Raiser & Kenniff is a premier personal injury law firm. Our team of lawyers has over 50 years of combined experience, helping clients with all sorts of issues ranging from slip and fall accidents, to complex medical malpractice cases. Some of our attorneys have handled both the litigation, and defense, of some of the toughest personal injury cases in the state of New York.
We handle tough cases, cases that other firms turn down. We help clients get compensation for all types of damages, both economic, and punitive. If you’re the victim of a personal injury, we encourage you to contact our law firm immediately. We are available 24/7 to help you with all forms of cases. All you have to do is call us, and we’ll offer you a risk free consultation in person, over the phone.
Bus Accident Personal Injury Verdict
Bus Accident Personal Injury Verdict
Boating Accident Wrongful Death Settlement
Medical Malpractice Settlement
Bus Accident Personal Injury Wrongful Death Settlement
Steven M. Raiser is a founding partner of Raiser & Kenniff, PC, and a popular television legal analyst.
Thomas A. Kenniff is a founding partner of Raiser & Kenniff, PC, and a popular television legal analyst.
FEWER CLIENTS. BETTER SERVICE AND RESULTS.
Our NYC personal injury law firm takes on significantly fewer clients than other firms. We’re very selective on who we work with. Our goal is to only focus on worthy cases, who we feel we can help. If we don’t think we can help you, we won’t take on your case.
NO FEE GUARANTEE
Our law firm works on a contingency fee basis, which means we never charge a fee unless we win your case. If we don’t win your case, our personal injury lawyers in NYC don’t charge a fee. It’s that simple. It’s how we prove to you – we’re on your team.
HIGHLY RATED TRIAL LAWYERS
Our team of attorneys are well known, and well respected. We have 100’s of reviews, all over the internet in places like Yelp, Google, Avvo, and other places. In addition, our personal injury lawyers have been recognized by lawyer websites like National Trial Lawyers Association, Avvo, Super Lawyers, and others.
Our firm prides itself on providing the best possible level of service. We are available 24/7, and can come to you regardless of where you are. We come to our clients at their home, the hospital, or their place of employment. Our new york personal injury attorneys believe in providing the best possible legal service.
Raiser & Kenniff, is a personal injury law firm based out of NYC, that has over 30 years of combined experience helping victims of personal injuries. Our firm was founded by two former prosecutors. Our firm brings this collective experience to each and every case we handle. Our firm understands and empathizes with what you’re going through, and believes in providing the best possible legal help. Our team of personal injury lawyers has won millions, in combined verdicts and settlements, on behalf of our clients. Your future is important to us – and it begins, when you contact us for a risk free evaluation of your personal injury claim.
As former prosecutors, we know how to negotiate – and when to be aggressive, when fighting against insurance companies. We understand how to build a solid claim, that will get get you the compensation you rightfully deserve. We understand, how the insurance company will try to hinder/disprove the validity of your claim – and we know how to counter it as well. Regardless of where you were injured, or what injured you – we can help. In order to get started, contact our law offices today.
Raiser & Kenniff, PC, has offices all over New York – in order to provide clients the best possible legal representation. We have offices in NYC and Long Island, and can even come to you. We work with experts, who can help us build a case – and find credible evidence to prove your claim. Many attorneys refer personal injury cases to us, because they trust in our ability and desire to help victims of injuries recover. We don’t take a cookie cutter approach to helping victims. Our #1 objective is to get our clients compensation for their pain and suffering. In the past, we’ve handled cases ranging from civil right abuse, to medical malpractice and truck accidents. We never charge a fee, unless we win your case.
Our law firm has recovered millions in combined verdicts and settlements on behalf of our clients. When you’re the victim of an injury, you need an attorney who believes in you – and is going to fight for you. We believe in concierge customer service, and encourage you to contact us.
We are one of the top personal injury law firm in New York. Founded by two former prosecutors, we are very aggressive and have the resources to win your case. We help each, and every, client – get the results they deserve. Our NYC personal injury attorneys are all recognized by the top lawyer ranking platforms like Avvo, National Trial Lawyers Organization, Super Lawyers, and many more.
Our NYC personal injury lawyers are selective about the number of clients we service each month. We believe that by limiting the number of clients we’re able to provide more service, and generate better case results. That’s one of the main reasons why many of our clients refer us to their friends, and family members. It’s because they know we’ll give them the service they deserve. We offer a risk free consultation, so you can get an assessment of the strength of your case. During this initial free consultation, you can ask us anything.
Raiser & Kenniff is an amazing firm, and truly impeccable when it comes to service and results. I highly recommend them, and I think you’ll be happy if you work with them.
Mr. Steve Raiser did an excellent job handling my case, his hard work led to the dismissal of my cases. Not only was Steve Raiser very professional, he was also very personable as I was able to talk to him as a friend and seek advice from him.
In a personal injury case, an attorney questions a party in the case while a court reporter keeps a record of the entire conversation. The opposing attorney asks the questions. Either attorney can deposition witnesses to the accident.
Depositions usually take place during the lawsuit’s discovery phase, which is after the plaintiff files the lawsuit but before it actually goes to trial. While an attorney can hold a deposition anywhere, the most common locations are at the attorney’s office or at the court reporter’s office. The attorney who is holding the deposition has to provide a reasonable amount of notice to the other parties involved. An attorney is able to depose any party that has knowledge relating to the lawsuit, but people who are deposed don’t always appear. If an attorney wants to depose someone and that person won’t voluntarily appear, then the attorney must subpoena them.
How you are questioned in a deposition is much different than how you are questioned in court. In court, your own attorney would ask you questions first in what’s known as direct examination. Then, the opposing attorney would ask you questions in what’s known as cross examination. In the deposition, the opposing attorney is the only one to question you.
The opposing attorney typically starts the deposition by explaining a few general rules to you, including that you’re under oath, that your answers are being recorded by the court reporter, and that you must answer out loud, since the reporter isn’t allowed to record nods or gestures. They may also tell you that although you shouldn’t guess at an answer, you should provide your best estimate when it comes to times, speeds, and distances. These are all difficult to judge, so don’t be afraid to say you aren’t sure if that’s the case.
The answers you provide at your deposition are crucial, so your attorney should thoroughly prepare you beforehand. They will likely instruct you to keep your answers concise and to the point. Opposing attorneys sometimes ask broad, open-ended questions in depositions, as the longer the answer, the more likely it will provide them with something they can use
The most important thing to realize at a deposition is that the opposing attorney wants to find information that they can use against you. Resist the temptation to go into detail trying to tell your side of the story. No one is going to make a judgement after the deposition, and you aren’t going to convince anyone there that you are in the right. The ideal answer length is one sentence. The opposing attorney can ask follow-up questions if he wants more information.
An opposing new york personal injury attorney has a few things they’re looking for at a deposition. They want to know your story, because that helps them prepare their case. For that reason, you don’t want to provide more information than necessary. They also want to get your story on record, because that means you have to stick to that story at the trial to avoid contradicting yourself. Ideally, the attorney wants to either catch you in a lie at the deposition or at the trial. The more details you provide, the more opportunities there are for the attorney to spot inconsistencies in your testimony.
A deposition can feel a bit awkward, but that’s actually a good sign. You should wait for the attorney to complete their question, take a moment to consider you answer, and then answer. It should never feel like two friends having a chat, as that means you’re likely providing too much information. If you don’t understand the question, ask the attorney to clarify. Don’t be afraid to clarify a question or say that you don’t know an answer if that’s truly the case.
Depositions are often long and mentally taxing. Remember that you can request a short break if you’re starting to get tired. It’s better than ending up drained and providing poor answers. Bring snacks and water. Get up and stretch your legs on your breaks. It’s good to take a 10 to 15-minute break for every 45 minutes of questions.
Going to court can be a difficult process. First and foremost, it is time consuming – just getting on the docket can take longer than you’d hope, and you might have to miss important events in your life to do so. Even if you can get to court, you’ll end up paying more of the privilege than you might imagine. You’ll also have to relive the incident that caused your injury in great detail, possibly undoing much of the progress you’ve made since the injury occurred. Fortunately, there are options available for those who do not want to go court – options that be appropriate in very specific circumstances.
Dropping the Case
The most obvious alternative to going to court is to simply not move forward with a case. Even if you are injured, there’s nothing that says you have to go to court. You can choose to move on with your life and let your insurance company handle any monetary issues that might occur. If there’s a question of fault or if you don’t think the other party will be able to pay, you may actually save money by just choosing to let things go. While this isn’t a good way to get restitution, it may be helpful for those who just want the situation to be over.
The vast majority of personal injury cases never reach the trial stage. Before you can even begin to put a case together – and in many cases, before you even speak to a lawyer – you will be contacted by the other party with an offer of a settlement. In most cases, the settlement will be initiated by an insurance company that wants to cut its potential losses. They will offer you a lump sum payment, which you can take or leave. There is almost always a time frame for accepting this offer, so those who want to settle need to work quickly.
It’s often a good idea to consult with an attorney before you make a decision about a settlement. While a settlement certainly isn’t an admission of fault, it is usually a sign that the insurance company believes that it stands a good chance of losing in court. Still, settling the case is usually the fastest way to get money and to move on with your life. If you are looking for a method of putting everything behind you without having to set foot in a courtroom, this is probably your best chance.
Mediation and Negotiation
There are also methods of coming to a solution that don’t involve going in front of a judge. Generally grouped under the heading of alternative dispute resolution, these methods allow you to get together with the other party to make a decision as to what to do next. You will get a very unique chance to come to a solution that might be outside of what the court would ordain, which could in turn make life easier for all involved. The courts tend to look very favorably on alternative dispute resolution, so it may be something you want to pursue.
The most common type of dispute resolution is a negotiation. In this circumstance, you and your lawyer will get together with at least one other party. In most injury cases, the other party will be the insurance company. You may, however, deal directly with the other party and his or her lawyer. You will be given a chance to sit face to face and come to a decision that works for both parties. If you were the party who was injured, this will be a chance for you to lay out your costs and present a vision for how your future will go.
You may also engage in mediation. In mediation, you and the other party will sit down with a neutral facilitator called a mediator. In this meeting, you will work out a solution. Your solutions need not be solely monetary, and there’s usually a great deal of effort put towards making sure that both parties are happy with the agreement. While you don’t always need a lawyer for mediation, it’s often a good idea to bring representation. Lawyers can often be a very helpful part of the process and can work to help their clients.
There are options out there that can help you avoid going to court. You can choose not to pursue legal action, you can accept a settlement, and you can even choose to go through with an alternative dispute resolution process. No matter what you choose, though, you should speak to an attorney. He or she can give you advice as to how to proceed and what the pros and cons to each choice might be. Going to court isn’t the end of the world, but it’s also not the only way for you to deal with your personal injury suit.
It can be scary to be injured. You are hurt, you are frightened, and you don’t know what to do next. One thing that you’ve probably been told over and over again, though, is that you should probably talk to a lawyer. You’ve also been told, though, that talking to a lawyer is expensive. The timing in these cases is often important, so it is a good idea to know when you should talk to a lawyer. Fortunately, there are a few situations in which talking a lawyer isn’t just helpful, but in which it can make a huge difference in your future.
Immediately After an Injury
The best time to talk to an attorney is immediately after you are injured. Personal injury cases are very time-sensitive matters and evidence will begin to disappear the moment after the accident occurs. Even if you don’t know if you want to bring a case – or even if a there’s a possibility of a case at all. If you want to make sure that your issues are handled in a timely manner, it’s always a better idea to talk to an attorney sooner rather than later.
As a related note, there’s nothing wrong with talking to a lawyer quickly. It doesn’t make you look greedy or guilty – it just makes you look intelligent. People who care about their future are the people who talk to a lawyer soon. He or she may not even advise you to move forward with a case, but it’s better to find this out as quickly as possible.
When You Have Questions
Even if you have absolutely no desire to ever bring any kind of case, it’s a good idea to talk to a lawyer if you have any questions. If you wonder how you should deal with insurance, what you sould say to the other party or even if it’s safe to post details on social media, it’s better to get advice fro a lawyer than from strangers. While your friends and family might have very good intentions, they don’t have the information necessary to give you advice.
It’s also good to talk to a lawyer because you might be out of yoru depth when you are dealing with things on your own. While working with a lawyer might cost you money, it’s nowhere near as constantly as the mistakes you can make when you handle your problems on your own. It’s always a good idea to talk a lawyer if you have any kind of legal question.
If There’s a Negotiation
You might want to avoid going to court by negotiating with the other party, their insurance, or even your own insurance company. This is a great way to get through the process without things getting overly adversarial and a fantastic way to save everyone time and money. It’s also a situation in which you are going to need a lawyer’s advice, because it’s a given that the insurance company will show up with legal representation. When you are going through a negotiation, you owe it to yourself to be at least as prepared as the other party.
Be careful during negotiations, especially if the other side says they want to keep lawyers out of this. They are under no obligation to avoid a lawyer, and neither are you. If you want to be prepared for your negotiations, it’s a good idea to talk to a lawyer to at least get a bit of advice.
If You Just Want Help
The most important time to talk to a lawyer, though, is when you just want help. You might feel overwhelmed or that you don’t know what to do next. You might be panicking or on the verge of making a bad decision. If you want help, you should go to a person who is trained to provide you with legal aid. You don’t have to commit to anything, but it’s a great idea for you to get the advice you need.
Good lawyers are always there to help you with your personal injury case. A lawyer’s job is to represent his or her client zealously, and no lawyer is going to take your case if he or she think he or she cannot help you. If you are at the point where you need a lawyer’s help, the best move you can make is to go ahead and make an appointment.
There’s never a bad time to talk to a lawyer after an injury. Whether you want to bring a case, are thinking about negotiating or if you just need some advice, a lawyer can help you. The worst mistake you can make is to wait to long, so talk to a lawyer as soon as you think that you might need a bit of help.
After you’ve been in an accident, you have a lot going on. Between doctors’ appointments and trying to recover, you’re focusing on getting your life back together.
While your first priority should be returning to health, you also need to consider your timeline for filing a lawsuit against the party responsible for your injuries. If you’re hoping to get compensation for your injuries, lost wages, and medical bills, then you need to begin your lawsuit within the statute of limitations.
Time can go by very quickly after an accident. You may think you have plenty of time to complete your lawsuit, but you would be surprised how easily the statute of limitations can pass you by. Once that statute of limitations passes, you lose your right to file a personal injury lawsuit forever.
But what is the statute of limitations for a personal injury case?
About the New York Personal Injury Statute of Limitations
If you have a personal injury case in the state of New York, you only have two years to file your lawsuit. If your case is against the state of New York or against a city or county in New York, you have even less time – only 180 days to file your claim and one year to file a lawsuit.
The statute of limitations will begin running the day you are made aware of your injuries. In most cases, this is the same day that the accident occurs. The only exception to this is if you have a “hidden” injury.
Hidden injuries do not appear immediately. They may take years and years before they show up. If you have a hidden injury from your accident, then the statute of limitations would begin the day you’re made aware of the injury.
This means you need to act very quickly after you’ve been injured to ensure you meet the deadlines of the statute of limitations. However, there are many benefits to beginning your personal injury case early.
Why You Need to Begin Your Personal Injury Case Quickly
The statute of limitations isn’t the only reason you should act quickly when beginning your personal injury case. The first few days after your accident can be crucial for gathering the information and evidence you need to support your case.
In order to support your side of the story, you will need pictures of the accident scene, the damage that was done during the accident, and the damage to your property that the accident caused. You will also need to speak with witnesses of the accident to get their testimonial and perspective.
If you let too much time pass, the area that the accident occurred may be cleaned, repaired, or wiped away, witnesses will become difficult to track down and the evidence you need could be hard to come by.
The sooner you talk with a personal injury attorney, the sooner you can begin working on your case. Your personal injury attorney will help you determine what time sensitive information you need to gather before you can no longer collect it.
Beginning your case early will also give you and your personal injury team some breathing room. If you wait until near the end of your statute of limitations, you may need to rush through the procedures to ensure you’re meeting your deadlines. This can hurt your chances of presenting the best possible case for your situation.
The sooner you begin building your case, the better chance you have at winning. To properly gather the right information, evidence, and support for your claim – and to ensure you don’t go outside the restrictions of the statute of limitations – at least begin considering what you would need to file your lawsuit.
Working with a New York Personal Injury Attorney
If you’ve been in an accident, don’t wait too long to think about filing your personal injury lawsuit. You should contact a personal injury attorney as soon as you believe you may need legal assistance. This may mean contacting an attorney as soon as you’ve been injured.
Some serious injuries will require legal assistance more quickly. If you or someone you love has been severely injured or paralyzed because of an injury, you will want to contact an attorney immediately. If someone you love has died as the result of their accident, you will also want to contact an attorney as soon as possible.
Waiting to begin your lawsuit could have serious consequences on the outcome, meaning you need to pay more money out of pocket. If you are hoping to get the maximum compensation for your injuries, you will want to begin building your case as soon as possible. For that reason, you will want to talk with a personal injury attorney immediately.
The decision to take a settlement is one that should be greatly deliberated. However, there is an old saying that simply states that “a bird in the hand is worth two in the bush.” In many cases, having some money in your hand is better than waiting for the possibility of more down the road. There is no clear yes or no answer to this question. You must evaluate your case and weigh the facts before making such a decision.
Deliberate The Offer
Most of the time, an insurance company is not going to offer you what your claim is worth. They want to settle because they do not have to pay the outrageous costs to litigate the case. Remember, the insurance company has one goal in mind, they want to settle your case as quickly and for as little money as possible. Is the offer substantial, or is it laughable? You should have a list of all of the expenses you have incurred due to the accident or injury. Does the settlement offer cover these expenses plus give you money for your pain and suffering? You must make a financially wise decision. If you can pay off all your medical bills, pay for your attorney, and have some money left over to compensate you for your suffering, then you may want to consider taking the settlement.
Considering Your Time Line
Another thing that you should consider before taking an offer is the amount of time you have already waited. If you are unable to work and the medical bills continue to pile up, a settlement of less may really help you out now. Sure, you can go on and continue to fight, but it will only drag out the day you receive your compensation. Additionally, if your case is before a judge, you can loose and receive nothing. Though that is unlikely if you have a true case, insurance companies play dirty to keep from paying you a dime.
If you have been in an ongoing case for under six months, you may be willing to wait a longer amount of time for a compensation package than someone who has been waiting for two years. The timeline is very important. Depending on your current financial situation, it may be time to cut your losses and be done with the matter.
How Serious Are Your Injuries?
How severe are your injuries? Insurance companies are more apt to settle quickly when the injuries are more serious in nature. They know that the longer the case drags on that there will be more medical bills that are incurred as well as their legal fees. Are the injuries you suffered going to be ongoing or was your injury one that healed quickly? Those who have soft tissue damages would be eager to settle their claim quicker than those who have a wrongful death case. Everyone knows that the more severe the injuries, the more money you can demand in compensation. It just really comes down to whether their offer fits your injuries.
Things To Keep In Mind
A settlement puts an end to the case. That means that from that point forward, you are responsible for any ongoing medical bills. It is important to have an accurate prognosis to ensure that making a decision like this is not done in haste. If the medical bills are still rolling in, and the doctor’s appointments are ongoing, settling too soon may be a costly mistake. The insurance company likes to play games. They want to wear you down and drown you in paperwork so that you will settle for whatever they offer. You must have a good attorney fighting on your behalf. A lawyer can help advise you on the settlement and whether you should take the money or hold out for more. Once the case is settled, there is no do-overs or going back for more money. The matter will be closed and considered finalized, so it is important to make sure you make the right choice.
NYC is known for its heavy traffic that moves at a frantic pace and Long Island is no different. With a population of just over 4 million people. NYC has its fair share of traffic accidents. While many accidents are minor and not a source of serious injury, others leave victims with injuries that will last a lifetime. Below is an overview of New York personal injury law and how it pertains to car accidents. If you have been hurt in a NYC car accident, it may be a good idea to speak with a NYC personal injury lawyer for information.
If you are hurt in a NYC car accident, you must file a lawsuit in court within a certain period of time. While this time frame varies from state-to-state, New York accident victims have 2 years from the accident date to file a claim. If you do not file your claim within this time frame, your case may be thrown out of court without being heard.
Common Car Accident Causes
There are a variety of circumstances which lead to car accidents on New York roadways. Some of the most commonly reported accident causes include:
-Driving Over The Posted Speed Limit
-Failure To Yield The Right Of Way
-Failure To Take Care During Lane Changes
-Driving While Distracted By Cell Phones Or Other Mobile Devices
-Operating A Vehicle Under The Influence Of Alcohol
-Driving Under The Influence Of Illegal Or Prescription Drugs
-Potential Car Accident Injuries
If you are involved in an accident, you may suffer a variety of injuries such as:
-Spinal Cord Injuries
-Internal Organ Damage
-Crush Injuries Of The Extremities
-Traumatic Brain Injuries
While some of these injuries do not cause lasting medical issues, those that are serious could lead to a lifetime of medical care and loss of income. If you are disabled as a result of another driver’s negligence, you may be able to obtain additional compensation for future lost wages.
Obtaining a settlement for your injuries depends on your ability to prove the accident was due to another driver’s negligence. If you are the plaintiff or the one who files the lawsuit, the burden of proof rests on you not the defendant. For this reason, it typically best to hire a personal injury attorney to help you prove your case. Some things an attorney may do to prove your injuries were caused by the negligence of another driver are:
-Obtain Police Reports Detailing The Circumstances Surrounding The Accident
-Hire Accident Investigators
The purpose of a personal injury lawsuit is to make you whole again. In an effort to accomplish this goal, you may be awarded money for economic and non-economic damages. Below are just a few damages you could receive if you win the case:
-Cost Of Hospital Bills
-Emergency Room Fees
-Ambulance Transport Costs
-Cost Of Alternate Transportation To Doctor Visits
-Pain And Suffering
While bicycles are fun ways to exercise for some people, others use biked for their daily commutes to work. With either scenario, an accident can leave a bicycle rider in a less than enviable situation. When a motorist causes the accident, it pays to seek help from a bicycle accident lawyer in NYC as quickly as possible. Here is what the legal counsel will do on behalf of the client.
Evaluating the Specifics of the Accident
One of the first things the lawyer will want to do is learn all there is to learn about the accident itself. The process will usually begin by talking in depth with the injured party and getting a good idea of how the victim perceived the string of events. Expect the lawyer to listen as the client tells what happened, and possibly make some notes during the narrative. Once the client has gone through the events, the attorney is likely to have a few questions.
Witnesses to the accident will also be interviewed. This can help to provide additional perspectives about the details. In most cases, this will provide confirmation for what the lawyer has heard from the client.
Along with talking with the client and other parties, the lawyer will go over every detail of the accident report. This allows the legal counsel to see what information is already on file with the police department and to relate those details to what the client and the witnesses had to say.
Going over the medical records related to the accident is also essential to building a case. What did the medical team in the emergency room note about injuries and treatments? If the client was admitted to the hospital, what procedures and tests were conducted as part of the treatment process? Will the client need physical therapy or other types of followup treatments? This information will be essential when the time comes to discuss possible courses of action with the client.
Recreating the Accident
Not everyone knows that bicycle accident lawyers in NYC can make use of professionals to create a simulation of the accident. This is helpful in terms of understanding the placement of all involved parties at the time of the event and may provide additional insights into what took place. That information will be helpful in seeking to protect the interests of the client.
Discussing Possible Ways to Proceed
Assuming the lawyer determines the client has a case, there are a couple of ways to proceed. One of them involves entering into a settlement with the responsible party’s insurance company. When the other party is not disputing responsibility, there is a good chance that the individual’s auto insurance policy covers this type of accident. What remains to be determined is how much the insurance company is willing to pay to settle the claim. To protect the interests of the client, no settlement negotiations take place without the legal counsel being present.
When settlement negotiations are highly unlikely, choosing to sue for damages is a possibility. The lawyer can discuss how such an action would proceed, what to expect in the way of time and effort needed to pursue the case, and what could result from choosing this approach. The goal is to ensure the client has all the data needed to make an informed decision.
What Type of Compensation is Possible?
Currently, it’s possible to seek damages that over most out of pocket expenses the client incurs as a result of the accident. Any medical expenses, including deductibles, can be part of the settlement demand. If the client is out of work and unable to earn an income for a period of time, there is a good chance that a judge would make allowances for this. Depending on the particulars of the case, compensation to help cover future medical expenses such as ongoing physical therapy, may be bundled into the settlement figure.
The lawyer will seek damages based on the specifics of the accident and how the event has affected the client. If there is a long term impact on the client’s ability to work or has led to some type of permanent disability, the lawyer will seek to secure financial resources that help the client to enjoy a reasonable standard of living.
Don’t assume there is nothing to do but take whatever crumbs the responsible party is willing to provide. Seek help from a bicycle accident lawyer and ensure everything is done in order. In the best-case scenario, the situation will be resolved quickly and life can get back to normal.
You’re completely exposed to serious injuries or being killed when you’re in a motorcycle accident. There’s really nothing to protect you other than perhaps a helmet. There’s no steel shell or frame around you. There aren’t any crumple zones, and there aren’t any airbags or seatbelts to keep you from being launched if there’s an impact.
The 2015 numbers
Motorcycles don’t present a large profile in traffic. Many drivers just don’t see them, or they see them too late. According to the National Highway Traffic Safety Administration (NHTSA) 4,976 people died in motorcycle accidents in 2015, and 88,000 were injured. On the basis of 2014 NHTSA crash data, motorcyclist deaths occur 27 times more frequently than fatalities in other vehicles.
Common causes of motorcycle crashes
Most motorcycle crashes involve a head-on collision with another vehicle impacting with the motorcycle from the front. Rear-end collisions involving motorcycles only occur about 5 percent of the time, but those are dangerous too. Most head-on collisions occur when another vehicle turns left in front of a motorcycle, and most of the time, the car will hit the motorcycle when it’s traveling through an intersection. At other times, a vehicle might turn or change lanes while it’s being passed by a motorcycle, and then there are the crashes that occur when a vehicle is entering a roadway from a private drive.
Common motorcycle accident injuries
The U.S. Centers for Disease Control and Prevention studied more than a million motorcycle crashes, and it recorded them relative to locations on the body. It found that 30 percent of all motorcycle accident injuries were to the legs and feet, mostly in the form of fractures. Injuries to the head and neck comprised 22 percent of all motorcycle accident injuries. Those usually involved dangerous traumatic brain and spinal cord injuries. Following those were chest, shoulder and back injuries and hip and pelvis fractures. Just about any serious motorcycle accident also involves “road rash” with scrapes and abrasions to the skin. Serious infections and surface nerve damage are often secondary to “road rash.”
The law of negligence controls most motorcycle accident cases. To show that another driver was careless and negligent, the motorcyclist must prove certain elements. Those are that the other motorist:
The motorcyclist must prove each and every one of these elements. Failure to prove any single element can result in a negligence case failing in its entirety.
If the injured motorcyclist proves the elements of negligence, he or she is entitled to an award of damages. They can be economic or non-economic in nature, and they might include:
There are times when a motorcyclist might be partially at fault for an accident, and a defendant might ask a judge or jury to take that into consideration in awarding damages. That’s known as the law of comparative negligence. For example, if a motorcyclist is determined to be 30 percent responsible for their injuries, a gross damages award would be reduced from $100,000 to a net award $70,000. In most states, if the motorcyclist is determined to be 50 or 51 percent at fault, the law won’t permit an award of damages. That’s called modified comparative negligence. California is a pure comparative negligence state though. In pure comparative negligence states, a person can be 90 percent at fault for an accident, but still recover 10 percent of their damages.
You have as much of a right to be on the road as anybody else. Contact us right away for a free consultation if you or somebody close to you was injured in a NYC motorcycle accident. We’re experienced and successful motorcycle accident attorneys. No legal fees are due until we obtain compensation for you.
Have you been injured in a slip and fall accident? Were you minding your own business but due to someone else’s careless neglect you are now suffering from injuries? You may have a case. As a NYC accident attorney, we see a great deal of injuries from people slipping, tripping, or falling.
These slip and fall accident can occur anywhere at any time. They often happen in the grocery store, on a sidewalk, or at a routine place of business. Thankfully, most of the cases result in just a few bumps or bruises and never amount to anything. However, some of these accidents that can be quite serious. Serious injuries can cause broken bones, lacerations, and critical head or spinal cord injuries. Surgery may be required to repair or restore functionality. The best thing to do after an incident of this nature is to hire a qualified personal injury attorney to help you through this. When you are suffering due to someone else’s neglect, you need help.
The Many Causes of Slip & Fall Accidents
In most cases, a slip and fall accident can be totally prevented. Take for instance an incident that happens in the grocery store. Spills are often not cleaned up immediately. If proper signage is not out to indicate the presence of liquids, many people will slip or trip in the mess. Until the area is cleaned, management is required to put a sign up to warn customers, but often, management doesn’t know about these spills until it is too late.
A parking lot can bring other difficulties. Over time concrete or blacktop can bust, crumble, and crack. These deformities create uneven surfaces that are dangerous to walk across, especially for those that have poor balance. Falling on such a hard surface will cause great problems. In both of these examples, both the grocery store and the parking lot’s owner are responsible. They are required to maintain a safe place to park and shop. Their negligence can cause an accident, and they will be required to pay.
Getting Proper Medical Treatment
If you or a loved one have suffered from a slip or trip accident, you need to seek medical attention right away. Many people don’t feel that they are hurt, or they don’t want to mess with going to the hospital. You may not feel hurt at the moment, but that doesn’t mean you don’t have any issues. These injuries may need time to manifest themselves. You may feel no pain or discomfort until later, which is why you need to be checked out immediately. Not only does getting medical help identify any medical problems you may be experiencing, but it also will help you to solidify any compensation claim that you may choose to file. Keep in mind, not every accident is grounds for a legal battle. An attorney would have to review your situation and see if there is enough evidence to go to court.
Contact a NYC Slip and Fall Lawyer Today for a Free Consultation
After an accident like this, you need to contact an experienced attorney. We can discuss with you what your legal rights and options are. We may be able to recover damages for you for your lost wages, medical bills, and pain suffering. We will hold the at-fault party responsible for their careless act that caused your injuries. California has limitations on how long you have to file a claim. Make sure to contact an attorney right away.
Our lawyers have significant experience in helping those who have been involved in a slip and fall accident. We work aggressively to advocate on your behalf. We work hard to make sure you get a fair compensation for your injuries. Best of all, you don’t have to pay legal retainers and out of pocket costs to file a claim. Personal injury cases work on contingency. We don’t get paid unless you win! If you feel that you have a claim from a personal injury, call today for a free consultation.
Negligence is when one party’s careless actions result in an injury to another party. If a court determines that a party was negligent, then that party may be liable for any damages the injured party incurred as a result. The negligent party could be an individual, a business, or an organization.
There are four essential factors that play a role in negligence cases.
The first part of a negligence case is determining if the defendant had a legal duty of care towards the plaintiff. This legal duty may or may not be the result of a relationship between the two parties.
One common example of negligence that typically requires a relationship between the two parties is medical negligence. The law requires doctors and nurses to competently care for their patients. If a doctor were to ignore a patient’s symptoms and the patient became ill or injured because of that, the doctor could be held liable, as the patient entrusted their care to that doctor. If the patient’s friend ignored their symptoms, their friend wouldn’t be liable, because they don’t have that duty of care.
Car accidents are a common situation that doesn’t require a relationship for one party to be found negligent. If one driver is using the phone while driving and rear ends another, they are negligent, because the law requires them to drive safely and focus on the road.
Breach of Duty
After finding that the defendant had a legal duty towards the plaintiff, the next step is figuring out if they breached that duty. The law determines this by comparing the defendant’s actions to those of a legal standard called a reasonably prudent person, which refers to how the average, responsible adult would have handled the situation.
Going back to the car accident example above, the court would likely determine that the driver who caused the accident had breached their duty, because a responsible adult wouldn’t allow their phone to distract them while operating a vehicle.
It’s not enough that the defendant breached their legal duty to the plaintiff. That breach of duty also must have directly caused the damages. Requiring cause ensures that people aren’t punished simply for acting negligently. For example, if that driver who was using their phone was in the other lane and not involved in the accident, it wouldn’t make sense to blame them only because they were acting negligently.
Cause also takes into account if the situation was foreseeable for the defendant. If the situation occurred because of a completely unexpected act of nature, the court may not hold the defendant liable even if that party was negligent.
If the plaintiff is able to prove that the defendant had a legal duty, breached that duty, and caused damages, then the final step is for the court to determine the amount of those damages and compensate the plaintiff accordingly. The plaintiff provides documentation of damages that they allege were the result of the defendant’s negligence. Damages may include property damage, medical bills, and lost wages (if the plaintiff missed work because of the accident).
Negligence damages can add up quickly, as one case may have multiple types of damages. Consider a car accident where one driver is negligent and a serious injury occurs. The injured party may file a lawsuit for the damage to their car, medical expenses including an ambulance ride and hospital costs, and all the lost wages from being injured and unable to work. Negligence judgements can easily exceed tens of thousands of dollars, which is why it’s so important to protect yourself by having the proper insurance. The most common types of insurance that cover negligent actions are auto insurance for drivers, home owner’s insurance for home owners, and liability insurance for businesses.
If you were injured in a motor vehicle collision during the course and scope of your employment, it’s likely that you’re eligible for workers’ compensation benefits. We might see this in the context of somebody who is delivering parts for an auto parts store or a nurse who travels to the homes of several patients a day. Under these circumstances, liability is irrelevant so long as the parts delivery driver or traveling nurse was injured during the course and scope of their employment by a foreseeable risk of that employment. Even a single vehicle accident with 100 percent of the liability being attributable to the parts delivery driver or nurse would be compensable.
What compensation is available?
In a workers’ compensation claim, the general rule is that three types of compensation are available. Those include payment for:
Other forms of workers’ compensation benefits are available in a minority of cases. What comes to issue is that most workers compensation benefits are limited. They don’t contemplate other damages that a jury is allowed to consider in a personal injury or wrongful death case.
The sole and exclusive remedy
The injured employee and his or her employer are the two parties to a workers’ compensation claim. That workers’ compensation claim is ordinarily the employee’s sole and exclusive legal remedy when he or she is injured on the job.
Injuries caused by third parties
An exception to the sole and exclusive remedy law arises when the employee’s injury was caused by a careless and negligent third party. Under those circumstances, the injured parts delivery driver or traveling nurse can bring both a workers’ compensation claim and a personal injury lawsuit in a civil court of law to obtain compensation for their injuries.
Damages in the third party negligence case
In a civil personal injury case, other damages on top of those allowed by a workers’ compensation claim are allowed. Two of those types of damages include pain and suffering and loss of a normal life. These might be awarded for the duration of an accident victim’s life expectancy. They can make a civil personal injury case for a leg fracture requiring surgery far more valuable than a workers’ compensation award for the same injury, especially if no fault for the accident is attributable to the party claiming injury.
Fault in third party claims
Sometimes the person claiming injuries from a motor vehicle collision is partially at fault for his or her own injuries. That partial fault can be raised as an affirmative defense by the person who is claimed to be liable for the accident. That’s known as the law of comparative negligence, and if a person is found to be partially at fault for an accident, the percentage of fault attributable to him or her is deducted from their award. For example, if a person is awarded $100,000 in a civil personal injury case, and he or she was determined to be 25 percent at fault, the net award would be $75,000. Any possible issues involving comparative fault must be considered in deciding whether to bring a third party action in a civil court.
Keeping your family up and running
A serious leg fracture with resulting surgery, physical therapy and rehab might keep somebody out of work for several months. The benefits of worker’s compensation laws are that reasonably necessary medical bills would be paid on a timely basis. Temporary total disability would also be paid while the victim is recovering and still treating. Workers’ compensation benefits operate to keep that injured person’s family up and running during an interim that would otherwise be a financial disaster.
The workers’ compensation lien
The law doesn’t allow a person to have two awards for one injury. That would amount to a double recovery. An employer or its insurance company will ordinarily maintain a lien or right of reimbursement over any proceeds derived from the third party action. For example, if you’re awarded $240,000 in a civil court for that leg fracture case, your employer or its insurer must be reimbursed from that $240,000 for the medical bills and temporary total disability that it paid you. It’s highly likely that you’d still be far ahead financially, even if you were awarded permanent partial disability.
Both workers’ compensation and personal injury are highly complex areas of the law. After being injured in any auto accident, contact us right away for a free consultation and case evaluation. You don’t need any money to retain us. We only get paid if we obtain a settlement or verdict on your behalf.