Law Offices of Stuart M. Kerner, P.C.

Many times Trip and fall accidents are caused by broken, cracked or raised sidewalks, walkways or driveways. You can also trip due to broken stairs or steps. Many trip & fall accidents happen in parking lots that have broken or cracked asphalt and missing or broken lighting. If your accident was due to a trip and fall you should try and get photos of the dangerous or defective condition.

When you hire a personal injury attorney to represent you in a construction accident case the attorney is hired on a Contingent Retainer. This means the attorney only gets paid if he recovers a settlement or jury verdict for the client’s injuries. This retainer in New York is Thirty-Three and One-Third (33 1/3%) percent.

If you are injured by a defective tool or a specific piece of manufacturing equipment while in the course of your employment, you will have a Worker’s Compensation claim that will entitle you to lost wages, medical insurance coverage and other benefits. Even if you were not working at the time of the accident, you also may have a product’s liability claim. When a product has an unexpected defect or is inherently dangerous, the product cannot be said to meet the ordinary expectations of the consumer and negligence, strict liability or breach of warranty may have occurred.

In New York, a lawsuit for a personal injury accident against private non municipal entities, including accidents that occur on construction sites will have to be filed within three years of the date of the accident. If your accident was caused by the negligence of a municipality or its agencies then the time period is much shorter and Notices of Claims would have to be filed as well.

If you are injured in a store due to a dangerous or defective condition and the store owner was negligent in the ownership, maintenance, repair, operation or control of the store or premises then a personal injury lawsuit can be brought against the store, its owner and possibly the property owner.

Many issues are reviewed to see if you may have a valid personal injury claim. Issues include who is actually at fault for the accident; was negligence committed by a someone or by a corporation; because of that negligence were you injured or seriously. It is usually clear who is at fault for a car accident but a building accident may take more investigation. We have to look at if there was a defective condition and if the owner had prior notice of that condition or should have known the condition existed and failed to make the necessary repairs.

In the City of New York, if your trip & fall sidewalk accident occurred in front of a multiple dwelling ( 3 or more apartments) or in front of a private commercial property, the property owner and/or the commercial property tenant will be responsible for maintaining and repairing the sidewalk.

If you had a slip and fall account and if you are able to it would be very helpful to take photos of the dangerous and defective condition that caused you to slip and fall. You should also take photos of any visible bruising or injury you sustained. Any information that you have on the property owner, store owner of building owner would be helpful as well.

In New York, a lawsuit for a personal injury accident against private non municipal entities, including slip and fall accidents  will have to be filed within three years of the date of the accident. If your accident was caused by the negligence of a municipality or its agencies then the time period is much shorter and Notices of Claims would have to be filed as well.

Many times Slip and fall accidents are caused by spills, garbage, debris or accumulation of rain water that has not been cleaned up by the super or store owner in a certain amount of time. If your accident was due to a slip and fall you should try and get photos of the dangerous or defective condition.

If you were not injured in a car accident and you only have a property damage claim that was caused by another vehicle, in most cases you do not have to hire an attorney. The insurance company for the other vehicle usually sets up the inspection of the damaged vehicle and will negotiate a settlement with the collision shop or with you. There are times that a lawyer may be required if there is a dispute between you and the insurance company.

If you or a loved one are injured in a car accident you should definitely seek to hire an experienced attorney who handles car accident cases. Many insurance forms, like No Fault forms, have to be filed in a very short time period. Also, the insurance company has experienced attorneys on their side and you will need someone who knows how to deal with insurance companies and fight for all of the benefits and monetary damages you deserve. An attorney will know the true value of your injury and the compensation you should recover for your damages.

The amount of compensation that you might recover depend on many different elements. What type of injury you have; did you have a broken bone; did you require surgery; did you miss time from work and how long; does your injury require months or years of therapy or treatment. Depending on each person’s injury and circumstances will help to make a determination of what a case may settle for or what a jury might award the injured person at trial.

You can claim personal injury damages, economic/lost wage damages and property damages in an accident case. There are other type of damages that may be claimed depending on the type of accident and injury sustained.

In New York, a lawsuit for a personal injury accident against private non municipal entities, including slip and fall accidents  will have to be filed within three years of the date of the accident. If your accident was caused by the negligence of a municipality or its agencies then the time period is much shorter and Notices of Claims would have to be filed as well. If you have a claim against the City of New York and/or its agencies or departments a lawsuit must be commenced within one year and ninety days from the date of accident.

In New York, every motor vehicle insurance policy has Personal Injury Protection, or “No-Fault” coverage in its policy. New York requires that every car insurance policy has a minimum of $50,000.00 in medical and economic benefits to pay for ambulance bills, hospital bills, doctor treatment bills as well as a certain amount of lost wages. So if you are injured in a car accident, it does not matter who is at fault. The car your in at the time of the accident or the car that struck you if you were a pedestrian, will provide you with No-Fault benefits to help pay for your treatment and other benefits.

If you are injured in an accident you should have a free consultation with a personal injury attorney. Many times the insurance company for the person responsible for your accident will offer you a low, quick settlement to try and get you to avoid going to an attorney. However, you are not aware of all of your rights, benefits and even the potential value of your injury. You would be doing yourself a disservice if you did not have a consultation with an attorney.