Many accidents do not result in death, but the victims that survive might suffer various injuries. Treating these injuries can take a toll on your finances and affect your ability to perform daily activities. You have a right to recover full compensation, but the process isn’t always smooth.

Car accidents result in back injuries because of the high-collision impact. But you will be required to prove that this back injury resulted from the accident. This is never easy, but a law firm handling personal injury in the Bronx can help. Your New York PI lawyer can ensure that you do not suffer because of another person’s negligence.

Does Getting Immediate Medical Attention Help in Proving an Injury Claim?

The opinion of the doctor treating you is critical to your back injury claim process. It is critical that you go to the hospital immediately after the accident or within 72 hours to ascertain that you did not develop the injuries from a separate incident thereafter.

Even when you feel no pain whatsoever, remember that some injuries take time to show symptoms – or your nerves could be temporarily numb due to the adrenaline and shock from the accident. Notably, soft tissue injuries, herniated disc, or spinal injuries do not exhibit pain until days or weeks later.

Medical examinations reveal injuries that have no physical symptoms and will relate them to the accident. When you get to the hospital, the physician will:

• Check your muscle strength and range of motion
• Document your symptoms, if any
• Order comprehensive diagnostic imaging tests like MRI scans, CT scans, nerve studies, and X-rays

Thereafter, the doctor can conclude on the kind of injury the victim suffered on their back. It could be:

• Spinal cord damage
• Pinched nerves
• Fractured vertebrae
• Bulging, herniated, and slipped discs
• Lower back strain
• Broken backbones

If the accident happened at work, it is advisable to check your employer’s workers’ compensation policy. Some employers have a preferred provider organization (PPO) that has to do the medical examination. But if they don’t, you are at liberty to choose your own workers’ comp doctor.

What Happens If I had a Pre-Existing Back Condition Before the Accident?

The at-fault’s driver is always looking for ways to avoid compensating you for your injuries. And if they find out that you had a pre-existing back condition, they might claim that the pain you are feeling resulted from the previous injuries. But a Bronx neck and back injury attorney can help you get compensation for the new injuries sustained in the accident.

You have to convince the judge that the pre-existing back injury was of a particular type and severity, and the accident changed its nature and intensity. The victim could say that they previously soothed their back pain with over-the-counter painkillers. But after the accident, they can’t do without weekly chiropractor visits and prescription painkillers.

Pre-accident medical records are also essential pieces of evidence and can refute the defendant’s allegations. For instance, they could argue that your advanced age caused disk regeneration, and it’s the reason you developed lower back pain. However, if you have been on treatment for a work injury, MRI images from weeks ago could indicate that you had no herniation before the accident.

How Important is it to Match Up the Accident with the Injuries?

The severity of your back pain needs to match up with the seriousness of the accident. Note that, the insurance adjuster might visit the accident scene in search of a mismatch between the two, which they can use to deny you compensation.

It is essential that you get evidence that can prove to the court that the type of accident you were involved in is proportional to the injuries sustained. While a copy of the police report can help, remember that they can sometimes forget to capture certain details that would be integral to the success of your personal injury case.

So, if you can take the photos, take witnesses’ contacts, or get the video footage, the better it will be for your case. But if you are unable to – probably because of the intensity of your injuries – consider asking a Bronx neck and back injury attorney to do so on your behalf as soon as possible. The legal expert will also bring along an accident reconstructionist to help piece up a strong case.

Are there Barriers to Filing a Personal Injury Lawsuit in New York?

This is a fact that is little known to most New York State residents. Every victim needs to know that being injured in a motor vehicle accident does not automatically warrant a personal injury lawsuit. According to the No-Fault Law, everyone involved in a car accident is entitled to no-fault insurance benefits.

But if you want to bring a personal injury lawsuit, the “serious injury” threshold must be met. The types of injuries that qualify include:

• Loss of a fetus
• A fracture
• A significant disfigurement
• Dismemberment
• Death
• Permanent injury – loss of a body system or function, member, or organ
• Permanent consequential limitation of use of a body member or organ
• A significant limitation of use of a body system or function
• A non-permanent impairment or injury limiting the victim’s ability to do their daily activities for a minimum of 90 days, within the first 180 days since the accident

If your back injuries hindered you from performing the significant activities that you used to do every day, a Bronx neck and back injury attorney could help you file a personal injury lawsuit in New York. You just need to put together the medical records that can prove these facts, and embark on a journey towards receiving full compensation.

A Client-Focused Law Firm Striving to Recover Clients’ Deserving Compensation

Legal matters can be overwhelming, especially when your body needs extra care. You need a lawyer who will ease the financial pressure on you. At the Law Offices of Thomas Lavin, we understand that clients are already financially drained; thus, we do not ask them to pay any fees until we win the case.

We offer legal representation in the Bronx, Brooklyn, Queens, Manhattan, Staten Island, New York City, and throughout New York State. Let us fight for your compensation. Call us at 718-306-9162 to start your journey towards physical and financial recovery.

Let’s say you’re in a grocery store, a restaurant, or a department store. You slip and fall on a sticky or wet floor, and you are seriously injured. To prove that you were injured because of negligence, and to be compensated, you’ll need the help of a NY premises liability lawyer.

In New York, the law requires property owners to maintain properties in a manner that reduces (or if possible eliminates) risks to visitors. Should properties not be maintained appropriately, owners may be liable for accidents and injuries that happen on their properties.

How is “premises liability” defined? What steps should you take if you’ve been injured on private property because the property owner or manager was negligent? How can you be compensated after such an injury?

If you’ll keep reading, these questions will be answered, and you’ll also learn how a premises liability attorney will recover the compensation you are entitled to if you’re injured by a property owner’s negligence in New York.

What is Premises Liability?

Premises liability is a property owner’s liability for hazardous property conditions that include safety code violations; accumulations of ice, snow, or liquids; broken windows or locks; and other hazards posing risks to visitors, clients, customers, or tenants.

Thousands are injured every year in the U.S. by tripping or slipping and falling on private property. The causes of serious slip-and-fall injuries include dangerous staircases, slick floors, broken tiles, poor lighting, curled or worn-out carpeting, and potholes in parking areas.

Injuries are also caused by runaway shopping carts, retail displays that tip over, and merchandise falling from high shelves. Private property owners may be liable for injuries in elevators or on escalators, food poisoning, dog bites, bed bugs, and a number of other health and safety hazards.

If You’re Injured By Negligence on Private Property, What Are Your Rights?

If you’re injured on private property in New York because a property owner was negligent, the law entitles you to compensation for injury-related medical costs, lost earnings, pain, and suffering, and related losses.

However, to acquire your compensation, you and your attorney may have to show how the owner of the property was negligent in a way that directly caused your accident and injury.

Anyone who is injured because a property owner was negligent will need the sound legal advice and aggressive, effective representation that the right New York premises liability attorney will provide.

If you are injured in an accident on private property, seek medical attention immediately, and then schedule a consultation with a premises liability attorney who will discuss your legal rights, your options, and how the law applies to your own case.

What is Required If You File a Premises Liability Claim?

Succeeding with a premises liability claim requires the victim and his or her lawyer to prove each one of these charges:

1. The defendant (the property owner) owed the plaintiff (the injury victim) a duty of care.
2. The defendant’s negligence constituted a breach of that duty.
3. The defendant’s negligence directly caused the plaintiff’s injury.

You must actually be injured in order to bring a premises liability claim. If you slip and fall because someone spilled juice at the supermarket, but you’re not hurt and you walk away, while the store breached the duty of care that it owes you, if there’s no injury, you have no case.

What Should Property Owners Know About Their Duties?

The duty owed to others depends on several factors. Homeowners, for example, are required only to keep their premises reasonably safe, to warn visitors about known and potential hazards, and to avoid creating risks for visitors.

Retailers and others doing business with the general public must take reasonable steps to protect visitors from potential risks and injuries. You can warn visitors to your home about the cracks in your sidewalk, but when a sidewalk is part of your business, it must be fixed as soon as possible.

If you suffer an injury on another party’s property, whether it’s a business or a residence, you should be able to say exactly why you were visiting when you were injured. Listed below are only several of many possible examples that would constitute a breach of the duty of care:

1.  not locking a pool area to keep toddlers out
2. not warning guests that you have an aggressive dog
3. not quickly cleaning up spilled liquid on a supermarket’s floor
4. not keeping areas accessible to the public reasonably free of debris and other risks

What Must Be Considered in Premises Liability Cases?

Listed below are the questions that are usually asked – and that usually must be answered – in most premises liability cases:

1.  Should the property owner have known about the hazard?
2.  Does the property owner conduct regular maintenance of the premises?
3.  If so, is there documentation of this maintenance?
4. Could some warning or action have prevented the accident and injury?
5. Was broken lighting or insufficient lighting a factor?

Sometimes the exact nature of a property owner’s negligence isn’t easy to identify or determine. That’s why, if you are injured on private property anywhere in or near New York City, you must contact a Bronx premises liability lawyer as soon as you’ve been treated by a medical provider.

What If You’re Injured at Work?

Generally speaking, employers cannot be sued for injuries that happen on the job. In New York, injuries at work are almost always covered by workers’ compensation, so a workers’ comp claim – rather than a premises liability claim – is usually the legal remedy for work-related injuries.

However, if a third party played any part in the accident that caused your injury at work – a client, a contractor, or an equipment manufacturer, for example – you may have grounds to file a personal injury claim against that third party.

What Else Should You Know About Premises Liability?

Your attorney needs to examine the evidence while it’s fresh and speak to the witnesses before their memories fade. If you have been injured by a property owner’s negligence in New York, compensation is your right, but you must make the call to a premises liability lawyer at once.

If you and your attorney proceed with a premises liability claim, you will owe your attorney nothing unless and until that attorney recovers your compensation with an out-of-court settlement or a jury verdict.

Your first consultation with a New York premises liability attorney is offered without cost or obligation. Make the call and take advantage of the opportunity to learn how the law applies to your own case and to receive the personalized legal advice you will need.

Accidents can happen in any workplace, including a construction site – a falling object can hit you, or you could slip and fall. When this happens, you might be worried that you will become incapable of performing your work duties and be unable to do the things you love.

But what worries most victims of workplace injuries is how they can get treatment, which doctors they can visit, and who will eventually pay for the medical bills. The correct answer depends entirely on the specific patient’s situation. Consulting a Bronx personal injury lawyer is the first step towards making the right decisions.

Which Doctors Can Attend to Me After a Construction Accident?

Your regular doctor can attend to you if your employer’s insurance company doesn’t have a Preferred Provider Network. These are doctors that have entered into a contract with the insurance company, and the insurer has agreed to cover payments only through them. A Bronx construction injury lawyer can help you determine if your employer’s insurance has a Preferred Provider Network.

There is nothing to worry about if your employer’s insurer is among the few that deal with Preferred Network Providers. The requirement is that you see one of their preferred doctors within 30 days of your construction accident. After the period expires, you will be at liberty to visit any other doctor of your choice. You may have an advantage if your regular doctor is among the list of doctors approved by your employer’s insurance company.

What Should I Do Before an Independent Medical Exam?

You risk losing your workers’ compensation benefits if you refuse the insurance company’s request for an independent medical test. As unfair as it sounds, the insurance gets to pick the doctor that carries out the medical examination. The best way to prepare for it is by thinking about the possible questions that the doctor is likely to ask.

Victims of construction accidents should be as honest as possible while answering questions asked by the medical personnel. Consider tagging along with a friend or a family member to your Independent Medical Exam (IME) to act as a witness. They may not be allowed to speak, but they can take notes. You can write the notes yourself as soon as possible; while your memory is still fresh.

What Happens Before an IME?

Before the scheduled exam, the insurance company would have sent copies of your medical records to the doctor. They will also attach a cover letter informing the medic that they want to know more about your health condition.

Sometimes, the information the insurance company has might be incorrect. It is critical to get a copy of the letter to confirm the information they have about you and correct mistakes if any. Simply write a request letter, and don’t forget to forward a copy to the state’s workers’ compensation board.

Is My IME Confidential?

Every little thing you do or say during the independent medical exam is reported to the insurance company. And the observation begins even before you enter the doctor’s office. They watch out for people that may hop easily from the car and walk briskly into the premises – only to groan and limp when they get to the waiting room.

Insurance companies are constantly looking for things to use against you and your construction injury case. Many people make the mistake of not talking about pre-existing conditions, thinking that it hinders getting compensation. Simply explain to the doctor how the new injury has affected you differently, and a Bronx construction injury lawyer will do the rest.

How Essential Is It To Tell the Truth During the IME?

Insurance companies sometimes go to the extent of putting victims under surveillance. They may present videos of you bending, lifting, or driving if you had lied about your inability to perform those activities. And the consequences might be you losing out on all your compensation.

Victims of construction accidents have a responsibility of telling the doctor all the details about:

• How the injury is affecting their daily living activities
• Their mobility struggles.
• Their pain management.

Notably, some details might be embarrassing, but you should speak out if it affects the quality of your life. For instance, victims can have trouble making it to the bathroom on time or have difficulties dressing themselves up after suffering the injuries.

What Should I Look Out for in an Own Doctor?

After 30 days, insurers with Preferred Network Provider allow you to find another doctor – without the risk of losing compensation. The right medical personnel is critical to your recovery. Employees injured at work need to consider doctors whose specialization is in treating injured workers.

Depending on your injuries, you can consider a physical therapist, psychologist, chiropractor, physiatrist, pain management doctor, neurologist, or orthopedic surgeon. Some of the aspects to consider in picking a workers’ compensation doctor are:

• Authorization of the NYS Workers’ Compensation Board
• The length of time they have practiced in the medical field
• Recommendations from colleagues, friends, or family
• Excellent patients’ reviews
• Experiences in dealing with workers’ comp patients

What if the Employer Does Not Have Insurance?

Whether or not your employer has insurance, they have a legal responsibility to cater for you if you are injured at work. The sole difference is that you will have to file a personal injury lawsuit against them, and a Bronx construction injury lawyer can help.

It is essential to follow the same steps you would follow for a workers’ comp injury. For instance, seek medical attention from your own doctor and keep all your medical and non-medical records. Afterward, your Bronx accident attorney can put together all the necessary documents and assist you in pursuing damages.

An Accident Law Firm Striving to Recover the Compensation You Deserve

Workplace accident victims do not have to figure out everything on their own. You are already dealing with trauma from the accident, and it is better to work closely with a NY personal injury attorney that has been practicing for more than three decades.

If you are in New York, you don’t have to be afraid of medical bills piling up or struggle with the legal aspects of your injuries.

Dial (718) 306-9162 today and talk to our experienced construction accident lawyer in the Bronx.

If you’re injured at your job, and you’re not able to work, what benefits are available? Are there options other than workers’ compensation? Will you be able to file a lawsuit? After treatment by a doctor for a job-related injury, you should contact a New York workplace injury lawyer at once.

You are about to read a brief discussion regarding injuries on the job and your options for recovering compensation after a job-related injury in New York. You will learn when you can – and when you can’t – bring a personal injury lawsuit arising from a work-related injury.

Construction is the most dangerous way to make a living in New York. In fact, in New York City alone, from January 2015 through December 2019, 59 construction workers were killed and another 3,045 were injured in New York City construction accidents.

Who’s at Risk for Workplace Injuries?

The complexities in construction injury cases can seem endless. New York’s construction industry is governed by a patchwork of local, state, and federal statutes. Injured construction workers will need the services of an attorney who knows the construction industry and the law.

But no line of work is risk-free. About three million job-related illnesses and injuries are reported in the United States each year, and anyone who is working could be suddenly, seriously injured.

Injuries at work are sometimes catastrophic. The most severe injuries – spinal cord and brain injuries, for instance – may mean permanent disability and medical care for life. Of course, even less severe injuries can prevent you from working – for far too long.

What Does Workers’ Compensation Provide?

Workers’ compensation provides benefits to a worker who becomes ill or injured at the job or because of the job. Employers purchase workers’ comp insurance coverage for employees, while the New York State Workers’ Compensation Board maintains and governs the system.

If you are injured at work, even before you file for workers’ compensation benefits, seek legal advice from a Bronx personal injury lawyer. There are several reasons why workers’ comp might be denied to you, but workers’ comp is not necessarily your only option for compensation.

In fact, if a job-related injury is severe or disabling, workers’ comp will not be adequate to cover all of your medical costs, lost wages, and personal pain and suffering. Catastrophic injury costs pile up rapidly, especially if you are disabled or recovering and not currently earning income.

How Will a Workplace Injury Attorney Help You?

When an injury victim needs multiple surgeries and years of care, workplace injury attorneys can sometimes help victims recover additional compensation beyond the workers’ comp system. The right lawyer will work aggressively to recover the maximum available amount.

Consulting a personal injury lawyer from the very beginning is the wisest step to take after a job-related injury. Your personal injury attorney can determine whether you are eligible for workers’ compensation and whether you have legal grounds for seeking compensation with a personal injury lawsuit.

If a third party has any role in a job-related accident that injures you, compensation may be available through a third-party personal injury lawsuit. For example, let’s say you are delivering auto parts, and a negligent driver injures you in a traffic accident while you’re on the job.

If this happens to you, you will probably qualify for workers’ comp benefits, and you may also file a personal injury lawsuit against the negligent driver. In job-related accidents, a third party is any party other than your employer who has a share of the responsibility for your injury.

When Can You Bring a Lawsuit After a Workplace Injury?

Employees injured on the job in New York may also pursue personal injury lawsuits in these circumstances:

1. Any employee who is injured using a defective or faulty product while working may file a product liability lawsuit against the product’s manufacturer.
2. Any employee who is injured by exposure to a toxic substance may file a toxic tort claim against the substance’s manufacturer.
3. Any employee injured by an employer’s malicious, intentional action may bring an injury lawsuit against the employer and outside of the workers’ compensation system. Such cases are extremely rare because the employer’s actions must be exceedingly egregious.
4. Every New York employer must provide workers’ compensation coverage. If you are injured while working for an employer who has not complied with the requirement, you can probably proceed with a personal injury lawsuit against the employer.

Is a Third Party Liable for Your Workplace Injury?

Workers’ comp in New York does not compensate injured workers for personal pain and suffering. It does not provide punitive damages, nor does it hold employers responsible for workplace hazards. If you’ve been hurt on the job, you need to know if a third party has liability.

That’s another reason why you need a good injury lawyer’s advice and guidance from the start. A lawsuit provides more than a workers’ comp claim, but with a lawsuit, you’ll have to prove a third party had liability or that your employer was non-compliant or exceedingly negligent.

Third-party wrongful death claims are available to families who lose a loved one in a job-related accident. If a family member dies as the result of a workplace accident, you may be able to sue a third party for wrongful death in addition to the death benefits provided by worker’s comp.

If You Can’t Work, How Can You Afford a Lawyer’s Help?

After a work-related accident, your first meeting with a personal injury lawyer in the Bronx is offered with no cost or obligation. You will get help with and advice about your workers’ comp claim, and your lawyer will determine if you can pursue a third-party personal injury lawsuit.

If you move forward with a third-party personal injury lawsuit, you pay no lawyer’s fee unless and until you are compensated with a negotiated private settlement or with a trial jury’s verdict.

New York’s statute of limitations for most personal injury cases – the amount of time an injury victim has to take legal action – is three years. The deadline for families filing wrongful death claims is two years, although several narrow legal exceptions may extend these deadlines.

Do not wait two or three years to see a lawyer. Your lawyer should see the evidence while it’s fresh and speak to witnesses before their memories fade. After you’ve been treated for work-related injuries, schedule a legal consultation promptly with a Bronx workplace injury lawyer.

Losing a loved one unexpectedly can be heartbreaking and painful. It may even be more emotionally distressing if such a loss was due to another’s negligent or criminal act. While no amount of money can offer emotional healing after losing a loved one, it can provide justice and monetary assistance to relieve any financial burdens.

For a personal injury case in New York to qualify as a wrongful death lawsuit, one needs to prove certain elements and provide evidence to support the case. This process can be overwhelming and tough to handle by yourself. You may need an experienced and dedicated Bronx Personal Injury Law Firm to secure fair compensation in your New York wrongful death lawsuit.

What Do New York Wrongful Death Laws Say?

New York’s wrongful death laws give direction on how such cases can be started and conducted. According to these laws, relatives of the deceased can file a wrongful death lawsuit, including:

• Parents
• Children
• Spouses
• Personal representative for the deceased’s estate

The laws are rather complicated in New York than in other states. For you to bring a wrongful death action in New York, you must have been financially dependent on the loved one who is now deceased.

What Are the Elements Required to Prove a Wrongful Death Claim?

New York law sets forth elements of wrongful death. When filing for wrongful death in New York, a family member has a cause of action if the following requirements are met:

• A person must have passed away
• The death must have occurred due to the negligence of another or provable wrongful conduct
• The negligent party’s conduct could have resulted in a personal injury or similar lawsuit and could have resulted in recovered damages – if the victim had survived
• One or more survivors or relatives of the victim has suffered damages due to the death

This last requirement needs the surviving family member to have a reason for bringing wrongful death. These reasons may be:

• Loss of companionship
• Emotional pain and suffering
• Loss of income if the deceased was the provider

Perhaps a more concise and concrete way of understanding the elements of a wrongful death claim is that they mirror those of traditional personal injury claims which include proving that the offender owed the decedent a duty of care. And that the defendant breached this duty of care by acting negligently or participating in a wrongful act. That this breach of duty of care was a direct cause of the death, and there are damages the surviving family or estate has suffered due to the death.

What Evidence Do I Need to Prove Wrongful Death?

The most challenging aspect of a wrongful death action and the most difficult element to prove is showing that the death would not have occurred if it wasn’t for the defendant’s negligent or wrongful act.

To prove the four elements of wrongful death, you must submit different types of supporting evidence. Some evidence types that can help show negligence and causation of damages include:

• Medical reports
• Police reports
• Expert opinions
• Pictures of the accident scene
• Records and logs like product testing logs
• Eyewitness statements
• Video footage showing the accident

When trying to prove damages, you could use evidence like medical bills, tax or financial statements, and personal statement. Your Bronx wrongful death attorney will help you determine which type of evidence can be used depending on your case.

What Type of Accidents Could Result in Wrongful Death in New York?

Many accidents could be avoided if we were more careful. Notably, it’s crucial to figure out what caused your loved one’s death because not every accident is due to negligence. For instance, your loved one might have been involved in a slip and fall accident in a shopping mall. If there wasn’t anything wrong with the floor, you might not be able to sue.

But if your loved one died in a slip and fall accident in the mall due to a loose tile, you may be able to bring a wrongful death claim or suit if there’s evidence of negligence on the responsible party’s part.

Some everyday events that can lead to wrongful death lawsuits include:

• Motor vehicle collisions or drunk driving
• Bicycle accidents
• Medical malpractice
• Trip, slip, and fall accidents
• Manslaughter, or murder
• Construction and workplace incidences
• Premises liability incidences
• Nursing home abuse
• Manufacturing a defective product

What Are the Possible Compensatory Damages in a Wrongful Death Lawsuit?

Damages you and your family may be entitled to in a wrongful death claim can vary based on your case’s unique nature and facts.

However, the full range of these damages include:

• Loss of future income and financial support
• Funeral expenses
• Medical expenses incurred when the deceased was receiving care
• Loss of companionship, particularly for the spouse
• Loss of inheritance
• Pain and suffering the deceased may have suffered before death

You may receive additional types of damages depending on your case.

What Is the Deadline for Filing a Wrongful Death Lawsuit in NY?

New York has a statute of limitations which dictates the period families have before the filing duration expires. In New York, you have two years to bring forth a wrongful death claim. Failing to file within two years of your loved one’s death will bar you from any form of recovery. Get in touch with your New York wrongful death lawyer immediately to avoid being locked out.

Legal Advice from a Compassionate Attorney in The Bronx

Proving a wrongful death in New York can be daunting for a number of reasons. When still grieving over the loss of a loved one, filing for such a claim can feel overwhelming, or even unnecessary. Nevertheless, you deserve and are entitled to substantial money damages.

If you’re not sure you have the right to bring a lawsuit, consult a wrongful death attorney in the Bronx for legal advice. A skilled lawyer will walk you through the filing process, help build your case, and fight for your damages. We are ready to listen to you and walk you every step of the way. Talk to us today on 718-829-7400.