re well-equipped to build a compelling case for you.
We understand that pursuing a personal injury claim can be both emotionally and financially taxing. That’s why we operate on a contingency fee basis, meaning you only pay if we win your case. We also maintain multiple convenient locations across New York City, ensuring easy access for our clients. But what sets us apart the most is our commitment to ethical practices and transparent communication. We believe that keeping you informed and involved in your case is key to achieving the best possible outcome.
For a law firm that combines experience, specialization, and an unwavering commitment to client satisfaction, look no further than The Orlow Firm. To discuss how we can help maximize your personal injury claim for lost wages and lost earning capacity, call us today at (646) 647-3398.Read More
When you’ve suffered a personal injury, the impact goes beyond just physical pain and financial strain. Your quality of life can also suffer significantly, affecting your ability to enjoy daily activities, hobbies, and time with loved ones. In the realm of New York personal injury law, this is referred to as “Loss of Enjoyment of Life.” This comprehensive guide aims to shed light on this often-overlooked aspect of personal injury claims, offering key insights into the legal framework and how The Orlow Firm can assist you in maximizing your case in New York.
- Understanding the concept of “Loss of Enjoyment of Life” in New York’s personal injury law can help you make a more comprehensive claim.
- The Orlow Firm specializes in substantiating loss of enjoyment claims to help you receive the compensation you rightfully deserve.
- Knowing the types of injuries and accidents that commonly lead to loss of enjoyment can help you assess your own situation.
- Call (646) 647-3398 For A Free Case Evaluation.
What is Loss of Enjoyment?
In the state of New York, loss of enjoyment of life is recognized as a type of non-economic damage in personal injury claims. Unlike economic damages, which cover quantifiable losses like medical bills and lost wages, non-economic damages aim to compensate for intangible suffering. Loss of enjoyment falls under this category and can be claimed when a victim can no longer partake in activities or experience life as they did prior to their injury. Understanding the legal standing of loss of enjoyment in New York is crucial for developing a comprehensive claim strategy.
How The Orlow Firm Can Help You Maximize Your Claim for Loss of Enjoyment
When you’re grappling with a personal injury that has drastically reduced your quality of life, you need a strong legal advocate. That’s where The Orlow Firm steps in. We specialize in personal injury cases in New York, including the often intricate and overlooked aspect of loss of enjoyment of life.
- Expert Evaluation: One of the first steps we take is to conduct a thorough evaluation of your case to establish the extent of your loss of enjoyment. We may consult with life-care planners, vocational experts, and medical specialists to quantify your non-economic damages accurately.
- Gathering Evidence: Documenting your previous lifestyle and current limitations is vital. Our team will collate medical records, photographic evidence, testimonies from friends and family, and expert reports to build a robust case.
- Legal Strategies: Drawing upon years of experience, we will strategize the best way to present your case, whether in settlement negotiations or at trial. Our goal is always to maximize your claim, taking into account not only your loss of enjoyment but also other economic and non-economic damages you may have suffered.
- Effective Communication: We keep you informed throughout the legal process, ensuring that you understand each step and what it means for your case.
- Negotiation and Litigation: Whether it’s negotiating with insurance companies or arguing your case in court, we’re committed to representing your best interests zealously.
- No Win, No Fee: We operate on a contingency fee basis, which means you pay nothing unless we win your case. This ensures that you can access top-quality legal representation without worrying about upfront costs.
Don’t let the complexities of loss of enjoyment claims deter you from seeking the compensation you deserve. The Orlow Firm is well-equipped to navigate these complexities on your behalf. Call (646) 647-3398 for a free case evaluation.
Legal Framework in New York
Qualifying Conditions for Loss of Enjoyment Claims in New York: In the state of New York, loss of enjoyment of life falls under the category of “non-economic damages.” These damages are intended to compensate victims for intangible losses that can’t be easily quantified, such as the inability to partake in activities that bring joy, satisfaction, and fulfillment. New York law allows for the claiming of these types of damages, but there are specific conditions under which they may be claimed. Generally, these conditions include severe injury, long-term impairment, or a significantly altered lifestyle.
- New York’s Pure Comparative Negligence Law: This law allows injured parties to recover damages even if they are partly at fault for their injuries. The final award is reduced by the percentage of the plaintiff’s own negligence.
- Standard of Proof: The burden of proof falls on the plaintiff to demonstrate that the loss of enjoyment is a direct result of the defendant’s actions or negligence. This usually requires medical documentation, expert testimony, and sometimes even psychological evaluations.
Types of Cases Where Loss of Enjoyment Applies: Loss of enjoyment can be claimed in various types of personal injury cases in New York, including but not limited to, car accidents, medical malpractice, workplace injuries, and slip-and-fall incidents. It is crucial to consult NYC personal injury attorneys to assess whether your specific case qualifies for these types of damages.
- Damages Cap: New York does not have a cap on non-economic damages like loss of enjoyment, unlike some other states. This means that theoretically, there is no upper limit to the amount that can be awarded for this type of damage.
Documentation Required: To successfully claim loss of enjoyment, one must provide substantial evidence, such as medical records, expert testimony, or even personal diaries documenting the changes in one’s life due to the injury.
- Role of New York Courts: Courts play a crucial role in determining the value of loss of enjoyment damages. They consider factors such as the plaintiff’s age, severity of the injury, and the likelihood of a full recovery.
If you or a loved one has suffered an injury leading to a loss of enjoyment of life, it is crucial to understand the legal framework in New York surrounding these types of claims. New York personal injury lawyers can help guide you through this complicated legal landscape. Call (646) 647-3398 now for expert advice tailored to your situation.
Types of Loss of Enjoyment
Physical Impairment Affecting Enjoyment: Physical impairment is one of the most straightforward types of loss of enjoyment to identify. When an injury limits your ability to move or perform physical activities you once enjoyed, that’s a clear indication of physical impairment affecting your quality of life. For example, a spinal cord injury might prevent you from participating in recreational sports, or a broken arm could temporarily halt your ability to play a musical instrument.
- Psychological Impairment Affecting Enjoyment: Psychological impacts can be just as devastating as physical ones when it comes to loss of enjoyment. For instance, victims of traumatic events might develop anxiety or depression, which can hinder their ability to enjoy activities or social interactions that they previously found fulfilling.
Emotional Distress and Its Role: Emotional distress, although often linked with psychological impairment, deserves its own consideration. The trauma of an accident or injury can lead to severe emotional pain and suffering, such as fear, humiliation, or severe stress. Emotional distress can affect your ability to interact with loved ones, participate in social gatherings, or even venture outside the home, resulting in a loss of enjoyment of life.
- Effects on Daily Life: Loss of enjoyment can significantly affect your daily routine and the way you live your life. This may range from the inability to complete daily chores to the more severe impact of being unable to work or maintain relationships.
- Impacts on Family and Social Life: Beyond personal activities, loss of enjoyment can extend to social interactions and relationships. For example, if you were an active parent who took part in your child’s activities and can no longer do so due to injury, this not only affects you but also your relationship with your child.
- Temporary vs. Permanent Loss: It’s important to differentiate between temporary and permanent loss of enjoyment. Some injuries might lead to a short-term loss where you may eventually return to your regular activities, while others may cause a permanent alteration to your lifestyle. Both are compensable but will likely affect the amount awarded in a settlement or judgment.
Understanding the different types of loss of enjoyment can help you identify the full range of damages you may be entitled to. If you believe you have experienced a loss of enjoyment due to an injury, it is essential to consult NYC personal injury attorneys for an accurate evaluation of your case. Call (646) 647-3398 now for professional guidance on how to proceed with your claim.
Examples of Activities Affected
Sports and Recreation: Injuries can be devastating for athletes or anyone who enjoys physical activities. Whether you’re a marathon runner or someone who enjoys a weekend game of basketball, losing the ability to participate can dramatically affect your quality of life. Sports and recreational activities are often among the first things impacted when discussing loss of enjoyment.
- Social Interactions: Socializing is a fundamental human activity, and injuries can significantly limit your ability to engage in social gatherings. Whether it’s missing out on dinners, parties, or simple get-togethers with friends and family, the loss of social interactions can have a profound impact on your emotional well-being.
Hobbies and Passions: Creative outlets like painting, writing, or playing musical instruments are not just ways to pass time—they are integral to many people’s identities. Losing the ability to engage in these activities due to an injury can lead to a significant loss of enjoyment in life.
- Travel and Exploration: Many people find great joy in traveling, exploring new places, and experiencing different cultures. Severe injuries can severely limit or completely halt your ability to travel, causing a substantial loss of enjoyment.
- Career and Professional Growth: In some cases, your injuries might affect your career. Whether it’s not being able to stand for long periods, inability to focus due to chronic pain, or suffering from emotional distress that hinders your performance, your career trajectory can be severely impacted.
- Parental and Familial Duties: For parents, the inability to care for your children in the way you’re accustomed to can be heart-wrenching. Whether it’s not being able to play with them, drive them to activities, or simply perform daily care tasks, the impact on your family life is a form of loss of enjoyment.
Educational Pursuits: For students or lifelong learners, an injury can disrupt your educational goals. Whether it’s missing classes due to hospital visits or not being able to concentrate due to pain, this can lead to a loss of enjoyment and fulfillment in your educational journey.
Recognizing the activities affected by your injury is essential when claiming loss of enjoyment damages. This acknowledgment helps in providing a comprehensive picture of how your life has changed due to the accident or event that caused your injury. If you are experiencing a loss of enjoyment in any of these aspects, New York personal injury lawyers can help you navigate the complexities of making a valid claim. Call (646) 647-3398 now to discuss your situation with experts who can guide you through the legal process.
How to Prove Loss of Enjoyment in New York
Documentation and Evidence Needed: Proving loss of enjoyment in New York involves a variety of evidence types to substantiate your claim. Medical records are foundational and often required to show the extent of your injuries. These may include MRI scans, X-rays, treatment plans, and doctors’ notes explaining how your injury has impacted your life quality.
- Expert Witnesses: The testimony of medical professionals or psychologists can provide valuable insights into how your injuries have specifically led to a loss of enjoyment. Their expert opinions can validate your claim and potentially increase your compensation.
- Personal Testimony: Your own words can be a powerful tool in a loss of enjoyment claim. Your detailed descriptions of how the injuries have affected your daily life, altered your routines, and hindered your ability to partake in activities that once brought you joy can be incredibly impactful.
- Witness Testimonies: Friends, family members, and colleagues who have observed a significant change in your lifestyle can testify on your behalf. Their observations can corroborate your claims, providing a broader view of how the injury has affected your life.
Role of Photographs and Videos: Visual evidence like photographs or videos can be a compelling addition to your case. This could be footage of you participating in activities you can no longer enjoy or even ‘before and after’ photos that show a marked difference in your physical capabilities or appearance post-injury.
- Activity Logs or Diaries: Keeping a record of your daily activities and how they have changed since the injury can serve as tangible proof of your loss of enjoyment. Document instances where you had to avoid or could not fully participate in activities that you previously enjoyed.
- Comparative Lifestyle Analysis: A detailed comparison of your lifestyle before and after the injury can highlight the loss of enjoyment. This can include anything from a change in your exercise routine to missing out on family events or social gatherings.
Role of NYC Personal Injury Attorneys: Given the complexity of proving loss of enjoyment, it’s advisable to consult an attorney experienced in New York personal injury law. They can guide you on gathering the right evidence, prepare you for testimony, and help you identify expert witnesses to strengthen your case.
Proving loss of enjoyment in New York is a complex and often challenging process. An exhaustive compilation of evidence, expert testimonials, and a keen understanding of New York personal injury law are essential for a successful claim. If you are facing a situation where you believe you deserve compensation for the loss of enjoyment of life, don’t hesitate to consult with professionals who can guide you. Call (646) 647-3398 now for specialized legal advice.
Quantifying Loss of Enjoyment
Monetary Valuation: Quantifying loss of enjoyment is a challenging task, mainly because it involves assigning a monetary value to intangible experiences and emotional states. However, courts in New York often consider various factors to determine an appropriate amount for compensation.
- Economic Factors: While loss of enjoyment is considered a non-economic damage, the economic factors surrounding your case can influence its valuation. This can include your past and current wages, cost of medical care, and other quantifiable losses you’ve suffered.
- Severity of Injury: The more severe the injury, the greater the likely loss of enjoyment. Courts often use the medical evidence and expert testimony to gauge the extent of your injuries and, by extension, your suffering.
- Duration of Loss: How long you’re expected to experience this loss plays into how much can be awarded. Permanent injuries often result in higher compensation compared to temporary conditions that you may recover from.
- Quality of Life Comparisons: Courts may consider your life before and after the injury. Your age, lifestyle, and activity level prior to the incident can serve as benchmarks for understanding what you’ve lost.
Utilization of Industry Standard Multipliers: In some cases, New York courts or insurance companies may use multipliers to calculate non-economic damages like loss of enjoyment. This involves multiplying the economic damages (like medical bills and lost wages) by a certain factor, which varies depending on the specifics of the case.
Expert Economic Testimony: In complex cases, an economic expert might be called upon to quantify the loss of enjoyment. These experts use specialized methodologies to calculate a monetary value based on various factors, including lifestyle changes and missed opportunities.
- Jury Instructions: In cases that go to trial, the jury will often receive specific instructions regarding how to approach calculating loss of enjoyment. These instructions are generally formulated based on New York state laws and prior case precedents.
- Settlement Negotiations: During negotiations with insurance companies or opposing parties, your New York personal injury lawyer can use all of the above factors to advocate for a fair compensation amount that accurately reflects your loss of enjoyment.
Quantifying loss of enjoyment is not straightforward, but understanding the various components that courts consider can provide a clearer picture of how compensation is determined. If you are grappling with how to quantify the loss of enjoyment in your personal injury case, a consultation with experienced NYC personal injury attorneys can prove invaluable. Call (646) 647-3398 now for specialized legal guidance tailored to your needs.
Common Challenges in Loss of Enjoyment Claims
Subjectivity of Damages: One of the most significant challenges in making a claim for loss of enjoyment is the inherently subjective nature of the damages. Unlike medical bills or lost wages, loss of enjoyment doesn’t have a direct monetary value, making it difficult to quantify.
- Lack of Tangible Evidence: Unlike physical injuries, loss of enjoyment often lacks tangible evidence. This makes it harder to prove in court or during settlement negotiations. In such cases, the burden falls on your testimony and that of any expert witnesses to convincingly illustrate your loss.
- Credibility and Skepticism: Courts or insurance adjusters may be skeptical about the extent of your loss of enjoyment. If there is any question about the credibility of your claim, it can become significantly harder to get the compensation you deserve.
- Comparative Negligence: In New York, the concept of comparative negligence can complicate loss of enjoyment claims. If you are found to be partially responsible for the injuries that led to your loss of enjoyment, the amount of damages you can recover may be reduced accordingly.
- Cap on Damages: While New York doesn’t have a cap on most personal injury damages, there may be limitations on awards from governmental entities or in specific types of cases. These caps can reduce the amount you receive for loss of enjoyment.
- Legal Nuances: Loss of enjoyment claims involve intricate legal nuances that can vary from one jurisdiction to another within New York. Courts may interpret laws differently, and precedent cases can have an outsized influence on your claim’s outcome.
Complex Litigation: Proving loss of enjoyment can often lead to complex litigation involving multiple expert witnesses, a plethora of evidence, and extensive legal arguments. The process can be long and exhausting, requiring unwavering commitment to detail.
- Unfamiliarity with Legal Procedures: If you are not well-versed in New York personal injury law, you may find it challenging to navigate the legal maze, potentially undermining your loss of enjoyment claim.
Due to these challenges, it is critical to consult with skilled New York personal injury lawyers who have experience in handling loss of enjoyment claims. These experts can guide you through the maze of legal complexities and help you present a strong, credible case. For tailored advice on overcoming the challenges associated with loss of enjoyment claims, Call (646) 647-3398 now.
Statute of Limitations in New York
Three-Year Deadline for Personal Injury Claims: In New York, the general statute of limitations for personal injury claims, including those involving loss of enjoyment, is three years from the date of the incident. Failure to file your lawsuit within this period typically results in losing the right to seek compensation.
- Exceptions to the Rule: While the three-year limit is standard, there are exceptions. For example, if the injury involves a minor, the clock generally starts ticking on their 18th birthday. Another exception could be the discovery rule for cases where the injury was not immediately apparent.
- Government Claims: When the defendant is a governmental entity, different and often much shorter timelines apply. You may need to file a Notice of Claim within 90 days of the incident and then proceed with the lawsuit within a year and 90 days.
- Tolling for Disabilities: In certain circumstances, the statute of limitations may be tolled, or paused, due to a plaintiff’s physical or mental incapacity. However, there are specific conditions that must be met for this exception to apply.
- Wrongful Death Claims: If you are filing a claim for loss of enjoyment as part of a wrongful death lawsuit, the statute of limitations in New York is generally two years from the date of the person’s death.
- Contractual Agreements: In some cases, parties may agree to a different statute of limitations through a contractual agreement, although these are less common in personal injury cases.
Consequences of Missing the Deadline: Failure to adhere to the statute of limitations can have dire consequences. Courts are likely to dismiss cases filed after the deadline, barring some exceptional circumstances.
- Importance of Legal Assistance: Given the complexities surrounding statutes of limitations and the severe repercussions of missing deadlines, it is crucial to consult experienced New York personal injury attorneys as soon as possible after an injury occurs.
Understanding the statute of limitations is critical for any personal injury claim, including those for loss of enjoyment. Time is of the essence, and swift action is often necessary to preserve your rights and maximize your potential compensation. For a comprehensive understanding of how the statute of limitations could affect your loss of enjoyment claim, Call (646) 647-3398 now for expert legal advice.
Frequently Asked Questions
What is Loss of Enjoyment?
Loss of enjoyment refers to the reduced ability to participate in or enjoy activities and life experiences due to a personal injury. This is a form of non-economic damages, meaning it doesn’t have a direct monetary cost but significantly affects your quality of life.
- How is Loss of Enjoyment Proven in New York Courts?
To prove loss of enjoyment, you will need to present a variety of evidence like medical records, expert testimony, and personal affidavits. Documenting changes in your lifestyle and the activities you can no longer partake in can also be compelling evidence.
- How is Compensation for Loss of Enjoyment Calculated?
Courts consider several factors like severity of the injury, duration of suffering, and the lifestyle changes incurred. There is no fixed formula, but economic multipliers and expert testimony can be used to quantify the loss.
- Can I Claim Loss of Enjoyment in a Settlement?
Yes, loss of enjoyment can be included as part of a settlement negotiation. Your NYC personal injury attorney can guide you on how to properly quantify and substantiate this claim for settlement discussions.
- What is the Statute of Limitations for Loss of Enjoyment in New York?
The general statute of limitations for personal injury claims, including loss of enjoyment, is three years from the date of the injury. There are exceptions, particularly involving minors and government entities, which can alter this timeline.
- What Types of Injuries Commonly Result in Loss of Enjoyment Claims?
Severe physical injuries like spinal cord damage, traumatic brain injuries, and debilitating fractures often lead to loss of enjoyment claims. Psychological injuries such as PTSD can also be grounds for such a claim.
- Do I Need a Lawyer to Make a Loss of Enjoyment Claim?
While not legally required, having an experienced personal injury lawyer can greatly increase your chances of success. They can guide you in gathering evidence, identifying expert witnesses, and navigating the complex legal landscape of New York personal injury law.
- What Are the Common Challenges in Proving Loss of Enjoyment?
Challenges often involve the subjective nature of the claim, lack of tangible evidence, and legal complexities that can vary by jurisdiction. Skepticism from courts or insurance adjusters can also pose challenges.
For answers to any more specific questions you may have about loss of enjoyment in personal injury cases, or to consult about your particular situation, Call (646) 647-3398 now for professional advice from experienced New York personal injury lawyers.
Why Choose The Orlow Firm
Experienced Legal Team: At The Orlow Firm, our legal team has decades of combined experience in personal injury law, including specialized expertise in handling loss of enjoyment claims in New York. We’ve successfully represented clients in a wide array of personal injury cases, and our track record speaks for itself.
Personalized Approach: We understand that no two personal injury cases are alike. Our New York personal injury attorneys take the time to understand the unique aspects of your situation and tailor our legal strategy to maximize your compensation, including for loss of enjoyment.
Aggressive Representation: In a crowded legal field, it’s crucial to have a legal team that isn’t afraid to fight for your rights. We’re committed to aggressively pursuing the best possible outcome for you, whether that means negotiating a fair settlement or litigating in court.
Transparent Communication: We value open and transparent communication. At every stage of your case, we make it a point to keep you informed about the developments and what they mean for your loss of enjoyment claim.
Access to Expert Resources: We have established relationships with medical professionals, economic experts, and other specialists whose testimony can be invaluable when proving loss of enjoyment. These expert resources can add credibility and depth to your claim.
No Win, No Fee Structure: We operate on a contingency fee basis. This means you pay us only if we secure a settlement or win your case. This aligns our incentives with yours and ensures we’re fully committed to your case.
Statewide Coverage: While we are based in NYC, our reach extends throughout New York State. No matter where you are, our New York personal injury lawyers are accessible and ready to help.
Commitment to Client Satisfaction: We pride ourselves on high levels of client satisfaction. Our firm has received numerous accolades and testimonials from grateful clients who were satisfied with the results we achieved for them, particularly in complex loss of enjoyment cases.
Up-to-Date Legal Expertise: Laws and legal precedents change. Our team stays updated with the latest changes in New York personal injury law to ensure that your case is built on the most current and relevant legal foundations.
Free Consultation: We offer a free initial consultation to discuss the specifics of your case. This allows you to understand your options without any financial obligation.
Choosing the right legal representation can make or break your loss of enjoyment claim. With The Orlow Firm, you get a skilled, dedicated, and compassionate team fighting for your rights. For expert legal advice tailored to your unique circumstances, Call (646) 647-3398 now.Read More
Emotional distress is a term that many of us have heard but may not fully understand, especially in the legal context of a personal injury case. In New York, emotional distress can play a significant role in determining the extent of your damages and the compensation you may receive. This blog post aims to shed light on what emotional distress is, how it’s treated under New York law, and how you can potentially include it as part of your personal injury claim. Navigating the complexities of emotional distress can be challenging, but understanding its relevance can offer you a more comprehensive view of your legal options.
- Emotional distress can be an important part of your personal injury claim in New York, potentially increasing the amount of your compensation.
- Understanding how New York law addresses emotional distress can provide you with crucial insights into your case and the types of damages you may be eligible for.
- Call (646) 647-3398 For A Free Case Evaluation
What is emotional distress?
Emotional distress refers to the psychological impact suffered by an individual due to a traumatic event, negligence, or intentional wrongdoing by another party. In a personal injury context, emotional distress is considered a non-economic damage, meaning it’s not easily quantifiable like medical bills or lost wages. Examples include feelings of humiliation, anxiety, depression, or extreme fear. In some cases, emotional distress can be so severe that it impacts a person’s daily life and well-being, requiring psychological or psychiatric treatment.
How The Orlow Firm Can Help You Maximize Your Emotional Distress Compensation
Emotional distress claims can be complex and challenging to prove in a court of law. At The Orlow Firm, our experienced New York City personal injury attorneys are skilled in navigating the intricacies of emotional distress claims. We start by thoroughly investigating the circumstances surrounding your case, gathering evidence that can substantiate your emotional suffering. This can include medical records, witness testimonies, and expert evaluations.
Furthermore, we are adept at articulating the psychological and emotional impact of the distress in legal terms, making it more likely for you to receive the compensation you deserve. Our lawyers will guide you through the complicated legal process, ensuring that all required paperwork is filed accurately and on time, which is critical in New York’s stringent legal environment. With our help, you can maximize your chances of receiving a fair and comprehensive settlement or award that fully compensates you for both your physical and emotional injuries.
If you believe you have a valid emotional distress claim, don’t hesitate to Call (646) 647-3398 For A Free Case Evaluation.
What Can Victims of Emotional Distress Be Compensated For
In a New York personal injury case involving emotional distress, victims may be eligible for various types of compensation. These can include:
- Medical Expenses: Costs for psychological or psychiatric treatment, counseling sessions, and medication related to treating the emotional distress.
- Pain and Suffering: Compensation for the emotional and psychological discomfort you have endured due to the event that caused the emotional distress.
- Lost Wages: If your emotional distress has prevented you from working or has otherwise impacted your earning capacity, you may be eligible for compensation for lost wages.
- Quality of Life: Reduced enjoyment of life or limitations on daily activities can also be factors in determining the amount of compensation you may receive.
- Punitive Damages: In some cases, if the emotional distress was caused intentionally or through extreme negligence, you may be entitled to punitive damages, designed to punish the offender and deter similar conduct in the future.
Determining the extent of compensation often requires professional evaluations and detailed documentation. Therefore, it is crucial to consult experienced personal injury attorneys like those at The Orlow Firm to guide you through this complex process. Call (646) 647-3398 For A Free Case Evaluation.
Who’s Legally Liable for Causing Emotional Distress in New York
The liability for causing emotional distress can fall on various parties, depending on the circumstances surrounding the case. These parties can include:
- Individuals: In cases of intentional infliction of emotional distress, the person who acted egregiously or recklessly could be held liable.
- Employers: In workplace scenarios, an employer may be held liable if they or their employees caused emotional distress through harassment, discrimination, or extreme negligence.
- Business Entities: Companies can be liable if their actions or policies lead to widespread emotional distress, such as in cases of consumer fraud or harm caused by defective products.
- Medical Professionals: Doctors or healthcare providers may be liable if their negligence causes emotional distress, such as a misdiagnosis leading to unnecessary emotional suffering.
- Government Agencies: In some instances, public entities could be held responsible for emotional distress, like in cases of police misconduct.
Determining liability in emotional distress cases in New York can be complex and may require an in-depth investigation, including gathering evidence, witness interviews, and expert testimony. For a thorough evaluation of your case and to identify the parties that could be held liable for your emotional distress, consult with The Orlow Firm. Call (646) 647-3398 For A Free Case Evaluation.
Common Types of Emotional Distress Injuries
Emotional distress can manifest in various ways, affecting different aspects of an individual’s mental and emotional well-being. Here are some of the common types of emotional distress injuries:
- Anxiety: Excessive worry or fear that interferes with daily activities.
- Depression: Persistent feelings of sadness, hopelessness, and lack of interest in daily activities.
- Post-Traumatic Stress Disorder (PTSD): Chronic psychological issues stemming from a traumatic event, which could include flashbacks, nightmares, and severe anxiety.
- Insomnia: Difficulty falling asleep or staying asleep, which can lead to additional health issues.
- Phobias: Extreme or irrational fears related to specific objects or situations that lead to avoidance behavior.
- Panic Attacks: Sudden episodes of intense fear or anxiety that may include trembling, shaking, and difficulty breathing.
- Obsessive-Compulsive Disorder (OCD): Persistent, unwanted thoughts (obsessions) that lead to repetitive behaviors (compulsions).
Understanding the specific emotional distress injury you’re suffering from can help you and your legal team build a more compelling case. If you’re experiencing any of these types of emotional distress due to someone else’s negligence or intentional wrongdoing, it’s crucial to consult experienced personal injury attorneys like those at The Orlow Firm. Call (646) 647-3398 For A Free Case Evaluation.
Common Scenarios Leading to Emotional Distress in NYC Personal Injury Cases
Emotional distress can arise from a variety of scenarios, particularly in the bustling environment of New York City. Some common situations include:
- Car Accidents: The trauma of being involved in a vehicular accident can lead to long-term emotional distress.
- Medical Malpractice: Emotional distress can result from negligent medical care, such as a misdiagnosis, surgical error, or mistreatment.
- Workplace Harassment: Discrimination, bullying, or sexual harassment at work can lead to severe emotional and psychological damage.
- Wrongful Death: The loss of a loved one due to someone else’s negligence can cause extreme emotional distress.
- Slip and Fall Accidents: Beyond physical injuries, a slip and fall can lead to emotional trauma, especially if it happens in a public place, leading to embarrassment and ongoing fear of similar incidents.
- Dog Attacks: Being attacked by an aggressive animal can lead to lasting emotional trauma, including a fear of animals or going outside.
- Product Liability: Harm caused by defective or dangerous products can also result in emotional distress, especially if the harm was severe or involved children.
- Assault and Battery: Physical attacks can lead to both physical injuries and emotional distress.
If you find yourself in any of these situations and are experiencing emotional distress, consult with qualified personal injury attorneys to assess your case. The Orlow Firm specializes in handling various types of emotional distress cases and can guide you through the complex legal landscape of New York personal injury law. Call (646) 647-3398 For A Free Case Evaluation.
Relevant Laws Governing Emotional Distress Claims in New York
Emotional distress claims in New York are generally governed by personal injury law and can fall under either intentional infliction of emotional distress or negligent infliction of emotional distress.
- Intentional Infliction of Emotional Distress: This claim requires the plaintiff to prove that the defendant’s conduct was extreme and outrageous, intentionally or recklessly causing severe emotional distress.
- Negligent Infliction of Emotional Distress: This type of claim focuses on whether the defendant should have reasonably foreseen that their actions would lead to emotional distress. This is often more challenging to prove than intentional infliction.
New York law also allows for the “zone of danger” rule, permitting plaintiffs to recover for emotional distress if they were in immediate physical danger because of the defendant’s actions, even if they did not suffer physical injury.
Please note that emotional distress claims can be subject to various defenses, like statute of limitations or comparative negligence, making them complex to navigate.
Understanding these laws and how they apply to your specific case can be intricate and confusing. For a comprehensive understanding of your emotional distress claim, consult with The Orlow Firm’s experienced personal injury attorneys in New York City. Call (646) 647-3398 For A Free Case Evaluation.
Why Choose The Orlow Firm
When it comes to emotional distress claims in New York, the legal landscape can be challenging to navigate. Here’s why choosing The Orlow Firm can make all the difference in your case:
- Experienced Attorneys: Our team of personal injury lawyers specializes in handling emotional distress claims, offering you the expert guidance you need.
- Personalized Approach: We understand that every case is unique, and we provide tailored legal strategies to meet your specific needs.
- Thorough Investigation: We go the extra mile in investigating the circumstances of your claim, gathering all necessary evidence and expert testimony.
- No Win, No Fee: We operate on a contingency fee basis, meaning you don’t pay unless we win your case.
- Client-Focused: Our priority is you. We offer free case evaluations and are available for consultation at any time, ensuring that you’re kept in the loop throughout the legal process.
- Proven Track Record: Our history of successful emotional distress claims speaks for itself, positioning us as a trusted name in New York personal injury law.
When you’re facing the emotional and psychological toll of an emotional distress case, you want a law firm that understands not just the legal nuances but also the human aspects of what you’re going through. At The Orlow Firm, you’re not just another case; you’re a person deserving of justice and fair compensation. Call (646) 647-3398 For A Free Case Evaluation.
If you’ve been a victim of an accident in New York that led to personal injury, you may be well aware that the impact goes beyond medical bills and lost wages. The emotional and psychological toll—often referred to as “pain and suffering”—is a crucial part of your experience, and the law allows you to seek compensation for these non-economic damages. Understanding what constitutes pain and suffering in a New York personal injury case and how it is calculated can be complex. This comprehensive guide aims to shed light on this often misunderstood aspect of personal injury law in New York City.
- Pain and suffering include both physical pain and emotional distress and are considered non-economic damages in a personal injury case.
- Several factors, such as the severity of your injury and its impact on your daily life, are considered when calculating pain and suffering damages.
- Legal representation is essential to maximizing your compensation for pain and suffering.
- Call (646) 647-3398 For A Free Case Evaluation
By reading further, you’ll gain insights into the types of pain and suffering recognized by New York courts, how these damages are calculated, and how an experienced New York City personal injury attorney can help you maximize your case.
Types of Pain and Suffering in New York Personal Injury Law
In the legal landscape of New York personal injury cases, the term “pain and suffering” is often used to refer to the non-economic damages a victim may go through after an accident. These are damages that don’t have a specific monetary value but significantly affect the victim’s quality of life. In New York, pain and suffering can be broadly categorized into two types: physical pain and emotional suffering.
Physical Pain: This category pertains to the actual physical injuries you sustained in the accident. These could range from minor injuries like bruises and cuts to more severe injuries such as fractures, burns, or spinal cord injuries. Physical pain also takes into account any ongoing medical treatment, surgeries, or therapy required to treat these injuries, as well as any long-term or permanent physical impairments.
Emotional Suffering: Beyond the physical injuries, victims often experience emotional and psychological distress following an accident. This could manifest as anxiety, depression, loss of enjoyment of life, or even more severe conditions like Post-Traumatic Stress Disorder (PTSD). Emotional suffering also takes into account the victim’s changed relationship with friends and family, as well as any disruptions in day-to-day activities, hobbies, or work.
Consortium Loss: In some New York personal injury cases, a spouse can also claim for loss of consortium, which refers to the loss of companionship, emotional support, and intimate relations as a result of the victim’s injuries.
Quality of Life Impact: Sometimes, the injuries sustained can lead to permanent changes in your lifestyle. This could involve long-term care, use of mobility aids, or home modifications to accommodate disabilities. This category looks at how the injuries have permanently impacted your ability to enjoy and partake in life’s activities.
In essence, pain and suffering in New York personal injury law is multidimensional, covering both the physical and emotional aspects of a victim’s life. Understanding these types can help you better articulate your claims and seek the most comprehensive compensation possible. For personalized guidance tailored to your situation, call (646) 647-3398 for a free case evaluation.
How Pain and Suffering is Calculated in New York
In New York, pain and suffering are generally calculated using one of two methods: the “Multiplier Method” and the “Per Diem” approach.
Multiplier Method: This is the more commonly used method. Here, the economic damages (like medical bills and lost wages) are totaled and then multiplied by a number (usually between 1.5 and 5) based on the severity and impact of your pain and suffering. The resulting figure is considered a fair compensation for your non-economic damages.
Per Diem Method: This approach assigns a specific dollar amount for each day you’ve experienced pain and suffering, starting from the date of the accident until you reach “maximum medical improvement.” The daily rate is often based on your actual daily earnings.
Factors Affecting Calculation: Several factors can influence the final compensation amount. These include the severity of the injury, the type and duration of medical treatment required, the impact on daily life, and the emotional trauma suffered.
Jury’s Role: In cases that go to trial, the jury has a significant role in determining the amount awarded for pain and suffering. They will consider evidence like medical records, expert testimony, and the victim’s own account to arrive at a suitable compensation amount.
No Caps: Unlike some other states, New York does not impose a cap or limit on the amount of compensation that can be awarded for pain and suffering in most personal injury cases. This means that the jury has considerable discretion in awarding damages based on the facts of the case.
Calculating pain and suffering accurately requires deep understanding of the legal processes involved and can vary from case to case. For this reason, it’s vital to have an experienced New York City personal injury attorney guide you through the complexities of your case. To discuss your case and potential compensation, call (646) 647-3398 for a free case evaluation.
Factors Affecting Pain and Suffering Damages in NYC
Severity of Injury: The more severe your injuries, the higher the likely compensation for pain and suffering. Serious injuries that require extended medical treatment, surgeries, or result in permanent disability have a more significant impact on your quality of life.
Duration of Recovery: The length of time it takes for you to recover plays a role in calculating pain and suffering. Longer recovery periods often result in higher compensation due to the prolonged emotional and physical distress.
Impact on Daily Life: How the injury affects your everyday activities, relationships, and ability to work is crucial. The more disruptive the injury, the higher the potential for substantial pain and suffering damages.
Age and Pre-existing Conditions: Younger individuals may receive higher compensation due to the longer-lasting impact of an injury. Pre-existing conditions can also affect the calculation if they are worsened by the accident.
Medical Treatment: The type, length, and cost of medical treatment can influence pain and suffering damages. Ongoing treatments, multiple surgeries, or long-term medication can indicate a higher level of suffering.
Emotional Trauma: Psychological impacts like depression, anxiety, or PTSD are considered when calculating pain and suffering. Documented therapy or psychiatric treatment can serve as evidence of emotional suffering.
Witness Testimony: Testimonies from family, friends, or co-workers about how the injury has impacted your behavior, emotional state, and social interactions can also be considered.
Personal Accounts: Personal journals or video logs detailing your daily pain and emotional state can serve as compelling evidence in your case.
Legal Representation: Having an experienced NYC personal injury lawyer can significantly affect the amount you receive for pain and suffering. They can effectively present your case and negotiate for a fair settlement or represent you in court.
Understanding these factors can help you make a more informed decision about pursuing your personal injury claim for pain and suffering damages. Given the complexities involved, it’s beneficial to consult with an experienced personal injury law firm in New York. For personalized advice tailored to your case, call (646) 647-3398 for a free case evaluation.
Documentation for Substantiating Pain and Suffering
When pursuing a personal injury claim in New York for pain and suffering, presenting substantial evidence is crucial. Without adequate documentation, even the most legitimate claims may not receive fair compensation. Below, we outline the types of documentation that can substantiate your claims for pain and suffering damages.
Medical Records: One of the most compelling forms of evidence, medical records detail the extent of your injuries, the treatments you’ve received, and your recovery progress. They can also provide evidence of ongoing pain or long-term disabilities.
Photographs: Photos of your injuries, as well as the accident scene, can serve as tangible proof of your suffering and can supplement medical records in painting a complete picture of your experience.
Expert Testimonies: Medical professionals can testify to the extent of your injuries and how they affect your day-to-day life. Psychologists and psychiatrists can speak on emotional traumas you might be facing.
Personal Journals: Keeping a diary that tracks your daily pain levels, emotional state, and how your injuries affect your activities can serve as compelling evidence in court.
Witness Statements: Friends, family, and colleagues who have observed changes in your physical and emotional well-being can be called upon to provide statements about your pain and suffering.
Prescription Records: These can indicate the level of pain you’re experiencing and can also serve as evidence of emotional distress if you’ve been prescribed medication for anxiety or depression.
Financial Statements: While these primarily cover economic damages, they can also indirectly validate your claims for pain and suffering by showing the breadth of medical treatments you’ve needed.
Video or Audio Evidence: In some cases, video or audio clips that capture your physical and emotional state after the injury can serve as evidence. This can include surveillance footage or audio recordings of doctor’s evaluations.
Proper documentation is vital for maximizing your claim for pain and suffering damages in New York personal injury cases. Given the complex nature of gathering and presenting evidence, seeking legal guidance is strongly recommended.
For a comprehensive evaluation of your case and expert assistance in documenting your pain and suffering, call (646) 647-3398 for a free case evaluation.
Caps on Pain and Suffering Damages in New York
No Caps on General Damages: Unlike some states, New York does not have a cap on general damages for pain and suffering in personal injury cases. This means there’s no predetermined upper limit on the amount you can receive for non-economic damages like emotional distress or loss of enjoyment in life.
Exceptions for Medical Malpractice: It’s important to note that while there are no caps for general personal injury cases, New York does have a cap for non-economic damages in medical malpractice cases related to obstetric services. However, these caps only apply to the healthcare provider’s liability and not to the total amount a plaintiff can receive from all defendants.
Jury’s Discretion: Since there are no statutory caps on pain and suffering, the amount awarded is largely at the jury’s discretion. They consider various factors like the severity of the injury, its impact on your life, and the evidence presented.
Appeal and Reduction: While there are no caps, it is possible for a judge to reduce an award if they believe it to be “excessive” in light of the evidence presented. Likewise, an inadequate award can be appealed for a higher amount.
Comparative Negligence: New York follows a “pure comparative negligence” rule, which means that your compensation can be reduced by the percentage you are found to be at fault for the accident. This applies to both economic and non-economic damages, including pain and suffering.
The absence of caps on pain and suffering damages in New York personal injury law provides victims with the opportunity to claim full and fair compensation. However, successfully doing so often involves navigating a complex legal landscape, making it imperative to consult with a seasoned personal injury attorney. For more information and a tailored strategy to maximize your pain and suffering damages, call (646) 647-3398 for a free case evaluation.
How The Orlow Firm Can Help Maximize Pain and Suffering Compensation
Navigating a personal injury case in New York City is a complex process. This is especially true when you’re seeking compensation for intangible damages like pain and suffering. At The Orlow Firm, we have years of experience in representing victims and helping them secure the compensation they rightfully deserve. Here’s how we can assist you:
In-depth Case Evaluation: Our legal team will thoroughly assess your case to identify all possible areas of compensation, including both economic and non-economic damages.
Expert Collaboration: We work with medical experts, vocational analysts, and other professionals to provide a comprehensive evaluation of your pain, suffering, and other damages.
Documented Evidence: We’ll guide you in gathering all the necessary documentation that can substantiate your claims, making your case stronger for negotiations or a jury trial.
Skilled Negotiation: Our attorneys are skilled negotiators who will represent your best interests when dealing with insurance companies, aiming for a fair settlement that accurately reflects your pain and suffering.
Trial Readiness: If a fair settlement is not achievable, we are fully prepared to take your case to court. We’ll aim to present a compelling case to the jury to maximize your compensation for pain and suffering.
Personalized Approach: Every case is unique, and so is our approach. We’ll tailor our legal strategies to match the specific circumstances of your case, ensuring you receive individualized legal services.
By entrusting your case to The Orlow Firm, you’re not just getting legal representation; you’re gaining advocates who will stand by you every step of the way. To discuss the details of your case and find out how we can help maximize your compensation for pain and suffering, call (646) 647-3398 for a free case evaluation.
Pain and Suffering in Settlements vs. Court Judgments
When you’re seeking compensation for pain and suffering in a New York City personal injury case, you have two main routes: settling out of court or going to trial. Both options come with their own set of advantages and challenges. Below, we outline the differences between pain and suffering damages in settlements and court judgments.
Settlements: Advantages and Considerations
Speed and Certainty: Settlements are generally quicker and provide a guaranteed amount of compensation. This is often desirable for victims facing financial hardships.
Privacy: Settlements are private matters that don’t become part of the public record, offering you a level of discretion that’s not available in a court case.
Negotiation: In a settlement, your NYC personal injury attorney can negotiate directly with the opposing party, aiming to secure the best possible compensation for your pain and suffering.
Less Stress: Avoiding the courtroom can reduce emotional and psychological stress, which is particularly significant when you’re already dealing with physical and emotional pain.
Court Judgments: Advantages and Considerations
Potential for Higher Awards: If your case is strong, a jury may award a higher amount for pain and suffering than what you could negotiate in a settlement.
Public Record: Court judgments are public, which could either serve as a deterrent against negligent behavior or, conversely, could bring unwanted public attention to your situation.
Time-Consuming: Going to court can be a lengthy process, often taking several months or even years to reach a verdict.
Uncertainty: There’s always a risk that the jury may award a lower amount than expected, or even rule against you.
Understanding the pros and cons of settlements versus court judgments is essential for making an informed decision on how to proceed with your personal injury case. Given the complexities and potential pitfalls of both routes, consulting an experienced NYC personal injury attorney is highly recommended.
If you’re unsure about the best course of action for your specific case, The Orlow Firm can provide expert guidance. For a detailed evaluation of your case and personalized advice, call (646) 647-3398 for a free case evaluation.
FAQs About Pain and Suffering in New York Personal Injury Cases
Navigating a personal injury case in New York can bring up numerous questions, especially concerning pain and suffering damages. Below, we answer some frequently asked questions to provide clarity on this complex issue.
What Constitutes Pain and Suffering in New York?
Pain and suffering encompass both physical pain and emotional distress experienced due to an accident or injury. This can include anxiety, depression, loss of enjoyment of life, and other forms of emotional trauma.
How is Pain and Suffering Calculated?
There’s no definitive formula for calculating pain and suffering in New York. Factors like the severity of your injury, its impact on your daily life, and the quality of your documentation can all affect the amount awarded.
Is There a Cap on Pain and Suffering Damages?
No, New York does not impose a statutory cap on pain and suffering for general personal injury cases. However, there can be caps in specific instances, such as in medical malpractice cases related to obstetric services.
What Types of Evidence Can Support My Claim?
Evidence can include medical records, photographs of injuries, expert testimonies, personal journals, witness statements, and prescription records, among other things.
Can I Claim Pain and Suffering if I Was Partially At Fault?
Yes, New York follows a “pure comparative negligence” rule, meaning you can still claim damages even if you are partially at fault. However, your compensation will be reduced by the percentage of your fault.
How Long Do I Have to File a Claim?
The statute of limitations for personal injury cases in New York is generally three years from the date of the accident. However, there are exceptions and different timelines for specific types of cases.
Should I Settle or Go to Court?
Both options have pros and cons. Settlements are generally quicker but may offer lower compensation, while court judgments can potentially bring higher rewards but are riskier and more time-consuming.
How Can a Lawyer Help?
A skilled personal injury attorney can guide you through the complex legal process, help gather evidence, negotiate with insurance companies, and represent you in court, if necessary, to maximize your compensation.
Understanding the ins and outs of pain and suffering damages in New York personal injury cases can be challenging. For more tailored advice and a comprehensive case evaluation, call (646) 647-3398 for a free case evaluation.
Why Choose The Orlow Firm for Your Case
When you’re grappling with a personal injury and the resulting pain and suffering, you need an advocate who can stand up for your rights and seek the compensation you deserve. Here’s why The Orlow Firm should be your go-to choice for legal representation in New York City:
Expertise: With years of experience in New York personal injury law, our attorneys have the specialized knowledge needed to navigate complex cases and secure maximum compensation.
Personalized Approach: Every injury and victim is unique, and so is our approach to each case. We tailor our strategies to your specific circumstances, ensuring you receive personalized attention and legal services.
Resourceful Team: We collaborate with a network of experts, including medical professionals and forensic specialists, to build a compelling case that accurately reflects your pain and suffering.
Client-Centric: Our ultimate goal is your well-being and satisfaction. We take the time to understand your needs and concerns, and we’re always available to address any questions you may have.
Transparency: We maintain an open line of communication throughout your case. You’ll always know the status of your case, what to expect next, and how we’re fighting on your behalf.
Strong Negotiation Skills: We have a proven track record of securing fair settlements through skilled negotiations with insurance companies, saving you time and reducing stress.
Courtroom Ready: If a satisfactory settlement is not possible, we are prepared to take your case to trial. Our attorneys have the litigation experience to present your case convincingly in front of a jury.
No Upfront Fees: We work on a contingency basis, meaning you won’t owe us anything unless we win your case. This ensures that you have access to high-quality legal representation, irrespective of your financial situation.
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Understanding Comparative Negligence in Personal Injury Cases in New York
If you’ve been involved in an accident in New York and are considering filing a personal injury claim, you may have heard the term “comparative negligence.” But what does it mean, and how can it impact your case? Comparative negligence is a legal principle that could influence the amount of compensation you receive. In New York, this principle is especially crucial to understand, as it directly affects how fault and financial responsibility are determined. Whether you’re dealing with a car accident, slip and fall, or any other type of personal injury case, understanding comparative negligence can make a significant difference in the outcome of your legal proceedings.
- Comparative negligence is a legal concept in New York that can impact the amount of compensation you may receive in a personal injury claim.
- Understanding how comparative negligence is calculated can help you better prepare for your case.
- Comparative negligence laws are specific to New York and differ from contributory negligence laws in other states.
- Call (646) 647-3398 For A Free Case Evaluation
Key Differences Between Comparative and Contributory Negligence in New York Personal Injury Cases
When it comes to personal injury cases, the terms “comparative negligence” and “contributory negligence” are often used, but they are not interchangeable. Each represents a different legal doctrine that states may adopt to handle negligence claims. New York follows the comparative negligence model, and understanding the key differences between the two can be vital for anyone involved in a personal injury case.
Comparative Negligence: Under the comparative negligence model, each party’s degree of fault is calculated, and this proportion directly affects the amount of compensation they may receive. In New York, even if you are partially at fault for an accident, you can still recover damages. Your compensation will be reduced by the percentage of your fault. For example, if you were found to be 30% at fault in a car accident and were awarded $100,000, you would actually receive $70,000 after the 30% reduction.
Contributory Negligence: On the other hand, contributory negligence operates under an “all or nothing” principle. In states that follow this model, if you are found to be even 1% at fault, you are barred from recovering any damages. This can be extremely harsh and often leads to unfair outcomes where victims get nothing even if they were only minimally responsible for the accident.
Financial Consequences: In comparative negligence states like New York, the financial burden is often distributed more equitably among all parties involved, according to their level of responsibility. In contrast, contributory negligence states can result in one party shouldering all the financial consequences, even if they were only slightly at fault.
Insurance Implications: Comparative negligence also affects how insurance claims are handled. In New York, insurance companies will assess the fault percentage to determine your claim’s value. In contributory negligence states, you may find it much more difficult to get any payout from an insurance company if you’re found to be even slightly at fault.
Legal Strategies: In New York, legal strategies might focus on reducing your percentage of fault to maximize your compensation. In contributory negligence states, the emphasis is usually on proving that the plaintiff is completely fault-free, which can be a much higher hurdle to overcome.
Understanding the differences between comparative and contributory negligence is crucial for anyone involved in a personal injury case in New York. If you have more questions or need personalized guidance, call (646) 647-3398 for a free case evaluation.
How Comparative Negligence Affects Your Compensation
In New York, the principle of comparative negligence plays a significant role in determining your compensation in a personal injury case. Essentially, your level of fault is assessed as a percentage, and this percentage is then used to reduce your overall compensation. This ensures that you are only compensated for the portion of the accident for which you were not responsible.
Let’s say you’re involved in a slip and fall accident at a retail store and sustain injuries costing $50,000 in medical bills, lost wages, and other damages. After evaluating all the evidence, the court determines that the store was 80% at fault for not maintaining the premises properly, but you were 20% at fault for not paying attention to where you were walking.
In this scenario, your compensation of $50,000 would be reduced by your 20% fault. You’d receive 80% of $50,000, which equals $40,000. This system allows for a more nuanced allocation of fault and financial responsibility.
This percentage of fault doesn’t just apply to your interactions with the other party involved; it also impacts insurance claims. Insurance companies use your percentage of fault to calculate how much they are willing to pay out for a claim. If you’re found to be 30% at fault, expect your potential insurance payout to be reduced by that percentage.
This system makes it vital to collect as much evidence as possible to support your case. Photos, witness accounts, and expert testimony can all serve to reduce your percentage of fault and thus increase your final compensation. Legal representation can also be a significant factor in minimizing your fault percentage. An experienced personal injury attorney can build a strong case to prove that you were less at fault, helping you to secure the maximum possible compensation.
If you are facing a personal injury case in New York and are concerned about how comparative negligence might affect your claim, it’s crucial to consult with an experienced attorney. Call (646) 647-3398 for a free case evaluation.
How New York Courts Calculate Comparative Negligence
In New York, the process of calculating comparative negligence is a nuanced and multi-step procedure that involves both factual and legal evaluations. During a trial, both sides will present evidence and arguments to establish the degree of negligence attributable to each party. The jury or judge will then assess these factors and assign a percentage of fault to each involved party.
- Presentation of Evidence: Both parties will present evidence such as photographs, eyewitness testimony, expert opinions, and accident reports. This evidence aims to show who was at fault and to what degree.
- Legal Arguments: Attorneys for both sides will make legal arguments based on the evidence, trying to either minimize or maximize the comparative fault of the involved parties.
- Jury Instructions: If the case goes to trial, the judge will provide the jury with instructions on how to consider the laws and evidence pertaining to comparative negligence. The jury is then tasked with determining each party’s percentage of fault.
- Assigning Percentages: After evaluating all evidence and arguments, the jury or judge assigns a percentage of fault to each party. This percentage indicates how much each party’s negligence contributed to the accident and the resulting injuries.
- Adjustment of Damages: The final compensation is then calculated based on these percentages. If a plaintiff is awarded $100,000 in damages but is found to be 25% at fault, their compensation would be reduced to $75,000 (i.e., $100,000 minus 25%).
- Appeals: Either party has the right to appeal the court’s decision, including the calculated percentages of comparative negligence. An appeal would require a higher court to review the case, and there’s a chance that the percentages could be revised.
Understanding how comparative negligence is calculated in New York courts can offer you valuable insights into your personal injury case. It highlights the importance of gathering strong evidence and hiring a competent attorney to represent your interests. If you’re concerned about how comparative negligence might affect your compensation, don’t hesitate to call (646) 647-3398 for a free case evaluation.
The Role of Evidence in Proving Comparative Negligence
Evidence plays a pivotal role in establishing the degree of comparative negligence in New York personal injury cases. Given that your compensation may be reduced based on your percentage of fault, presenting strong evidence can help minimize your liability and maximize your payout. Here are some key types of evidence often used in these cases:
- Photographic and Video Evidence: Capturing the accident scene, your injuries, and any hazards or conditions that contributed to the accident can provide a visual account of what happened. These can be compelling when presented in court.
- Eyewitness Testimony: Witnesses can offer a third-party perspective on the accident, which can either support or undermine claims of comparative negligence.
- Expert Opinions: Specialists like accident reconstruction experts, medical experts, or occupational therapists can offer professional assessments that lend credibility to your case.
- Police and Accident Reports: Law enforcement reports often contain assessments of fault or describe conditions like weather or road conditions that could have contributed to the accident. These reports can be powerful pieces of evidence.
- Medical Records: These can help establish the severity of your injuries and by extension, the possible negligence of the other party involved. They can also show the duration and impact of your injuries, which can affect the overall compensation.
- Personal Testimony: Your own account of events, while subject to scrutiny, is also a form of evidence. However, be aware that this can be a double-edged sword if inconsistencies appear in your story.
- Records of Communication: Text messages, emails, or any other forms of communication between you and the other party or even witnesses can sometimes serve as evidence. They might contain admissions of guilt or other statements that could influence your degree of fault.
- Surveillance Footage: Cameras from traffic lights, businesses, or other sources may capture the incident and can provide unbiased evidence that can confirm or refute claims made by either party.
- Vehicle Data: In cases of car accidents, information extracted from the vehicles involved can indicate speed, direction, and other factors that could influence comparative negligence.
If you’re involved in a personal injury case in New York, gathering and presenting strong evidence can significantly impact how comparative negligence is applied and, ultimately, the amount of compensation you can recover. For a tailored evaluation of your case and expert guidance, call (646) 647-3398 for a free case evaluation.
The Impact on Insurance Claims
Understanding comparative negligence is not only essential for court proceedings but also significantly affects how insurance claims are handled in New York. Insurance adjusters routinely consider comparative negligence when assessing the value of a claim. Here’s how it impacts your interaction with insurance companies:
- Initial Claim Assessment: Once you file a claim, insurance adjusters will conduct their investigation. They will consider police reports, witness statements, and other evidence to establish fault percentages, similar to a court of law.
- Negotiation Leverage: Knowing how comparative negligence works can provide you with better leverage when negotiating with insurance adjusters. Armed with the right evidence and a good understanding of New York’s comparative negligence laws, you can challenge any attempt by an insurance company to unfairly increase your percentage of fault.
- Claim Value: Your compensation from an insurance claim will be adjusted based on your percentage of fault. If the adjuster determines that you were 20% responsible for the accident, your compensation will be reduced by that percentage.
- Policy Renewals and Premiums: Your level of fault in an accident may also impact your insurance premiums and policy renewals. Being found at fault to a significant degree could result in higher premiums or even non-renewal of your policy.
- Subrogation: If your insurance company pays out your claim and then seeks to recover those costs from the other party’s insurance, the degree of your fault can impact the amount they are able to recover. This, in turn, might affect your future premiums and the insurer’s willingness to maintain your policy.
- Uninsured and Underinsured Motorist Claims: In these cases, your own insurance may have to cover your damages. Comparative negligence can also play a role here in determining how much of the claim your insurer will cover.
- Legal Assistance: Because insurance companies have their own interests at heart and are well-versed in the laws, having a knowledgeable personal injury attorney can be invaluable in navigating the complex issues surrounding comparative negligence in insurance claims.
In summary, comparative negligence is a vital concept to understand not only for your personal injury lawsuit but also for any related insurance claims. Knowing how it works can help you be better prepared and possibly receive a more favorable settlement. For more specific guidance tailored to your situation, call (646) 647-3398 for a free case evaluation.
How to Defend Against Claims of Comparative Negligence
If you’re involved in a personal injury case in New York, it’s almost certain that the concept of comparative negligence will come into play. The other party or their insurance company may attempt to place some of the blame on you to reduce their financial liability. Defending against these claims effectively can help you maximize your compensation. Here are some strategies to consider:
- Collect Comprehensive Evidence: The more evidence you can provide to establish the other party’s negligence or fault, the stronger your defense against any claims of comparative negligence. This includes photographs, eyewitness accounts, and expert testimony.
- Prompt Legal Representation: Consulting a personal injury attorney as soon as possible can provide you with insights into how to defend against claims of comparative negligence. An experienced lawyer can guide you through the legal process and help you build a strong case.
- Question Credibility: One effective way to defend against claims of comparative negligence is to question the credibility of the evidence presented by the other side. This can include scrutinizing witness testimonies, pointing out inconsistencies in their story, or challenging the qualifications of their experts.
- Establish Clear Causation: Show that the other party’s negligence was the primary or sole cause of the accident and resulting injuries. The clearer the causation, the less likely you’ll be found partially at fault.
- Counter with Contributory Factors: While establishing your case, point out other contributing factors like hazardous conditions or third-party involvement that could have contributed to the accident. This can help divert some of the blame placed on you.
- Leverage Precedents: Legal precedents set by similar cases can sometimes be used to defend against claims of comparative negligence. Your attorney can research such cases to find precedents that are favorable to your situation.
- Negotiate Assertively: With strong evidence and legal representation, you can negotiate more assertively with insurance adjusters or opposing counsel, making it less likely that you’ll have to accept a high percentage of fault.
- Be Prepared for Trial: Sometimes negotiations fail, and the case goes to trial. In such instances, being prepared to defend against comparative negligence in court is crucial. This involves having a well-structured case backed by strong evidence and expert testimonies.
- Documentation and Records: Keep all communication, bills, medical records, and other forms of documentation. These records can sometimes provide overlooked details that could help defend against claims of comparative negligence.
- Consult Medical Experts: Medical testimony can help correlate the extent of your injuries directly to the other party’s actions, diminishing your percentage of fault.
If you’re concerned about how to defend against claims of comparative negligence in a New York personal injury case, consulting an experienced attorney should be your first step. For personalized guidance tailored to your case, call (646) 647-3398 for a free case evaluation.
New York Laws and Legislation on Comparative Negligence
In New York, comparative negligence is governed by Article 14-A of the New York Civil Practice Law & Rules, specifically CPLR Section 1411. This legal framework outlines how the state handles negligence and liability in personal injury cases, allowing victims to recover damages even if they are partially at fault for their injuries. Here’s what you need to know about the laws and legislation:
- Pure Comparative Negligence: New York follows the rule of “pure comparative negligence.” This means that a victim can still recover damages even if they are found to be 99% at fault. However, their compensation will be reduced in proportion to their percentage of fault.
- Percentage of Fault: Under New York law, the judge or jury is responsible for determining each party’s percentage of fault after assessing all the evidence and arguments.
- Adjustment of Damages: Once the percentage of fault is established, the victim’s total compensation will be reduced accordingly. For example, if a victim was awarded $100,000 in damages but was found to be 30% at fault, they would receive $70,000.
- Joint and Several Liability: New York has modified its laws regarding joint and several liability. In some cases, defendants who are less than 50% at fault may only be responsible for non-economic damages proportional to their percentage of fault.
- Application Across Cases: The principles of comparative negligence in New York apply to various types of personal injury cases, including car accidents, slip and fall incidents, and medical malpractice, among others.
- Impact on Insurance: New York’s comparative negligence laws also affect how insurance companies handle claims. Insurers will generally perform their own assessments of fault and may try to use comparative negligence to reduce the claim amount.
- Legal Defenses: Defendants often use comparative negligence as a defense to either completely avoid or minimize their financial responsibilities. This makes it crucial for the plaintiff to provide strong evidence that minimizes their own degree of fault.
- Appeal Rights: The established percentages of fault can be appealed in higher courts, but this is generally a complex and time-consuming process that may or may not result in a more favorable outcome.
Understanding New York’s comparative negligence laws is crucial for anyone involved in a personal injury case in the state. These laws will not only determine your ability to claim compensation but also how much you’re likely to receive. If you’re uncertain about how New York’s comparative negligence laws apply to your case, consult an experienced attorney for personalized advice. Call (646) 647-3398 for a free case evaluation.
Statute of Limitations in Comparative Negligence Cases
In New York, the statute of limitations for personal injury cases, including those involving comparative negligence, is generally three years from the date of the accident. It’s crucial to be aware of these time limits for several reasons:
- Filing Deadline: Missing the deadline to file a lawsuit may result in losing the right to claim any compensation. Even if you’re partially at fault, you can still recover a portion of the damages under New York’s comparative negligence laws.
- Tolling Exceptions: In specific circumstances, such as if the victim is a minor or mentally incapacitated, the statute of limitations may be “tolled” or paused. However, these exceptions are limited and highly case-specific.
- Claim against Government Entities: If you’re filing a claim against a government entity, the statute of limitations is generally much shorter, often requiring notice within 90 days of the incident and filing a lawsuit within one year and 90 days.
- Insurance Claims: While the statute of limitations applies to lawsuits, insurance claims have their own deadlines that can be much shorter. Failure to promptly report the accident to the insurance company may compromise your claim.
- Evidence Preservation: The sooner you begin the legal process, the better the chances of preserving essential evidence to support your case. Over time, evidence may be lost, and witnesses’ memories may fade.
- Legal Strategy: Being aware of the statute of limitations can affect your legal strategy. If you’re approaching the deadline, you may have less time to gather evidence to counter claims of comparative negligence, potentially affecting your compensation.
- Settlement Negotiations: Knowing the statute of limitations can also impact settlement negotiations. As the deadline approaches, the other party might be less willing to negotiate, expecting that you’ll run out of time to file a lawsuit.
- Case Complexity: In more complex cases, such as medical malpractice or product liability where comparative negligence may also be a factor, different statutes of limitations may apply, and early consultation with an attorney is advised.
Understanding the statute of limitations and its impact on a comparative negligence case is critical for securing the compensation you deserve. For advice tailored to your specific case and to ensure you meet all legal deadlines, call (646) 647-3398 for a free case evaluation.
FAQs About Comparative Negligence
- What is Comparative Negligence?: Comparative negligence is a legal principle that allows a victim in a personal injury case to recover damages even if they are partially at fault for the accident. The amount of compensation is reduced based on the victim’s percentage of fault.
- How Does New York Apply Comparative Negligence?: New York uses a “pure” comparative negligence system. This means you can recover damages even if you’re 99% at fault, but your compensation will be reduced by your percentage of fault.
- How is Fault Determined?: In New York, the judge or jury will determine the percentage of fault for each party involved after reviewing all the evidence, including eyewitness accounts, photographs, and expert testimony.
- Can I Still File an Insurance Claim?: Yes, you can still file an insurance claim. However, insurance companies often have their own methods for determining fault and may use comparative negligence as a reason to reduce your settlement amount.
- What Types of Cases Does Comparative Negligence Apply to?: Comparative negligence can be a factor in various types of personal injury cases, including car accidents, slip and falls, and medical malpractice.
- How Does Comparative Negligence Affect My Compensation?: Your total awarded compensation will be reduced by your percentage of fault. For example, if you’re awarded $100,000 but are found to be 30% at fault, you’ll receive $70,000.
- What is the Statute of Limitations for These Cases?: The general statute of limitations for personal injury cases in New York is three years from the date of the accident. Certain exceptions and different timeframes apply to claims against government entities.
- How Can I Defend Against Comparative Negligence Claims?: Collect strong evidence, consult a personal injury lawyer, and consider legal strategies that can help you minimize or nullify claims of comparative negligence against you.
- What is Joint and Several Liability?: In New York, joint and several liability may apply, meaning multiple defendants could be held responsible for the full amount of damages. However, in certain cases, a defendant who is less than 50% at fault may only be responsible for non-economic damages in proportion to their fault.
- Why Do I Need an Attorney?: An experienced personal injury attorney can guide you through the complexities of comparative negligence laws, help you collect evidence, and represent you in negotiations or in court to maximize your compensation.
If you have more questions about how comparative negligence could impact your personal injury claim in New York, call (646) 647-3398 for a free case evaluation.
How The Orlow Firm Can Help Maximize Your Case
When it comes to navigating the complexities of comparative negligence laws in New York, The Orlow Firm stands as a formidable advocate for victims seeking justice and compensation. Here’s how we can make a significant difference in your case:
- Expert Legal Advice: Our team of experienced personal injury lawyers provides personalized legal counsel, ensuring you understand how New York’s comparative negligence laws apply to your unique situation.
- Strong Evidence Collection: We conduct a thorough investigation to gather all relevant evidence, from accident reports and medical records to eyewitness accounts and expert testimonies, to build a compelling case in your favor.
- Skilled Negotiation: Armed with evidence and expertise, we negotiate aggressively with insurance companies and opposing lawyers to ensure you get the fair settlement you deserve, taking into account New York’s specific comparative negligence rules.
- Court Representation: If a fair settlement cannot be reached, our lawyers are prepared to represent you in court, fighting diligently to minimize your fault percentage and maximize your compensation.
- Joint and Several Liability: We will explore all avenues to identify multiple liable parties, where applicable, to further bolster your claim and potentially increase your compensation under New York’s joint and several liability laws.
- Financial Analysis: Our team will conduct a detailed analysis of your damages, including medical expenses, lost wages, and pain and suffering, to determine the full scope of your deserved compensation.
- Statute of Limitations: We ensure that all necessary legal procedures are conducted within the required timeframe, protecting your right to pursue a claim.
- Appeals and Legal Strategy: If necessary, we are prepared to file appeals or implement other legal strategies to contest any unfavorable decisions, always with the goal of securing the best possible outcome for you.
- Transparent Communication: Throughout the process, we maintain open lines of communication, keeping you informed and involved in all important decisions regarding your case.
- No Win, No Fee: We operate on a contingency fee basis, meaning you pay nothing unless we successfully recover compensation on your behalf.
When you choose The Orlow Firm, you’re not just getting a lawyer; you’re gaining a dedicated team committed to fighting for your rights and maximizing your compensation under New York’s comparative negligence laws. Call (646) 647-3398 for a free case evaluation.
Understanding Punitive Damages in New York Personal Injury Cases
When you’ve been the victim of a personal injury due to someone else’s misconduct, you’re often eligible to receive compensatory damages to cover your medical expenses, lost wages, and emotional pain. However, there’s another type of damage award that’s less commonly understood but can significantly impact your case—punitive damages. Unlike compensatory damages, which aim to make the victim ‘whole’ again, punitive damages serve as a form of punishment for the liable party and a deterrent against similar conduct in the future. This blog post delves into the complexities of punitive damages in New York, from the criteria for awarding them to how The Orlow Firm can help you maximize your case.
- Understanding the Unique Nature of Punitive Damages in New York: Punitive damages go beyond mere compensation; they aim to penalize the wrongdoer and deter similar conduct.
- Criteria and Circumstances for Awarding Punitive Damages: Not all personal injury cases qualify for punitive damages. Knowing the circumstances under which they are awarded can be crucial.
- Call (646) 647-3398 For A Free Case Evaluation: Speak with experienced NYC Personal Injury Lawyers at The Orlow Firm to understand if your case qualifies for punitive damages.
Feel free to adjust the content as needed before publishing. Remember, this blog aims to help you and your clients understand the specifics of punitive damages in personal injury cases in New York City.
How The Orlow Firm Can Help Maximize Your Punitive Damages
Successfully securing punitive damages in a New York personal injury case requires a distinct set of legal skills and a deep understanding of both the state’s laws and the circumstances surrounding your injury. This is where The Orlow Firm comes in. Our team of seasoned NYC Personal Injury Lawyers has the expertise to evaluate the nuances of your case and determine if it qualifies for punitive damages.
- Specialized Expertise in New York Personal Injury Law: The Orlow Firm brings years of experience specifically in New York personal injury cases, allowing us to navigate the state’s complex legal landscape efficiently.
- Case Evaluation for Eligibility: We meticulously evaluate the circumstances of your case to determine if it qualifies for punitive damages, something that not all personal injury cases can claim.
- Gathering Strong Evidence: Our legal team is skilled at gathering the necessary evidence to demonstrate not just negligence but also malicious intent or reckless disregard for safety, which is crucial for securing punitive damages.
- Expert Witness Collaboration: The Orlow Firm collaborates with expert witnesses who can substantiate your case and help the court understand why punitive damages are warranted in your specific situation.
- Legal Strategy and Representation: From the pre-trial motions to the final arguments, our attorneys craft a compelling case to not only secure compensatory damages but also to maximize the possibility of punitive damages.
- Negotiation Skills: If your case goes to a settlement before a trial, our lawyers have the negotiation skills to ensure that punitive damages are not overlooked during the process.
- Trial Experience: Should your case go to trial, you’ll want a legal team with a proven track record in the courtroom. The Orlow Firm has successfully represented clients in trials, securing both compensatory and punitive damages.
- Client-Centric Approach: We keep you informed at every stage of your case, ensuring that you’re aware of the proceedings and understand the strategies employed to maximize your punitive damages.
- Contingency-Based Fees: You don’t pay unless we win your case, allowing you to pursue punitive damages without the burden of upfront legal fees.
When you’re dealing with a personal injury case where punitive damages are a possibility, it’s critical to have experienced legal support to guide you through the complexities of New York law. Call (646) 647-3398 today for a free case evaluation and take the first step toward maximizing your compensation.
Criteria for Awarding Punitive Damages in New York
In personal injury cases, damages are usually categorized as compensatory or punitive. While compensatory damages aim to make the victim whole again by covering medical expenses, lost wages, and other tangible losses, punitive damages serve a different purpose. They are meant to punish the defendant for particularly egregious or reckless behavior and to deter similar conduct in the future.
If you believe your personal injury case may qualify for punitive damages, it’s crucial to consult with experienced New York personal injury lawyers like The Orlow Firm. Call us today at (646) 647-3398 for a free consultation.
Legal Standards for Punitive Damages in New York
In New York, the awarding of punitive damages is not automatic, even in cases involving severe injuries or blatant misconduct. Courts consider multiple factors before awarding these damages. Below are some of the legal standards and criteria for punitive damages in New York:
Malice or Reckless Disregard
For punitive damages to be awarded, the defendant’s conduct must go beyond mere negligence. The actions should exhibit malice or a reckless disregard for the rights of others. For example, if a driver intentionally runs a red light while speeding, leading to an accident, punitive damages may be considered.
The defendant’s actions should have the potential for or have already caused significant harm to the public. This is to ensure that the punitive damages serve their role in discouraging similar harmful behavior.
Courts may award punitive damages if they find that the defendant’s actions were driven by financial gain, disregarding the potential for causing harm. For instance, if a company knowingly sells a dangerous product to maximize profits, punitive damages may be awarded.
Frequency of Misconduct
If the defendant has engaged in the same harmful conduct repeatedly, this could also weigh in favor of awarding punitive damages.
Ratio to Compensatory Damages
New York courts often look at the ratio between compensatory and punitive damages. While there is no fixed ratio, a disparity that is too large may be considered unconstitutional.
Clear and Convincing Evidence
In New York, the plaintiff must demonstrate through clear and convincing evidence that the defendant’s actions were egregious or malicious enough to warrant punitive damages. This is a higher standard than the ‘preponderance of the evidence’ typically required in personal injury cases.
Understanding the criteria for awarding punitive damages in New York can be complicated. If you believe you may be entitled to punitive damages, it’s essential to speak with a knowledgeable New York City personal injury attorney. Reach out to The Orlow Firm at (646) 647-3398 for expert guidance.
What Can the Victim Be Compensated For Through Punitive Damages
Punitive damages are distinct from compensatory damages in that they are not designed to compensate the victim for actual losses. Instead, their primary function is to serve as a form of punishment for the defendant’s outrageous or malicious behavior and to deter similar conduct in the future. However, the award for punitive damages goes to the plaintiff, adding an extra layer of financial relief in addition to compensatory damages.
If you have questions about what types of compensation you could receive, including punitive damages, call The Orlow Firm at (646) 647-3398. Our skilled New York personal injury lawyers can provide valuable insight tailored to your specific case.
No Specific Categories of Compensation
Unlike compensatory damages, which are intended to cover specific types of losses like medical expenses, lost wages, and emotional distress, punitive damages do not have specific categories of compensation. The amount is often determined by the court and is generally based on the severity of the defendant’s misconduct, rather than the extent of the victim’s losses.
Additional Financial Relief
Punitive damages offer an additional source of financial relief for the victim. This extra amount can be particularly helpful in cases where compensatory damages do not adequately cover all the financial and emotional hardship suffered by the victim.
While not a form of compensation in the traditional sense, the award of punitive damages can bring emotional satisfaction to the victim by recognizing the severity of the defendant’s wrongful actions. Knowing that the defendant is being financially punished can provide a sense of justice and closure.
Funding for Future Legal Actions
In some cases, victims use the punitive damages award to fund future legal actions, either related to their own ongoing issues or to assist others who have been similarly wronged.
Important Points to Consider
It’s worth noting that punitive damages are not awarded in every personal injury case. Their applicability and amount can vary widely based on the specific circumstances of the case and the skill of your legal representation. Also, New York law may have caps or limitations on punitive damages, depending on the type of case.
To understand your options for pursuing punitive damages, consult with an experienced New York City personal injury attorney. Contact The Orlow Firm today at (646) 647-3398 for a comprehensive evaluation of your case.
Who’s Legally Liable for Punitive Damages in NYC Personal Injury Cases
Determining who is legally liable for punitive damages in New York City personal injury cases is a crucial aspect of your legal journey. The liability may not be limited to the individual who directly caused the harm; in some cases, organizations or employers may also be held responsible. To discuss the specifics of your case and identify potentially liable parties, reach out to The Orlow Firm at (646) 647-3398.
Parties Potentially Liable for Punitive Damages
- Individual Defendants: The person directly responsible for causing the injury, through actions that demonstrate malice, recklessness, or an extreme disregard for the well-being of others, is usually the primary target for punitive damages.
- Employers: If an employee’s wrongful actions were carried out within the scope of their employment and with the explicit or implicit consent of their employer, the employer could also be liable for punitive damages.
- Corporations and Businesses: Companies may be held liable for punitive damages if they authorized, ratified, or should have prevented the conduct that led to the injury. This often happens in product liability cases, where a business continued to sell a dangerous product despite knowing its risks.
- Government Entities: Although it’s uncommon due to sovereign immunity, there are specific circumstances under which local or state government entities may be liable for punitive damages.
- Medical Professionals: In cases of gross negligence, fraudulent conduct, or other malicious acts, healthcare providers might be subjected to punitive damages.
- Vehicle Owners: If a vehicle owner knowingly permits someone to operate their vehicle in a reckless or impaired manner, they may also be liable for punitive damages in the event of an accident.
- Landlords and Property Managers: In cases where property conditions are intentionally left in a dangerous state, or where known risks are intentionally concealed, landlords and property managers may be found liable for punitive damages.
- Manufacturers and Distributors: In cases involving defective or dangerously designed products, manufacturers and distributors may be liable if they knowingly marketed and sold the hazardous products.
- Partnerships and Joint Ventures: Partners or co-venturers may be held responsible if they contributed to or approved of the harmful conduct that led to the personal injury.
- Insurance Companies: In very rare cases involving bad faith insurance practices, insurance companies may be held liable for punitive damages.
Understanding who can be held liable for punitive damages in a New York personal injury case is complex and often requires thorough legal analysis. To discuss the specifics of your situation, call the experienced NYC personal injury attorneys at The Orlow Firm today at (646) 647-3398.
How Punitive Damages Are Calculated
Calculating punitive damages in a New York personal injury case is a complex process that takes into account various factors. Unlike compensatory damages, which aim to cover the tangible costs of your injury such as medical bills and lost wages, punitive damages are primarily meant to penalize the defendant for particularly egregious conduct. Because of this, the criteria used to calculate these damages are different and often subjective.
If you’re considering pursuing punitive damages in your case, it’s crucial to consult with experienced NYC personal injury attorneys like those at The Orlow Firm. Call us at (646) 647-3398 for a free consultation tailored to your circumstances.
Factors Influencing the Calculation of Punitive Damages
Severity of Defendant’s Conduct
One of the most crucial factors is how egregious the defendant’s actions were. The more reckless or malicious the behavior, the higher the punitive damages could be.
Financial Status of the Defendant
Courts may consider the defendant’s financial status when calculating punitive damages. The idea is to ensure that the amount serves its purpose of punishing the defendant and deterring similar actions.
Relationship to Compensatory Damages
While there’s no fixed ratio between compensatory and punitive damages in New York, courts will often evaluate whether the amount of punitive damages seems reasonable in relation to the awarded compensatory damages.
Precedents in Similar Cases
Courts may look at the amounts awarded in past, similar cases as a benchmark for determining punitive damages. However, each case is unique, and past awards do not guarantee a similar outcome in your case.
The public interest factor is considered to ensure that the award serves to deter not just the defendant but others who might engage in similar conduct.
Frequency and Duration of Misconduct
Repeated misconduct over an extended period can influence the amount of punitive damages. The longer and more frequent the wrongful behavior, the higher the punitive damages may be.
Legal Caps and Limitations
Certain types of cases may have limitations or caps on the amount of punitive damages that can be awarded, based on New York law or federal regulations.
Finally, juries have a significant amount of discretion when it comes to awarding punitive damages. While they will consider all the above factors, the final amount can be influenced by the jury’s perception of the case and the parties involved.
Given the complexities involved in calculating punitive damages, it’s vital to consult a New York City personal injury attorney to guide you through the legal intricacies. For expert advice, call The Orlow Firm today at (646) 647-3398.
What are caps on damages and is there a cap on damages in New York?
Caps on damages refer to the legal limitations set on the amount of money that a plaintiff can receive in a lawsuit. These caps are often established by state law and can vary depending on the jurisdiction and the type of case involved. The idea behind implementing caps on damages is to control the potential for excessive awards that could financially cripple defendants and increase the cost of insurance for everyone.
In New York, there are generally no caps on damages for most types of personal injury cases. This means that the jury has the discretion to award an amount they deem appropriate for both economic and non-economic damages. Economic damages include quantifiable losses like medical bills and lost wages, while non-economic damages account for non-quantifiable losses like pain and suffering, emotional distress, and loss of consortium.
However, there is an exception for medical malpractice cases in New York. While there are no caps on economic damages, non-economic damages like pain and suffering are subject to limitations. These limitations are not set at a specific monetary value but are rather evaluated on a case-by-case basis to determine what is “reasonable” compensation for the suffering endured.
In summary, while New York does not impose general caps on damages for personal injury cases, it does have limitations in the realm of medical malpractice. It’s crucial to consult with an experienced personal injury attorney to understand how these laws may apply to your specific situation.
Relevant Laws Governing Punitive Damages in New York
In New York, punitive damages are awarded based on common law rather than specific statutes. However, various legal principles and case law precedents govern how these types of damages are handled in personal injury cases. If you’re considering pursuing a personal injury claim that may involve punitive damages, understanding the relevant laws is essential. For expert legal advice tailored to your circumstances, call The Orlow Firm at (646) 647-3398. Our knowledgeable New York City personal injury attorneys can help you navigate the complexities of New York law.
Key Legal Principles for Punitive Damages
Common Law Tradition
Unlike some other states, New York does not have a statute explicitly governing punitive damages. Instead, the state relies on a body of common law, which consists of precedents set by court decisions over the years.
Clear and Convincing Evidence Standard
In New York, the burden of proof for punitive damages is higher than for compensatory damages. Plaintiffs must provide “clear and convincing evidence” that the defendant’s conduct was grossly negligent, malicious, or exceptionally reckless to be eligible for punitive damages.
“Reasonable Relationship” Between Compensatory and Punitive Damages
While New York does not enforce a strict ratio between compensatory and punitive damages, courts will examine whether there is a “reasonable relationship” between the two. Excessive punitive damages could be deemed unconstitutional.
Limitations and Caps
For certain types of cases, such as medical malpractice, New York law may impose limitations on punitive damages. It’s crucial to consult an attorney to understand if such limitations apply to your case.
New York law allows for the possibility of vicarious liability, meaning an employer can be held responsible for punitive damages arising from an employee’s actions, provided the conduct occurred within the scope of employment and the employer approved or should have known of the actions.
Double Jeopardy Clause
The Double Jeopardy Clause in the U.S. Constitution prohibits a defendant from being punished multiple times for the same conduct. This principle may limit the imposition of both criminal penalties and punitive damages for the same act.
Federal law typically treats punitive damages as taxable income for the plaintiff. Consult a tax advisor to understand the implications fully.
Understanding the laws governing punitive damages in New York is crucial for building a strong personal injury case. To discuss the specific laws applicable to your case, contact The Orlow Firm today at (646) 647-3398.
How to Strengthen Your Case for Punitive Damages
Building a robust case for punitive damages in New York requires careful preparation and strong evidence to demonstrate the defendant’s culpability. Unlike compensatory damages, punitive damages serve to penalize the defendant for particularly egregious or malicious actions. To strengthen your case for punitive damages, consider seeking legal advice from experienced New York City personal injury attorneys. Contact The Orlow Firm at (646) 647-3398 to discuss the specifics of your case.
Key Strategies for Building a Strong Case for Punitive Damages
Gather Comprehensive Evidence
Collect all available evidence that can showcase the defendant’s intentional or grossly negligent behavior. This could include accident reports, witness statements, video footage, and other forms of documentation.
Prove Malice or Recklessness
To be eligible for punitive damages, you need to prove that the defendant acted with malice, recklessness, or extreme negligence. This involves showing that the defendant knew their actions were wrong but proceeded anyway.
Utilize Expert Witnesses
Expert witnesses can offer specialized insights that bolster your case. This could be a medical expert explaining the extent of your injuries or an industry expert elucidating why the defendant’s actions were extraordinarily negligent or malicious.
Show Pattern of Behavior
If the defendant has a history of similar conduct or prior convictions, this could strengthen your case for punitive damages. Courts are more likely to award punitive damages when a pattern of bad behavior is evident.
Establish Financial Incentives
Often, defendants act negligently because it is financially beneficial for them to do so. Demonstrating this can be a compelling argument for punitive damages, as it shows the defendant chose profit over safety.
Consider the Defendant’s Financial Situation
The financial standing of the defendant can influence the amount of punitive damages. Information about the defendant’s net worth or financial statements can be used to determine an amount that would serve as an effective deterrent.
Your credibility as a plaintiff is crucial. Be consistent in your statements, cooperate fully with your legal team, and disclose any information that could affect your case.
Legal Consultation and Representation
The complexities involved in securing punitive damages make it crucial to have experienced legal representation. Your attorney can guide you through gathering evidence, filing legal documents, and presenting a compelling case in court.
Navigating the complexities of punitive damages requires a thorough understanding of New York law and strong legal representation. To discuss the best approach for your case, contact The Orlow Firm at (646) 647-3398 for a free consultation.
Why Choose The Orlow Firm for Your NYC Personal Injury Case Involving Punitive Damages
When pursuing a personal injury case that may include punitive damages, the choice of legal representation is critical. Here are compelling reasons to choose The Orlow Firm for your case involving punitive damages. For a free consultation, call us today at (646) 647-3398.
- Exceptional Legal Expertise:
Our team of experienced New York City personal injury attorneys are well-versed in the complexities of punitive damages under New York law. We understand how to meet the high burden of proof required for these awards.
- Proven Track Record:
We have years of experience and numerous successful cases involving punitive damages, ranging from auto accidents to medical malpractice.
- Comprehensive Case Evaluation:
The Orlow Firm offers a detailed assessment of your case to identify the best strategy for pursuing punitive damages.
- Personalized Legal Strategy:
Every case is unique, and we develop a tailored legal approach to maximize your potential for securing punitive damages.
- Access to Resources:
Our firm has access to a network of expert witnesses, investigators, and other professionals who can provide valuable insights to strengthen your case.
- Transparency and Communication:
We maintain open lines of communication throughout the legal process, ensuring you’re always informed of the developments in your case.
- Contingency Fee Basis:
We operate on a contingency fee basis, meaning you pay nothing unless we successfully recover compensation for you.
- Commitment to Client Satisfaction:
Your well-being is our top priority. From your initial consultation through the resolution of your case, we’re committed to providing outstanding service.
For specialized legal guidance in New York personal injury cases involving punitive damages, choose The Orlow Firm. To discuss your case in detail, call us today at (646) 647-3398.
When most people think about personal injury cases in New York, they often focus on the physical injuries and medical bills. However, the impact of a severe injury extends beyond the individual victim. Spouses and families also bear the brunt of the life changes that come with a serious injury. One often-overlooked area of compensation is for Loss of Consortium.
What is Loss of Consortium?
This legal term refers to the loss of love, companionship, and support that a spouse or family member may experience due to the injuries of their loved one. This blog post aims to shed light on this crucial but frequently misunderstood aspect of New York personal injury law.
- Understanding Loss of Consortium can help you maximize your personal injury claim in New York.
- Loss of Consortium affects not just the individual victim but also their spouse and family, offering a broader scope for compensation.
- Call (646) 647-3398 For A Free Case Evaluation
How The Orlow Firm Can Maximize Your Loss of Consortium Claim
Navigating the complexities of a Loss of Consortium claim in New York can be a daunting task, especially when you are already dealing with the emotional and physical toll of an injury. That’s where The Orlow Firm comes in. With years of experience in New York personal injury law, our attorneys understand the intricacies of Loss of Consortium claims.
- Expert Analysis: One of the first steps in pursuing a Loss of Consortium claim is to thoroughly evaluate the merits of your case. Our legal team utilizes expert analysis to determine the full extent of your damages, not just focusing on the primary victim but also the far-reaching effects on spouses and family members.
- Focused Negotiation: Insurance companies are often reluctant to offer fair compensation for Loss of Consortium claims. Armed with an expert understanding of New York laws, our attorneys enter negotiations fully prepared to fight for your rights, aiming to secure the highest possible compensation for you and your family.
- Courtroom Excellence: If your case goes to trial, you’ll want a law firm that excels in the courtroom. The Orlow Firm’s proven track record in New York personal injury trials means that we are fully equipped to present your Loss of Consortium claim persuasively, striving for a favorable verdict.
- Comprehensive Approach: Loss of Consortium claims can involve various types of losses, such as emotional support, companionship, and sexual relations. We take a comprehensive approach to ensure that all these facets are adequately covered in your claim.
- Client-Centric Service: We keep you updated at every stage of your case. Our focus on client satisfaction means we’re always available to answer your questions and address your concerns.
Don’t leave your Loss of Consortium claim to chance. With The Orlow Firm, you get a partner committed to maximizing your compensation, allowing you to focus on your family’s emotional and physical recovery. Call (646) 647-3398 today for a free case evaluation.
What Can be Compensated Under Loss of Consortium
In New York personal injury cases, the term “Loss of Consortium” may seem abstract, but it encompasses a wide array of losses that go beyond mere financial burdens. These losses are often intangible yet incredibly significant, impacting the quality of life for both the injured party and their spouse or family members. Here are the primary aspects that can be compensated under a Loss of Consortium claim:
- Emotional Support: The emotional bond and mutual psychological support are vital components of any close relationship. When a person is seriously injured, their ability to provide emotional support can be severely diminished, leading to an emotional toll on their spouse or family.
- Companionship: The time spent together and shared activities form the essence of companionship. An injury can drastically curtail these shared experiences, affecting the emotional well-being of the spouse or family members.
- Sexual Relations: An often sensitive but significant part of Loss of Consortium claims is the impact on the couple’s sexual life. Serious injuries can impair or even make impossible a healthy sexual relationship, which is considered a loss under this category.
- Parental Guidance: If the injured person has children, their ability to offer guidance, discipline, and general parental functions may be hindered. This impairment can affect the overall family dynamic and is also considered in Loss of Consortium claims.
- Household Contributions: The injured party’s contributions to household chores and maintenance may be severely limited, causing additional burdens on the spouse or family members. This loss can also be included in a Loss of Consortium claim.
- Quality of Life: Overall, the quality of life for both the victim and their close family members may decrease substantially due to the injury. This general decline is often accounted for in the compensation for Loss of Consortium.
It is crucial to understand that these losses, while hard to quantify, hold significant value and should be appropriately compensated. For tailored advice and representation in your Loss of Consortium claim, call (646) 647-3398 for a free case evaluation.
Who is Legally Liable for Loss of Consortium in New York
Determining legal liability for Loss of Consortium in New York follows the same principles as establishing fault in the underlying personal injury case. Simply put, the party who is legally responsible for causing the injury is typically also liable for the Loss of Consortium damages suffered by the victim’s spouse or family. Here are key points to understand about legal liability in these types of claims:
- At-Fault Party in the Main Personal Injury Case: The individual or entity found to be at fault for causing the original injury is usually the one liable for Loss of Consortium. This could be a negligent driver in a car accident, an employer in a workplace accident, or a healthcare provider in a medical malpractice case, among others.
- Comparative Negligence: New York follows the principle of comparative negligence, which means that damages can be apportioned based on each party’s level of fault. If the injured victim shares some blame for the accident, the Loss of Consortium claim may be reduced proportionally.
- Multiple Defendants: In some cases, more than one party may be liable for the injuries and subsequent Loss of Consortium. For instance, in a complex car accident involving multiple vehicles, each negligent driver might bear a percentage of the liability.
- Insurance Companies: Often, it’s the insurance companies representing the at-fault parties that you’ll be dealing with. These companies may try to minimize their liability, making it essential to have experienced legal representation to adequately establish fault and seek full compensation.
- Employers and Corporations: In cases of workplace accidents or product defects, a corporation or employer may be held liable for Loss of Consortium. Corporate entities often have legal teams working to minimize their liability, making it vital to consult an experienced law firm to represent your interests.
Understanding who is legally liable for Loss of Consortium is a critical step in pursuing your claim. This will largely depend on the specifics of your case and the applicable New York laws. For expert guidance on navigating this complex legal landscape, call (646) 647-3398 for a free case evaluation.
Common Types of Injuries Leading to Loss of Consortium
Loss of Consortium claims are often linked to severe injuries that have a profound impact on the victim’s quality of life and, by extension, their relationships with family and spouses. Understanding the types of injuries that commonly lead to these claims can give you better insight into whether you may be eligible for Loss of Consortium damages. Here are some of the injuries that frequently result in such claims:
- Catastrophic Injuries: These are injuries that have long-lasting or permanent effects, severely impacting the victim’s ability to engage in day-to-day activities and maintain a relationship with their spouse or family. Examples include traumatic brain injuries, spinal cord injuries, and severe burns.
- Spinal Cord Injuries: Spinal cord injuries often lead to partial or complete paralysis, profoundly affecting the injured person’s life and relationships. The inability to move freely can create a severe strain on emotional and physical aspects of a relationship, thereby giving rise to Loss of Consortium claims.
- Traumatic Brain Injuries (TBI): Brain injuries can cause cognitive and behavioral changes that dramatically alter a person’s personality, affecting emotional support and companionship for their loved ones.
- Amputations: Losing a limb not only affects the victim’s ability to perform daily tasks but also impacts the relationship with their spouse or family, potentially leading to a Loss of Consortium claim.
- Severe Fractures: Complex fractures that require long-term recovery can cause significant disruption to daily life, affecting both the injured party and their spouse or family members.
- Chronic Pain Conditions: Injuries that result in long-term or chronic pain can make physical intimacy, emotional support, and even basic companionship difficult, thereby affecting the overall family dynamics.
- Wrongful Death: While technically not an injury, the wrongful death of a loved one can have the most severe Loss of Consortium consequences, affecting the emotional and financial well-being of the surviving spouse or family members.
If you or your loved one has suffered from any of these types of injuries, Loss of Consortium damages may be a viable aspect of your personal injury claim. For a detailed consultation and tailored advice on your case, call (646) 647-3398 for a free case evaluation.
Common Accident Types that Result in Loss of Consortium Claims
Loss of Consortium claims often arise from specific kinds of accidents that tend to cause severe injuries, affecting not only the injured party but also their spouse and family. Knowing the types of accidents that commonly result in Loss of Consortium claims can help you better understand whether your situation might warrant such a claim. Here are some of the typical accident scenarios:
- Motor Vehicle Accidents: Car, motorcycle, and truck accidents are among the most common incidents leading to severe injuries and, subsequently, Loss of Consortium claims. The high impact often causes catastrophic injuries that affect the quality of life for the entire family.
- Medical Malpractice: Errors in diagnosis, surgery, or medication can have life-altering consequences. When medical professionals make mistakes, the loss can extend beyond the victim to impact their closest relationships.
- Workplace Accidents: Industrial or construction site accidents can result in severe injuries like burns, amputations, or spinal injuries. The loss of income and change in lifestyle often warrant Loss of Consortium claims.
- Slip and Fall Accidents: These may seem less severe, but slip and fall accidents can lead to complex fractures, traumatic brain injuries, or spinal cord injuries, affecting the injured person’s ability to contribute to the relationship and household.
- Product Liability Cases: Defective products, ranging from automotive parts to medical devices, can cause injuries severe enough to disrupt the lives of both the injured party and their family, often leading to Loss of Consortium claims.
- Animal Attacks: Serious injuries from dog bites or other animal attacks can cause significant emotional and physical trauma, impacting the victim’s relationships and quality of life.
- Recreational Accidents: Accidents occurring during recreational activities like boating, hiking, or skiing can result in severe injuries that have long-term consequences for the victim and their loved ones.
Understanding the types of accidents that commonly lead to Loss of Consortium claims can guide you in evaluating the merits of your own claim. If you’ve experienced one of these types of accidents and are dealing with its ramifications on your family and relationship, don’t hesitate to seek professional legal advice. Call (646) 647-3398 for a free case evaluation.
Relevant New York Laws Regarding Loss of Consortium
Loss of Consortium claims in New York are governed by a set of laws and legal principles that define how these cases should be approached. While this article cannot provide an exhaustive review of all relevant laws, it’s important to be aware of some key legal frameworks that commonly apply to Loss of Consortium cases in the state:
- Civil Practice Laws and Rules (CPLR): Loss of Consortium is generally handled under New York’s Civil Practice Laws and Rules, the comprehensive statute governing civil actions including personal injury claims.
- Legal Standing: In New York, Loss of Consortium claims are typically brought by the spouse of the injured party. However, some jurisdictions within the state also allow claims from children or parents in certain circumstances.
- Comparative Negligence: As in other personal injury cases, New York’s comparative negligence laws also apply to Loss of Consortium claims. This means the award may be reduced if the injured party shares some responsibility for the accident that caused the injury.
- Joint and Several Liability: New York law allows for joint and several liability, meaning each defendant is individually responsible for the entire amount of the damages. This can be particularly relevant in Loss of Consortium cases with multiple at-fault parties.
- Statute of Limitations: The timeframe for filing a Loss of Consortium claim generally follows the same statute of limitations as the underlying personal injury case. However, it’s crucial to consult a legal expert to understand how the statute applies to your specific situation.
- Insurance Policies: It’s important to note that some insurance policies in New York may have specific clauses or limitations that could affect a Loss of Consortium claim. Always consult your policy and a legal advisor to understand the implications.
- Economic and Non-Economic Damages: New York law allows for both economic and non-economic damages in Loss of Consortium claims, although quantifying non-economic damages like emotional distress or loss of companionship can be challenging.
Since Loss of Consortium laws can be complex and are subject to change, it is strongly advisable to consult an experienced personal injury attorney familiar with New York laws to guide you through the process. For a personalized review of your Loss of Consortium claim, call (646) 647-3398 for a free case evaluation.
Statute of Limitations for Loss of Consortium in New York
In New York, the statute of limitations for filing a Loss of Consortium claim is generally linked to the statute of limitations for the underlying personal injury case. Understanding the timeframe within which you must file your claim is crucial for safeguarding your legal rights and eligibility for compensation. Here are some essential points about the statute of limitations for Loss of Consortium in New York:
- General Timeframe: In most personal injury cases, you have three years from the date of the accident to file a lawsuit. The Loss of Consortium claim usually follows this same three-year timeline, starting from the date of the injury that gave rise to the claim.
- Medical Malpractice: If the Loss of Consortium arises from medical malpractice, the statute of limitations is generally two and a half years from the date of the malpractice or from the end of continuous treatment rendered by the party you intend to sue.
- Wrongful Death: In wrongful death cases, the statute of limitations for filing a Loss of Consortium claim is typically two years from the date of death.
- Discovery Rule: New York has limited applications of the “discovery rule,” which starts the clock when the injury is discovered, or reasonably should have been discovered, rather than when the accident occurred.
- Minors: If the injured party is a minor, special rules apply. The statute of limitations usually does not begin to run until the minor reaches the age of 18.
- Exceptions: Some circumstances might extend or shorten the standard statute of limitations. Consult a legal expert to understand how these exceptions could apply to your specific case.
- Importance of Timely Action: Failing to file your Loss of Consortium claim within the designated timeframe can result in the loss of your right to seek compensation. It’s essential to act promptly.
Understanding the statute of limitations for Loss of Consortium claims in New York is vital for preserving your legal rights. Given that these time limits can vary based on the specifics of your case and any applicable exceptions, consulting an experienced personal injury attorney is strongly advised. For detailed guidance tailored to your situation, call (646) 647-3398 for a free case evaluation.
Why Choose The Orlow Firm for Your Loss of Consortium Case
When you’re dealing with the emotional and financial strain of a serious injury affecting your family, you need a legal team that not only understands the intricacies of Loss of Consortium claims but also prioritizes your well-being. Here are compelling reasons why you should choose The Orlow Firm for your Loss of Consortium case:
- Expertise and Experience: With years of practice in personal injury law, our team specializes in Loss of Consortium cases, navigating the complexities to maximize your compensation.
- Personalized Approach: At The Orlow Firm, you are not just another case number. We provide personalized service, making sure to understand the specifics of your situation and tailor our strategies accordingly.
- No Win, No Fee: We operate on a contingency fee basis, meaning you won’t pay a dime unless we win your case. This ensures that we are as invested in your success as you are.
- Thorough Investigation: Our legal team goes above and beyond in gathering evidence, consulting medical professionals, and employing expert witnesses to strengthen your case.
- Strong Negotiation Skills: We have a proven track record of negotiating favorable settlements with insurance companies, aiming to resolve your case efficiently without compromising the compensation you deserve.
- Courtroom Prowess: If a trial becomes necessary, you can rely on our seasoned litigators to represent you aggressively in court, using well-crafted arguments and evidence to advocate for your rights.
- Transparent Communication: We pride ourselves on our transparent and consistent communication. You’ll be kept in the loop throughout your case, ensuring you’re well-informed of all developments.
- Access to Resources: The Orlow Firm has a network of medical professionals, investigators, and other experts to consult on your case, ensuring a comprehensive approach to your Loss of Consortium claim.
- Local Expertise: Being well-acquainted with New York laws and court systems gives us an edge in effectively navigating the legal landscape of Loss of Consortium cases in the state.
- Client Testimonials: Our previous clients vouch for our professionalism, effectiveness, and compassion. Their satisfaction is a testament to the quality of service we offer.
For a reliable, compassionate, and effective legal service that prioritizes your needs and maximizes your compensation, look no further than The Orlow Firm. Call (646) 647-3398 for a free case evaluation.Read More
When you’re a victim of an accident, the aftermath can be a whirlwind of medical bills, recovery plans, and often, legal battles. While economic damages like medical expenses are straightforward to calculate, non-economic damages aren’t as easily quantifiable. These damages aim to provide compensation for the emotional, psychological, and overall subjective toll that an accident or injury has on your life. Unlike economic damages, they do not have a clear monetary value and can be more challenging to prove. This section aims to demystify non-economic damages and shed light on what they include, especially in the context of New York City personal injury cases.
- Non-economic damages offer compensation for the emotional and psychological impact of an accident.
- These damages are more challenging to quantify than economic damages.
- Call (646) 647-3398 For A Free Case Evaluation
Key Types of Non-Economic Damages in NYC Personal Injury Cases
In personal injury cases in New York City, non-economic damages are awarded to compensate victims for the emotional and psychological hardships they experience due to an accident. Unlike economic damages, which are straightforward to calculate, non-economic damages are more subjective and challenging to quantify. Here are some of the key types you may encounter:
Pain and Suffering
Compensation for the physical pain, discomfort, and the overall negative impact on your quality of life due to the injury.
Covers the emotional and psychological effects of an injury, such as anxiety, depression, and other emotional disorders.
Loss of Enjoyment of Life
This covers your inability to enjoy daily activities, hobbies, or other life experiences that you could participate in prior to the accident.
Loss of Consortium or Companionship
Compensation for the loss of familial relations, typically filed by a spouse or immediate family member for the loss of companionship, care, or marital benefits.
If the accident leaves you with permanent scars or disfigurement, you could be compensated for the emotional and psychological toll it takes.
Compensation for long-term psychological impacts that can include fear, grief, and sleep loss.
Understanding these types of non-economic damages can be crucial in building a strong personal injury case in New York City. Always consult with an experienced personal injury lawyer to better understand what kinds of non-economic damages may apply to your specific case.
How Non-Economic Damages Are Calculated in New York
Calculating non-economic damages in a New York City personal injury case is a complex process that doesn’t have a standard formula. Unlike economic damages, which are easily quantifiable, non-economic damages are subjective and depend on various factors. Below are some of the methods and considerations that come into play when calculating these types of damages in New York.
The Multiplier Method
One common approach is the multiplier method, where a specific number (the multiplier) is applied to the total economic damages. The multiplier is chosen based on the severity of the injury, emotional distress, and other subjective factors. For instance, a multiplier of 3 may be applied to economic damages of $50,000, resulting in $150,000 in non-economic damages.
Per Diem Method
The per diem method assigns a daily value to your pain and suffering, which is then multiplied by the number of days you’ve experienced these symptoms. For example, if you assign a value of $200 per day and you have been suffering for 100 days, that would equate to $20,000 in non-economic damages.
In some cases, it’s up to the jury to decide the amount to be awarded for non-economic damages. They will consider evidence presented, such as medical records, expert testimony, and personal accounts, to arrive at a suitable amount.
Experts like psychologists and medical professionals may be brought in to offer their opinion on the extent of your non-economic damages, thereby influencing the final award amount.
Courts may also consider amounts awarded in previous, similar cases to determine a reasonable sum for non-economic damages.
It’s crucial to consult with an experienced New York City personal injury attorney to accurately assess and argue for the non-economic damages you may be entitled to.
Caps on Non-Economic Damages in New York
In some states, there are legislative caps on how much can be awarded for non-economic damages in personal injury cases. However, it’s important to note that New York does not have a cap on non-economic damages. This means that there is no predetermined limit set by the state for how much can be awarded for non-economic damages like pain and suffering, emotional distress, or loss of companionship.
The absence of a cap allows the jury or judge greater flexibility in determining a suitable compensation amount based on the specifics of your case. This can be advantageous, especially in cases involving severe emotional and psychological trauma, where the non-economic damages can be significant.
Because there is no cap, it’s essential to consult with a qualified New York City personal injury attorney to advocate effectively for the full extent of your non-economic damages. They can help build a strong case to maximize your compensation.
Evidence Needed to Prove Non-Economic Damages in NYC Personal Injury Cases
Proving non-economic damages in New York City personal injury cases is often more challenging than proving economic damages, due to their subjective nature. While there’s no fixed formula, gathering ample evidence can strengthen your case. Here are some types of evidence commonly used to substantiate claims for non-economic damages:
Medical documents can serve as evidence for physical pain and emotional distress. Records of treatments, medications, and therapist or counselor visits can validate your claim for emotional or psychological suffering.
Psychologists, physicians, or other medical professionals can provide expert testimony on your mental state, emotional trauma, or long-term psychological effects caused by the accident.
Keeping a daily journal to document your feelings, pain levels, and limitations can serve as compelling evidence. It provides a chronological account of your suffering, which can be instrumental in proving your case.
Friends, family, and co-workers can provide statements attesting to your mental and emotional state before and after the accident. Their observations can supplement your case by painting a more complete picture of your non-economic damages.
Photographic or Video Evidence
Photos or videos that capture your physical injuries, mental state, or limitations can serve as strong evidence. They can visually represent the impact of the accident on your daily life.
Formal evaluations from mental health professionals can offer an objective perspective on the psychological impact of your injuries, adding credibility to your claims.
Comparisons to Similar Cases
While every case is unique, citing verdicts or settlements from cases with similar circumstances can help establish a precedent for your non-economic damage claims.
Gathering comprehensive evidence is crucial for successfully proving non-economic damages. It’s advisable to consult with an experienced New York City personal injury attorney who can guide you through the complexities of substantiating your claims.
The Role of Expert Witnesses in Establishing Non-Economic Damages
Expert witnesses play a critical role in personal injury cases in New York, especially when it comes to establishing non-economic damages. Their specialized knowledge and objective perspectives offer invaluable insights that can significantly strengthen your case. Here’s a closer look at how expert witnesses can help in determining non-economic damages:
Medical professionals can testify on the extent and severity of your physical injuries and the subsequent emotional and psychological effects. They can explain how your injuries have led to chronic pain, emotional distress, and other forms of suffering, thereby justifying the need for non-economic damages.
Psychologists and Psychiatrists
Mental health experts can offer assessments on your emotional and psychological well-being post-accident. They can provide diagnostic tests and clinical evaluations to confirm conditions like anxiety, depression, or post-traumatic stress disorder (PTSD), which can be directly linked to the incident.
In some cases, the accident might affect your ability to work or enjoy life. A vocational expert can testify on how your injuries have impacted your earning capacity and overall quality of life, which is essential for calculating loss of enjoyment of life.
Life Care Planners
These experts can outline the long-term effects of your injuries, helping to quantify future non-economic damages. They can provide detailed plans that cover future medical needs, pain management, and the overall impact on your quality of life.
Pain Management Specialists
For cases involving chronic pain, a pain management specialist can testify on the ongoing need for medication or treatment. Their expertise can validate your claims for continuous pain and suffering.
The testimony of expert witnesses is often considered highly credible, as it comes from a place of specialized knowledge. Their insights can be compelling evidence, adding weight to your claims for non-economic damages. Consult an experienced New York City personal injury attorney to identify and engage the right expert witnesses for your case.
How Insurance Companies Approach Non-Economic Damages
Insurance companies often take a different stance when it comes to non-economic damages in New York City personal injury cases. Their primary goal is to minimize payouts, and because non-economic damages are subjective by nature, insurers frequently scrutinize or challenge these claims. Understanding their approach can help you better prepare for negotiations and potentially maximize your settlement.
Skepticism About Subjectivity
Insurance companies may question the legitimacy of non-economic damages due to their subjective nature. They often require substantial evidence to validate claims for pain and suffering, emotional distress, and similar damages.
Use of Pre-Existing Conditions
Insurers might delve into your medical history to argue that your emotional or psychological suffering is tied to pre-existing conditions rather than the accident in question. They may use this tactic to reduce or deny non-economic damage claims.
Low Initial Offers
It’s common practice for insurance companies to offer a low initial settlement, especially for non-economic damages. The idea is to entice you to accept the offer quickly, thereby closing the case at a lower cost to them.
Insurers may employ various negotiation tactics, such as delaying the process or disputing certain evidence, to weaken your resolve and make you more likely to settle for a lower amount.
Challenging Expert Testimony
The insurance company may also bring in their own set of expert witnesses to counter your claims. These experts will attempt to downplay your non-economic damages, thereby reducing your potential compensation.
Given the complexities and challenges that come with claiming non-economic damages, having a skilled New York City personal injury attorney on your side is crucial. They can help you navigate the negotiation process, challenge the insurance company’s tactics, and advocate for the compensation you rightfully deserve.
Common Mistakes to Avoid When Claiming Non-Economic Damages in New York
Navigating a personal injury case to claim non-economic damages in New York City can be complex and fraught with pitfalls. Making a mistake could significantly impact your potential for fair compensation. Below are some common errors to avoid:
Lack of Documentation
Failure to adequately document your emotional and psychological suffering can make it difficult to substantiate your claim. Always keep records, such as personal journals or medical reports, that can support your case.
Contradictory statements about your injuries or the incident can cast doubt on your claims for non-economic damages. Consistency is key, whether you are talking to insurance adjusters, healthcare providers, or your attorney.
Accepting the First Offer
It may be tempting to accept the first settlement offer from the insurance company, but this is often a mistake. Initial offers are typically low and may not fully cover your non-economic damages.
Not Consulting Expert Witnesses
Failure to bring in expert testimony can weaken your claim. Experts can provide objective assessments that add weight to your case, particularly for non-economic damages, which are often subjective and difficult to quantify.
Neglecting Mental Health Evaluation
Ignoring or delaying a comprehensive mental health evaluation can harm your claim. Such assessments can serve as crucial evidence in proving emotional or psychological suffering.
Inadequate Legal Representation
Choosing an attorney without experience in New York City personal injury cases involving non-economic damages could jeopardize your claim. An experienced attorney can effectively navigate the complexities and advocate for a fair settlement.
Failing to File in a Timely Manner
In New York, the statute of limitations for personal injury claims is generally three years from the date of the accident. Failure to file within this time frame can result in a forfeiture of your right to claim any damages, including non-economic ones.
Not Preparing for Trial
While many cases settle out of court, it’s essential to be prepared for the possibility of a trial. Failing to prepare adequately could result in a less favorable verdict.
By avoiding these common mistakes and consulting with an experienced New York City personal injury attorney, you can increase your chances of receiving the non-economic damages you rightfully deserve.
How The Orlow Firm Can Help in Maximizing Non-Economic Damages
Successfully claiming non-economic damages in a New York City personal injury case requires skillful advocacy, legal acumen, and meticulous preparation. The Orlow Firm is adept at navigating these complex waters. Here’s how we can assist you:
Expert Evaluation and Collaboration
We work closely with medical professionals, psychologists, and other expert witnesses to provide a comprehensive evaluation of your injuries and their impact on your life. These expert testimonies add weight to your claim for non-economic damages like emotional distress and pain and suffering.
The Orlow Firm ensures all necessary documents are collected to substantiate your claims. From medical records to personal journals, we help you compile a solid body of evidence.
Our team is trained in negotiating aggressively with insurance companies who aim to minimize your compensation. We counter their tactics effectively to ensure you get the best possible settlement.
Prepared for Litigation
While our goal is to secure a favorable settlement for you, we prepare every case as if it’s going to trial. This rigorous preparation positions us for success in the courtroom, should litigation become necessary.
Decades of Experience
With years of experience specializing in New York City personal injury cases, we have the expertise to guide you through each step of your claim for non-economic damages, ensuring that no detail is overlooked.
For personalized guidance and effective representation in claiming non-economic damages, don’t hesitate to reach out. Call (646) 647-3398 for a free case evaluation.Read More
If you’ve suffered an injury due to someone else’s negligence, you’re likely concerned about the financial impact. Medical bills, lost wages, and other expenses can add up quickly. Understanding economic damages is crucial for getting the compensation you deserve. In the complex landscape of personal injury law, navigating the intricacies of economic damages can be overwhelming. That’s where experienced legal assistance can make all the difference.
- Economic damages cover the quantifiable financial losses you incur due to an injury.
- Common types of economic damages include medical bills, lost wages, and property damage.
- Consulting a legal expert can help you maximize your claim for economic damages.
- Call (646) 647-3398 For A Free Case Evaluation
Stay tuned as we dive deeper into the different types of economic damages, how they’re calculated, and how you can maximize your compensation with the help of experienced NYC Personal Injury Lawyers.
Key Differences Between Economic and Non-Economic Damages
In personal injury cases, damages are typically divided into two main categories: economic and non-economic damages. While both aim to compensate the victim for their losses, they serve different purposes and are calculated differently. Understanding the distinctions between the two is vital for anyone seeking fair compensation for their injuries.
- Quantifiable Losses: Economic damages are designed to compensate you for concrete, measurable financial losses. These are expenses that can be easily calculated and verified through bills, receipts, or wage statements.
- Types of Economic Damages: These can include medical bills, costs of future medical care, lost wages, loss of future earning capacity, and property damage.
- Documentation Required: To claim economic damages, you’ll need to provide thorough documentation like bills, invoices, and employment records to prove your financial losses.
- Tax Implications: Economic damages are generally not subject to federal income tax, as they are considered a reimbursement for losses you’ve already incurred.
- Subjective Losses: Non-economic damages are intended to compensate for more abstract, non-financial losses. These can’t be easily quantified in monetary terms.
- Types of Non-Economic Damages: Common examples include pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life.
- Challenges in Calculation: Unlike economic damages, there’s no straightforward way to calculate non-economic damages. Courts often use various methods, and the awards can be more subjective.
- Caps and Limitations: Some states impose caps on non-economic damages, especially in medical malpractice cases. These caps don’t usually apply to economic damages.
The Importance of Distinguishing the Two
Understanding the difference between economic and non-economic damages is crucial for a comprehensive claim. Failing to claim either can significantly reduce the amount of compensation you may be entitled to. For example, if you focus solely on economic damages and ignore the emotional toll of an injury, you may miss out on valuable compensation.
Types of Economic Damages in Personal Injury Cases
When you’ve been injured due to someone else’s negligence or intentional misconduct, the financial impact can be devastating. From mounting medical bills to lost income, the tangible costs of an injury can put you and your family in a difficult position. Understanding the types of economic damages available in personal injury cases can help you build a comprehensive claim for compensation.
- Immediate Care: This includes the cost of ambulance services, emergency room visits, and immediate medical treatment following the accident.
- Ongoing Treatment: Costs of surgeries, medications, physical therapy, and any specialized equipment needed for rehabilitation.
- Future Medical Bills: If your injury requires long-term care, future medical expenses can also be included in your claim.
- Temporary Loss: If you miss work due to your injuries, you can claim compensation for the wages you would have earned during that time.
- Permanent Loss: In cases of severe injury leading to permanent disability, you can claim loss of future earning capacity.
- Vehicle Repair: In auto accident cases, the cost of repairing or replacing your vehicle can be claimed.
- Personal Property: Any personal items damaged in the accident, such as smartphones or clothing, can also be included in your claim.
Other Economic Damages
- Household Services: If you need to hire help for chores you can no longer perform, these costs can be claimed.
- Out-of-Pocket Costs: This can include any miscellaneous expenses directly related to your injury, like travel costs for medical appointments.
Documenting Your Economic Damages
Keeping a detailed record of all your expenses and lost income is crucial for substantiating your economic damages claim. Bills, receipts, wage statements, and quotes for property repair are all useful forms of documentation.
Calculating Economic Damages
One of the most critical aspects of a personal injury case is accurately calculating economic damages. An error in this calculation can cost you thousands of dollars, leaving you unable to fully recover from your injuries financially. While it may seem like a straightforward task, calculating economic damages often involves several complex steps. Here’s how to navigate this crucial element of your case.
The Role of Expert Witnesses
- Medical Experts: Healthcare professionals can assess the severity of your injuries and provide a long-term care plan, which helps in estimating future medical costs.
- Economists: They can help calculate the loss of future earnings, especially in cases of permanent disability.
- Vocational Experts: These experts can determine your ability to work after the injury, influencing the claim for lost wages or loss of future earning capacity.
Documentation and Evidence Required
- Medical Bills: All invoices, bills, and receipts for treatments you’ve received are vital in calculating medical expenses.
- Wage Statements: Pay stubs or employer statements can help demonstrate lost wages.
- Property Damage Estimates: Receipts or estimates for property repair or replacement are necessary for claiming property damage.
- Out-of-Pocket Expenses: Keep all receipts for other expenses related to the injury, like travel to medical appointments or costs of household help.
The Calculation Process
- Tabulate Current Expenses: Add up all the medical bills, lost wages, and property damages to date.
- Estimate Future Expenses: Use expert assessments to forecast ongoing medical costs and future lost earnings.
- Include Additional Costs: Add in any other incurred expenses like household services or out-of-pocket expenses.
- Adjust for Inflation: For future expenses, make sure to account for inflation or changes in market conditions.
Impact of Economic Damages on Settlement Amounts
When you’re injured in an accident, one of the most pressing questions you’ll have is, “How much compensation can I expect?” While no two personal injury cases are identical, your economic damages play a significant role in determining the settlement amount. Knowing how these tangible, financial losses impact your compensation can help you better understand the value of your claim.
Components that Influence Settlement Amounts
- Medical Expenses: A key component in most personal injury cases, the cost of medical treatment often serves as a starting point for negotiations.
- Lost Wages: If your ability to work has been impacted, either temporarily or permanently, you can claim these lost earnings as part of your settlement.
- Property Damage: In cases like auto accidents, property damage can significantly affect the overall compensation amount.
- Future Economic Damages: If your injury has long-term consequences, future economic losses like ongoing medical treatment or future lost wages will also factor into the settlement.
How Insurance Companies Evaluate Economic Damages
- Documentation: Insurers will scrutinize all provided documentation, including medical bills, wage statements, and property damage estimates.
- Severity and Duration of Injuries: The extent of your injuries and their long-term impact on your life will heavily influence the final settlement amount.
- Policy Limits: Insurance companies have policy limits, which can sometimes restrict the maximum amount you can claim in economic damages.
In some cases, a “multiplier” is used to estimate non-economic damages based on your economic damages. For instance, if your economic damages amount to $50,000 and a multiplier of 3 is used, you may claim an additional $150,000 in non-economic damages.
The Role of Economic Damages in Trial Verdicts
While many personal injury cases reach a settlement before going to trial, some do make it to the courtroom. If your case goes to trial, the presentation of your economic damages will be a critical factor in determining the verdict. Unlike settlement negotiations, where there’s some give-and-take, a trial verdict is binding and will set the precedent for any appeals. Here’s how economic damages can influence the outcome of a personal injury trial.
Impact on the Jury
- Tangible Proof: Economic damages provide the jury with concrete, quantifiable evidence of your losses. This can make it easier for jurors to understand the extent of your suffering.
- Documentation: Bills, invoices, and other types of records can be compelling evidence that persuades the jury to rule in your favor.
- Expert Testimony: Expert witnesses, such as medical professionals and economists, can validate the extent of your economic damages, making a compelling case for your compensation.
Factors the Court Considers
- Credibility: The court will evaluate the reliability and credibility of your documentation and witness testimonies. Any inconsistency can negatively impact your claim.
- Duration and Severity: The longevity and seriousness of your injuries will also be considered when awarding economic damages.
- Contributory Negligence: In some states, if you are found to be partially responsible for the accident, it may reduce the economic damages you can claim.
Relationship with Non-Economic Damages
- Separate Consideration: Economic and non-economic damages are generally considered separately in a trial. However, a strong presentation of economic damages can indirectly influence the jury’s perspective on your non-economic losses.
- Multiplier Method: As with settlements, some juries use a multiplier method to calculate non-economic damages based on economic damages, though this is not universally applied.
The Role of Economic Damages in Trial Verdicts
While many personal injury cases are resolved through settlement negotiations, some cases inevitably go to trial. When this happens, economic damages serve as a central pillar in determining the verdict. Having a clear understanding of the role that economic damages play in trial verdicts can be the key to ensuring you receive the compensation you rightfully deserve.
The Jury’s Perspective on Economic Damages
- Quantifiable Losses: Economic damages offer the jury a concrete, measurable way to gauge your financial losses, making it easier to justify awarding you compensation.
- Solid Evidence: Medical bills, wage loss documentation, and property damage estimates serve as tangible evidence that can substantially bolster your case in court.
- Expert Testimonies: Professionals like medical experts, economists, and vocational rehabilitation experts can affirm the scope of your economic damages, further solidifying your claim.
Court Factors in Assessing Economic Damages
- Verifiability: The court places immense weight on the verifiability of your claims. Reliable documentation and consistent testimony are crucial for this.
- Severity and Duration of Injury: The long-term impact of your injuries, both in terms of health and finances, can influence the economic damages awarded.
- Comparative or Contributory Negligence: If you’re found partially at fault, this could proportionally reduce the economic damages you are eligible to receive, depending on your jurisdiction.
How Economic Damages Affect Non-Economic Damages
- Foundation for Other Claims: A solid case for economic damages often sets the stage for non-economic damages like pain and suffering, emotional distress, or loss of consortium.
- Multiplier Approach: Some juries use the total economic damages as a baseline, applying a “multiplier” to estimate an appropriate amount for non-economic damages.
Time Sensitivity in Reporting and Calculating Economic Damages in New York
Time is of the essence when it comes to reporting and calculating economic damages in personal injury cases, especially in New York. Waiting too long to take action can compromise the integrity of your case, limit your ability to collect evidence, and even disqualify you from receiving compensation altogether. Here’s why time sensitivity is crucial in this process.
Importance of Prompt Reporting
- Preservation of Evidence: The quicker you report an accident, the easier it is to collect evidence like medical records, witness statements, and photographic documentation, all of which are crucial for substantiating your economic damages.
- Immediate Medical Attention: Prompt medical treatment not only improves your chances of recovery but also establishes a medical record that is critical for calculating economic damages later on.
Statute of Limitations in New York
- General Time Frame: In New York, the general statute of limitations for personal injury cases is three years from the date of the accident.
- Exceptions: Some specific circumstances may shorten or extend this period, such as cases involving minors or government entities.
Consequences of Missing Deadlines
- Forfeiture of Rights: Failing to adhere to the statute of limitations typically means you’ll lose your right to file a lawsuit, thereby forfeiting any potential economic damages.
- Compromised Case Integrity: Even if you are within the legal time frames, delaying action can weaken your case by making it more challenging to collect evidence or track down witnesses.
How Timely Reporting Affects Settlements and Verdicts
- Stronger Negotiating Position: Prompt reporting and thorough documentation strengthen your standing during settlement negotiations, making it more likely for you to receive fair compensation.
- Credibility in Court: In trial settings, the timeliness of your actions can affect how both the judge and the jury perceive the legitimacy of your claims, including economic damages.
Tax Implications of Economic Damages Awards in New York
Receiving a financial award from a personal injury case brings immediate relief, but it also raises important questions about tax implications. Understanding the tax rules surrounding economic damages awards in New York can help you manage your finances more effectively and avoid unexpected liabilities.
General Rule: Compensation for Injuries
- Federal Tax Code: Generally speaking, the IRS considers personal injury damages as compensation for your injuries and therefore non-taxable.
- New York State Taxes: Similar to the federal tax code, New York usually does not tax personal injury settlements or awards intended to compensate for physical injuries.
Exceptions to the Rule
- Interest on the Award: Any interest that accrues on your economic damages award from the time the judgment is made until you receive the payment is considered taxable income.
- Punitive Damages: Although not a form of economic damages, it’s worth noting that punitive damages are typically considered taxable income both federally and at the state level.
- Lost Wages and Employment Benefits: If a portion of your economic damages is for lost wages or lost employment benefits, this amount could be subject to income tax, Social Security, and Medicare taxes.
- Medical Expenses: If you claimed a tax deduction for medical expenses in previous years, and you are later compensated for those expenses through an award, you may need to report this as “Other Income” on your tax return.
- Legal Fees: In some cases, you might be able to deduct attorney’s fees and other legal costs, although this can be a complex area that often requires consultation with a tax professional.
New York Laws Affecting Economic Damages
When pursuing a personal injury case in New York, understanding the state’s specific laws concerning economic damages is crucial for securing fair compensation. New York has its own set of regulations that influence how damages are calculated, who can claim them, and what limitations may apply.
- Pure Comparative Negligence: New York follows a system of pure comparative negligence. This means that your level of fault in an accident will proportionally reduce your economic damages. For instance, if you are found to be 20% at fault, your award will be reduced by 20%.
No-Fault Insurance Laws
- Basic Economic Loss: In auto accident cases, New York’s no-fault insurance system typically covers up to $50,000 per person for basic economic loss, which includes medical expenses and lost earnings. However, this cap doesn’t apply if the injury is deemed “serious” under New York law.
- Threshold for Lawsuits: Due to the no-fault system, you can only file a lawsuit against the at-fault party if your injuries exceed certain severity thresholds, such as significant disfigurement or loss of a body function.
Caps on Damages
- Medical Malpractice: While there’s no cap on economic damages in most personal injury cases, medical malpractice claims in New York have a cap on non-economic damages like pain and suffering.
Statute of Limitations
- General Time Limit: The general statute of limitations for personal injury claims in New York is three years from the date of the accident.
- Exceptions: Certain cases, such as those involving minors or claims against governmental entities, may have different deadlines.
The Collateral Source Rule
- Adjustment of Damages: In New York, the collateral source rule allows the court to adjust the economic damages award based on other compensation you may have received, like insurance payouts.
How to Maximize Your Economic Damages Claim in a New York Personal Injury Case
Pursuing a personal injury case can be a challenging process, and maximizing your economic damages claim requires meticulous preparation and execution. By understanding the key elements that contribute to a strong economic damages claim, you can enhance your chances of receiving the compensation you deserve.
Importance of Early Action
- Immediate Medical Attention: Seek medical care immediately following your accident. This not only aids in your recovery but also provides crucial medical records that serve as evidence.
- Prompt Reporting: Report the incident to the appropriate authorities as soon as possible. Doing so ensures that you have an official record of the event, which is instrumental when calculating damages.
Compiling Strong Evidence
- Medical Records: Maintain comprehensive medical records, including diagnoses, treatment plans, and bills. This information serves as the backbone of your economic damages claim.
- Financial Documentation: Collect evidence of lost wages, additional transportation costs, and other out-of-pocket expenses that you’ve incurred due to the injury.
Engaging Expert Witnesses
- Medical Experts: Consider having medical professionals testify on the severity and long-term impact of your injuries.
- Financial Analysts: In complex cases involving long-term loss of income or diminished earning capacity, financial experts can add credibility to your claim.
- Consult a Personal Injury Attorney: Seek legal advice from a qualified Personal Injury Law Firm in New York, preferably one that specializes in cases similar to yours.
- Negotiation Skills: An experienced attorney can skillfully negotiate with insurance companies to maximize your economic damages, often securing a better settlement than you could obtain on your own.
Avoiding Common Pitfalls
- Full Disclosure to Your Attorney: Make sure to provide your attorney with all the relevant facts and records. Withholding information can weaken your case.
- Avoid Social Media: Public posts can be used against you, potentially undermining your claim for economic damages.
Settlement vs. Trial
- Consider Settlement Offers Carefully: Sometimes, a well-negotiated settlement can offer quicker financial relief without the unpredictability of a trial.
- Ready for Trial: However, be prepared to go to court if a fair settlement isn’t on the table. A solid case, backed by strong evidence and expert witnesses, can yield high economic damages in a trial.
Common Misconceptions About Economic Damages in New York Personal Injury Cases
The subject of economic damages can be fraught with misunderstandings. These misconceptions can not only confuse you but also adversely impact the amount of compensation you might receive in a personal injury case. Here, we dispel some of the most common myths and misconceptions about economic damages in New York.
Misconception 1: Economic Damages Cover Emotional Suffering
Fact: Economic damages are strictly related to out-of-pocket expenses like medical bills and lost wages. Emotional suffering falls under non-economic damages, which are a separate category.
Misconception 2: If You Have Insurance, You Don’t Need to Claim Economic Damages
Fact: Insurance may not cover all the costs associated with your injury. Economic damages can help fill the gap, covering things like co-pays, deductibles, and other out-of-pocket expenses that insurance may not cover.
Misconception 3: Economic Damages are Easy to Calculate
Fact: While it may seem straightforward to add up bills and lost wages, calculating economic damages often involves intricate factors like future medical expenses and long-term loss of earning capacity.
Misconception 4: You Can Claim Economic Damages at Any Time
Fact: The statute of limitations in New York generally allows you only three years from the date of the accident to file a personal injury lawsuit. Waiting too long can make you ineligible for claiming any damages.
Misconception 5: Economic Damages Always Get Fully Compensated
Fact: The actual compensation may be reduced based on your percentage of fault in the accident due to New York’s pure comparative negligence laws.
Misconception 6: You Don’t Need Legal Help for Claiming Economic Damages
Fact: An experienced NYC Personal Injury Lawyer can help you navigate the complex legal landscape, maximize your economic damages, and protect your rights throughout the process.
Misconception 7: All Personal Injury Cases Have the Same Economic Damages
Fact: The types and amounts of economic damages can vary widely depending on the specifics of the case, such as the severity of injuries, the circumstances of the accident, and applicable New York laws.
Misconception 8: Economic Damages Include Punitive Damages
Fact: Punitive damages are a separate category designed to punish the defendant for egregious conduct, and they are usually taxable.
Take the Next Step: Secure Your Economic Damages with The Orlow Firm
Navigating the complex world of economic damages in New York personal injury cases requires expert legal guidance. Mistakes or misunderstandings can significantly reduce the compensation you are entitled to. At The Orlow Firm, our experienced New York City Personal Injury Attorneys are committed to ensuring you get the full economic damages you deserve. We meticulously prepare each case, from gathering robust evidence to negotiating aggressively on your behalf, so that you can focus on your recovery.
Don’t let the intricacies of New York laws and misconceptions about economic damages stand in your way. Time is of the essence, and with the statute of limitations in mind, it’s crucial to act now. For a thorough evaluation of your case and to set the wheels in motion for securing your rightful economic damages, call (646) 647-3398 for a Free Case Evaluation today.Read More
If you’ve been injured in an accident, you’re likely facing a multitude of challenges, one of which is the looming stack of medical bills. Navigating the complex landscape of medical expenses while dealing with physical and emotional pain can be overwhelming. This is where understanding what medical expenses are covered in a personal injury case becomes crucial. Our team at The Orlow Firm is well-versed in personal injury law in New York, and we’re here to guide you through what compensation you might be entitled to, specifically when it comes to your medical bills.
- Understanding the types of medical expenses that are often covered can ease the financial burden of an injury.
- Keeping accurate records and documentation is vital for maximizing your compensation.
- Call (646) 647-3398 For A Free Case Evaluation
Immediate Medical Costs: What’s Covered Right After an Accident
The moments following an accident are often chaotic and stressful. Amidst the confusion, immediate medical attention may be required. It’s essential to know that these initial medical costs can usually be included in your personal injury claim. Let’s explore what some of these immediate costs often entail.
Emergency Room Visits: Upon experiencing an injury, one of the first places you may find yourself is the emergency room. ER visits can be expensive, often involving multiple tests, immediate treatments, and possibly even surgical procedures. These costs can quickly add up and are typically recoverable in a personal injury case.
Ambulance Fees: If your condition is serious, you might have no choice but to take an ambulance to the hospital. The cost of an ambulance ride can be surprisingly high and often isn’t fully covered by health insurance. Rest assured, these fees can also be claimed as part of your personal injury compensation.
Ongoing Treatment Costs: What to Expect in the Long-Term
Accidents often result in injuries that require more than just immediate medical attention; they necessitate ongoing care to fully recover or manage symptoms. Knowing that these extended treatment costs can also be included in a personal injury case can provide peace of mind. Here are some examples of ongoing treatment costs that are commonly covered.
Physical Therapy: Physical therapy is often necessary for injuries involving muscles, bones, and joints. These sessions can last for weeks, months, or even longer, depending on the severity of the injury. The costs of these treatments are usually included in personal injury claims.
Rehabilitation Programs: Certain injuries may require specialized rehabilitation programs for a more comprehensive recovery. Whether it’s occupational therapy, speech therapy, or cognitive rehabilitation, the expenses related to these programs can be claimed in a personal injury case.
Prescription Medication: Medication costs are another significant part of ongoing medical expenses. Pain relievers, antibiotics, or other types of prescription drugs are often essential for recovery and their costs can be added to your compensation claim.
Medical Supplies: From crutches to braces to specialized cushions, medical supplies can be indispensable but also expensive. These out-of-pocket costs are usually recoverable in a personal injury lawsuit.
Psychological Counseling: The emotional and mental toll from an accident should not be underestimated. Counseling or therapy sessions can be a crucial part of the recovery process and their costs can often be included in a personal injury claim.
Chiropractic Care: For some individuals, chiropractic care serves as an effective treatment for managing pain and improving mobility after an accident. These services can also be included in your claim for ongoing medical expenses.
Assisted Living Facilities: In severe cases, victims may require long-term care in an assisted living facility or a similar institution. These costs can be extraordinarily high and are generally included in the scope of compensation in serious injury cases.
Misc Medical Expenses: Other Costs to Consider in a Personal Injury Case
In addition to immediate and ongoing treatment costs, there are various other medical expenses that may arise during the course of your recovery. While these may not be the first costs you think of, they are essential and often recoverable in a personal injury case.
Diagnostic Tests like MRI, X-rays, CT scans: These tests are frequently necessary for accurately diagnosing injuries and planning the appropriate treatment. Their costs can be substantial and should be included in your compensation claim.
Surgical Procedures including Minor and Major Surgeries: Whether it’s setting a broken bone or undergoing a complex surgical operation, these procedures can be costly. Your personal injury claim should account for both minor and major surgical costs.
Home Modifications like Wheelchair Ramps: In some cases, your home may need to be modified to accommodate mobility limitations. Expenses for installations like wheelchair ramps or handrails can usually be claimed in a personal injury case.
Out-of-Pocket Expenses including Bandages, Crutches, Heating Pads: Small items like bandages or crutches may seem inconsequential but can add up. Save all receipts for such out-of-pocket expenses, as they can be included in your claim.
Travel Expenses like Transportation to and from Medical Appointments: While often overlooked, the cost of getting to and from medical appointments can be significant, especially if specialized care is required at a distant facility. These travel expenses can also be included in your personal injury compensation.
The Role of Health Insurance: Navigating Coverage in Personal Injury Cases
Health insurance can play a significant role when it comes to covering medical expenses after an accident. However, how it interacts with your personal injury claim can be complex and often confusing. Here’s what you need to know.
How Health Insurance May Cover Some Expenses: Initially, your health insurance may cover the medical costs arising from the accident. This can be beneficial in ensuring that you receive timely medical care without worrying about immediate out-of-pocket expenses.
Subrogation Rights: It’s crucial to be aware of your health insurance provider’s subrogation rights. In simple terms, this means that if you receive a settlement or judgment in a personal injury case, your health insurance company may seek reimbursement for the medical costs they’ve covered.
Coordination with Personal Injury Claims: Your personal injury attorney can help coordinate between your health insurance and your personal injury claim. This can be instrumental in maximizing your net compensation after insurance reimbursements.
Coverage Gaps: Your health insurance may not cover all types of medical care you may need, such as certain rehabilitation programs or specialized treatments. These gaps can often be filled by a successful personal injury claim.
Out-of-Network Costs: If you had to seek emergency medical care that was out-of-network, these costs might not be fully covered by your insurance. However, they can usually be claimed in a personal injury case.
Importance of Documentation: The Key to Maximizing Your Compensation
In a personal injury case, documentation serves as the bedrock upon which your claim is built. It provides the tangible evidence needed to prove the extent and nature of your injuries, the costs incurred, and other losses suffered. Proper documentation can make or break your case. Here’s why it’s crucial:
Medical Records: Always request copies of all medical records related to your injuries, including doctor’s notes, diagnoses, treatment plans, and medical bills. These documents provide the evidence necessary to substantiate your medical expenses.
Receipts and Invoices: Keep every receipt and invoice related to your medical care, including prescription medications, medical supplies, and even travel expenses for medical appointments. These small costs add up and should be included in your claim.
Photographic Evidence: Photographs of your injuries, the accident scene, and any property damage can serve as powerful visual evidence. They can help paint a clear picture of the severity of the incident and its aftermath.
Witness Statements: Collect names and contact information of any witnesses to the accident. Their accounts can be valuable in corroborating your version of events.
Timeline and Journals: Keep a detailed timeline of your treatment and how your injuries have affected your daily life. A pain and suffering journal can help quantify non-economic damages like emotional distress and loss of enjoyment of life.
How The Orlow Firm Can Help Maximize Your Case
Navigating the complexities of a personal injury claim can be daunting, especially when you’re already dealing with the physical and emotional toll of an accident. That’s where The Orlow Firm steps in. Our team of seasoned NYC Personal Injury Lawyers will handle every aspect of your case, ensuring you get the maximum compensation you deserve. Here’s how we can help:
Comprehensive Case Evaluation: Our team will thoroughly assess your case, taking into account all medical expenses—both immediate and ongoing—lost wages, emotional distress, and other factors that may affect your claim.
Strategic Planning: With decades of experience, our attorneys know the ins and outs of personal injury law. We’ll develop a strategy tailored specifically for your situation to strengthen your case.
Skilled Negotiations: Insurance companies are known for offering lower settlements than what victims deserve. We’ll negotiate aggressively on your behalf, armed with compelling evidence and sound legal arguments.
Meticulous Documentation: We’ll guide you through the documentation process, helping you compile all necessary records, receipts, and evidence. Proper documentation is key to maximizing your claim.
Expert Witnesses: If necessary, we’ll enlist the help of medical experts, accident reconstruction specialists, and other professionals to provide authoritative testimony that can fortify your case.
Court Representation: Should your case go to trial, our lawyers are well-equipped to represent you in court. We’re committed to fighting for the best possible outcome, leaving no stone unturned.
If you or a loved one are dealing with the aftermath of a personal injury, you shouldn’t have to navigate the complexities of the legal system alone. Time is of the essence. At The Orlow Firm, our NYC Personal Injury Lawyers are committed to fighting for your rights and maximizing your compensation. Don’t leave your future to chance; get the experienced representation you deserve. Call (646) 647-3398 now for a free case evaluation.
Selecting a personal injury law firm is a critical decision that can profoundly impact the outcome of your case. Whether you’ve suffered from a car accident, medical malpractice, or any other form of personal injury, you need representation that meets your specific needs. Here are some factors to consider when making this important choice:
Credentials and Expertise: Look for a law firm with attorneys who specialize in personal injury law and have years of experience handling cases similar to yours. Specialization ensures they’re well-versed in the intricacies of the specific type of law involved in your case.
Client Testimonials and Reviews: Reading reviews or talking to past clients can provide valuable insight into the law firm’s capabilities and the quality of their client service.
Track Record: A law firm’s past results are an indicator of its competency. Firms that have consistently won cases or secured high settlements for their clients are generally a safer bet.
Availability: Your case should be a priority for the law firm. The best personal injury law firms are responsive and available to discuss your case whenever you have questions or require updates.
Resources: Handling a personal injury case often requires a variety of resources, including investigators, medical professionals, and expert witnesses. Make sure the law firm has the necessary resources and connections to build a strong case.
Communication: Effective and transparent communication is vital. You should feel comfortable talking to your attorney, and they should be willing to explain every stage of the legal process to you in terms you can understand.
Legal Fees: Understand the fee structure upfront. Many personal injury law firms operate on a contingency basis, meaning you only pay if you win the case. However, be sure to inquire about any hidden or additional costs.
Local Expertise: Laws can vary by jurisdiction. A law firm that has experience with the legal landscape of your specific locale—be it New York City or elsewhere—can offer insights that others may not be able to provide.
Consultation: Most reputable personal injury law firms offer free initial consultations. This meeting can help you assess whether the firm is a good fit for your needs. Take this opportunity to ask questions and evaluate their expertise.
Legal Team: Consider not just the reputation of the firm but also the specific attorneys who will be handling your case. They should be experts in personal injury law and have a track record of successful outcomes.
Choosing the right law firm can make all the difference in the success of your personal injury case. If you’re seeking experienced, dedicated, and resourceful New York personal injury lawyers, consider reaching out to us for a consultation. To discuss your case and find out how we can help, call us at (646) 647-3398.
How much does it cost to hire a personal injury lawyer?
The cost of hiring a personal injury lawyer can vary widely depending on the firm, the complexity of your case, and the fee structure they use. However, most personal injury law firms, especially those in New York, operate on a contingency fee basis. Here’s what that means and other factors to consider:
Contingency Fee Basis: In this arrangement, you don’t pay any legal fees upfront. Instead, the lawyer takes a percentage of the settlement or court award as their fee. If you don’t win the case, you typically owe nothing to the lawyer for their legal services. The percentage can vary but often ranges from 25% to 40% depending on the case and its complexity.
Costs and Expenses: While you may not owe legal fees if you don’t win, some firms might still require you to pay for costs incurred during the case, such as filing fees, costs for obtaining medical records, or fees for expert witnesses. It’s essential to clarify this point during your initial consultation.
Free Consultation: Most reputable personal injury law firms offer free initial consultations. This meeting allows you to assess whether the lawyer is a good fit for your needs and to inquire about their fee structure.
Additional Costs: Regardless of the fee structure, be sure to ask about any additional costs you might incur, such as court filing fees, costs for obtaining medical records, or any other miscellaneous costs that might not be covered in the contingency fee.
Fee Agreement: Always make sure to read the fee agreement carefully and ask questions if you have them. This agreement should outline the exact fee structure and any other financial obligations you might have.
Hiring a personal injury lawyer is an important step towards getting the compensation you deserve. At our firm, we’re committed to transparency and affordability. Our New York personal injury attorneys operate primarily on a contingency fee basis, meaning you don’t pay unless we win your case. For a detailed understanding of how this could apply to your specific situation, call us at (646) 647-3398.
What percentage do personal injury lawyers take in New York?
In New York, the percentage taken by personal injury lawyers commonly ranges between 33.3% (or one-third) and 40% of the settlement amount or court award. These percentages are usually determined by a contingency fee arrangement, meaning you don’t pay anything upfront and only owe the attorney a fee if you win the case.
It’s crucial to clarify the exact percentage during your initial consultation with any law firm. The fee percentage can sometimes vary based on the complexity of the case, whether the case goes to trial, or the stage at which the case is resolved.
For example, some New York personal injury attorneys might charge a lower percentage if the case is settled before filing a lawsuit or going to trial, and a higher percentage if a lawsuit is filed and the case proceeds to court.
New York State doesn’t have a statutory cap on contingency fees for most personal injury cases, but attorneys are required to follow ethical guidelines which mandate that fees must be “reasonable.” The exact terms should be clearly spelled out in a written fee agreement that you and the attorney sign.
At our firm, our New York personal injury lawyers work strictly on a contingency fee basis. We are committed to transparency and make sure our clients fully understand our fee structure before proceeding with their case. For a more detailed understanding of our fee structure and how it could apply to your case, call us at (646) 647-3398.
How can The Orlow Firm help maximize my case?
At The Orlow Firm, we understand that every personal injury case is unique, requiring a tailored legal strategy to secure the best possible outcome for our clients. Our team of seasoned New York personal injury attorneys brings a combination of experience, expertise, and resources to each case. We carefully analyze the facts and construct compelling arguments to meet the necessary burden of proof for your specific circumstances.
Our meticulous approach begins with an in-depth investigation of your case. We gather essential evidence, consult with expert witnesses, and leave no stone unturned to build a robust case. We also excel in skillful negotiations and will pursue every avenue for a favorable settlement before even considering going to trial.
Through years of practice, we have built a strong network within the New York legal community. Our relationships and reputation can often make a difference when selecting expert witnesses or strategizing the best course of action.
Effective communication is a cornerstone of our legal service. Throughout the process, you’ll be kept up-to-date on the latest developments in your case, ensuring you’re well-informed and prepared for any decisions that may arise.
In cases that do go to trial, we offer aggressive representation aimed at achieving the best possible outcome. Moreover, our contingency-based fee structure means you won’t pay any legal fees unless we win your case.
Simply put, our multi-faceted approach maximizes your chances for a favorable outcome, whether that’s a settlement or a win in court. To find out how we can apply our expertise to your personal injury case, don’t hesitate; call us today at (646) 647-3398.Read More
New York City Personal Injury Lawyers with offices in Queens, Brooklyn, Manhattan & The Bronx
The “burden of proof” is a legal term that refers to the obligation of one party in a lawsuit to prove its case. In the realm of personal injury law, it most often falls on the plaintiff (the injured party) to demonstrate that the defendant (the accused party) is liable for the damages or injuries sustained.
Types of Burden of Proof in Personal Injury Cases
Understanding the types of burden of proof is essential for anyone involved in a personal injury case. Each type has its own set of requirements, which directly impacts how a case is presented and argued. Below are the different types of burden of proof commonly used in personal injury cases:
1. Preponderance of Evidence
What It Means
This is the most common standard of proof in civil cases, including personal injury lawsuits. A “preponderance of evidence” means that the plaintiff has to show that it is more likely than not that the defendant is responsible for the injury.
Why It’s Important
This standard is relatively easier to meet compared to other standards like “clear and convincing evidence.” As a result, the majority of personal injury cases, from slip and fall to auto accidents, rely on this burden of proof.
How It Works in Practice
For instance, if you were involved in a car accident in New York City, your NYC personal injury lawyer would aim to show that it is more probable that the other driver’s negligence led to the accident, rather than it occurring due to other reasons.
2. Clear and Convincing Evidence
What It Means
“Clear and convincing evidence” is a higher standard that requires the plaintiff to prove that it is highly likely, or substantially more likely than not, that the defendant’s actions led to the injuries sustained.
Why It’s Important
This standard is generally used in more severe or complex personal injury cases where the allegations are grave, and the penalties are severe.
How It Works in Practice
Suppose you are filing a medical malpractice suit in New York. In this case, your New York personal injury attorney may need to show clear and convincing evidence that the healthcare provider’s actions were not only negligent but led directly to significant harm or loss.
3. Beyond a Reasonable Doubt
What It Means
This is the highest standard of proof and is primarily reserved for criminal cases. The evidence presented must remove any reasonable doubt regarding the defendant’s guilt.
Why It’s Important
While seldom used in personal injury cases, understanding this standard is essential for contextualizing the lesser burdens of proof.
How It Works in Practice
In the unlikely event that a personal injury case requires this standard, such as in cases involving criminal assault leading to personal injuries, your NYC personal injury lawyer would need to build an almost irrefutable case to meet this high burden of proof.
Importance of Burden of Proof in Personal Injury Cases
The concept of the burden of proof is more than just a legal formality; it is a foundational principle that can significantly influence the outcome of a personal injury case. Understanding its importance can help both plaintiffs and defendants navigate the complexities of personal injury law. Below are some key reasons why the burden of proof is crucial in personal injury cases:
1. Legitimizes the Claim or Defense
What It Means
Meeting the burden of proof lends credibility to your case. It provides the legal framework within which a judge or jury evaluates the claims and defenses put forth.
Why It’s Important
A claim or defense that fails to meet the burden of proof is unlikely to be successful. In New York personal injury cases, not meeting this standard could mean losing out on the opportunity for compensation or being held liable for damages.
2. Direct Impact on Compensation
What It Means
The amount of compensation awarded often directly correlates with the ability to meet or exceed the burden of proof.
Why It’s Important
In situations where the plaintiff convincingly meets the burden of proof, the chances of receiving maximum compensation increase. This is particularly significant in New York, where personal injury claims can result in substantial settlements.
3. Sets Legal Precedent
What It Means
Successfully meeting the burden of proof in one case could serve as a legal precedent, influencing similar cases in the future.
Why It’s Important
In New York City, where personal injury cases are frequent, setting a legal precedent can have long-term implications for both plaintiffs and defendants.
4. Facilitates Fair Legal Proceedings
What It Means
The burden of proof levels the playing field, ensuring that each party presents a strong case based on evidence, facts, and expert testimony.
Why It’s Important
Fair proceedings are vital for the integrity of the legal system. It prevents unjust enrichment or penalties and ensures that justice is served based on factual evidence rather than emotional appeals.
5. Influences Legal Strategy
What It Means
The type and level of burden of proof can dictate the legal strategy that your NYC personal injury attorney employs.
Why It’s Important
Different types of burden of proof require different kinds and amounts of evidence. Understanding the burden helps in assembling a robust case, choosing the right expert witnesses, and deciding whether to settle or proceed to trial.
6. Drives Settlement Negotiations
What It Means
The burden of proof plays a significant role in settlement discussions. Parties are more willing to negotiate when they recognize the strength or weakness of the case based on the burden of proof.
Why It’s Important
Settlement negotiations can save both time and resources. A compelling case that meets the burden of proof is often more likely to result in a favorable settlement without the need for a drawn-out court battle.
How can The Orlow Firm help maximize my case?
At The Orlow Firm, our dedicated team of New York personal injury attorneys brings extensive experience and expertise to your case. We employ a multi-faceted approach to help maximize the potential outcomes of your case in several key ways:
Personalized Legal Strategy: Every case is unique, and we tailor our legal strategy to fit the specifics of your situation. Our meticulous approach ensures that your case is presented in the most compelling way, meeting the necessary burden of proof.
In-Depth Investigations: We conduct thorough investigations into the circumstances surrounding your injury. From gathering evidence to consulting with expert witnesses, we leave no stone unturned to build a robust case.
Skillful Negotiations: Our legal team excels in negotiation tactics. We’re committed to pursuing all avenues for settlement before taking a case to trial, aiming to get you the compensation you deserve as swiftly as possible.
Expert Witness Collaboration: Where required, we work with medical professionals, accident reconstructionists, and other expert witnesses to add weight to your claims. Their testimonies can play a crucial role in meeting the burden of proof.
Vast Legal Network: Our firm has developed strong relationships within the New York legal community. These connections can be advantageous when seeking out the best expert witnesses or pushing for a more favorable courtroom setting.
Continual Communication: We believe that a well-informed client is an empowered one. Throughout your case, our NYC personal injury lawyers maintain open lines of communication, keeping you updated on any developments and what they mean for you.
Aggressive Representation in Court: If your case does go to trial, you can count on our attorneys for aggressive, high-caliber representation aimed at achieving the best possible outcome for you.
No Win, No Fee: We operate on a contingency basis, meaning you pay nothing unless we win your case. This commitment shows our confidence in our ability to get you the compensation you’re entitled to.
Whether you’ve been involved in a car accident, suffered from medical malpractice, or are dealing with another type of personal injury, The Orlow Firm is equipped to handle your case skillfully. Don’t leave your future to chance; maximize your case by calling us today at (646) 647-3398.Read More
New York City Wrongful Death Lawyers with offices in Queens, Brooklyn, Manhattan & The Bronx
Losing a loved one due to someone else’s negligence is a devastating experience. While no amount of money can ever truly compensate for such a loss, a wrongful death claim can provide financial relief and a sense of justice. In New York, there are specific criteria and factors considered when calculating death compensation. Below is an overview of these elements.
Understanding Economic Damages in New York Wrongful Death Cases
In a wrongful death claim, economic damages are monetary awards intended to compensate for the financial losses incurred due to the untimely death of a loved one. These damages aim to alleviate the financial burden on the surviving family members and dependents. Here, we provide a comprehensive breakdown of economic damages in the context of New York wrongful death cases.
Lost Earnings and Financial Support
One of the most significant components of economic damages is the calculation of lost earnings or financial support. This is the income the deceased would have reasonably been expected to earn had they not passed away. Factors such as the deceased’s age, occupation, earning history, and future earning potential are considered.
Medical expenses incurred for the treatment of the deceased before their death can also be recovered. This can include hospital stays, surgeries, medications, and any other treatments that were administered in an attempt to save the individual’s life.
Funeral and Burial Costs
The immediate financial burden often includes funeral and burial expenses. These costs can be significant and are usually recoverable as economic damages in a wrongful death lawsuit. Generally, these must be reasonable expenses, as defined by common practice and prices in New York.
Loss of Inheritance
In some instances, especially where young children are left behind, the court may consider the loss of inheritance as an economic damage. This is an estimate of what the deceased would have saved and left behind for their heirs if not for their premature death.
Loss of Benefits
Apart from wages, the deceased may have provided other financial benefits to the family, such as health insurance, retirement benefits, and pensions. The value of these lost benefits can be calculated and included in the economic damages.
The deceased may have contributed to the household in ways that aren’t immediately obvious but have an economic value. This could include chores, maintenance, childcare, and other forms of domestic help that the surviving family members now need to pay for.
Calculating economic damages often involves complex calculations and may require the testimony of expert witnesses like economists, accountants, or actuaries. These experts can provide a more accurate assessment of the long-term financial impact of the loss.
Understanding Non-Economic Damages in New York Wrongful Death Cases
When pursuing a wrongful death claim, non-economic damages serve to compensate for the intangible and emotional losses suffered by the surviving family members. Unlike economic damages, which cover quantifiable losses like medical bills and lost wages, non-economic damages are more abstract. Here’s an in-depth look at the types of non-economic damages commonly awarded in New York wrongful death cases.
Loss of Consortium
Loss of consortium refers to the emotional and psychological suffering experienced by the surviving spouse due to the loss of companionship, love, and intimacy. In New York, this type of damage aims to compensate the spouse for the emotional toll that the loss of their partner has taken.
Loss of Parental Guidance
For families with minor children, the loss of a parent can be particularly devastating. This category of non-economic damages seeks to compensate for the loss of moral upbringing, emotional support, education, and overall guidance that the deceased parent would have provided.
Loss of Companionship and Emotional Support
Non-economic damages can also compensate other close family members for the loss of companionship and emotional support. This can include the deceased’s relationship with siblings, parents, or even close friends, depending on the circumstances of the case.
Pain and Suffering of the Deceased
While not applicable in every case, some New York wrongful death claims may include damages for the pain and suffering experienced by the deceased prior to their death. However, this is generally more difficult to quantify and may require substantial evidence and expert testimony.
Surviving family members may also seek damages for their own emotional distress, grief, and mental anguish stemming from the loss of their loved one. These damages aim to compensate for the emotional toll of adjusting to life without the deceased.
Quality of Life
In some instances, the court may consider how the loss has impacted the quality of life for surviving family members. This can be especially significant if the deceased was a primary caregiver or played a significant role in the day-to-day happiness and well-being of the family.
Calculating Non-Economic Damages
Due to their intangible nature, calculating non-economic damages is often subjective and can vary greatly from one case to another. Expert testimonies, such as those from psychologists or life care planners, may be employed to provide a more accurate assessment of these losses.
Understanding Punitive Damages in New York Wrongful Death Cases
In the realm of wrongful death lawsuits, punitive damages serve a different purpose compared to economic and non-economic damages. While the latter types aim to compensate the victim’s family for their losses, punitive damages are intended to punish the defendant for particularly egregious or malicious behavior. Below, we delve into the specifics of punitive damages in the context of New York wrongful death cases.
When Are Punitive Damages Awarded?
Punitive damages are not commonly awarded in New York wrongful death cases. They are considered in exceptional situations where the defendant’s actions were especially reckless, willful, or malicious. Examples could include death resulting from a DUI accident where the driver was excessively intoxicated, or in cases involving intentional harm.
Objectives of Punitive Damages
The primary goal of awarding punitive damages is twofold:
- To Punish the Defendant: The monetary penalty serves to punish the individual or entity for their wrongful actions, holding them accountable for behavior that goes beyond mere negligence.
- To Deter Future Misconduct: The threat of punitive damages can act as a deterrent, discouraging the defendant and others from engaging in similar reckless or malicious actions in the future.
Calculating Punitive Damages
There is no fixed formula for calculating punitive damages in New York. The amount is generally determined by a jury and can depend on various factors such as:
- The severity of the defendant’s misconduct
- The defendant’s financial standing
- Previous similar incidents or a lack thereof
- The impact of the actions on the victim and their family
Legal Requirements and Limitations
New York does not have a statutory cap on punitive damages, but the amount awarded must be reasonable and proportionate to the egregiousness of the defendant’s actions. Additionally, punitive damages are not automatically included in wrongful death lawsuits. They must be specifically pleaded and proven by the plaintiff.
Given the exceptional nature of punitive damages, expert testimony may be required to establish the defendant’s egregious conduct. Legal experts can help articulate the level of wrongdoing and justify the need for punitive damages.
Distribution of Wrongful Death Compensation Among Family Members in New York
When a wrongful death claim is successful, one of the important considerations is how the awarded compensation will be distributed among the surviving family members. In New York, the state’s laws and the specifics of the case largely dictate this distribution. Below, we discuss how compensation is allocated among family members in New York wrongful death cases.
Who Is Eligible?
In New York, the following family members are generally considered eligible for a share in the wrongful death compensation:
- Children (biological or legally adopted)
- Siblings (in some cases)
Executor or Administrator of the Estate
The distribution process typically begins with the appointment of an executor or administrator for the deceased’s estate. This person is responsible for filing the wrongful death claim and, if successful, distributing the compensation among eligible family members.
Factors Considered for Distribution
Various factors influence how compensation is divided, such as:
- Financial Dependence: Family members who were financially dependent on the deceased are often prioritized.
- Loss Suffered: The extent of loss—both emotional and financial—suffered by each family member may be assessed.
- Relationship to the Deceased: Spouses and minor children are generally considered first in line for a larger share of the compensation.
- Special Circumstances: Factors like medical needs or education costs for minor children may also be considered.
- Spouse: If there are no children, the spouse typically receives the entire award. If there are children, the award is usually divided, with the spouse and children sharing the compensation.
- Children: Minor children may be awarded a larger share to cover educational and care expenses. Adult children may also receive a portion, depending on their financial dependence on the deceased.
- Parents: If the deceased has no spouse or children, the parents are often the next in line to receive compensation.
- Siblings: They are generally considered only if there are no surviving spouse, children, or parents.
Legal Guidance for Fair Distribution
Given that each family’s situation is unique, determining the fair distribution of compensation can be complex and often requires legal expertise.
Other Factors Affecting Distribution of Wrongful Death Compensation in New York
Apart from the straightforward legal aspects and familial relationships that influence the distribution of wrongful death compensation in New York, there are other nuanced factors that can affect how the award is allocated among family members. Understanding these factors can offer a more complete picture of what to expect during the distribution process.
Marital Status and Domestic Partnerships
In some cases, the marital status of the deceased can influence distribution. If the deceased was separated but not legally divorced, the estranged spouse may still be entitled to a portion of the award, depending on various circumstances.
Sometimes, family members have pre-existing agreements or trusts established by the deceased that may specify how assets, including wrongful death compensation, should be distributed. Courts may consider such legal instruments in the allocation process.
Debts and Liabilities
Before distribution to family members, any debts or liabilities of the deceased must typically be paid out from the awarded compensation. These can include medical bills, funeral expenses, and outstanding debts that may need to be settled.
In some instances, the life expectancy of eligible family members may influence the allocation. For example, younger children may receive a larger share to cover long-term costs such as education and upbringing.
Emotional and Psychological Support
Although difficult to quantify, the emotional and psychological support provided by the deceased to each family member may be considered when determining how to fairly divide the compensation.
Negligence or Fault
In certain cases, if a family member’s negligence or fault contributed to the wrongful death, their share of the compensation may be affected. New York courts may consider contributory or comparative negligence when allocating the award.
While wrongful death awards are generally not subject to income tax, estate taxes could apply if the compensation pushes the deceased’s estate value above federal or state estate tax thresholds.
Legal fees and costs associated with pursuing the wrongful death case are usually deducted from the total award before distribution among the family members.
Statute of Limitations for Wrongful Death Claims in New York
In legal terms, the “statute of limitations” refers to the specific time frame within which a lawsuit must be filed. Failing to adhere to these deadlines can result in the forfeiture of your right to pursue legal action. In the context of wrongful death claims in New York, understanding the statute of limitations is crucial for preserving your right to seek justice and compensation for your loss.
General Time Frame
In New York, the general statute of limitations for filing a wrongful death claim is two years from the date of death of the individual in question. This means that the executor or administrator of the estate has exactly two years from the date the death occurred to initiate legal proceedings.
Exceptions to the General Rule
While the two-year window is standard, there are specific situations that may either extend or shorten this time period:
- Minors: If the only surviving beneficiaries are minors, the statute may be tolled (paused) until the youngest beneficiary reaches the age of 18. However, this does not apply to the person responsible for filing the claim, typically the estate’s executor or administrator.
- Discovery Rule: In certain cases, the cause of death may not be immediately apparent. In such situations, New York courts might apply the “discovery rule,” which allows the clock to start ticking from the date the cause of death was discovered or should have been discovered.
- Government Entities: If the claim is against a government entity or municipality, special rules and shorter time frames usually apply, often requiring a notice of claim to be filed within 90 days of the incident.
Importance of Timely Action
Failing to file a wrongful death claim within the designated statute of limitations typically results in the loss of your right to pursue the case, regardless of its merits. Timely action is essential to preserve evidence, witness testimonies, and other crucial aspects that can significantly impact your claim.
Legal Assistance for Meeting Deadlines
Because the statute of limitations involves strict deadlines and potential exceptions, navigating this aspect of a wrongful death claim can be complex.
How The Orlow Firm Can Maximize Your Wrongful Death Case in New York
When dealing with the loss of a loved one due to wrongful death, the emotional and financial toll can be overwhelming. In such trying times, it is crucial to have experienced and competent legal representation to guide you through the complex legal landscape. Here’s how The Orlow Firm can help maximize your wrongful death case in New York:
Extensive Legal Expertise
Our experienced New York personal injury attorneys specialize in wrongful death claims. We have a deep understanding of the state’s legal requirements, time-sensitive nature, and the types of compensation you may be entitled to, including economic, non-economic, and sometimes punitive damages.
Comprehensive Case Evaluation
We begin by conducting a thorough investigation of the circumstances surrounding the wrongful death. This involves gathering essential evidence, consulting with medical experts, and calculating the full extent of your losses—both financial and emotional.
Our lawyers are adept at negotiating with insurance companies and opposing counsel. We are committed to ensuring that you receive a settlement that truly compensates for your losses, and we will not hesitate to go to trial if a fair settlement cannot be reached.
Compliance with the statute of limitations is crucial in any wrongful death claim. We take timely action to file all necessary documents and make sure you do not lose your right to claim due to procedural errors or missed deadlines.
Family Member Distribution Consultation
We offer expert advice on the distribution of the wrongful death award among family members, taking into consideration financial dependence, emotional loss, and other relevant factors that can maximize the award for each beneficiary.
Exceptional Client Service
We maintain transparent and open communication throughout the legal process. Our team is always available to answer your questions, keep you updated on your case’s progress, and provide emotional support during this challenging time.
No Upfront Fees
We operate on a contingency fee basis, meaning you don’t pay us unless we win your case. This ensures that you have access to top-tier legal representation without adding financial strain during an already difficult period.
Take the Next Step: Consult With The Orlow Firm Today
Navigating a wrongful death claim is emotionally and legally complex. For comprehensive, compassionate, and competent legal assistance to maximize your wrongful death claim, call The Orlow Firm at (646) 647-3398.Read More
When you receive a settlement for a personal injury case in New York, one of the questions that often arises is whether or not this money is taxable. Understanding the tax implications of your settlement is crucial for both planning your finances and avoiding any legal complications.
Federal vs. State Taxes: What’s the Difference in the Context of Personal Injury Settlements?
When dealing with the taxation of a personal injury settlement, it’s important to understand the distinctions between federal and state tax laws. Each has its own set of rules, regulations, and exceptions that may affect the taxability of your settlement. Below, we delve deeper into these crucial differences, especially as they pertain to New York residents.
Federal taxes are governed by the Internal Revenue Service (IRS) and apply uniformly across all 50 states. According to IRS guidelines:
- Personal Injury Settlements: Generally, settlements received for personal physical injuries are not considered taxable income.
- Punitive Damages: These are usually taxable under federal law, regardless of whether they are related to a personal injury.
- Lost Wages: If the settlement compensates for lost wages, this portion is often considered taxable income.
- Interest: Any interest accrued on the settlement amount is taxable.
- Legal Fees: Depending on the circumstances, you may or may not be able to deduct attorney’s fees from your taxable income.
New York State Taxes
In New York, state taxes are overseen by the New York State Department of Taxation and Finance. New York generally aligns with federal tax law on the taxability of personal injury settlements, but there can be state-specific considerations:
- Personal Injury Settlements: As with federal taxes, these are usually not taxable in New York.
- Punitive Damages: These are considered taxable income, aligning with federal tax law.
- Lost Wages: Any portion of the settlement attributed to lost wages is usually considered taxable income on your state return, similar to the federal treatment.
- State Tax Returns: You may need to report certain types of settlement income on your New York state tax return, even if they are not taxable, to ensure full compliance with state laws.
Why Understanding Federal vs. State Tax Differences is Vital
Understanding the nuances between federal and New York state tax laws is crucial for anyone receiving a personal injury settlement. A lack of awareness could lead to unexpected tax liabilities and penalties. Given these complexities, it’s imperative to consult with a qualified New York personal injury lawyer to fully understand your tax obligations.
Tax-Free Personal Injury Settlements
In most cases, personal injury settlements are not subject to federal income tax, per the IRS regulations. The premise here is that the settlement money is not income but a compensation to make you “whole” again. This generally extends to emotional distress that originates from the injury or accident. New York generally adheres to federal guidelines on this issue.
Exceptions: When is a Personal Injury Settlement Taxable in New York?
Understanding the taxability of a personal injury settlement in New York can be complicated. While many types of settlement proceeds are not taxable, several exceptions exist. Below is an expanded look at the circumstances under which your settlement may be subject to federal or New York state taxes.
- Punitive Damages
Punitive damages are awarded to punish the defendant rather than to compensate you for your losses. Because of this, both federal and New York state tax laws usually consider punitive damages as taxable income.
- Interest on the Settlement
Sometimes, your settlement may take a long time to resolve, and interest accrues on the amount. This interest is considered taxable income. It’s crucial to understand how much of your settlement is interest, as this portion will be subject to tax.
- Lost Wages and Earnings
Settlement amounts designated for lost wages or lost earnings are generally considered taxable income. Both the federal IRS and New York state see this part of the settlement as a replacement for income you would have otherwise earned, making it subject to income tax.
- Emotional Distress Not Related to Physical Injury
Compensation for emotional distress is generally not taxable if it directly results from a physical injury. However, if your claim for emotional distress is not related to a physical injury, the settlement amount you receive for emotional distress is usually taxable.
- Legal Fees
In some cases, legal fees can affect the taxability of your settlement. If you have to pay attorney fees and those aren’t separated from your settlement amount, the full amount—including what goes to your attorney—may be considered taxable. Tax treatment of legal fees can be complex and may require specialized tax advice.
- Reimbursement for Medical Expenses Previously Deducted
If you had previously deducted medical expenses related to the personal injury on your tax return, and your settlement includes a reimbursement for those expenses, that portion may be taxable.
- Breach of Contract, Property Damage, and Other Non-Physical Injuries
Settlements related to non-physical injuries like breach of contract, property damage, or infringement cases are usually considered taxable income. If your personal injury case involves elements like these, part or all of your settlement may be taxable.
How The Orlow Firm Can Help Maximize Your Personal Injury Case in New York
When you’ve been injured due to someone else’s negligence, choosing the right legal representation can make all the difference in the outcome of your case. The Orlow Firm is committed to providing exceptional legal services to those who have suffered personal injuries in New York. Below, we outline how our team can help you maximize your settlement or verdict.
Extensive Experience in Personal Injury Law
Our team is skilled in handling a variety of personal injury cases, ranging from car accidents to premises liability and medical malpractice. Our broad experience allows us to anticipate challenges and formulate effective strategies, giving you a distinct advantage.
Comprehensive Case Evaluation
At The Orlow Firm, we conduct a thorough analysis of your case to identify all liable parties and sources of compensation. We gather necessary evidence, consult with medical professionals, and utilize expert witnesses to strengthen your claim.
Skillful Negotiation Tactics
Our New York personal injury attorneys are seasoned negotiators, and we strive to secure a fair settlement without going to trial when possible. We prepare every case as if it will go to court, giving us leverage during settlement negotiations.
Aggressive Court Representation
If a fair settlement isn’t possible, our attorneys are prepared to take your case to trial. We present compelling arguments backed by solid evidence, seeking to maximize your compensation for medical expenses, lost wages, and pain and suffering.
Contingency Fee Structure
We operate on a contingency fee basis, which means you pay nothing unless we win your case. This ensures that high-quality legal representation is accessible to everyone, regardless of financial standing.
Continuous Communication and Support
We maintain ongoing communication with our clients, updating you at every step of the legal process. We are always available to answer questions and provide guidance, ensuring you are never in the dark about your case.
Knowledge of New York Laws and Regulations
Our attorneys are well-versed in New York personal injury laws, as well as the specific regulations that may apply to your case, whether you’re dealing with a construction accident in NYC or a slip and fall in another part of the state.
In order to serve New York’s diverse community, our services are available in multiple languages, ensuring clear and comprehensive legal assistance for all.
Expertise in Maximizing Settlements
Our track record speaks for itself. We have successfully obtained significant settlements and verdicts for our clients, and we focus on maximizing your compensation through meticulous case preparation and aggressive representation.
Take the Next Step: Call Us Today
If you or a loved one has been injured, don’t wait. Reach out to The Orlow Firm at (646) 647-3398 today for a free consultation and take the first step towards obtaining the compensation you deserve.Read More
What to Do if You’re a Passenger in a Car Accident: A Comprehensive Guide
Being involved in a car accident is a distressing experience for everyone involved, including passengers. While the focus often falls on the drivers, it’s essential for passengers to know what steps to take after a car accident to protect their rights and health. As a leading New York car accident law firm, we’ve laid out the necessary actions you should take if you find yourself in such an unfortunate situation.
Ensuring Safety First: The Initial Steps to Take as a Passenger in a Car Accident
The moments following a car accident can be chaotic and overwhelming. It’s easy to feel disoriented and unsure of what to do next. However, ensuring safety should always be the primary concern for everyone involved, including passengers. Below, we outline crucial steps that passengers should follow to safeguard their health and well-being immediately after a car accident in New York City.
Check for Injuries
- Self-Assessment: The first thing to do is to check yourself for injuries. You might be in shock and not feel pain immediately.
- Assess Others: Once you’ve assessed your own condition, check the well-being of other occupants in the vehicle, including the driver.
Move to a Safer Location
- Get Out of Traffic: If the vehicle is in a dangerous position, such as the middle of the road, try to move to a safer location like the side of the road or a parking lot.
- Turn On Hazard Lights: If the car is still operable, turn on the hazard lights to signal to other drivers that the vehicle is immobile.
Call Emergency Services
- Dial 911: Whether or not there are apparent injuries, it’s crucial to get emergency responders on the scene as quickly as possible.
- Provide Accurate Information: When speaking with emergency dispatchers, try to give a clear and accurate description of the accident location and any injuries that might require immediate attention.
Wait for Help
- Stay Inside or Near the Vehicle: Unless the vehicle poses immediate risks like a fire hazard, it’s generally safer to remain inside or close by.
- Avoid Further Injury: Be cautious of other vehicles that may be passing close to the accident scene.
Cooperate with Authorities
- Give a Statement: When law enforcement arrives, they will likely want to take statements from everyone involved, including passengers. Cooperate fully but avoid speculating about the causes of the accident.
Why It’s Crucial to Speak to a NYC Car Accident Lawyer
Ensuring safety after an accident is just the first step. Navigating the complicated legal and insurance landscape that follows requires expertise. Speaking to a qualified New York City car accident lawyer can help you understand your rights and options as a passenger involved in a car accident.
For a free consultation to discuss your circumstances, don’t hesitate to call us at (646) 647-3398.
By following these guidelines, you can help ensure your immediate safety and take the initial steps in securing your long-term well-being. Your health and legal rights are too important to risk; contact experienced NYC car accident attorneys to guide you through this challenging time.
Collecting Information: A Vital Step for Passengers in a New York Car Accident
While ensuring safety is the primary concern after a car accident in New York City, the next critical phase involves collecting pertinent information. As a passenger, you might think this responsibility falls solely on the driver, but gathering information can be equally crucial for you. It could be invaluable later when filing insurance claims or potentially pursuing a personal injury lawsuit.
Document the Driver’s Information
- Contact Details: Obtain the name, phone number, and address of the driver.
- Insurance Information: Request to see the driver’s insurance card and take note of the insurance company, policy number, and other relevant details.
- Vehicle Information: Write down the car’s make, model, year, and license plate number.
Witnesses and Third Parties
- Collect Statements: If anyone saw the accident, their perspective could be essential. Collect names and contact information for these witnesses.
- Neutral Third Parties: Sometimes, bystanders or local businesses may have surveillance footage. Note down these potential sources of evidence.
Document the Scene
- Photographs: Use a camera or smartphone to take pictures of the accident scene, your injuries, the vehicle’s damages, license plates, and any road signs or signals.
- Weather and Road Conditions: Make a note of the weather and road conditions at the time of the accident, as these can sometimes be factors in legal cases.
Obtain Police Report
- Request a Copy: Once the police have filed their report, request a copy for your records.
- Report Number: Sometimes, you may only get a report number initially, which can later be used to obtain the complete report.
Gather Medical Records
- Hospital Bills: Keep all medical records and bills related to the accident.
- Doctor’s Notes: Statements from healthcare providers about your injuries can be vital in proving the extent of your suffering.
Preserve Personal Effects
- Damaged Property: Preserve any personal property that was damaged during the accident, as it may serve as evidence later on.
Why Contact a New York City Car Accident Lawyer?
Information is power, especially in the legal world. Accurate, comprehensive information can greatly assist your New York car accident lawyer in effectively representing your interests, whether it’s for an insurance claim or a personal injury lawsuit.
To understand more about how to secure your rights and potential compensation as a passenger in a car accident, call us at (646) 647-3398 for a free consultation.
The process of collecting this crucial information can be complicated and demanding, particularly when you’re dealing with the aftermath of an accident. Let qualified NYC car accident attorneys guide you through this crucial period to ensure that your legal rights are fully protected.
Why Seeking Medical Attention is Crucial for Passengers in a NYC Car Accident
After experiencing a car accident, it might be tempting to brush off your symptoms, especially if they seem minor at first. However, failing to seek medical attention can have significant repercussions on both your health and any subsequent personal injury claims. Here is why it’s crucial for passengers involved in a car accident in New York City to seek medical evaluation and what steps to take.
Immediate Medical Attention
- Emergency Services: If your injuries are severe, you will likely be taken to the hospital immediately via ambulance.
- First Aid: Even for less severe injuries, it’s important to receive first aid at the scene if possible.
- Symptom Assessment: Medical professionals can identify symptoms that you may not even realize are related to the accident.
- Preventing Complications: Early diagnosis can prevent minor injuries from becoming serious issues in the future.
- Documentation: Medical reports serve as official records of your injuries, which can be crucial evidence in your case.
- Timeline: Having a record of medical care immediately after the accident helps establish a timeline that may be critical for any subsequent claims.
- Ongoing Care: Some injuries may require extended medical treatment, like physical therapy or surgical intervention.
- Medical Expenses: Keep a record of all your medical expenses, including costs of prescription medicine and treatment supplies.
- Second Opinion: For serious injuries, consider seeking a second opinion to confirm the diagnosis and treatment plan.
- Specialists: Depending on the nature of your injuries, consultation with specialists like orthopedic doctors or neurologists may be necessary.
Why Speak to a NYC Car Accident Attorney?
Failing to seek proper medical attention could jeopardize your health and seriously undermine any claims for compensation you may pursue. Experienced New York City car accident lawyers can not only guide you through the legal process but can also help you understand how medical documentation will play a pivotal role in strengthening your case.
To discuss your case and understand how timely medical attention can impact it, call us today at (646) 647-3398 for a free consultation.
The road to recovery after a car accident can be long and arduous, but taking the right steps from the beginning, including seeking proper medical attention, is crucial. If you’ve been a passenger in a car accident in New York, let our qualified NYC car accident attorneys guide you through the entire process to protect your health and your rights.
What if the driver is a friend or family member?
Being a passenger in a car accident is stressful, but the situation can become even more complex when the driver is a friend or family member. It’s natural to feel conflicted about pursuing an insurance claim in such situations, but it’s important to remember that you’re generally not filing a claim against the individual, but rather against their insurance policy. The primary goal is to cover medical bills, lost wages, and other related expenses that you’ve incurred as a result of the accident. Often, insurance policies are in place precisely to handle situations like this. Avoiding a claim could mean that you’re left to deal with substantial costs on your own. Consult with New York City car accident lawyers to understand your rights and the best course of action. For a comprehensive understanding of your unique circumstances, call us at (646) 647-3398 for a free consultation.
Who will cover my medical expenses?
Determining who will cover your medical expenses after a car accident in New York City depends on several factors, including insurance policies and fault. New York is a “no-fault” state, which means that regardless of who is at fault in the accident, your own insurance policy should initially cover your medical expenses up to the policy limits. This is generally done through Personal Injury Protection (PIP) coverage. If your medical expenses exceed these limits, or if you have suffered severe injuries, you may have the option to pursue a claim against the at-fault driver’s insurance. Additionally, if you are a passenger, the driver’s insurance policy might also cover your medical bills. It’s crucial to consult with experienced NYC car accident attorneys to navigate the complexities of insurance claims and to explore all avenues for compensation. For a personalized discussion about covering your medical expenses, call us at (646) 647-3398 for a free consultation.
Can a passenger sue both drivers in a car accident?
In a two-car collision where both drivers may share fault, a passenger might wonder if they can sue both drivers for damages. The short answer is yes; it’s possible to file claims against both drivers involved in a New York City car accident. New York follows a “comparative fault” system, meaning each driver can be held financially responsible according to their percentage of fault in the accident. As a passenger, you generally have no liability, making it easier to claim against one or both drivers. However, successfully suing multiple parties involves navigating complex legal procedures and presenting compelling evidence of each driver’s liability. Expert legal guidance from a New York City car accident lawyer can make a significant difference in your case. To explore your options and understand the potential for filing claims against multiple drivers, call us at (646) 647-3398 for a free consultation.
Your safety and well-being are our top priorities. If you find yourself as a passenger in a car accident, don’t hesitate to call us at (646) 647-3398 to discuss your legal options.Read More
Understanding legal terminology can be complex, especially when dealing with the aftermath of an accident. If you’ve been involved in an incident and are seeking compensation, it’s essential to understand the difference between bodily injury and personal injury. These terms may sound similar but are often used in different legal contexts.
- Bodily Injury is specific to physical harm and is often used in insurance and criminal law contexts.
- Personal Injury is broader and includes physical harm, emotional distress, and other types of damages. It is primarily used in civil lawsuits.
- Both terms can be applicable in an accident, but the legal proceedings and compensation could differ based on the term used.
Bodily Injury: A More Focused Legal Term
When it comes to legal definitions, precision is key. One term that often arises in discussions involving accidents, insurance claims, or criminal charges is “bodily injury.” Understanding the narrow scope of this term can have significant implications for your legal case.
Definition and Legal Context
Bodily Injury is generally described as any physical harm or injury sustained by a person due to the actions or negligence of another. This term is most commonly associated with:
- Automobile Insurance Policies: Most car insurance policies include a “bodily injury liability” clause that outlines the extent of coverage for injuries sustained by other parties in a car accident.
- Criminal Cases: In criminal law, bodily injury might be an essential element in cases involving assault, battery, or other forms of physical harm.
- Workers’ Compensation: The term can also arise in workers’ compensation claims, specifically relating to physical injuries sustained on the job.
Types of Bodily Injuries
Bodily injuries can vary in severity and type, including but not limited to:
- Soft Tissue Injuries: Sprains, strains, and whiplash fall under this category.
- Fractures and Broken Bones: These injuries are common in car accidents and slip-and-fall cases.
- Burns: Severity ranges from first-degree to third-degree burns, and these are often seen in workplace accidents or car crashes involving fires.
- Traumatic Brain Injuries (TBI): Concussions and other types of brain injuries can have long-lasting consequences.
- Spinal Cord Injuries: These injuries can result in partial or full paralysis and often require extensive medical treatment.
Limitations of the Term “Bodily Injury”
One key limitation of the term “bodily injury” is that it does not usually cover emotional or psychological distress. For example, if you’ve been in a car accident and suffer from post-traumatic stress disorder (PTSD) but have no physical injuries, a bodily injury claim may not encompass your emotional suffering. In such instances, you may need to explore options under personal injury law.
Why Understanding Bodily Injury Matters
The legal complexities surrounding the term “bodily injury” mean that it’s crucial to consult with an expert who can navigate these specific issues. NYC personal injury attorneys specializing in bodily injury cases can provide valuable guidance on how to proceed with your claim, whether it’s an insurance settlement negotiation or a lawsuit.
If you have further questions or require legal assistance, don’t hesitate to call us at (646) 647-3398 for a free consultation.
Personal Injury: An All-Encompassing Legal Concept
In the complex landscape of legal terminology, the term “personal injury” stands out as one of the most inclusive and wide-ranging. Unlike the more narrow definition of bodily injury, personal injury encompasses a variety of harms and damages a person can experience. Understanding the breadth of this term is critical, especially if you’re pursuing legal action following an accident or wrongful conduct.
Definition and Scope
Personal Injury refers to any harm—physical, emotional, or psychological—that a person suffers due to the negligence, recklessness, or intentional actions of another party. This term is primarily used in civil litigation, where the objective is to seek financial compensation for the injured party. Personal injury law covers a multitude of situations, including but not limited to:
- Car Accidents: Whether it’s a minor fender-bender or a significant collision, if you’re injured due to someone else’s fault, it falls under personal injury law.
- Medical Malpractice: Errors by healthcare professionals that lead to harm can be subject to personal injury claims.
- Defective Products: If a product’s design or manufacturing defect leads to your injury, you may have a personal injury case.
- Premises Liability: Injuries occurring on someone else’s property, such as slip-and-fall cases, are included under personal injury law.
- Workplace Accidents: While many of these cases are handled through workers’ compensation, some may warrant a personal injury claim.
- Wrongful Death: If a person’s negligent or malicious actions lead to someone else’s death, the surviving family members may file a personal injury lawsuit.
Types of Damages Covered
Unlike bodily injury, which focuses strictly on physical harm, personal injury allows for a broader range of damages, such as:
- Medical Expenses: Current and future medical bills related to the injury.
- Lost Wages: Loss of income due to inability to work.
- Pain and Suffering: Physical and emotional distress caused by the injury.
- Loss of Consortium: The impact of the injury on your relationship with your spouse or family members.
- Punitive Damages: In some cases, additional financial penalties aimed at punishing the offending party.
Importance for Your New York Case
In the context of New York personal injury law, understanding the comprehensive nature of the term “personal injury” can influence your legal strategy. Whether you’ve been in an auto accident in NYC or are a victim of medical malpractice, NYC personal injury attorneys can help you navigate the complexities of the law to seek the full scope of compensation you deserve.
If you believe you have a personal injury case and require expert guidance, call us today at (646) 647-3398 for a free consultation.
Why Understanding the Difference Matters for Your Case
When you’ve suffered an injury due to someone else’s negligence or intentional actions, understanding the legal terms like “bodily injury” and “personal injury” isn’t just legal jargon—it’s crucial for the success of your case. The type of injury you claim can directly impact the kind of damages you may be eligible to recover, as well as the legal pathways available for doing so. Below are some key reasons why these distinctions are essential for your case, especially if you’re based in New York City.
Legal Strategy and Approach
The terms “bodily injury” and “personal injury” dictate the legal strategy and approach your NYC personal injury attorneys will adopt. For instance, a case framed under “bodily injury” would primarily focus on proving physical harm and might exclude psychological suffering. Conversely, a “personal injury” claim offers a wider scope, allowing you to claim damages for emotional distress, loss of consortium, and even defamation in some cases.
Types of Damages Recoverable
The damages you can claim will vary depending on whether it’s a bodily injury or a personal injury case.
- Bodily Injury: Typically covers medical expenses, rehabilitation costs, and possibly loss of income related to the physical injury.
- Personal Injury: Allows for a broader range of damages, including pain and suffering, emotional distress, and in some cases, punitive damages.
Understanding these distinctions will enable you to make a well-informed decision about what kind of compensation to seek.
The term you use can also affect insurance negotiations. Insurance policies often have separate coverages for bodily injury and may not encompass the full range of harms you’ve experienced, limiting your compensation. A knowledgeable New York personal injury lawyer can negotiate adeptly with insurance companies to ensure you get the most comprehensive settlement possible.
Statute of Limitations
The time limits for filing a lawsuit may differ depending on the specifics of the injury. For instance, New York has a statute of limitations that varies depending on the type of personal injury claim. Knowing the appropriate category for your case will ensure you file within the legally permitted timeframe.
Legal Expertise Required
Different types of injuries require specialized legal expertise. If your injury encompasses both physical and emotional aspects, you’ll benefit from consulting NYC personal injury attorneys experienced in handling a broad array of personal injury cases.
In summary, understanding the difference between “bodily injury” and “personal injury” can significantly impact your legal approach, the damages you seek, and the outcome of your case. For personalized legal guidance tailored to your unique situation, call us at (646) 647-3398. We’re here to assist you every step of the way.
How The Orlow Firm Can Help Maximize Your Personal Injury Case
When you’ve been injured due to someone else’s negligence or intentional wrongdoing, your priority should be your recovery. But with medical bills piling up and the prospect of lost wages, navigating the complexities of personal injury law can be daunting. That’s where The Orlow Firm comes in. As seasoned NYC personal injury attorneys, we specialize in helping clients maximize their compensation. Here’s how we can assist you in making the most out of your personal injury case.
In-Depth Case Evaluation: Our first step is a comprehensive assessment of your case, examining all its facets to understand both its strengths and weaknesses. This includes collecting all relevant evidence, speaking with witnesses, and consulting with medical professionals to gauge the extent of your injuries and the associated costs.
Comprehensive Legal Strategy: Based on our initial evaluation, we formulate a robust legal strategy specifically designed for your unique situation. This may involve negotiating with insurance companies or preparing for court litigation, all aimed at maximizing your compensation.
Expert Negotiation Skills: Insurance companies are often more interested in protecting their bottom line than in offering you the full compensation you deserve. Our expertise lies in negotiating effectively with insurance companies, ensuring that you’re not short-changed in any settlement discussions.
Extensive Courtroom Experience: If your case proceeds to trial, you’ll want an experienced attorney by your side. Our team has extensive courtroom experience, and we’re not afraid to go to court to ensure that you get the justice you deserve.
No Upfront Costs: We operate on a contingency fee basis, which means you won’t pay any upfront costs. We only get paid if you win, so you can be confident that we’re fully invested in securing the best outcome for you.
Frequent Communication and Updates: We understand the stress and uncertainty that comes with legal proceedings. That’s why we’re committed to keeping you informed at every stage of your case, providing timely updates and being available to answer any questions you may have.
Local Expertise: As specialized New York personal injury lawyers, we have a deep understanding of New York State’s legal landscape, giving you the localized expertise that’s crucial for your case.
Understanding the ins and outs of personal injury law can make all the difference in the outcome of your case. With The Orlow Firm, you’ll be working with experts dedicated to securing the maximum compensation for you. If you’re looking for professional legal advice tailored to your specific needs, call us today at (646) 647-3398.Read More
New York City Car Accident Lawyers With Offices In Queens, Brooklyn, Manhattan & The Bronx
T-bone car accidents, also known as side-impact collisions, are one of the most devastating types of traffic incidents one can experience. Determining fault in a T-bone accident is a crucial aspect that your New York City personal injury lawyers will thoroughly investigate to establish liability and seek compensation for you.
The Basics of T-Bone Accidents:
A T-bone accident, also known as a side-impact collision, occurs when the front end of one vehicle collides with the side of another, forming a “T” shape. These accidents are most commonly seen at intersections and can result in severe injuries or even fatalities. The sides of vehicles generally offer less protection than the front or rear, making occupants particularly vulnerable in a T-bone crash. Determining fault usually involves investigating factors such as traffic signals, right of way, and vehicle damage. In New York, these cases can be complicated due to the state’s comparative negligence law, which may allow for compensation even if you are partially at fault. If you’ve been involved in a T-bone accident in NYC, it’s crucial to consult with experienced New York City personal injury lawyers to navigate the complex legal landscape and seek the compensation you deserve. For immediate assistance, call (646) 647-3398.
Determining Fault: Key Considerations
Accurately determining fault in a T-bone accident is a crucial step toward pursuing legal recourse and obtaining compensation for damages and injuries. Various factors come into play, and understanding these can make a significant difference in the outcome of your case. Here are the key considerations that your New York City personal injury lawyers will look into:
Traffic Signals and Signs
The presence and status of traffic signals and signs at the intersection where the T-bone accident occurred are often the first points of reference. If one driver ran a red light or ignored a stop sign, they would likely be at fault. Compliance with traffic laws is a basic requirement for any driver, and failure to do so is strong evidence of negligence.
Right of Way
Knowing who had the right of way can provide significant insights into fault. For instance, a vehicle that was lawfully going through a green light would typically have the right of way over a vehicle that entered the intersection against a red light or a stop sign.
Third-party accounts from eyewitnesses can serve as unbiased sources of information. Eyewitness testimony can provide a different perspective on the accident, helping to clarify uncertainties and validate claims.
Nowadays, many intersections are equipped with traffic cameras. Additionally, dash cams have become more prevalent. Such footage can serve as irrefutable evidence when determining fault. Your NYC personal injury lawyer can help obtain this footage for analysis.
When law enforcement responds to an accident, they generate a police report which often includes an initial assessment of who is at fault. Although not definitive, the report can be a useful piece of evidence in determining liability.
The extent and location of damage on each vehicle involved can also indicate fault. For example, if one car’s front end is damaged while the other has side damage, it could imply that the former struck the latter, helping to establish who had the right of way and thus who is at fault.
Common Causes of T-Bone Accidents in New York
T-bone accidents are a prevalent and often severe type of vehicular accident in New York City. These side-impact collisions can result in significant injuries, property damage, and sometimes even fatalities. Understanding the common causes of T-bone accidents is essential for prevention and legal recourse. Below, we explore these causes in detail, offering insights that your New York City personal injury lawyers would consider while building your case.
- Running Red Lights or Stop Signs
One of the leading causes of T-bone accidents in NYC is the failure to obey traffic signals and signs. When a driver runs a red light or ignores a stop sign, they risk colliding with vehicles that have the right of way. Disobeying traffic rules not only endangers lives but also frequently results in legal liability.
Exceeding speed limits makes it difficult for drivers to stop or maneuver their vehicles effectively. High-speed vehicles are often the culprits in T-bone collisions, as they may not be able to stop in time to avoid an accident at an intersection.
- Distracted Driving
Distracted driving, often due to cell phone use, navigation systems, or in-car entertainment, impairs a driver’s ability to focus on the road. A distracted driver is less likely to notice changing traffic signals or other vehicles, increasing the likelihood of a T-bone accident.
- Failure to Yield
Drivers who fail to yield the right of way when required can cause T-bone collisions. This can occur when merging onto highways, navigating roundabouts, or turning left at intersections.
- Poor Weather Conditions
Rain, snow, and fog can severely impact visibility and road grip, increasing the risk of T-bone accidents. Drivers may misjudge distances or be unable to stop in time, leading to a collision.
- Impaired Driving
Driving under the influence of alcohol or drugs significantly impairs judgment, reaction time, and motor skills. Impaired drivers are more likely to cause accidents, including T-bone collisions.
- Vehicle Defects
Mechanical issues like brake failure, steering problems, or malfunctioning traffic signals can also contribute to T-bone accidents. In such cases, the liability may extend to manufacturers or entities responsible for maintaining the signals.
Understanding the common causes of T-bone accidents can help you appreciate the complexities involved in determining fault and liability. These elements are critical in building a robust case for compensation. Given the severe implications of T-bone accidents, it’s essential to consult with experienced NYC car accident lawyers to guide you through the legal processes involved.
If you or a loved one has been involved in a T-bone accident in New York, it’s crucial to act swiftly. Contact us today at (646) 647-3398 for a comprehensive legal consultation.
Comparative Negligence in New York
New York operates under a comparative negligence system. This means even if you are partially at fault, you may still be eligible for compensation. Your settlement amount would then be reduced by your percentage of fault.
Each of these elements plays a vital role in establishing fault and, subsequently, the amount of compensation you may be entitled to. Given the complexities involved, having an experienced New York City personal injury attorney by your side can be invaluable.
If you’re dealing with the aftermath of a T-bone accident and seeking to establish fault, don’t hesitate to call us at (646) 647-3398 for expert legal advice.
Why You Need a New York City Car Accident Lawyer
If you or someone you know has been involved in a T-bone accident in New York City, time is of the essence. The sooner you act, the better your chances of collecting the evidence needed to establish fault and claim the compensation you deserve.
For a comprehensive case evaluation and to discuss your legal options, call our experienced NYC personal injury lawyers today at (646) 647-3398.
How The Orlow Firm Can Help Maximize Your T-Bone Accident Case in New York City
In the aftermath of a T-bone accident, victims are often left facing physical, emotional, and financial hardships. It’s crucial to have a dedicated team of legal professionals on your side to ensure you receive the maximum compensation you deserve. At The Orlow Firm, our New York City personal injury lawyers have the expertise and experience to skillfully navigate the complex landscape of T-bone accident claims. Here’s how we can help maximize your case:
Comprehensive Case Evaluation: Our initial step involves a meticulous assessment of your unique circumstances. From the specifics of the accident to the nature of your injuries and potential damages, we examine every angle to devise a robust legal strategy aimed at maximizing your compensation.
Evidence Collection: Determining who is at fault is critical in a T-bone accident. We rigorously gather essential evidence, such as surveillance camera footage, eyewitness accounts, and police reports, to build a compelling case that establishes liability and enhances your claim for compensation.
Expert Witnesses: To further substantiate your case, we consult with expert witnesses like accident reconstructionists, medical professionals, and financial experts. Their testimonials can provide invaluable insights into the mechanics of the accident, the extent of your injuries, and the financial impact it may have on your life, thereby solidifying your claim.
Legal Guidance: Navigating the legal processes can be confusing and overwhelming. Our NYC personal injury lawyers offer you step-by-step guidance throughout the legal procedures, from filing claims to negotiating with insurance companies, so that you’re never in the dark.
Aggressive Negotiation: Insurance companies often aim to minimize payouts. Armed with evidence and expert testimonials, we engage in aggressive negotiations to ensure you receive the compensation you rightfully deserve.
Court Representation: If negotiations don’t yield a satisfactory settlement, we are prepared to take your case to court. Our lawyers are seasoned litigators who will argue passionately on your behalf, aiming to secure a verdict that adequately compensates you for your losses.
Comparative Negligence Assessment: New York operates under a comparative negligence system. Even if you’re partially at fault, you could still be eligible for compensation. We assess your degree of fault carefully to make sure you receive your fair share of the compensation.
No Upfront Fees: We work on a contingency basis, meaning you don’t pay unless we win your case. This ensures that you have access to high-quality legal representation without worrying about upfront costs.
Long-term Support: Even after your case is resolved, we provide ongoing support for any future legal needs you may have, making sure you continue to receive the care and compensation you need for your recovery.
If you or a loved one has been involved in a T-bone accident in New York City, don’t hesitate. Call us today at (646) 647-3398 for a comprehensive legal consultation and to discuss your best path forward.
New York City Personal Injury Lawyers With Offices in Queens, Brooklyn, Manhattan & The Bronx
When you’re injured due to someone else’s negligence, the aftermath can extend far beyond the immediate medical expenses and lost wages. Many victims also endure pain and suffering, a complex, subjective but crucial component of personal injury claims. This page aims to provide a comprehensive understanding of what qualifies as pain and suffering, and how it can affect your personal injury case in New York City. If you have further questions our NYC personal injury attorneys can provide detailed information tailored to your situation. Don’t hesitate to call us at (646) 647-3398 for a free consultation.
What is Pain and Suffering?
“Pain and suffering” is a legal term used to describe both the physical pain and emotional distress a victim endures as a result of an injury. It encompasses a wide range of experiences, from physical discomfort and mental anguish to loss of enjoyment of life. It is generally categorized into two types:
- Physical Pain and Suffering: This refers to the actual physical injuries you have sustained, including the pain and discomfort associated with those injuries both immediately following the accident and into the foreseeable future.
- Mental Pain and Suffering: This refers to the emotional and psychological impact of your injuries. This can include stress, anxiety, loss of sleep, and even more severe conditions like depression or post-traumatic stress disorder (PTSD).
How is Pain and Suffering Calculated?
Determining the monetary value of pain and suffering can be complex. The courts in New York City often consider multiple factors, such as:
- Severity of injuries
- Length of recovery period
- Emotional trauma experienced
- Impact on day-to-day life
- Existing medical reports and expert testimonies
New York personal injury lawyers use various methodologies to calculate these non-economic damages. If you’re unsure about your situation, we strongly encourage you to call (646) 647-3398 to discuss your case.
How to Prove Pain and Suffering in Your Personal Injury Case
In personal injury claims, demonstrating the extent of your pain and suffering is crucial for receiving the compensation you deserve. While economic damages like medical bills and lost wages are relatively straightforward to quantify, the intangible nature of pain and suffering makes it more challenging to prove. Here, we’ll guide you through the ways you can strengthen your claim for pain and suffering in New York City. For personalized advice tailored to your case, please reach out to our team of NYC personal injury attorneys at (646) 647-3398 for a free consultation.
Medical Records and Bills
Medical documentation serves as the foundation for proving pain and suffering. This includes:
- Hospital records
- Doctor’s notes
- Test results
- Treatment plans
These documents not only confirm the existence and extent of your physical injuries but can also indicate the level of pain and discomfort associated with them.
Personal Journals or Diaries
Maintaining a journal to record your daily experiences can be invaluable in establishing your case for pain and suffering.
- Note down your pain levels at different times of the day.
- Detail any activities that you can no longer participate in or enjoy.
- Keep a record of your emotional state, including instances of depression, anxiety, or sleep disturbances.
Family members, friends, and co-workers can testify on your behalf to describe how your injuries have impacted your lifestyle, emotional well-being, and ability to perform everyday tasks.
Expert testimonies from medical professionals, psychologists, and vocational experts can provide a nuanced understanding of your pain and suffering. They can attest to:
- The severity of your injuries
- The long-term impacts of your condition
- Your future prospects for recovery
Photos and Videos
Visual evidence can dramatically support your claims for pain and suffering:
- Pictures of your injuries
- Photos of your treatment or recovery process
- Videos that capture your physical limitations
Legal Assistance is Crucial
Proving pain and suffering is a complex process that requires skilled legal guidance. Our experienced New York personal injury lawyers can help you compile the necessary evidence, consult with experts, and craft a compelling case to maximize your compensation for pain and suffering.
If you are dealing with the aftermath of an injury due to someone else’s negligence, proving your pain and suffering should not be another burden you have to bear alone. Call (646) 647-3398 today for a free consultation and let us guide you through this challenging time.
Why Choose The Orlow Firm for Your Personal Injury Case?
When it comes to handling personal injury cases in New York City, choosing the right legal representation can make all the difference. Here’s why The Orlow Firm should be your top choice for legal guidance and representation. If you’d like to discuss your case directly, please call us at (646) 647-3398 for a free consultation.
Expertise in Personal Injury Law: The Orlow Firm specializes exclusively in personal injury law. This focus gives us an in-depth understanding of New York laws and legal intricacies related to various types of personal injury cases, from car accidents to slip and falls. Our NYC personal injury attorneys have a wealth of experience in successfully representing clients in a wide array of cases.
Track Record of Success: We have secured substantial settlements and verdicts for our clients. Our proven track record is a testament to our expertise and relentless pursuit of justice, ensuring that you receive the best possible outcome for your case.
Personalized Attention: At The Orlow Firm, we understand that every case is unique. Our attorneys provide individualized attention, taking the time to understand the nuances of your situation fully. We tailor our legal strategies to align with your specific needs and circumstances.
No Fees Unless We Win: We operate on a contingency fee basis, meaning you pay nothing unless we successfully recover compensation for you. This ensures our interests are directly aligned with yours, making us highly committed to winning your case.
Transparency and Communication: Keeping you informed is one of our core values. From your initial consultation to the final verdict, we maintain clear, honest, and open communication, ensuring you’re always aware of where your case stands.
Comprehensive Support: Beyond legal advice, we offer comprehensive support throughout your case. From evidence gathering to proving pain and suffering, we are with you every step of the way, ensuring your case receives the attention it deserves.
Highly Accessible: We understand that personal injury cases often require a sense of urgency. Our team is readily available to answer any questions or concerns you might have. We are quick to respond in emergency situations, ensuring your case moves forward without unnecessary delays.
Free Consultation: To understand your legal options and how we can assist you, we offer a free initial consultation. This no-obligation session allows you to explore how our team can help you achieve a favorable outcome.
When you’re facing the repercussions of a personal injury, you don’t have to go it alone. With The Orlow Firm, you get expertise, dedication, and personalized service. Don’t wait; call (646) 647-3398 today for a free consultation.Read More
New York City Wrongful Death Lawyers With Offices in Queens, Brooklyn, Manhattan & The Bronx
In the tragic event of losing a loved one, you may find yourself grappling with many complex emotions and questions. One pressing question might be whether the death could have been prevented, and if so, whether it qualifies as a “wrongful death” under New York law. In New York, a wrongful death is defined as one that occurs due to the negligence, wrongful act, or default of another individual or entity. While it is a subcategory of personal injury law, wrongful death claims are unique in that they focus on the harm experienced by the surviving family members rather than the victim.
- Understanding Wrongful Death: In New York, a wrongful death occurs when someone’s negligence, recklessness, or intentional actions result in another person’s death. To pursue a legal claim, one must prove various elements including duty of care, breach of that duty, causation, and resulting damages.
- Types of Damages: Damages in a New York wrongful death claim are primarily divided into economic and non-economic types. Economic damages include medical expenses, funeral costs, and lost wages, among others. New York is unique in limiting the types of non-economic damages that can be claimed.
- Proving Negligence: To establish negligence in a wrongful death case, you must prove that the defendant had a duty of care, breached that duty, and that this breach directly caused the death and resulting damages. Collecting strong evidence is crucial for proving these elements.
- Legal Assistance is Crucial: Given the complexities involved in wrongful death claims, skilled legal representation is invaluable. The Orlow Firm offers a full range of services from case analysis and comprehensive investigation to court representation.
- Consult The Orlow Firm: If you’re facing a wrongful death case in New York City, don’t hesitate to consult experienced wrongful death lawyers. Call The Orlow Firm at (646) 647-3398 for a confidential consultation to explore your legal options.
To establish that a death is wrongful under New York law, certain elements must be proven. First and foremost, a death must have occurred. Secondly, the death must have been caused either by a wrongful act, neglect, or default of another party. This could range from a car accident where the other driver was at fault, to medical malpractice, to incidents of workplace negligence.
Another crucial factor is the existence of a duty of care between the defendant and the deceased. For example, a doctor has a duty of care towards their patients, and a driver has a duty to operate their vehicle safely on the road. If it can be demonstrated that this duty was breached, and that the breach was a direct cause of the death, then the case for wrongful death becomes stronger.
Furthermore, there must be surviving beneficiaries or dependents who have suffered some form of loss due to the death. This can be a financial loss, such as lost wages that the deceased would have earned, or non-economic losses like emotional suffering and loss of companionship. It is these surviving family members who are entitled to bring forth a wrongful death lawsuit to seek compensation.
It’s also essential to consider the statute of limitations for filing a wrongful death claim in New York, which is generally two years from the date of the death. Missing this deadline can result in losing the right to file a lawsuit, so it’s crucial to consult with knowledgeable wrongful death lawyers as soon as possible.
Types of wrongful death cases can vary widely, encompassing everything from car accidents, construction accidents, and slip and falls, to more complex cases involving product liability or medical malpractice. The circumstances of the wrongful act, neglect, or default play a crucial role in determining what kind of damages may be awarded, how liability is established, and what legal strategies would be most effective in a claim.
If you find yourself facing such an unfortunate circumstance, it is crucial to consult with experienced New York wrongful death lawyers who can guide you through this complex process. At The Orlow Firm, we’re committed to providing compassionate and dedicated representation for those going through the difficult journey of a wrongful death claim. If you have questions about a wrongful death case in New York City, don’t hesitate to call us at (646) 647-3398 for a confidential consultation.
What are Damages in New York Wrongful Death Claims?
When navigating the legal maze of a wrongful death lawsuit in New York, one of the most critical aspects to understand is the types of damages you may be entitled to. Damages in wrongful death cases are designed to provide financial relief to the surviving family members who have suffered as a result of their loved one’s untimely death. These damages can be categorized into economic and non-economic damages, each serving to compensate different kinds of losses.
Economic damages are the more straightforward of the two, as they cover measurable financial losses. These can include:
- Medical Expenses: If your loved one received medical treatment before their death that was directly related to the wrongful act or negligence, these costs could be recovered.
- Funeral and Burial Costs: The costs associated with laying your loved one to rest can be significant and are usually covered as economic damages.
- Lost Wages and Benefits: If the deceased was a breadwinner, the loss of their income can have a devastating impact on the family’s financial stability. Damages can be awarded to compensate for the loss of wages, benefits, and other forms of financial support that the deceased would have provided.
- Loss of Inheritance: If the wrongful death has resulted in a loss of what surviving beneficiaries would have inherited, this can also be recovered.
Non-economic damages are less tangible but equally important. They account for the emotional and psychological pain suffered by the family members due to the loss of their loved one. New York is unique in that it generally does not allow for the recovery of non-economic damages like pain and suffering, emotional distress, or loss of companionship, except under specific circumstances such as in medical malpractice cases.
While rare, punitive damages may also be awarded in some New York wrongful death cases. These are not meant to compensate the family for their loss, but rather to punish the defendant for particularly egregious behavior and deter similar conduct in the future.
Given the complexities involved in determining the types of damages and calculating their appropriate amount, it is essential to consult experienced wrongful death attorneys who are well-versed in New York law. At The Orlow Firm, we work diligently to ensure that you receive the full compensation you are entitled to, helping you navigate the intricate legal process with sensitivity and expertise.
Determining and proving damages in a wrongful death claim can be a complex and emotionally taxing process. The dedicated team at The Orlow Firm is here to assist you every step of the way. If you have any questions about damages in a New York wrongful death claim, we urge you to call us at (646) 647-3398 for a confidential consultation. Our experienced New York wrongful death lawyers can help you understand your rights and options, providing the guidance and support you need during this challenging time.
How do you prove Negligence in a New York Wrongful Death Lawsuit?
In a New York wrongful death lawsuit, proving negligence is often the linchpin of a successful claim. Negligence is a legal term that essentially refers to a failure to exercise reasonable care, leading to harm or injury to another party. If you believe that your loved one’s death was caused by someone else’s negligence, you’ll need to prove several key elements to establish your case successfully. Understanding these components and how they relate to New York law is crucial when seeking justice for your loved one.
Establishing Duty of Care
The first step in proving negligence is to establish that the defendant had a “duty of care” toward the deceased. This duty varies depending on the relationship between the parties and the situation at hand. For instance, a motorist has a duty to drive responsibly and follow traffic laws, while a healthcare provider has a duty to adhere to medical standards. Without this duty, there can be no claim of negligence.
Breaching the Duty of Care
Once a duty of care is established, you must then prove that the defendant breached this duty. A breach occurs when the defendant fails to meet the expected standard of care under the given circumstances. For example, if a driver runs a red light and causes a fatal accident, that action would constitute a breach of their duty to drive responsibly.
Proving causation is crucial in a New York wrongful death lawsuit. It’s not enough to demonstrate that the defendant was negligent; you must also show that this negligence directly led to your loved one’s death. This often requires expert testimony, such as from medical professionals or accident reconstructionists, who can provide an objective analysis that the defendant’s actions were the proximate cause of the death.
Lastly, you need to show that the negligence resulted in damages, which, in a wrongful death claim, includes the death itself and the associated economic and non-economic losses suffered by the surviving family members. This often involves calculating lost earnings, funeral costs, and sometimes, depending on the case, non-economic damages like emotional suffering.
Given the complexities involved, gathering strong evidence is essential in building your case. This can include medical records, accident reports, eyewitness testimonies, and other types of documentation that can substantiate your claim of negligence. Skilled legal representation is invaluable in this challenging endeavor.
The Orlow Firm has a track record of successfully navigating the complexities of wrongful death lawsuits in New York City. Our dedicated team is committed to helping you prove negligence effectively, ensuring that you are well-positioned to receive the justice and compensation you deserve. If you suspect that your loved one’s death was caused by negligence and have questions about how to proceed, don’t hesitate to reach out to us. Call (646) 647-3398 to schedule a confidential consultation with our experienced New York wrongful death lawyers. We’re here to provide the legal guidance and emotional support you need during this difficult time.
How can The Orlow Firm help with my wrongful death claim?
Pursuing a wrongful death lawsuit is a complex and emotionally taxing endeavor. During this challenging time, having a seasoned legal team by your side can make all the difference in the outcome of your case. At The Orlow Firm, we offer comprehensive legal services to assist you in navigating the intricacies of a New York wrongful death claim.
Expert Legal Analysis
The first step in any wrongful death claim is a thorough evaluation of the case facts to determine if you have a viable claim. We examine all aspects of the case, including evidence, witness statements, and legal criteria, to provide you with a clear understanding of your legal options.
Our team undertakes a meticulous investigation to gather all necessary evidence to prove negligence. This can include obtaining medical records, accident reports, and other pertinent documents, as well as consulting with experts like medical professionals and accident reconstruction specialists.
Claim Preparation and Negotiation
After gathering all necessary evidence and information, we prepare a robust case aimed at achieving the maximum compensation for your losses. We also engage in negotiations with insurance companies, aiming for a settlement that fully compensates you. If an adequate settlement isn’t possible, we’re fully prepared to take your case to court.
Our experienced wrongful death attorneys are skilled litigators who can represent your interests in court effectively. We present compelling arguments backed by solid evidence, aiming to convince the jury or judge of the defendant’s negligence and your right to compensation.
Emotional Support and Compassionate Service
At The Orlow Firm, we understand the emotional toll that a wrongful death claim takes on the family. Our team is committed to providing not only expert legal assistance but also the emotional support you need to get through this difficult period.
Full-Service Legal Support
From the moment you engage our services until the resolution of your case, we offer full-service support. This includes handling all paperwork, legal filings, and communications, allowing you to focus on coping with your loss while we focus on securing justice on your behalf.
By choosing The Orlow Firm to represent you, you’re securing a dedicated, experienced team of New York wrongful death lawyers who will fight relentlessly for your rights and interests. If you have lost a loved one and believe it was due to someone else’s negligence, don’t hesitate to contact us for a confidential consultation. Call us today at (646) 647-3398 to learn how we can help you achieve the justice and compensation you deserve.
New York City Car Accident Lawyers with offices in Queens, Brooklyn, Manhattan & The Bronx
Have you recently been involved in a car accident in New York City, and you weren’t at fault? You may be wondering if hiring a lawyer is necessary or even beneficial for your situation. Navigating the legal process following a car accident can be complicated, particularly when you’re trying to recover both physically and emotionally. The Orlow Firm specializes in personal injury law and is well-versed in assisting car accident victims in NYC. Here, we break down key reasons you should consider legal representation, even if the accident was not your fault. If you have questions or need immediate assistance, don’t hesitate to call us at (646) 647-3398.
- Navigating the legal process after a car accident in New York City can be complex and stressful.
- Hiring a specialized NYC car accident lawyer can help protect your legal rights.
- Even if you’re not at fault, legal representation can significantly influence the outcome of your claim.
- Insurance companies often aim to minimize their payouts, making legal advice crucial.
- Financial, emotional, and logistical benefits come with hiring a qualified car accident attorney in New York.
- The Orlow Firm offers free consultations for car accident victims, reachable at (646) 647-3398.
Why Hiring an NYC Car Accident Lawyer is Crucial
Hiring a New York City car accident lawyer is an important step that can significantly impact the outcome of your case. If you’ve been involved in a car accident that wasn’t your fault, you may think that the process will be straightforward. However, car accident cases in NYC can become complex very quickly. Here are some reasons why obtaining legal representation is crucial:
Expert Guidance on New York Traffic Laws
Understanding New York traffic laws is essential when filing a claim. Your NYC car accident lawyer will guide you through the legal complexities, helping you understand your rights and responsibilities.
Negotiation with Insurance Companies
Insurance companies are in the business of minimizing their payouts. Having an experienced New York car accident lawyer can level the playing field, ensuring that you receive a fair settlement.
Accurate Fault Determination
Determining who is at fault can be complex, but it is crucial for your claim. Your attorney can help gather evidence and negotiate on your behalf to ensure you are not wrongly blamed.
Comprehensive Claim Evaluation
Understanding the full extent of your damages, both physical and emotional, is vital. An experienced NYC car accident lawyer can help in accurately evaluating your claim, taking into account future medical expenses and lost wages.
Legal Representation in Court
Should your case go to trial, having an experienced attorney can make a substantial difference in the outcome. A skilled lawyer will represent you effectively in court, fighting for your best interests.
Access to Resources
Your attorney will have access to valuable resources such as accident reconstruction experts, medical professionals, and others who can strengthen your case.
Peace of Mind
Knowing that a professional is handling your case allows you to focus on your recovery, reducing stress and anxiety.
In summary, if you’re involved in a car accident in New York City that wasn’t your fault, you have much to gain and potentially much to lose by not having competent legal representation. If you need immediate assistance, don’t hesitate to call The Orlow Firm at (646) 647-3398. We offer free consultations and are committed to ensuring you get the justice you deserve.
Your Legal Rights After a New York Car Accident
Understanding your legal rights after a car accident in New York is vital for navigating the often-complex pathway to justice and compensation. Even if you are not at fault, ignorance of your rights can lead to unfortunate outcomes. Here’s what you need to know:
No-Fault Insurance State
New York is a no-fault insurance state, meaning your own insurance company will cover your medical expenses and lost wages, regardless of who is at fault. However, to step outside of this system and file a lawsuit, you must meet certain “serious injury” thresholds.
Right to File a Personal Injury Claim
Depending on the severity of your injuries, you have the right to file a personal injury claim against the at-fault driver. Your NYC car accident lawyer can guide you through this process to ensure you are justly compensated.
Statute of Limitations
In New York, you generally have three years from the date of the car accident to file a personal injury lawsuit. It’s crucial to act quickly to protect your rights.
Right to Compensation
You have the right to be compensated for medical bills, lost wages, property damage, and potentially for pain and suffering. An experienced New York car accident attorney can help you evaluate the full extent of your damages.
Right to Reject a Settlement Offer
If the insurance company makes a settlement offer, you are not required to accept it. Consult with your attorney to determine whether the offer is fair and what steps to take if it isn’t.
Right to Legal Representation
You have the right to legal representation throughout the entire process, whether negotiating with insurance companies or representing you in court.
Right to a Fair Trial
If your case goes to court, you have the right to a fair trial, including presenting evidence, cross-examining witnesses, and making legal arguments.
Understanding your legal rights is the first step in ensuring that you receive the compensation you deserve after a car accident in New York City. If you have questions about your rights or need immediate assistance, call The Orlow Firm at (646) 647-3398. We offer free consultations and are committed to guiding you through this difficult time.
Determining Fault in NYC Car Accidents
Determining fault in a car accident in New York City is a critical aspect that can significantly affect the outcome of your case. While New York is a no-fault state for insurance purposes, establishing fault is still vital for personal injury claims and property damage. Here are the key factors to consider:
Role of Police Reports
Police reports serve as an important piece of evidence when establishing fault. These reports often contain details like the responding officer’s observations, statements from witnesses, and sometimes even a preliminary fault assessment.
Traffic Laws and Violations
Traffic laws serve as a guideline for determining fault. Violation of any New York traffic laws, such as speeding or running a red light, can serve as strong evidence against the at-fault driver.
Witness statements can provide an unbiased account of the accident, lending credibility to your case. Your NYC car accident lawyer can help gather these statements to build a strong case.
Use of Expert Testimony
In some cases, experts like accident reconstructionists may be used to provide a more in-depth analysis of how the accident occurred, thereby helping to establish fault.
Photographic and Video Evidence
Photos or videos from traffic cameras, dashcams, or smartphones can serve as compelling evidence. These images can capture details like road conditions, traffic signs, and vehicle damage, providing context to the accident.
Comparative Negligence in New York
New York follows the rule of comparative negligence. This means that even if you are partially at fault, you can still recover damages. However, your compensation will be reduced by your percentage of fault.
Insurance Company’s Role
Insurance companies often conduct their own investigations to determine fault. However, remember that their primary objective is to minimize payouts, so it’s crucial to have your own representation.
Determining fault in a New York City car accident is often a complex and nuanced process. An experienced NYC car accident lawyer can help you navigate these complexities to build a compelling case. If you have questions about your specific situation or need immediate assistance, don’t hesitate to call The Orlow Firm at (646) 647-3398 for a free consultation. We are committed to helping you secure the justice and compensation you deserve.
The Role of Insurance Companies in New York City Car Accidents
Understanding the role of insurance companies in New York City car accidents is essential for anyone involved in a collision. While insurance providers are a necessary part of the process, it’s important to remember that they are for-profit businesses with their own interests in mind. Here’s what you should know:
No-Fault Insurance in New York
As a no-fault insurance state, New York requires that your own insurance company pays for your medical expenses and lost wages, irrespective of who is at fault. However, for damages like pain and suffering, you may need to step outside of this no-fault system, and for that, determining fault becomes essential.
Initial Contact and Claims Process
After an accident, you will be contacted by an insurance adjuster. This person’s role is to investigate the claim and, often, to minimize the payout. It is advisable to consult with an NYC car accident lawyer before providing any statements to the insurance company.
Insurance companies are likely to offer a settlement quickly, hoping you’ll accept an amount that is often less than what you may be entitled to. You have the right to refuse any offer and should consult your attorney to determine its fairness.
Investigations and Adjustments
Insurance companies conduct their own investigations to determine fault and claim value. However, these investigations may not always be in your best interest, making it crucial to have your own legal representation to protect your rights.
If you cannot reach an agreement with the insurance company, the next steps might involve arbitration or litigation. An experienced New York car accident attorney can represent your interests effectively in these situations.
Long-Term and Short-Term Strategies
While insurance companies may focus on resolving claims quickly, your attorney will consider both immediate and long-term consequences, such as ongoing medical bills and future lost wages, when negotiating on your behalf.
Navigating the intricacies of dealing with insurance companies in NYC car accidents can be overwhelming. Legal representation ensures that your interests are safeguarded throughout the entire process. If you have questions or need immediate help with dealing with insurance companies after a car accident, call The Orlow Firm at (646) 647-3398 for a free consultation. We are committed to ensuring you receive the compensation you rightly deserve.
What to Expect from Your NYC Car Accident Lawyer
When you’ve been involved in a car accident in New York City, you may be facing not only physical injuries but also a maze of legal complexities. Choosing to hire an NYC car accident lawyer can be one of the most important decisions you make. But what can you expect from your attorney? Here are some key points:
The first step with any reputable New York car accident attorney should be an initial consultation. This is your opportunity to discuss the specifics of your case, and it’s usually free of charge. You can expect your lawyer to ask detailed questions about the accident and to provide an initial assessment of your case.
Investigation and Evidence Collection
Your lawyer will begin a thorough investigation into the accident. This often includes gathering police reports, medical records, witness statements, and any available video or photographic evidence to build a strong case on your behalf.
Based on the information gathered, your attorney will formulate a legal strategy tailored to your case’s specifics. This could include whether to negotiate a settlement or to go to trial.
Communication and Updates
Effective communication is crucial. Your NYC car accident lawyer should keep you updated on all significant developments in your case and be available to answer any questions you may have.
Negotiation with Insurance Companies
Your attorney will handle all negotiations with the insurance companies involved. This includes fighting for a fair settlement that takes into account all your medical expenses, lost wages, and other damages.
Filing Legal Documents
If a lawsuit becomes necessary, your attorney will prepare and file all the required legal documents, ensuring they meet all deadlines and follow New York’s legal procedures.
Legal Representation in Court
Should your case go to trial, your attorney will represent you in court, presenting evidence, questioning witnesses, and advocating for your best interests to secure the most favorable outcome possible.
Settlement and Payment
Once a settlement is reached or a verdict is given, your attorney will work on securing the funds and distributing them according to the agreement, after deducting any legal fees.
By understanding what to expect from your NYC car accident lawyer, you can navigate the complex legal landscape more confidently. If you have any questions or need immediate assistance, call The Orlow Firm at (646) 647-3398 for a free consultation. We’re committed to providing the expertise and support you need during this challenging time.
Financial Advantages of Hiring a New York Car Accident Attorney
Hiring a New York car accident attorney might initially seem like an added expense, especially when you’re dealing with medical bills and other costs related to the accident. However, having legal representation can offer substantial financial advantages that far outweigh the costs. Here’s how:
Experienced New York car accident lawyers understand the complexities of personal injury law and are skilled in negotiating with insurance companies. They can help you secure a settlement that fully accounts for your medical bills, lost wages, and other damages, potentially increasing the amount you receive.
Contingency Fee Basis
Many NYC car accident attorneys work on a contingency fee basis, meaning they only get paid if you win your case. This arrangement aligns your interests with those of your lawyer, ensuring they are motivated to secure the best possible outcome for you.
Expertise in Calculating Damages
Your attorney has the expertise to accurately calculate the full extent of your damages, both immediate and long-term. This includes not just medical expenses and lost income, but also less quantifiable damages like pain and suffering.
Efficient Legal Process
Time is money. An experienced attorney can navigate the legal system efficiently, speeding up the claim process and helping you get your settlement or award quicker.
Without legal representation, you risk making errors in the claims process that could result in a lower settlement or even a dismissed case. An attorney helps mitigate these risks by ensuring that all legal procedures are correctly followed.
Your New York car accident attorney has the resources to conduct a thorough investigation into your accident at a more cost-effective rate than you could manage on your own.
Savings on Litigation Costs
In cases that go to trial, your attorney can help reduce the costs of litigation by efficiently managing the process, from discovery to potential appeals.
The peace of mind that comes from knowing a professional is handling your case allows you to focus on your recovery, reducing stress-related health expenses.
If you are involved in a car accident in New York City, hiring an experienced attorney can offer numerous financial benefits that can make a significant difference in the quality of your life post-accident. To discuss your specific case and how we can assist you, call The Orlow Firm at (646) 647-3398 for a free consultation. We’re here to ensure that your legal and financial interests are fully protected.
Emotional and Logistical Benefits of Legal Representation in NYC
Dealing with a car accident can be emotionally draining and logistically challenging. While the financial aspects are certainly crucial, the emotional and logistical benefits of hiring a New York City car accident attorney should not be overlooked. Here’s how legal representation can provide emotional and practical relief:
Emotional Peace of Mind
Having an experienced attorney by your side can offer immense emotional relief. Knowing that a professional is managing the legal complexities of your case allows you to focus on healing and recovery.
An attorney can provide a roadmap for what to expect during the legal process, which can be reassuring when you’re dealing with the uncertainty that often accompanies a traumatic event like a car accident.
Your NYC car accident lawyer will handle all communications with the insurance companies, law enforcement, and other parties involved in the accident. This removes the emotional burden and stress of having to negotiate and argue while you are still recovering.
Legal matters are inherently stressful. Your attorney can manage deadlines, submit paperwork, and handle all other legal obligations, reducing your stress and its possible negative impact on your health.
When you’re involved in a legal case, the stress can also affect your family. Legal representation can shield your family from the complexities and emotional toll of a lawsuit, allowing them to focus on supporting you in your recovery.
Dealing with the aftermath of a car accident involves a multitude of logistical challenges, from arranging medical care to repairing your vehicle. Your attorney can often help you navigate these logistics more effectively, saving you time and aggravation.
Conflicts often arise in the aftermath of a car accident, whether with insurance adjusters, at-fault parties, or even between the victim and their own family or employer. Your attorney serves as a buffer in these conflicts, resolving issues professionally and amicably.
Improved Life Management
With someone else managing the complexities of your case, you can focus on other aspects of your life that require attention, from your work to your family responsibilities.
Involvement in a car accident is an overwhelming experience, but you don’t have to go through it alone. A qualified NYC car accident attorney can provide not only financial advantages but also critical emotional and logistical benefits. For immediate assistance and a free consultation, call The Orlow Firm at (646) 647-3398. We are dedicated to providing the emotional and logistical support you need to navigate this challenging time.
How to Choose the Right New York Car Accident Lawyer for You
Selecting the right New York car accident lawyer is a crucial step in ensuring a favorable outcome for your case. Your choice of attorney can have a significant impact not only on the amount you recover but also on your overall experience during the legal process. Here are some key considerations to keep in mind:
Specialization and Experience
Ensure that the attorney specializes in personal injury law and, more specifically, car accidents. This specialized expertise means they will be up-to-date with relevant laws and have the necessary experience to handle the complexities of your case.
Look for an attorney with a successful track record in handling car accident cases similar to yours. This includes not just successful verdicts but also favorable settlements.
Client Reviews and Testimonials
Client reviews and testimonials provide valuable insights into an attorney’s professionalism, competence, and the quality of their client service. These can often be found on the firm’s website or third-party review sites.
Take advantage of free initial consultations to evaluate potential attorneys. Prepare questions beforehand and observe how thoroughly and thoughtfully they respond. This is also an opportunity to see if you feel comfortable with their style and approach.
Transparency and Honesty
The right attorney will provide a realistic assessment of your case, including the potential challenges and the likely range of financial recovery you can expect. Beware of any attorney who promises a specific outcome, as this is inherently unpredictable.
Understand the fee structure, which is often on a contingency basis for personal injury cases. This means that the attorney only gets paid if you win the case. Make sure to clarify any upfront costs or other fees.
Communication and Accessibility
Your attorney should be easily accessible and willing to keep you updated on the progress of your case. Prompt and clear communication is essential, especially when you have questions or need urgent advice.
Resources and Staff
Legal processes are often resource-intensive. Make sure the law firm has the necessary resources and staff to handle your case effectively, including investigators, medical experts, and paralegals.
Local expertise can offer significant advantages, such as understanding the nuances of local courts and familiarity with local law enforcement and medical providers.
Choosing the right New York car accident lawyer can make all the difference in the outcome of your case and your overall well-being during a challenging time. If you need immediate assistance or have further questions on how to make this important choice, call The Orlow Firm at (646) 647-3398 for a free consultation. We’re committed to providing the expertise and support you need.
Take the Next Step: Contact The Orlow Firm Today
Navigating the complexities of a car accident claim on your own can be a daunting task, fraught with emotional, logistical, and financial hurdles. At The Orlow Firm, we understand what you’re going through and we’re here to help. With specialization in car accident cases, we bring years of expertise, a successful track record, and a client-centric approach to ensure that your rights are protected and that you receive the compensation you deserve.
Our team of skilled New York City car accident attorneys is ready to provide comprehensive legal representation. From determining fault and negotiating with insurance companies to calculating your full range of damages, we handle every aspect of your case so you can focus on your recovery. With offices conveniently located in Queens, Brooklyn, Manhattan, and The Bronx, we offer local expertise and are easily accessible.
Don’t leave your future to chance. The steps you take now can significantly influence the outcome of your case and your long-term well-being. Whether you’re dealing with minor injuries or a more complicated scenario involving long-term rehabilitation and loss of income, we’re committed to delivering the best possible results for you.
Take the first step toward peace of mind and financial security. Call The Orlow Firm today at (646) 647-3398 for a free, no-obligation consultation. Your well-being is our priority, and we’re prepared to fight for it.Read More
What languages are spoken at The Orlow Firm?
The New York Personal Injury Attorneys at The Orlow Firm can accommodate a wide array of clients with a staff that includes Spanish, Mandarin, and Russian speakers. If you have a personal injury case in New York, contact Queens personal injury attorney Brian S. Orlow for a free consultation.
Does it Cost Any Money to Determine if I Have a Case in NYC?
The Orlow Firm never charges anything to determine if you have a case. We always work on contingency. If you feel you may have a case don’t wait contact us today and schedule your free consultation.
What are the most common questions clients ask you in NYC?
The two most common questions involve if there is a case and how much it is worth. These questions are very hard to answer depending on the type of injury and many other factors. These questions are often impossible to answer until there is more information available. The experienced NYC personal injury lawyers at The Orlow Firm can help you answer these questions with a free initial consultation.
What’s it like working with your sons in NYC?
Coming to work and seeing my sons working to build something I started bigger and better. I can’t think of anything that is more satisfying than sharing this with my sons.
If you have been injured contact the experienced personal injury attorneys at The Orlow Firm for a free initial consultation.
How long have you had the firm in Queens?
The firm began around 1982 as a general practice. After a short time it was clear that to be successful you need to concentrate on one area of law. Very early I made the decision to go into personal injury. If you have been injured contact the experienced personal injury attorneys at The Orlow Firm for a free initial consultation.
What types of accident cases do you handle in Queens?
In Queens we handle all types of accident cases. These range from automotive, slip and fall and construction. Automotive may be the most but there is a variety of cases we see everyday. Have you been involved in an accident? Contact The Orlow Firm for a free consultation.
What Do You Do if You’re in an Uber Accident in New York City?
If you are involved in an accident involving an Uber driver the process is very similar to a normal car accident. Make sure you gather all information about the cars and people involved and then contact the New York car accident attorneys at The Orlow Firm.
If I’ve Been in an Accident, Do I Have a Case in NYC?
Not all accident cases are the same it really depends on the situation. In the first meeting we will go over some questions and there may be some additional information that is needed. Sometimes this process is quick but it depends on the specific situation. If you think you may have a case contact us today for a free initial consultation.
What’s the #1 thing clients wish they did prior to their accident in NYC?
If you are hurt badly in an accident and the person responsible did not have a lot insurance you may be able to collect on your own policy. This is only possible if you have a certain type of insurance policy. Clients who are injured regret that they tried to save money on their insurance instead of getting the better policy. If you have been injured contact the experienced personal injury attorneys at The Orlow Firm for a free initial consultation.
What is your favorite part of being a New York personal injury attorney?
In this video, Manhattan personal injury attorney Steven S. Orlow explains why he enjoys helping people as a personal injury attorney. All of the attorneys at The Orlow Firm find great satisfaction in getting the best results for every client. If you have been injured and are in need of representation, contact the experienced New York personal injury attorneys at The Orlow Firm today.
Are Many People Mistakenly Told They Don’t Have a Case in NYC?
At The Orlow Firm we sometimes have clients come in with cases that were declined by other firms. When this happens we ask the client some questions and determine if they do have a case. There have been cases that we have felt were very solid that other firms passed on. Contact us today if you have a personal injury case that was passed on by another attorney and we will take another look.
What is the Biggest Factor in Winning a Case in NYC?
There are a lot of factors that go into having a successful case. Being able to prove the person you are suing is liable and that the injuries were caused by the incident. Another important part is a little bit of luck. This could involve things that are revealed or how much insurance there is to cover the lawsuit. All of these factors are important to winning a case. Contact the experienced NYC personal injury attorneys at The Orlow Firm for a free consultation.
What is the most dangerous street in Queens?
Queens Boulevard isn’t called the boulevard of death for no reason. It is the most dangerous street in queens for multiple reasons. It is probably the longest and widest street in queens. The drivers are trying to speed through to make the lights while pedestrians are trying to cross. It is also a very crowded area filled with stores and shopping malls. If you think you have a personal injury case contact The Orlow Firm for a free consultation.
What are the most important factors in a slip and fall case?
Personal injury attorney Brian S. Orlow explains the most important factors involved in maximizing a slip and fall case in New York. The most important factor by far is taking photos of the accident site as soon as possible after the accident occurs. It is also very important that the injured individual seeks medical attention as soon as they begin to feel pain from the accident.
If you have been injured in a slip and fall accident, contact the New York personal injury attorneys at The Orlow Firm for a free consultation today.
What are the Most Common Slip and Fall Cases in NYC?
There are a lot of slip and fall cases involving snow and ice outside. There are laws regarding owners of property, and their obligations to remove snow and ice from the sidewalks in front of their properties. Many of these cases also involve slip and falls inside possibly in a bathroom, kitchen or due to a leaking pipe somewhere. If you have been injured from a slip and fall contact the New York City personal injury lawyers at The Orlow Firm.
Do a lot of bicycle accidents happen in Queens?
Bicycle accidents in Queens are on the rise as the city government continues to encourage citizens to bike rather than drive. The availability of bike share rentals in the city has also led to a number of inexperienced bikers taking to the streets, unaware of the difficulty of biking in New York City. If you have been injured in a bicycle accident, contact New York City personal injury attorney Brian Orlow of The Orlow Firm for a free consultation.
What Can I Do if I’m Injured in an airBNB in NYC?
When you’re dealing with Airbnb, you have to take into account that you don’t know what the premises looks like. The owner take pictures of certain parts of it, and of course, you’ll take pictures of the best parts of it. When you’re there you don’t know what the hallways look like or what the security is. If you’re injured while renting a premises through Airbnb, you have the same rights as if you lived in an apartment building.
If you are injured while staying in an Airbnb contact the New York City personal injury attorneys at The Orlow Firm.
What Type of Action Can Be Taken Against The New York Housing Authority?
There was a scandal recently involving The New York Housing Authority and lead paint. If a young child has a high level of lead after a test the doctor by law has to report it to the Department of Health. Even if some time has gone by you should still contact the New York lead poisoning attorneys at The Orlow Firm today. In certain cases, if there’s a good excuse why you didn’t do a notice to claim on time, you can file a motion in court and ask the Judge for an extension.
What are the Average Settlements for Slip and Fall Cases in New York?
The settlements for slip and fall cases will vary based on the severity of the injury and the impact the injury has on a person’s life.Obviously, the lesser the impact, the lesser the injury and the smaller the recovery. The greater the impact, the greater the recovery. There is a very significant range from a very small amount to a very large amount that can be recovered for people who are injured in slip and fall accidents. If you were injured in a slip and fall case contact the New York City personal injury attorneys at The Orlow Firm.
Why Are Construction Laws so Strict in NYC?
The Industrial Code has very specific regulations that apply to all types of construction sites from your smallest construction jobs being done on a one level structure all the way up to your large skyscrapers or even bridges. They have requirements that apply to all aspects in all areas of construction. Construction companies, owners, general contractors and contractors are required to follow these very detailed requirements. They’re there to protect the worker.
The theory is that there are construction sites and construction jobs that go on all over the City of New York. The people who are doing these jobs are the ones at risk. They are the ones working at heights, working with heavy machinery or over at large holes and are physically at risk. The laws were created to protect them. Essentially, it is to shift the burden from the worker to the owners and general contractors who are more in a position to be able to bear that risk.
To learn more about how we can help you, contact the New York construction accident attorneys of The Orlow Firm at (646) 647-3398. We offer free initial consultations and operate four offices across New York City for your convenience.
What are the Dangers of Living in a New York Housing Authority Project?
Living in a New York City Housing Authority building can be dangerous. In many situations the security is not what it should be or door locks are not fixed for an extended period of time. It’s not always the front door lock that’s broken, sometimes it’s the back door lock, which lets anybody who wants come into the building. Many times this can lead to dangerous situations. If you are living in a NYC Housing Authority building and don’t feel safe contact the premises liability attorneys at The Orlow Firm today.
Call (646) 647-3398 today.Read More
Contact The Orlow Firm TodayAt The Orlow Firm our lawyers have extensive experience with sexual abuse cases and have helped many victims of sexual abuse to seek justice. Our expertise includes bringing lawsuits against individuals as well as private and public institutions. If you are or have been a victim of sexual abuse, do not hesitate to contact our attorneys. Our services are offered throughout New York City, including Queens, Brooklyn, The Bronx, Long Island, Staten Island and Manhattan. To contact a New York child victims act attorney at our firm, call (646) 647-3398. Read More
With adequate repair and maintenance, elevators provide a fairly safe means of transport. Accidents do occur however, claiming about 30 lives per year and injuring 17,000. Occasionally, an elevator may stop before reaching the proper level between floors. It may suddenly start, stop, or speed up. Doors may fail to open, or close too quickly. The elevator may fail to arrive, even though its outer doors open. Generator or cable failure may result in elevator malfunction. Or, most deadly of all, people may fall into an open elevator shaft.
Elevator accidents arise from a variety of causes. The major ones are:
Mis-leveling: The most common reason for elevator lawsuits occurs when the elevator fails to come to a stop that is level with the hallway floor. Mis-leveling more often occurs in brake-controlled elevators found in apartment houses built between 1930 and 1960. Hydraulic elevators do not rely on a brake for stopping, although mis-leveling can still occur due to problems with valve leakage or low oil conditions. Successful plaintiffs in a mis-leveling lawsuit must be able to show repeated problems with mis-leveling requiring multiple repairs and possibly violations based on brake or leveling citations.
Defective Sliding Doors: The second most common type of elevator lawsuit results when a passenger is struck and injured by a closing elevator door. This kind of accident more often takes place on elevators with car and hallway doors of the sliding type. Door strikes most commonly occur when door protective devices (electric eyes, safety edges and detector edges) have malfunctioned or or are have defects. In addition, doors improperly adjusted as to closing speed and closing force may strike and injure passengers. In older apartment houses, elevators with swing type outer doors can cause crushing injuries to fingers and hands from doors closing too rapidly.
Over-Speed: In this third most common cause of elevator litigation, passengers may suffer serious injuries to the lumbar or cervical spine, ankles, knees and other body parts. These injuries occur when passengers are thrown to the floor or against the cab wall due to an elevator moving at excessive speed. Counterweights malfunction, or control systems fail to detect and correct over-speed conditions or stop the elevator. In a New York City Penn Plaza building, an elevator traveled from the 46 th floor to the basement, impacting at about 1,000 feet per minute. The passengers sustained high speed impact injuries to their legs and knees, resulting in a $4 million settlement paid by the elevator contractor.
Falls into Shaftways: This category of elevator accident gives rise to the most severe injuries and the greatest number of fatalities. The most common causes of falls into elevator shafts are inoperable or defective door interlocks, passengers exiting elevators stopped more than three feet from a landing, elevator surfing, illegally opening a shaftway door, and removal of passengers from a stalled elevator by untrained personnel. These cases require a careful determination as to whether the accident arose from mechanical malfunction or whether the actions of the victim and other parties contributed to the injuries sustained.
Other Causes of Elevator Accidents: A more uncommon category of elevator accidents involves electrocution or shock caused by improper wiring performed by either the elevator contractor or an outside electrician. Elevator personnel and building staff may also suffer amputations or crushing injuries while operating in unsafe work areas. Even rarer is drowning or near-drowning when elevators become trapped below street level during a fire (while emergency sprinklers or hoses are operating) or water main break. Finally, multiple failures allowing an elevator to move with its doors open may expose passengers to amputations and decapitations when they attempt to exit a moving elevator.
This list of elevator accident causes is not all-inclusive. You or a loved one may have suffered injury due to a more uncommon type of elevator malfunction or incident. Although elevator accidents are relatively rare, they can cause severe injury and even death. If you have been hurt in an elevator accident, contact the Orlow firm for a thorough assessment of your possible legal remedies.Read More
Slip and fall liability can be difficult to establish. (See: Slip and Fall Injury: Proving Your Case). Below is a sampling of slip and fall cases in which plaintiffs have been both successful and unsuccessful in proving their claims. Bear in mind that the facts and circumstances of your own case may be very different. You should discuss your particular claim with a competent slip and fall lawyer.
Examples Of Damages
These two cases allege damages that you might not expect in a slip and fall claim:
- Plaintiff slipped and fell on a liquid substance on the floor of a supermarket. At trial, both plaintiff and his wife testified that plaintiff had become depressed and had experienced suicidal tendencies as a result of the debilitating pain allegedly attributable to his injuries. Several witnesses testified that plaintiff had undergone a gross personality change since the accident and a psychologists’ report linked plaintiff’s depression to his injuries. Further, plaintiff sought to establish that, due to his pain and injury, his physical activity had been reduced to such an extent that he gained excessive amounts of weight. As a result, he required a surgical procedure known as gastroplasty which involves a stapling of the stomach to induce weight loss. The jury found plaintiff and defendant each 50% liable and awarded damages of $70,000 to plaintiff and $9,000 to plaintiff’s wife. On appeal, the parties agreed to reduce the damages to $40,000 and $6,000 respectively.
- Plaintiff, a Virginia resident, slipped and fell in puddle caused by a leaky awning at the entrance to a gas station convenience store. She fell forward, lost consciousness, and later suffered seizures and post-concussion syndrome. Prior to the accident, plaintiff had been a highly successful businesswoman. Afterward, she found she could no longer do her job because she had lost the ability to multitask. A jury awarded plaintiff $12.2 million, the highest ever slip and fall verdict in that state’s history.
Issues of Proof
These cases show how tricky it can be to prove a slip and fall claim:
- Plaintiff was touring a State University of New York campus when she slipped and fell while walking on a sloping concrete walkway. She claimed that she did not see the icy condition of the walkway until her feet had gone out from under her and she had fallen backward. She alleged the defendant failed to properly maintain the area, creating a dangerous condition. Defendant claimed that, due to a previous snowfall, he had performed snow and ice removal and had put down calcium chloride, a melting agent. Defendant further claimed that prior to plaintiff’s fall, there had only been wetness on the pavement. After trial, plaintiff’s claim was dismissed. The judge determined that, although ice was the cause of claimant’s slip and fall, plaintiff had failed to prove the dimensions of the icy patch or the length of time the condition had existed prior to her fall. The judge further noted that a landowner’s failure to remove every patch of ice and snow from a walkway does not constitute negligence if he has received no complaints about the condition. Finally, although plaintiff’s fall was unfortunate, the measures taken by defendant to remove snow and ice were reasonable under the circumstances and were not required to be perfect.
- Plaintiff fell on a wet marble floor in the lobby of her place of work. In dismissing the claim, the court held that property owners are not required to provide a constant remedy when water is tracked into a building during rainy weather, nor do they continually have to mop up all water tracked in or even provide floor mats on wet days.
Examples Of Successful Claims
In the following cases, plaintiffs were successful in proving their slip and fall claims:
- A 53 year-old computer operator suffered an ankle fracture and other injuries requiring hospitalization when she slipped and fell during a lunch break while attending computer classes. The puddle was located on the patio of defendant’s premises. The plaintiff contended that the poor condition of the patio was the cause of the accident and her injuries. After trial, the parties settled the lawsuit for $125,000.
- Plaintiff was walking on the southbound IRT #2 train platform in the Bronx when she fell on a patch of ice, sustaining injury and medical expenses. The platform was owned and maintained by the New York City Transit Authority. Plaintiff alleged that defendant had been negligent in allowing a dangerous condition to exist by allowing ice to accumulate on the platform and failing to remove it. At trial, the jury unanimously found the defendant negligent and awarded plaintiff $150,000 for past pain and suffering and $500,000 for future pain and suffering.
- Plaintiff was a patron at defendant’s restaurant when, while walking to her table near the service area of the bar, she slipped and fell on a liquid substance. Plaintiff asserted the defendants were negligent in allowing the bar area contain a hazardous condition and in failing to post warning signs or take reasonable steps to correct the condition. Plaintiff sought damages for her injuries and medical expenses. Defendants argued that plaintiff had failed to establish their actual or constructive notice that the dangerous condition existed. Nevertheless, plaintiff was awarded damages for medical expenses and past and future suffering as well as for loss of enjoyment of life up to the date of the verdict in the total amount of $160,665.
- A 39 year-old nurse’s aide slipped and fell on ice that had accumulated in front of defendant city’s hospital. She suffered an ankle fracture that resulted in residual swelling, scarring and difficulty walking. Plaintiff argued that defendant had been negligent in clearing away the snow and had allowed it to melt and refreeze, creating a slip and fall hazard. Defendant claimed that it had properly cleared the snow and that plaintiff was negligent for failing to keep a proper lookout. Plaintiff was awarded $595,000 in damages.
Consulting with an experienced attorney can help you determine whether the facts in your slip and fall or other premises liability case are likely to result in a successful claim for damages.Read More
In 2014, one in five workplace accidents took place on a construction site (source). Despite dozens of codes, regulations and laws companies are required to follow; construction sites naturally expose workers to what the Occupational Health and Safety Administration (OSHA) calls the “Fatal Four.” Electrocution, struck by object, stuck between objects and, with the highest number of incidents, falling, put each worker in danger regardless of their experience. That same year, OSHA also discovered its most violated standard is fall protection (source).
The Orlow Firm took action in a recent case involving a workplace fall due to company negligence. Sabatello Zaami, a 57 year old, union-affiliated painter and New York City resident suffered a six-foot fall from the top of a ladder during a restoration project in 2012. The fall was the result of regular movement shifting the ladder and knocking him off balance. While current labor law requires a spotter to ensure this doesn’t happen, the company had transferred that worker to a new task.
Zaami was taken from the site, by ambulance, to a hospital. A fractured heel and impact related joint damage left him with a cast, physical therapy and the inability to continue working. Permanent damage led to ongoing pain, loss of movement and a surgical procedure to the joint the following year.
Fearing that his and his family’s livelihood was at stake due to lost wages, Zaami contacted The Orlow Firm to make a case. In February 2016, The Orlow Firm filed a lawsuit against the parties in charge of the construction site for failing to provide adequate protection. Despite the obvious negligence, Zaami’s employers stated he was at fault for the accident and that his lost earnings were exaggerated, further claiming he wouldn’t have worked until the average age of retirement regardless of the fall. The court denied Zaami’s case.
The Orlow Firm is built on over 30 years of dedication to its clients. We aim to bring quality, caring service to ensure our injured clients receive what they deserve. As long as there’s a fighting chance, we will not back down. After Zaami’s case was denied, our legal counsel appealed the decision and began discussions for a pretrial settlement. Before the court could reach a decision on proceeding to trial, The Orlow Firm closed the case with a $1.3 million settlement. The physical and emotional hardship may never be undone, but Zaami’s future wellbeing has been saved in the face of company negligence.
An accident in the workplace shouldn’t mean an uncertain future. If you or a loved one has suffered an injury on the job, contact The Orlow Firm today.Read More
Accidents happen all the time, and sometimes they happen when we least expect them. In situations like the ones we are about to share, accidents can happen while we’re on the road following the rules. In this particular case, our client Eugenia Cajigas was in a car accident in New York City. She and her friend were driving along a highway exit when a vehicle hit her car when clearly there was a stop sign in front of them.
Cajigas, a housewife living in the Bronx, was too surprised with what’s happened. She had her signal light on and was just checking the driveway to see if it was clear to cross, when the vehicle hit them. Her car sustained heavy damage, and all the while the driver of the other vehicle said he thought she was going to accelerate.
When she came to The Orlow Firm, we quickly set her up with one of our car accident attorneys. Our resident lawyer Brian Orlow made sure she was updated with her case, and offered free consultations. We make sure Cajigas felt comfortable every step of the way, as it is our job as practitioners in the legal field to protect the rights of our constituents.
Car accidents can be very tricky procedures, especially as there are multiple factors involved. Cajigas did not know what to do as this was the first time she was actually in an accident. Her records were spotless – she has a clean license and never hit anyone. The situation was very uncomfortable for her as she had no idea what to do.
As we told her, just because we’re not calling her back doesn’t mean we aren’t working with her case. Cajigas and our clients can call us anytime, and we will be very glad to answer your queries about your case.
Feel free to contact The Orlow Firm and speak with one of our car accident attorneys in New York City, as we are sure to provide you enough details for you to be aware of both your rights and responsibilities as a driver in New York.Read More
Queens construction site accidents are unfortunately all too common, and can sometimes lead to devastating injuries for workers. Without proper representation, these workers may not receive the compensation they deserve.
People work honest jobs in order to earn for the important things in their lives. People are motivated by a lot of things – perhaps a career goal, or to help sustain their families, or to simply work because it’s their passion. However, as in the case of this particular client, sometimes work is a matter of helping families survive day-to-day living.
This particular Orlow Firm client has a son with cerebral palsy and a wife waiting for him to go back from construction work. Unfortunately, after lifting heavy objects from a basement, his arm was crushed by two metal poles. There were broken scaffolds around him, and his nose and arms were bleeding. But accidents happen, so this particular client of ours felt he had to “man up.”
However, the following night, the pain was too much to bear and he had to go to the hospital. It was only then that he was informed that his arm was actually broken, and not simply sprained. Unfortunately, our client does not have enough knowledge about how the law may help him get compensation for his injuries, and this is where The Orlow Firm steps in.
Our firm made sure to walk our client through all the processes involved and explained everything thoroughly. We explained why it was safer not to talk about legal matters without our representative with him. As accidents tend to be a sensitive case, we made sure to contact him frequently through the phone or through regular visits.
In the end, he was provided with compensation and was back to work after a period of recovery. We made sure his son with cerebral palsy also had a van for quick travel and transport.
At The Orlow Firm, we can guarantee our clients that they will be kept up to date with everything that is happening to their case. We make sure to present all available options, their perks and potential effects, before asking their decision about what to do with the case.
Should you be interested in anything about the law, please contact The Orlow Firm for a free consultation with one of our experienced New York City construction accident attorneys.Read More
Case: Edsley Harding v. Linda Brill, No. 151022/12
Court: New York Supreme
Judge: Nancy M. Bannon
In 2011, Edsley Harding was struck by a motor vehicle while he was walking across the road at a crosswalk. The incident left harding with injuries to his back and left knee.
In addition to receiving physical therapy for his injuries, Harding also underwent knee surgery in 2012 to repair the damage.
Harding enlisted in the help of The Orlow Firm’s Adam Orlow to represent his case against Linda Brill, the motorist in the accident. Attorney Orlow contended that the injuries Harding sustained not only prevented him for continuing to work, but also left him with lingering pain.
Attorney Orlow sought recovery of past lost earnings, damages for future loss of household services, and damages for past and future pain and suffering.
Judge Bannon established that Brill was liable for the accident. The jury found that Harding sustained a serious injury, and the court’s awarded Harding damages totaling $183,269.
Personal injury cases are very tricky cases as they involve more than just the plaintiff and the defendant. We understand the nature of these cases, as the plaintiff will surely want – and surely deserve – compensation for damages done to them. Our firm makes sure our client will get the best kind of treatment for damages done to them.
In this particular case, our clients Shazad and Delilah suffered serious injuries after the taxi they were riding was hit by another vehicle. In ordinary circumstances, the taxi company would very well be paying for compensation and other potential treatments with insurance. However, we have to let our clients know that sometimes defendants in these cases find ways to slow cases down.
Unfortunately, these cases tend to be slowed down to such an extent that plaintiffs do not pursue the case entirely and forgo their potential compensations. When Shazad and Delilah came to the Orlow Firm, we made sure this never happened to them. We stayed on top of both the defense attorney and the insurance company to make sure the case is pursued as quickly as possible.
In the end, Shazad and Delilah were given treatment and compensation, aside from the insurance company paying for their respective surgeries. Shazad had surgery on his extremities, while Delilah was treated for neck and back problems that surfaced during the incident.
We make sure that our clients are aware of all the steps involved in their cases. The Orlow Firm schedules regular meetings via call or personal consultation periods to ensure our clients are up to date with the progress of their cases.
If you find yourself in a vehicular accident involving a service vehicle, always remember that you can pursue the company in charge of the service vehicle in order to have them treat you as part of compensation. If they refuse to do so, then feel free to contact one of our attorneys at the Orlow Firm.
People curious about certain aspects of the law can contact The Orlow Firm and its New York Office. We provide free consultation regarding all kinds of cases, and may refer you to one of our lawyers for assistance.Read More
Car accidents can be tricky cases to solve as they involve numerous factors. Of course, the firm understands that the plaintiff and the defendant may have good reasons as to why their sides should win. However, we ensure our clients that our experienced truck accident lawyers will get them the best possible treatment available given the facts of the case.
In this situation, a 23-year-old man was subjected to a truck accident that resulted in severe injuries. The truck actually crossed the double yellow line and hit the unsuspecting client. This happened in New York City, Manhattan, at 57th Street. This is one of the busiest streets in the city.
Our client unfortunately cannot pursue a career as a police officer. Our team was also very much aware that the truck company only had a million dollars in coverage, which will not be enough for the treatment and compensation needed by our client. To find a solution to this, instead of focusing on the truck company entirely, we tried to find a way to gain more benefits that our client deserves.
This was done by proving that the truck company and the beverage company it worked for did not have a contractor-employee relationship, but rather an employer-employee relationship. This means the beverage company should be directly responsible for the compensation of our client. This also opened a window of opportunity to request for more benefits and treatment options for our client.
In the Orlow Firm we believe in the policy of working with what we have, and we try our best to ensure our clients get the best kind of benefit and compensation possible with their respective cases.
The Orlow Firm understands the difficulty of dealing with car accidents and we can guarantee our clients that they will be updated in every step of the legal processes that are taking place. We make sure that they are made aware of the options they have depending on the progress of their respective cases.
If you are curious about the law, you can contact The Orlow Firm and its New York Office. We provide free consultation with one of our lawyers, and may provide you help regarding vehicular accident cases.Read More
When it comes to personal property, it is the legal responsibility of the owner of the said property to ensure that its tenants are safe and sound. This is why personal damage cases that involve being in another person’s property normally involves having to prove that the owner of the property is actually aware of the elements that can cause damage, and that there was some form of neglect that happened, and it ultimately resulted to injury.
In this particular case, our client suffered a bad slip when he fell on the hallway in front of his apartment. Apparently the building superintendent was cleaning the hallway he was in but was not able to place adequate signage for him to notice and be more careful. The hallways was in fact shaped like an L, making it difficult for other tenants to see the signage even if it was placed in the vicinity.
When the client contacted the Orlow Firm, we first made sure the client got evidence that the building was in fact unable to provide space to see the signage in the first place. This was done by taking pictures of the place where he fell down, and how its location was not given consideration when the signage was placed by the building superintendent.
To make sure our client did not have any more damages, we referred him to a doctor and checked if the building managers could provide insurance. In the end, we were able to get a settlement and our client was able to get treatment for his knee.
We in the Orlow Firm ensures that our clients are made aware of their rights and responsibilities as tenants and occupants of these kinds of establishments. We also guarantee that our clients are made aware of the various circumstances and processes that are taking place while their cases are being dealt with in court. In the cases of personal damages, we also try in our utmost to get the best treatment possible depending on the particulars of our clients’ cases.
Anyone curious about certain aspects of the law can contact The Orlow Firm and its New York Office. One of our lawyers may provide assistance with different cases courtesy of a free consultation.Read More
Employees working under an enterprise or a company are the responsibility of their employers. This means employees should be working under good and stable working conditions. After all, the workplace cannot be productive if employees are exposed to dangers. As with property cases, workers who find themselves exposed to injury may sue their employers if they can prove that the company facilities are themselves inadequate to provide a safe environment.
In this video, our client is a student working on a side job as a cleaner in a school. In the bathroom of the building she was assigned to clean, she slipped and suffered a grave knee injury due to a leakage in the ceiling. It was discovered that the ceiling did in fact have this problem before and the school was not able to resolve this properly.
Given that our client is an outside contractor, the school is responsible to maintain a safe environment for her to work on. This was when our team at the Orlow Firm decided to pursue a case against the school for not being able to maintain safe working conditions for workers like our clients.
Unfortunately, it was also revealed that other co-workers of our client are in fact aware of the leakage and have tried many times to have the school address the problem. However, all these attempts failed and have resulted in the injury of our client. We were able to arrive with a decision favorable to our client, and the school was able to compensate our client. She has now had knee surgery and is currently recovering.
We at the Orlow Firm ensures that our clients are made aware of their rights as workers, regardless of their situation. Our team of experts will make sure that our clients are up to date with the progress of their respective cases, ensure they are well-compensated, and help avoid these injury cases from happening again.
Anyone curious about certain aspects of the law can contact The Orlow Firm and its New York Office. Our staff and lawyers offer free consultation regarding all kinds of cases, and may refer you to other experts for assistance.Read More
People who provide services on multiple establishments such as postmen are still under the responsibilities of the owners of the properties they serve. After all, it’s the legal responsibility of the owner of these establishments to ensure their properties are safe to be visited. This is also why personal damage cases involving these circumstances lead to a big question: did the owner of the property neglect ensuring the safety of his or her property?
In this case, our client is a postal worker working under the United States Postal Service who suffered a grave shoulder injury while delivering mail to a house. He in fact stepped on a loose concrete tile and suffered a fall that impacted his shoulder, requiring surgery.
Unfortunately, our client also had a shoulder injury before, worsening his condition. He was in fact unable to work for a few weeks because of recovery.
We at the Orlow Firm pursued the owners of the house for a case. After all, it falls under their responsibility to ensure their property is well-taken care of and maintained to ensure the safety of visitors and people going there. In fact, another postal worker testified that upon delivering mail a few months back, he also encountered the problem with the loose concrete tile.
The Orlow Firm was able to resolve the case with a successful resolution in favor of their client. Should you suffer from the same kinds of injuries, always remember that the owner of the property is responsible for the maintenance of his or her establishment. Do not hesitate to call the Orlow Firm to get more information about the specifics of such situations.
We at the Orlow Firm ensures that our clients get the best kind of treatment and results depending on the facts of their cases. We regularly update our clients throughout the steps of the legal proceedings to ensure they are well aware of the various circumstances surrounding their case.
People who want to know certain aspects of the law can contact The Orlow Firm and its New York Office. We give free consultation regarding all kinds of cases, and may refer you to one of our lawyers for assistance.Read More
Did you know there are actually cases where the defendant is an entire city? These cases happen when certain situations point towards a city as the one responsible for the damages that happen to the plaintiff. Good examples are services that the city should provide their citizens that, when improperly maintained, can cause injury to their constituents.
In the case of one of our clients, the Orlow Firm was approached by a bus matron who suffered an injury after falling on a sidewalk on her way to a parking space with the buses under her care. It was still dark out, so she was not able to see if anything was amiss. She was not able to notice that part of the sidewalk was in fact not properly fixed.
The Orlow Firm initially wanted to file a case against the Long Island Railroad and the City of the New York as the sidewalk was found to be very close to Long Island Railroad property. However, it was revealed that the City in fact owned the sidewalk as part of its projects.
It was then proved that the City of New York was in fact aware of the defective sidewalk and had an independent contractor repair it. Unfortunately, the contractor was not able to repair all of the sidewalk, and thus the particular section caused injury to the matron.
In the end, our lawyers were able to agree on a settlement of $200,000, which proved enough to help treat the injuries of our client, and helped her go back to work in a few weeks.
We at the Orlow Firm ensure clients that they are regularly updated with the happening surrounding their cases. We strive to provide the best services for our clients, including the proper explanation of the various circumstances surrounding their cases and the possible directions they could take in order to resolve these cases properly.
Potential clients who want to know certain aspects of a future case can contact The Orlow Firm and its New York Office. We can provide free consultation regarding all kinds of cases, and may refer you to one of our lawyers for assistance.Read More
Service jobs are noble livelihoods, as these have workers directly helping other individuals. However, there really are circumstances which service workers can be injured on the job because of improperly-maintained amenities. These amenities fall under the jurisdiction of the owner of the property they were on. Thus, personal damages to social workers – or to anyone – visiting the property should be the responsibility of the owners of the property.
In this particular case, our client was working as a home health worker. Unfortunately, she tripped and fell on the job as a result of stepping on a damaged staircase with a missing piece. The client sustained injuries that rendered her unable to work for a long time as it required her to undergo surgery.
In fact the damages were severe as our client suffered a fractured lower leg, requiring metal implants to ensure her leg is corrected. Our firm pursued the building for charges of negligence as it appears there is a failure of repairing the said staircase, and it was revealed that the building managers were not in fact able to maintain the staircase properly.
After a few meetings between our firm and the building managers eventually secured a $240,000 settlement for our client, which proved enough to provide payment for her treatment and other reasonable compensation.
Should you find yourself in situations like these, it is helpful to remember that it is the responsibility of the property owner to ensure that the place where someone is working or visiting is safe enough for usage. This means negligence on part of the property owner may require him or her to pay for compensation for damages.
Our legal experts and lawyers at the Orlow Firm strive to ensure our clients get the best treatment and compensation possible in their cases. However, we also ensure that our clients are up to date with their cases and the possible modes of resolution they could choose depending on the situation.
If you are interested about the law, you can contact The Orlow Firm and its New York Office. We can give free consultation with one of our experts, and may provide you help regarding vehicular accident cases.Read More
People who live in apartments will understand the predicament that are amenities that these apartment units provide. This is why the local super is there to make sure little things such as leaks and unstable foundation are fixed pronto, unless they require heavy utility assistance. However, there are situations where tenants really do suffer injury from improperly-maintained amenities. These fall under the jurisdiction of the apartment head as he or she should maintain the safety of his or her tenants with proper maintenance.
In this particular case, our client is a tenant in an apartment that was injured by a collapsed ceiling. Our client was just taking a shower when the ceiling all of a sudden collapsed above her. She sustained injuries that eventually needed surgeries.
When the case was taken to the Orlow Firm, our team of experts gradually found out through testimonies from neighbors and actual photo evidence that the apartment was in fact bothered by a persistent water leak that was not repaired properly.
While maintenance was done to the leaked areas, the actual leaking – probably from a pipe – was not fixed. Rather, the wet ceilings were simply patched up. The leakages were in fact very long standing that it did not come from the ceiling of our client, but in fact from the ceiling of the tenant above her.
The accumulated water may have forced the ceiling to collapse on top of our client, resulting to injuries and the eventual surgery. Our firm was able to prove that there was gross negligence on part of the apartment management, and was able to resolve the case in favor of the client.
Our lawyers and experts at the Orlow Firm will ensure that our clients are well aware of the various options available to them in these situations. Our team will make sure clients are up to date and are regularly contacted to be made aware of the current situation and progress of their cases.
Are you curious about a certain aspect of the law? If you are curious enough, you can contact The Orlow Firm and its New York Office. We also give free consultation with one of our lawyers, and may provide you help regarding vehicular accident cases.Read More
Children are very precious gifts to the world, which is why certain cases like our client here tend to be very sensitive subjects. When it comes to amenities like doors and other functional spaces in establishments, it falls under the jurisdiction of the owner of the premises to make sure these tools function in ways they do not hurt people. Sometimes these cases tend to be dismissed as accidents, but when it is clearly seen that some form of neglect actually happened, then it is the responsible for the owner of the establishment to provide compensation.
This particular case involved our clients, which are mother and a child. They were leaving an establishment from an interior stairwell door. The child was holding her mother’s hand while they were exiting, however the door suddenly shut itself behind them. Unfortunately, the hand of the child was found stuck on the door and a part of her finger was amputated.
The doctors tried to attach the part of her finger back but to no avail. Now the child permanently has a partially-amputated finger, which will leave a lasting impression on her.
When our firm was contacted by the clients, our team immediately investigated the circumstances surrounding the building. Our team found out that particular door did not have a door stopper.
This is a machine on top of doors that slows down the speed at which doors close themselves, especially when left open. This particular stairwell was actually on the direct path of strong winds, meaning the door will close itself faster than usual.
Our firm and some experts were able to prove that the winds actually force the door to close faster than anticipated, meaning the absence of a door stopper led to the partial amputation of the child’s finger.
When we took the case to court, we were able to get a decision favorable to our client and were able to gather compensation needed for the child.
Here at the Orlow Firm, we ensure our clients are very well aware of the various elements surrounding their cases. We strive to make sure they are constantly updated and are contacted regularly to discuss the various developments of their cases.
If you are curious about the law, you can contact The Orlow Firm and its New York Office. We provide free consultation with one of our lawyers, and may provide you help regarding vehicular accident cases.
In only a matter of seconds, contact between bare skin and a very hot, uninsulated heating pipe can cause second, or even third, degree burns. Injuries can be severe and treatment prolonged, sometimes requiring hospitalization. New York City apartment dwellers, especially those in public housing, need to be aware of the dangers posed by scalding hot pipes that are unprotected by insulation. In winter, when radiators and heating systems are working overtime, the hazard becomes that much greater.
Location is Crucial
Uninsulated heating pipes that are exposed to frequent, inadvertent contact with the body present the highest danger. In a bathroom, hot pipes situated very close to a toilet or bathtub increase the risk that residents will touch them, brush against them, or fall against them. In a bedroom, uninsulated horizontal or vertical steam pipes and uncovered radiators are often located near a child’s bed or an infant’s crib. In winter, when pipes and radiators are at their hottest, children and infants may suffer burns on contact. Landlords can reduce the chance of accidental burns by placing barriers such as wire mesh around the pipes or radiators. Landlords can also insulate those portions of the pipe which residents are most likely to brush against or fall against.
The Landlord’s Responsibility
In general, landlords have a duty to maintain the premises in a reasonably safe condition. A landlord who fails to take precautions to protect residents from hot pipes may argue that insulation would interfere with the maximum functioning of the heating system and therefore try to excuse his lack of action. Or, the landlord may claim that, by law, the fluid or steam within the pipe is not hot enough to require insulation. In a lawsuit, attorneys may employ experts to measure the temperature of the steam or fluid within the pipe to see if it is unreasonably high and whether insulation would interfere with the functional utility of the system.
If You Live in Public Housing
The New York City Housing Authority (NYCHA) is responsible for maintaining numerous apartment buildings and housing units throughout the five boroughs. In recent years, NYCHA’s track record for repairing substandard and unsafe housing conditions has been quite poor. Between 2010 and 2011, the number of tenants suing the NYCHA for failure to make needed repairs rose by 40 percent and has doubled in the past decade. In one case, a tenant whose son was seriously injured twice by contact with hot, uninsulated pipe waited more than two years for NYCHA to fix the problem, even after making several complaints and filing a lawsuit. With its aging housing stock and huge backlog of repairs, NYCHA continues to attract a steady stream of tenant complaints and lawsuits charging substandard and hazardous housing conditions.
Why You Need a Knowledgeable Lawyer
If you or a loved one is injured by a hot, uninsulated steam or water pipe, it is vital that you consult an attorney experienced in these matters. These cases can be quite complicated and it is not always easy to prove that the landlord acted negligently. An investigation by your lawyer will determine whether the pipes were in a particularly dangerous location and whether the steam or fluid temperature within them was unreasonably high. Furthermore, both NYCHA and privately-operated apartment buildings in the five boroughs were constructed in different years, decades and centuries. The date that a building was constructed will most likely determine which laws and regulations apply and whether the landlord has a legal duty to install heating pipe insulation in a particular building.
The Orlow Firm is Ready to Assist You
The New York premise liability attorneys at the Orlow firm are experienced in lawsuits involving uninsulated heating pipes, especially in NYCHA buildings and apartments. The initial consultation is free. For your convenience, we maintain four offices throughout New York City. Call 866-959-7202 or contact us online.Read More
The Orlow Firm’s experienced lead paint poison lawyers can help.
Forty years ago, 2,600 New York City children tested positive for such high levels of lead in their blood that they required hospitalization. Today, the risk of lead poisoning has been dramatically reduced, thanks to U.S. laws banning the use of lead in paint and gasoline in the 1970s. In spite of these advancements, hundreds of New York City children, especially those residing in public housing, risk exposure to toxic lead levels and long-term health problems. Contact our lead poisoning lawyers if you believe your child is suffering from lead paint poisoning.
Lead Paint Poisoning: A Case in Point
In Brooklyn, a two year-old girl living in a New York City Housing Authority (NYCHA) apartment was recently found to have dangerously high levels of lead in her blood. City health inspectors located 19 spots in the apartment testing positive for lead. NYCHA inspectors got a different result, claiming that 8 of the 19 spots had tested negative. The disparity between the NYCHA and health department results is troubling. If the NYCHA’s ability to thoroughly and accurately assess lead paint hazards is questionable, can the agency be counted on to effectively address the problem when it arises?
As of April, 2015 the NYCHA has yet to respond to 97 outstanding repair tickets for lead paint abatement in its public housing units. A number of the requests date back to 2011 and 2010, with the oldest having languished for 1,100 days. The Brooklyn toddler, mentioned above, was seen eating paint chips off the floor of the apartment. Her pediatrician has determined the amount of lead in her blood to be four times higher than the acceptable level. The child’s mother has already noticed that she lags behind other two year-olds in speech development.
Lead Poisoning is Hazardous to Children
Lead finds its way into the body when paint chips are ingested or dust is absorbed into the bloodstream. Once in the system, lead can damage red blood cells and carry danger throughout the body. Young children with developing brains and nervous systems are especially vulnerable to lead toxins. Even in small amounts, lead can cause a child to be inattentive, hyperactive and irritable. When exposed to higher levels, a child can exhibit reading and learning problems, growth delays and hearing loss. At very high levels, lead exposure can cause brain damage and even death. Catching and treating lead poisoning early on can reduce the risk of permanent damage.
The Children Most at Risk for Lead Poisoning
In 2012, nearly a thousand New York City children under 6 tested positive for lead poisoning, a third of them with dangerously high levels. Most of these children are poor and minorities—black, Hispanic and Asian. Many of them reside in NYCHA apartments.
Buildings erected after 1978 contain no lead paint. But hundreds of thousands of city apartments are old enough to be tainted, especially those built before 1950. NYCHA oversees 178,000 apartments more than 40 years old, 80 percent of their housing stock. Where lead paint is present, even if it has been painted over several times, it can invade the environment as paint chips or dust.
What You Can Do About Lead Poisoning
By law, city landlords in older buildings are required to identify and fix lead paint problems in apartments where young children are living. City tenants living in multiple dwellings should notify landlords of any children under 6 residing with them. This is especially important in buildings erected before 1960 and between 1960 and 1978. Tenants should immediately report peeling paint to the landlord or call 311 if the landlord fails to fix it. Tenants in older apartments with young children should also consult their pediatricians about whether to test their children’s lead levels.
If your child has been harmed by lead paint and/or your landlord has failed to remedy the condition, contact a New York lead paint attorney at The Orlow Firm. Our attorneys are highly knowledgeable about lead paint hazards, especially in NYCHA buildings and apartments. The initial consultation is free. For your convenience, we maintain four offices throughout New York City. Call (347) 318-1491 or contact us online.Read More
No one is born with perfect balance. Even the most graceful people can look clumsy and comical when trying to navigate an icy winter sidewalk. Slipping and falling are nearly unavoidable, especially when ice and snow accumulate in parking lots and in front of stores, office buildings and residences. If you fall and are hurt due to wet icy conditions, it might simply be bad luck. Or, it might be because a property owner failed to take the necessary precautions to prevent a slip and fall hazard. While pedestrians should exercise caution when walking in winter weather, property owners and municipalities must also do their share to reduce the risk of slip and fall accidents in New York. If you’ve been injured in New York, our pedestrian accident lawyers offer free case evaluations.
Steps to Safer Walking
In cold temperatures, any wet, dark area on pavement can be a slippery hazard. Here are just a few ways to protect yourself when walking in icy conditions:
- Wear appropriate footwear such as boots and shoes that provide traction on slippery surfaces.
- Be extra careful when entering or exiting hybrid vehicles. Hold onto the vehicle to steady yourself.
- Look ahead when you walk. Give yourself time to adjust to the need to detour, slow down, or seek better traction.
- Point your feet outward to increase your center of gravity.
- Keep your hands out of your pockets. Extending your arms out from your sides helps you to maintain balance.
- Go slowly, take small steps or shuffle to maintain stability.
- Wear a bulky or heavy coat to create a cushion in case you fall.
- If you feel yourself falling, try to land on a fleshy part of your body such as your side. Avoid landing on knees, wrists or spine.
- If you feel yourself falling, try to relax your muscles to decrease chance of injury.
- When walking in traffic, be aware that motorists sometimes underestimate the time it takes to stop. Wear a bright-colored item of clothing or reflective gear so that drivers can see you.
- A slippery floor can be just as dangerous as an icy sidewalk. When entering a building, watch for slick areas created by melting ice and now tracked in from outdoors.
When Property Owners are Negligent
A property owner is responsible for maintaining parking lots and areas outside businesses and residences in a manner that’s safe for pedestrians. Building entrances, steps and interiors must also be reasonably free of slick watery or ice conditions. Pedestrian slip and fall injuries may occur because a property owner did not take timely or reasonable steps to remove a snow or ice hazard. In such cases, property owners may be liable for damages if they knew or should have known of a dangerously wet or icy condition and failed to take reasonable steps to remove it, erect a barrier around it, or warn pedestrians of the danger. A property owner who is careless about removing ice, snow and water may also be liable for negligence. Inadequate clean-up measures can leave behind icy patches. Unsuspecting pedestrians, thinking the area has been cleared and is safe for walking, may slip and hurt themselves on ice and snow remaining after ineffective clean-ups.
Municipalities, like the City of New York, are likewise responsible promoting safer winter walking conditions on city-owned property, including park areas and sidewalks.
If You are Injured Walking in NYC
If a property owner’s negligence results in a slip and fall injury to you or a loved one, you might be entitled to pursue compensation in the form of damages. This includes coverage for medical expenses, lost wages, pain and suffering, and the loss of your ability to engage in routine day to day activities and leisure pursuits.
The New York slip and fall attorneys at The Orlow Firm are experts in obtaining compensation for victims of slip and fall accidents. The initial consultation is free. For your convenience, we operate four offices located throughout New York City. Call us at (646) 647-3398, or contact us online.Read More
In the span of a few days in early 2011, two bus accidents – one of which involved a bus traveling from a casino in Connecticut to New York City – put the spotlight back on the issue of bus safety. In total, 17 people were killed in the two accidents – 15 in the New York City bus crash alone.
In reaction to these recent crashes and others, there are currently two proposals to increase bus safety before Congress. However, there are already a number of rules and regulations on the books, with the rules regulating drivers’ hours-of-service being some of the most important.
In an effort to keep all passengers and others on the road safe, the Federal Motor Carrier Safety Administration (FMCSA) regulates the number of hours that a bus driver is allowed to remain behind the wheel. There are three basic kinds of hours-of-service regulations:
- On-Duty Limit – after bus drivers are on duty for 15 hours, they are not allowed to drive until eight consecutive hours of off-duty time are taken; however, in an absurd loophole, a driver may continue to conduct non-driving work (like paperwork or vehicle maintenance) after the 15 hours has run.
- Driving Limit – the FMCSA only allows bus drivers a total of 10 hours of driving time, driven consecutively or broken up, after eight consecutive hours off duty. Once drivers use all of their drive time, they must be off duty for eight consecutive hours before driving again.
- Weekly Limit – called the “60/70 rule,” bus drivers are only allowed to drive a certain number of hours in a given (rolling) week, either 60 hours in a seven-day week or 70 hours in an eight-day week.
In December of 2010, the FMCSA proposed to amend the rules pertaining to bus driver hours-of-service. The proposed rules will serve to improve safety by further limiting the number of hours that a bus driver can spend behind the wheel and on duty.
Motorcoach Enhanced Safety Act
Introduced by Sen. Sherrod Brown (D-OH) and Sen. Kay Bailey Hutchinson (R-TX), the Motorcoach Enhanced Safety Act (MESA) would call for:
- Seat belts to be installed in all new buses
- Seat belts to be retrofitted into all older buses
- Passenger ejection protection by installing stronger seats and windows
- Bus roofs that are crush resistant
- More stringent inspection requirements
- Tracking technology similar to the “black box” technology used in airplanes
As is, the American Bus Association chose not to endorse this Act, choosing instead to endorse the Bus Uniform Standards and Enhanced Safety (BUSES) Act of 2011. The American Bus Association – according to information provided by Philly.com – claims that implementing the MESA would cost upwards of $80,000 per bus, according to Philly.com. They argue that the hefty cost associated with compliance would surely result in increased fares that would have a disproportionately negative impact on smaller carrier companies.
While the bus industry claims that the costs of this Act would be too high, Philly.com reports that Joan Claybrook, a former administrator of the National Highway Traffic Safety Administration (NHTSA) and currently with Advocates for Highway & Auto Safety (a safety advocacy organization), claims that even a 10 cent raise in fares would be all it takes to cover the increased costs of this Act. If Ms. Claybrook is right, 10 cents is a small price to pay for safety.
The BUSES Act of 2011
Endorsed by the American Bus Association, the Bus Uniform Standards and Enhanced Safety (BUSES) Act of 2011 takes a different approach to bus safety than the MESA. It proposes that – after a period of research and testing – the NHTSA should enact uniform safety rules for the bus industry that would improve safety through:
- Installing seat belts
- Strengthening roofs and windows
- Enhancing emergency egress
- Improving fire protection standards
- Establishing minimum standards for all drivers seeking a commercial driver’s license (CDL) with a passenger endorsement
After the safety rules are set forth, the Act would allow up to an 18-year timeframe for retrofitting older buses. To help offset increased costs associated with improving safety, the Act would also provide grants and tax credits to bus companies.
Both proposed Acts seek to improve passenger safety, albeit in somewhat different ways; however, one safety aspect that both have in common is seat belts. According the NHTSA, seat belts on buses reduce the risk of death by an astounding 77 percent during a rollover crash.
Potentially Liable Parties
The bus industry has made it known that, since new safety rules cost money, they favor the least restrictive safety rules. Whether or not the safety measures are implemented, though, bus accidents happen. When bus crashes occur, several different parties may be responsible, including:
- The bus driver
- The bus company
- The bus manufacturer
- The manufacturer of the bus’ components, including the windows, seats or tires
- Other drivers, especially those engaging in drunk driving or distracted driving
- Designers or builders of the roads
- Municipalities responsible for maintaining roadways on which buses travel
If you have been injured while traveling on a bus, speak with an experienced personal injury attorney. A New York lawyer can help you hold accountable the parties that are responsible for your injuries, allowing you to recover compensation for medical bills, lost wages, and pain and suffering. If a loved one has been fatally wounded in a bus accident, an attorney can help you file a wrongful death lawsuit that seeks compensation for medical bills, funeral expenses, loss of consortium and lost future earnings.Read More
By now, most of us realize that texting and driving do not mix. Yet, drivers who are distracted by various tech-toys remain a constant source of danger for commuters and pedestrians alike.
In September, four people were killed and 24 injured when a New York bus driver crashed into a railroad overpass. The driver later admitted that he was distracted by his personal GPS device. This is just one tragic example of the distracted driving accidents that plague our states’ roads.
According to the National Highway Traffic Safety Administration, nearly 6,000 people died in 2008 crashes involving a distracted driver, and over half a million were injured. While lawmakers and police are working to lower these numbers, distracted driving remains a serious concern for anyone on the road.
The Scope of Distracted Driving
Distractions while driving can come from many sources, not all of them related to technology. The following behaviors are just a few of the activities that fall within the scope of distracted driving:
- Using a cell phone (to talk or text)
- Eating or drinking
- Talking to passengers
- Reading (including maps)
- Using a navigation system (GPS)
- Watching a video
- Adjusting an audio system.
Cell Phones and Technology Use are Especially Dangerous
There is special concern over tech-related distracted driving. The Insurance Institute for Highway Safety found that drivers who use hand-held devices are four times as likely to get into crashes serious enough to result in injury. One reason texting and related activity is so dangerous is that it involves all three main types of distraction:
- Visual (looking away from the road)
- Manual (removing your hands from the wheel)
- Cognitive (taking your mind off what you are doing).
A study from the University of Utah even found that any kind of cell phone use while driving, including hands-free, delays a driver’s reactions as much as having a blood-alcohol concentration at the legal limit of .08 percent.
The Big Apple’s Big Problem
In New York City, a recent study by NYC transportation planners looked at more 7,000 car accidents in the city between 2002 and 2006, and the study’s authors noted that since that time, “electronic distracted driving has become more pressing as cell phones, computers and other portable devices further distract the driver.” The results were startling: the most common reason listed for a crash was driver inattention, which was a factor in 36 percent of accidents in which a pedestrian was killed or seriously injured. Furthermore, distracted driving accidents were found to be more than twice as deadly as those resulting from other causes.
Does NYC Have a Solution?
Lawmakers have been attuned to the unique problems posed by tech-related distracted driving for some time. The New York Distracted Driving, Talking and Texting law was first passed in December of 2001, and received updates in 2009.
The law levies fines against any driver who uses a portable electronic device while driving. The 2009 update banned hand-held mobile telephone use as well (although drivers are still legally allowed to use a hands-free phone). Police enforce the law rigorously: in 2009, the NYPD issued an average of 617 summonses a day to drivers using hand-held cell phones, and specially planned crackdowns net even more citations. On July 22, 2009, police handed out more than 6,000 tickets during one such initiative.
It appears these efforts are helping: while inattentive driving remains a significant problem, distracted driving fatalities have declined markedly in the last two years.
Victims of Distracted Driving
If you or someone you know has been injured by a distracted driver, it is important to remember that even if distracting behavior behind the wheel is not illegal, those who drive distracted in any capacityare legally responsible for harm caused to victims.
Distracted drivers can be held liable for medical expenses, property damage, wages lost due to injury, and pain and suffering. For fatal crashes, compensation can include all the extensive economic costs associated with the death and damages for loss of income.
If you or someone you love has been injured by a distracted driver, it is critical to contact an experienced New York personal injury attorney. A knowledgeable lawyer can not only assure that you receive the full amount of monetary compensation you deserve, but can help you make the roads safer for everyone by sending a strong message against distracted driving.Read More
Areas surrounding New York City are some of the deadliest in the nation when it comes to cyclist safety. For example, Long Island alone has had at least 64 cyclist deaths since 2005.
According to Newsday, Long Island’s bicycle crash death rate greatly exceeds that of nearby New Jersey, Connecticut and even New York City. Suffolk County is especially treacherous, with 43 deaths since 2005 and an average of 4.6 cyclists’ deaths per million people – which is more than double the average of New York State. By comparison, the average death rate for bicycle accidents in New York City is 0.4 per million people. If you’ve been injured in a bike accident it’s imperative you contact an experienced New York bicycle accident attorney.
Fatal bicycle accidents can be attributed to a variety of factors, such as drunken and inattentive drivers or cyclists who fail to adhere to traffic laws. One of the most common causes of bicycle accidents is that drivers simply do not see bicycles until it is too late to avoid the accident.
Cyclist safety has become such an issue in New York that the State Legislature has even proposed a three-foot rule. The three-foot rule is exactly what it sounds like; it requires drivers to remain at least three feet away from cyclists on the road. This required safety buffer will mandate that drivers provide the distance necessary to avoid accidents in case a cyclist suddenly needs to change course.
Bicycle Sidewalk Laws in New York City
Dangers posed to cyclists today make it even more important to follow existing laws. Not adhering to laws may not only increase the chance of cyclist injury but also increases the chance of injuring others, and may even expose the bicyclist to civil liability for injuries caused.
In New York City, cyclists seeking refuge from the potentially dangerous streets may attempt to stay safe by riding on sidewalks; however in NYC this is expressly prohibited. The New York City Administrative Code states:
No person shall ride a bicycle upon any sidewalk unless permitted by an official sign. A person who violates this subdivision may be issued a notice of violation and shall be liable for a civil penalty of not more than one hundred dollars.
In addition, a person that violates this law in a way that endangers any other person or property can be found guilty of a misdemeanor, and incur a possible fine of up to $300. The city of New York has been expanding the amount of bike lanes available to cyclists.
Additional Liability for Riding Bicycles on the Sidewalk
Bicycling on sidewalks is not only dangerous for cyclists, but also the pedestrians who may be injured by the faster moving bikes. Pedestrians already have to deal with poorly maintained sidewalks when walking in NYC – the last thing they need is to have to dodge cyclists careening down the sidewalks as well.
Unfortunately, accidents do happen, and when they do, cyclists may be liable for the damages caused. Under New York state law, every person riding a bicycle is subject to the same duties applicable to drivers of vehicles. Just as a motorist may be liable for negligent operation of an automobile, a cyclist may also be liable for negligent operation of a bicycle.
In the case of bicycling on sidewalks, simply the act of riding on the sidewalk may be proof enough that the cyclist was negligent. In New York, if a person violates an ordinance or local law – in this case, the NYC law against bicycles on sidewalks -the violation may be used to prove negligence under certain circumstances. The rationale of using violation of a law to prove negligence is the idea that a reasonable person will obey the law, and that failure to follow the law is considered the behavior of an unreasonable person.
Riding a Citi Bike in NYC can be a risky proposition – not only is there the risk of being in injured while riding on the streets, you may be held liable for damages if you choose to ride on the sidewalk. If you have been injured while riding your bicycle, or been injured by someone else riding their bicycle, contact an experienced personal injury attorney in your area to be advised of your rights and options.Read More
Recent Tragic Queens Construction Accident Illustrates Problem
Just days ago, a job-site accident in Queens tragically killed a young, Latino construction worker. The 26-year-old man was helping construct a 65-foot wall when the cinder-block wall suddenly collapsed, killing him and seriously injuring three others. Early reports indicate that the wall failed as scaffolding collapsed and fell onto the wall. Sadly, the victim was a father, survived by his pregnant wife and two children.
The Queens construction accident is still under investigation, but presumably there were some safety practices overlooked. In fact, that same construction site had previously received six violations issued by the New York City Department of Buildings since June, 2009. The violations were for failure to follow essential safety laws, such as posting necessary warning signs.
A formal investigation is under way by the Buildings Department, and the Occupational Safety and Health Administration (OSHA) is likely to investigate, as they typically scrutinize the worksite of any fatal construction accident.
Accidents in the New York Construction Industry
New York City had 157 construction accidents in 2009, and those are just the accidents that were reported. In the construction industry, it is common practice to keep workplace accidents unreported unless a serious injury or death occurs. The construction industry is the second deadliest in the U.S. as 816 construction workers died in 2009, making it more dangerous than mining or factory work.
There are some risks a construction worker faces that can be reduced, but not eliminated. These threats are part of the job, such as:
- Weather: rain, lightning and high winds can increase the risk of an accident.
- Heavy equipment: many of the tools and equipment present a chance of serious injury or death to both the operator and nearby workers.
- Heights: construction workers are often working at great heights and even when on the ground they risk being struck by falling equipment or debris.
- A changing landscape: what may have been solid ground yesterday could be a 50-foot hole today.
However, health and safety officials have been working for decades to protect workers from these hazards. New York scrutinizes construction work especially closely because of the tight spaces and high population density. Countless laws and ordinances have been passed to make the industry safer, but unfortunately they mean nothing if construction companies continue failing to ensure safety measures.
The truth is that these fatal construction accidents will continue to occur as long as construction companies and foremen bypass important safety practices to save them time and money. Government and workers’ rights organizations can only do so much. Ultimately, the responsibility of worker safety falls upon the employer.
Latinos, Hispanics Often Victims of Construction-Safety Violations
Unfortunately, Latino construction-worker injuries and deaths remain common in the construction industry. The BLS reports that workplace accidents killed 668 Latinos in 2009, accounting for 15 percent of all job-related fatalities. Latinos endure a workplace fatality rate of 3.7 per 100,000, the highest of any ethnic group.
Experts propose many different reasons for the disproportionate risk that Hispanic or Latino construction workers face. Some of their reasons include:
- Communication barriers – Spanish-speaking workers may not understand all English warnings or instructions. However, employers should accept the responsibility of providing sufficient communication to their workers, even if it means having an on-site translator or bilingual foreman.
- Undocumented status: Construction companies often seek the labor of undocumented workers – sometimes referred to as illegal aliens – who came from Central or South American countries such as Mexico, El Salvador, Guatemala or Honduras. Construction companies know that these undocumented Latino workers will not report safety violations, out of fear of deportation.
- Hard–working nature: Some experts believe that construction companies take advantage of the hard-working and non-complaining traits of Latinos by putting them up to dangerous tasks without the necessary safety precautions in place.
Regardless of the cause, Latino construction workers suffer a heightened risk of serious injury or death. Fortunately, all injured Latinos have legal rights in America.
All Injured Latino Workers Have Legal Rights to Recovery
It does not matter whether the Latino worker is a first or second-generation American, or whether the hurt worker has documented or undocumented status. The lack of a work-permit, visa or green card has no bearing on an injured worker’s entitlement to damages when they suffer a work injury. And when a Latino worker dies from a workplace accident, his surviving family is entitled to legal recovery as well.
If you have been seriously injured while working at your job, it is crucial to contact a skilled New York personal injury attorney. Do not hesitate; you can confidentially consult with an independent lawyer and it will not appear in your employment files. The attorney will share information to help you obtain adequate compensation for your work-related injury or loved one’s death.Read More
Elevators in the U.S. make 18 billion passenger trips annually. Deaths due to elevator accidents average about 30 per year while the annual injury rate is estimated at 17,000. Though deaths and injuries are higher among workers who maintain and install elevators, passengers are generally safer on elevators than they might be if they were taking the stairs instead. When elevator accidents do occur, however, they can be quite shocking, distressing and frightening.
- In 2011, a New York City advertising executive was killed while stepping into an elevator. The car suddenly shot upward with its doors still open. When the swift motion caused the victim’s knees to buckle, she fell forward into the shaft and was trapped between two floors. A subsequent investigation revealed that maintenance workers had bypassed the door safety circuit by using a jumper wire while servicing the elevator. A simple precaution like placing yellow caution tape across the elevator door jamb would have prevented the tragedy.
- In April, 2013, a Florida hotel worker was cleaning out the bottom of an elevator shaft when a 3,500 pound elevator car came plunging down the shaft and crushed him. Investigators suspect that, due to a violation of the “Lockout/Tagout” procedure, main power to the elevator had not been completely turned off. Proper procedure requires that a person physically shut off power to the elevator and place a lock on the power lever. Only the person holding the key to the lock can restore power.
- Other high profile recent elevator accidents involved a Cal State Long Beach student and a 5 year-old Brooklyn boy, both crushed to death when they tried to escape a stalled elevator. In 2011, 22 workers were injured in a New York City Bed, Bath and Beyond freight elevator. When cables supporting the elevator snapped, the car dropped three floors to the ground. The brake mechanism was defective and failed to stop the car. The elevator defect caused its occupants to suffer neck and back injuries.
Common Underlying Causes of Elevator Accidents
According to Consumer Watch, elevator accidents are usually caused by one or more malfunctions. The list may include:
- Pulley system malfunctions causing an elevator to drop rapidly within the shaft.
- Defective doors that allow passengers to fall into an open shaft.
- Inadequate or incompetent repair, maintenance or inspection.
- Electrocution caused by faulty wiring or elevator control malfunction.
- Entrapment or wiring malfunction caused by heat from fire or water from emergency sprinklers or hoses.
Escalators may be even safer than elevators, although children and senior citizens are more likely than others to suffer injury. A 2008 study covering 14 years’ worth of data found 40,000 escalator-related injuries among older people, but no deaths. Children experience about 2.6 escalator injuries per 100,000, although the rate is nearly twice as high among children less than 5 years of age. No fatalities have been reported. Serious injuries may involve amputations or the tearing away of body parts (avulsions). Among the general population, accidents most often result from tripping or being pushed while walking on an escalator or falling while trying to step on or off the escalator.
If you or a loved one has been hurt in an elevator or escalator accident, contact the attorneys at the Orlow firm for a knowledgeable determination as to whether legal action is warranted.Read More
The New York City Housing Authority (NYCHA) runs one of the largest and busiest elevator fleets in the area. Its 340 public housing complexes serving poor and moderate-income families contain 3,338 elevators in 2,618 buildings. At 3.1 million trips a day, these elevators make 1.2 billion trips each year. In light of such heavy traffic, rates of elevator accident and injury are quite low. In fact, the likelihood of getting hurt in a city housing elevator is just one in 34 million trips.
Accidents Do Happen
In spite of NYCHA’s generally good elevator safety record, about 300 residents, employees and visitors have reported elevator-related injuries from 2001 to 2009. Those who received only minor bumps and bruises did not seek medical attention. But more than 170 people received treatment at hospitals, private doctors, or from paramedics and firefighters at the scene. Elevator accidents most often result in injuries to heads, backs, arms, legs, feet and knees.
Some Injuries Are More Serious
The most horrific recent NYCHA elevator accident resulted in a fatality. In 2009, a 5 year-old Brooklyn boy plunged 10 stories to his death while trying to climb out of a stalled elevator. In 2008, a 23 year-old home health aide en route to visit a patient was stranded in a stalled elevator when the outer door failed to close completely. As she grabbed the edge of the door to pull it closed, her middle finger became caught in the door frame as the door slammed into her hand. The door’s swift and forceful motion sliced off the top of her finger above the end joint. In a different incident, a firefighter trying to remove passengers from a stalled elevator lost part of his finger as well. Other serious injuries included swelling to the head and hands, a broken nose, and two amputated toes.
The great majority of NYCHA elevator complaints concern inner and outer doors than close too rapidly and with too much force. Residents have had to push young children out of the path of fast-closing elevator doors to avoid serious harm. Still, an infant was rushed to the hospital after being struck by a door and a young boy required surgery to repair an injured hand. Other residents have suffered cuts to hands and wrists as well as bruising on their forearms. In many cases, door timers are defective and need to be replaced.
It’s Not Just Injury
Malfunctioning elevators tax the daily lives of city housing residents both physically and psychologically. Many suffer inconveniences like missed school buses and medical appointments and are often forced to climb flights of stairs. This effort takes an especially difficult toll on the elderly and the disabled.
The City is Responsible
From 2001 to 2007, the NYCHA paid $3.5 million in judgments and settlements arising from elevator-related injuries. The biggest payout, $725,000, went to a Brooklyn public housing tenant who fell and broke her leg while stepping out of an elevator. The elevator had come to a stop two inches below floor level, creating a serious risk of passengers tripping while exiting the car. At least 14 elevator accidents involved children. In 30 cases, violations were issued to the NYCHA by the Buildings Department. The city has since made several repairs and has allocated $107 million toward the replacement of 550 elevators over the next five years.
Personal injury lawsuits against the city must be filed within certain time frames. If you or a loved one has been injured in a New York City public housing elevator accident, you should seek immediate medical and legal help. The attorneys at the Orlow firm are well-versed in this area of law and are knowledgeable about the procedures involved in filing claims against the city.Read More
Recently, the sex abuse scandal in the Catholic Church has been the focus of much media attention. But as shocking and disturbing as this problem is, it is not nearly as widespread as sex abuse in our nation’s schools. One university researcher has concluded that sexual abuse of students at school is 100 times more likely than sex abuse by a priest. In the U.S., many more children are enrolled in public schools than religious schools and too many students are at risk of school sex abuse.
In general, nearly a third of all forcible rapes in America occur against children younger than 11. An estimated 1 in 4 girls and 1 in 7 boys are victimized by unwanted sexual contact. It is very difficult to pinpoint how often school sex abuse occurs. Many instances go unreported because children are too frightened or embarrassed to speak out. A Department of Education report suggests that 6 to 10 percent of all public school students will suffer sex abuse before they graduate. Another study estimates that 10 percent of U.S. students will experience unwanted sexual contact at school, acts which may include exposure to pornography, lewd comments, peeping in locker rooms, and sexual touching and groping. At this rate, millions of students currently enrolled in grades K-12 will suffer some form of sexual misconduct by an educator.
Private Schools Too
In Los Angeles, the Miramonte public elementary school grabbed recent headlines when a teacher was accused of sex acts with more than 20 students, including blindfolding and photographing them. Two other workers at the school were also allegedly involved. The Los Angeles school superintendent was so outraged by the school’s culture of silence on student sex abuse that he removed and transferred the entire staff-teachers, administrators, janitors and cafeteria workers-so that the matter could be properly investigated. But school sex abuse also occurs at some of the country’s most elite institutions. At the exclusive Horace Mann School in Riverdale, N.Y., students were sexually abused by faculty members from the 1970s to the mid-1990s. More than 25 victims, men now in their 40s and 50s, came forward in 2012 to accuse 12 suspected abusers. Although the cases were investigated, the Bronx District Attorney’s office was unable to prosecute because the statute of limitations (see below) had expired. At the Groton School, whose alumni include admirals, generals, senators and former president Franklin Delano Roosevelt, one student reported numerous instances of sex abuse by other students. School administrators responded to his report by questioning his credibility and downplaying his accusations. The student has filed a lawsuit against the Groton School for failing to provide him with a safe environment.
Statute of Limitations
Under New York’s statute of limitations, child victims of sex abuse must commence a lawsuit or pursue criminal charges within 5 years after their 18th birthday. A new bill has been proposed in the New York State legislature to eliminate the statute of limitations on child sex abuse.
Disclosure Equals Prevention
There are more than 3 million teachers in America. The great majority of them are dedicated, caring professionals who are repelled by child sex abuse. At the same time, unless school sex abuse victims come forward and tell their stories, it is impossible to identify and keep track of abusers, making sure they stay away from schools and children. Keeping quiet about school sex abuse is one of the surest ways to expose other students to the risk of harm.
Prompt reporting of school sex abuse is the best way to preserve evidence, seek treatment, and comply with the statute of limitations. The attorneys at the Orlow firm understand that child sex abuse is a delicate matter and that victims often hesitate to speak out. If you or a loved one has been a victim of school sex abuse, our knowledgeable and sensitive attorneys are available to assist you.Read More
One in five children in the U.S. is a victim of sex abuse. Children in foster care face an even higher probability of being sexually abused. In fact, in some states, the rate of sex abuse in foster care may be as much as 28 times higher than in the general population. With nearly a third of all foster children experiencing some type of abuse or neglect, many experts question whether removing children from their own homes actually protects them. Unfortunately, even with intense services and close supervision, some of these homes are still unsafe. It is a sad fact that a child already victimized by sex abuse when he or she enters foster care is all too likely to be targeted again.
Children do not have the psychological maturity to cope with sexual stimulation. When they are exposed to sex too early in their lives, children may develop certain behaviors that make them vulnerable to further sexual abuse. Although this may sound like blaming the victim, it does seem that children hurt by sex abuse can be easy prey for abusive foster parents as well as for other children in the home. Some of the factors that increase a victim’s risk of further sex abuse are:
- Sex abuse conditions children to behave in ways that are often interpreted as inviting sexual activity.
- Sexually abused children might expect adults to behave sexually with them.
- Victims of child sex abuse may develop an early sexual awareness. As a result, physical pleasure may be associated with sex.
- Sexually abused children may lack age-appropriate socialization skills, exposing them to rejection or victimization by their peers.
- Abused and neglected children placed in foster care may have been subjected to serious emotional deprivation. These unmet needs may cause them to seek affection in inappropriate ways.
Foster Parent Abusers
A foster parent who sexually abuses one child in the home may repeat the behavior with other children. Risk factors for sex abuse by foster parents include:
- Foster parents with no history of abusing their own children may feel less inhibited about sexual activity with non-biological children. Removal of the “incest taboo” may create an opportunity for sexual abuse.
- Foster parents are in close, intimate contact with the children in their care, bathing and dressing them, disciplining them, and putting them to bed. This intimacy may stimulate sexual arousal in those who would not normally act on these feelings with their own children.
- Foster fathers who resent their wives’ devotion to the children in their care may sexually abuse a child out of anger or for emotional and sexual gratification.
- A foster parent may rationalize taking advantage of a sexually abused child by saying that the child has already had sex with at least one adult. These foster parents may convince themselves that further sexual activity will not harm the child.
Preventing Further Abuse
Many cases of sex abuse in foster care go unreported and uninvestigated, making prevention difficult. There are, however, certain measures that may help to curb further victimization of sexually abused children:
- Thorough background checks and screening of foster parent applicants.
- Special foster parent training in child sex abuse focusing on
- Normal childhood gender and sexual development.
- Behavior of sexually abused children.
- Causes of child sexual abuse.
- Management of sexual behaviors in children.
One of the long-term effects of sexual abuse in children is the risk of repeated abuse. But foster parents and the agencies that recruit, train and supervise them, still have a duty to keep these children safe from further harm.
If you or a loved one has been sexually abused in foster care, contact the attorneys at The Orlow Firm for a free initial consultation. For your convenience, we maintain four offices throughout New York City. Call (646) 647-3398 or contact us online.Read More
Bullying is nothing new; ever since schoolchildren have gathered on playgrounds, youngsters have been singled out by their peers. But, some things have changed, and the disturbing new trend of cyber bullying has turned social media outlets into a hotbed of abusive electronic communications that can sweep through the internet in moments, sometimes with deadly results.
Cyber bullying can take many different forms and occurs among children and teens in a wide range of age groups. For lawmakers, addressing this dangerous trend has proven a challenge. Yet, victims and their parents are not without recourse; swift action by those harmed by cyber bullying can not only stop the cyber bully, but can enforce a culture of zero-tolerance that will ultimately benefit all.
The Cyber Bully and its Victim
One might think that cyber bullying is something that occurs only in middle and high schools throughout the country. Shockingly, the harassment sometimes continues into young adulthood, as some college-age persons play the role of the playground bully.
In a recent high-profile case, 18-year-old student Tyler Clementi leapt to his death off the George Washington Bridge after fellow students secretly filmed and streamed online footage of him involved in a homosexual encounter.
Two undergraduates, Dharun Ravi and Molly Wei, were arrested and have been charged with invasion of privacy, although investigators are considering further charges linked to the fact that the footage captured Clementi engaged in a homosexual act; Cyber bullies who choose their victims based on sexual orientation, religion, race, etc. can be charged with a hate crime, potentially a much more serious charge than invasion of privacy.
The Ugly Methods of Cyber Bullying
The Clementi case is just one example of the gravely serious consequences of cyber bullying. Cyber bullying is broadly defined as when a child, preteen, or teen is tormented, threatened, harassed, humiliated, embarrassed, or otherwise targeted by another child, preteen or teen using the internet, interactive digital technologies, or mobile phones. Adult involvement usually opens the door to other issues, like cyber harassment or cyber stalking.
It can occur in a variety of mediums, including social networking websites like Facebook and Twitter, video-sharing sites such as YouTube, through instant messaging, or via text messaging on a cell phone. As young Americans have wholeheartedly embraced social media, the prevalence of cyber bullying is perhaps unsurprising: estimates of the number of youths who experience cyber bullying range anywhere from 10 percent to 40 percent or more.
New York and Federal Law on Cyber Bullying
With the level of concern over cyber bullying on the rise, many are wondering what local lawmakers are doing to combat the problem. In New York, there are no specific laws against cyber bullying or computer harassment. Yet, at a recent vigil held in honor of Tyler Clementi, Governor Paterson vowed to pass new anti-cyber bullying legislation. Bills seeking to curb cyber bullying have been introduced in the New York legislature before, but have failed to obtain enough approval to be signed into law.
While New York has not yet addressed the phenomenon, other states have. In Connecticut, it is a misdemeanor when a person acts “with intent to harass, annoy or alarm another person” to “communicate with a person…by computer network…in a manner likely to cause annoyance or alarm.” Federal lawmakers are also trying to take action; a bill currently under consideration in the U.S. House of Representative targets harsh words on the internet.
However, even without specific cyber bullying legislation, victims and parents in New York are not without options. Many traditional torts and criminal statutes can and have been used against cyber bullies.
Causes of action such as harassment, defamation, or even wrongful death may be available for use against the cyber bully, their parents, or a school or other responsible supervisor depending upon the facts of a particular incident. As in the Clementi case, prosecutors also may be able to charge for invasion of privacy or hate crimes. The best way to find out what causes of action may be available if your child has been a victim is to contact an attorney.
What You Should Do About Cyber Bullying
Adults have a critical role to play in stopping cyber bullies. Prevention is a powerful strategy, and teaching kids that cyber bullying is not acceptable is a prudent first step. But, when bullying has already occurred, stepping in is essential.
Victims and their parents should contact an experienced New York wrongful death attorney. Bullying cases are difficult to successfully pursue unless the child has experienced serious physical or documented psychological trauma as a result of traditional or cyber bullying; in these cases, financial compensation may be in order. Perhaps more importantly, a knowledgeable attorney can help parents send a strong message of zero tolerance to bullies that can save other children from similar ordeals in the future.Read More