What Should I Do if I’m Injured?
All about Personal Injury
The area of law pertaining to personal injury covers a broad spectrum of possibilities. Personal injury can result from an automobile accident, an accident on someone else’s property, or from a “slip and fall”. The injury can also be caused by a machine, or a product. It can include a case where you sustain damage as a result of malpractice. The responsible party may be an individual, a business or even a governmental municipality. The advice and assistance of a competent and caring lawyer is invaluable in any case involving personal injury. This is true whether you or a loved one are the injured party or the party responsible for the injury.
Auto Accidents: from Fender Benders to Fatalities
New York State uses a “No-Fault” system under which you can collect from your own insurance carrier for medical and economic damages (under $50,000.00) resulting from injuries sustained in a car accident, regardless of who is at fault. However, the No-Fault law also limits the instances where an accident victim can sue the negligent operator and/or owner of an insured vehicle for personal injuries. The “No-Fault” Law permits a lawsuit to recover damages for such things as:
- Medical and economic losses when they exceed the sum of $50,000.00;
- “Pain and suffering” if the injury is a “serious injury” as defined by the No-Fault Law; or
- Injury resulting in death.
An attorney experienced in this area will be familiar with the intricate timetables and requirements unique to different areas of personal injury law. For example, in cases involving wrongdoing by a governmental agency or municipality, a document called a “Notice of Claim” must be served upon the appropriate entity within 90 days. If this is not done, the injured party cannot maintain a lawsuit for damages. A competent attorney will also provide the professional assistance you need to help you collect the benefits you are entitled to from your “No-Fault” carrier.
NOTE: Have you and your loved ones purchased Underinsured and Uninsured motorist coverage to protect you in the event you are injured in an automobile accident with someone who has low or minimum coverage, or is uninsured altogether? Minimum coverage in New York is only $25,000.00.
If you have been injured at your workplace and are receiving Workers Compensation Benefits, your attorney may still be able to successfully recover money damages from a third party who may have caused or contributed to your injury. For example, an employee may not be limited to Workers Compensation benefits if the injury resulted from equipment that was not properly serviced, maintained or repaired by someone other than the employer. Did you know that you may be entitled to recovery of money damages for the injuries resulting from a fall from a ladder? In fact, injuries resulting from ladders, scaffolding or other apparatus used at the workplace have their own unique rules permitting recovery under a wide range of circumstances. This theory is referred to as “strict liability”.
The law firm of Haber & Haber, LLP is fully equipped to provide the legal expertise and professional guidance needed to successfully prosecute a claim in all types of personal injury cases.