Hoffmaier & Hoffmaier Case Mix-Verdict Win – $10.6 Million Verdict in Bronx
Case Summary
Recently, Hoffmaier & Hoffmaier won a case representing a workplace fall victim, and after 4 weeks of trial, 3 hours of trial deliberations, and a jury ruling in favor of our client, our client was awarded a total of $9,228,449.70 in compensation covering damages caused by the incident.
Allegations Made
The case dates back to February 19, 2008, when our client, working at a construction site, tripped and suffered injuries to his back. Our client then sued the premises’ owner, a subcontractor that performed all tasks involving cement on the worksite, and several others associated with the hazard and the resulting injury.
The lawsuit was based on our client’s allegations that the defendants violated New York State Labor Law; he alleged the contractors were negligent in their maintenance of the work site, and the negligence created a dangerous condition that led to our client’s injuries. Our client also claimed that such hazards had been commonplace for months. Our client claimed Labor Laws § 241(6) and §200, which defines general workplace safety requirements.
Injuries & Damages
After the accident, our client visited a clinic, receiving minor treatment. Our client claimed that he sustained herniations of his L4-5 and L5-S1 discs, and that the herniations also caused an indentation of his thecal sac. Subsequent treatments included chiropractic manipulation, physical therapy, pain management, and, in 2009, minimally invasive surgery.
Our client also claimed that he suffered residual pain, preventing him from returning to his job. As such, our client sought:
- Recovery of past and future rehabilitation expenses
- Additional past and future medical expenses
- Past and future lost earnings
- Damages for past and future impairment of earning capacity
- Damages for past and future pain and suffering
Case Results
The result of the case was a mixed verdict. The jury determined that our client’s damages totaled $10.6 million, but our client did share some fault in the accident. The jury ruled:
- One defendant was deemed 70 percent liable for the accident
- Another defendant was deemed 20 percent liable for the accident
- Our client was deemed 10 percent liable for the accident
In the end, our client’s recovery was $9,228,449.70.
Call Hoffmaier & Hoffmaier Today for Your Personal Injury Claim
If you were injured due to the negligence or wrongdoing of another, don’t hesitate and call the NYC personal injury attorneys at Hoffmaier & Hoffmaier today. Experience is what counts in these cases, and we have the experience to give you a thorough, vigorous representation. Call today for a free consultation at (212) 777-9400.
What Happens If My Car Accident Injuries Don’t Appear Immediately?
If you were just in a car accident, and you’re reading this blog post online, you should probably put down your phone, tablet, or computer and see a medical professional ASAP. You may feel fine, or there might be a slight discomfort in your neck, but this doesn’t change the fact that some injuries after a car accident don’t show up right away. Later on, these injuries may become severe, and legal recourse may be unavailable to you at that point.
At Hoffmaier & Hoffmaier, we’ve helped several individuals recover compensation for financial damages caused by a car accident injury, and we can help you too. Nevertheless, it’s important to remember that medical documentation is weighed heavily in New York civil courts, and courts depend on this documentation when proving fault or calculating a fair and reasonable settlement. Also, the first steps that you take after a car accident may affect the compensation you’re entitled to in New York courts.
If you were in an accident, you can contact the NYC car accident attorneys at Hoffmaier & Hoffmaier free of charge. We offer free consultations, so call us today at (212) 777-9400.
Why You Should Seek Medical Attention (Even Though You Feel Okay)
Following a car accident, you may be experiencing a certain rush of adrenaline, and, initially, you may not even notice if you’re hurt. In most cases, after the shock wears off, things like broken bones and other injuries will present themselves. Other types of injuries, such as soft tissue injuries and concussions, might not appear for several days later (or longer in some cases).
Nonetheless, if you feel just a little bit of pain or discomfort, you should seek medical attention right away. Your doctor will be in the best position to determine if you’ve been injured. Additionally, if you’re making an injury claim after the accident, you need to document the fact that you sought medical treatment within a reasonable amount of time.
Soft Tissue Injuries After a Car Accident
Soft tissue injuries are a common type of injury that you might not feel right away; in general, these injuries involve muscles, tendons, ligaments, and other similar parts of the body. The most common type of soft tissue injury, however, is “whiplash,” which is an injury to the neck when the head is forcibly whipped forward and then back again. Soft tissue injuries can take days, or even weeks, to show up, and these types of injuries are not visible on x-rays.
Concussions After a Car Accident
Concussions can be very serious, but the symptoms of a concussion may take some time to manifest themselves. With a more serious injury, the symptoms of a concussion can be fairly obvious, manifesting as a loss of consciousness or severe disorientation. In other cases, however, the concussion might not show up right away.
If you’re unsure whether you had a concussion in a car accident, look out for symptoms such as:
- An inability to concentrate
- Cloudy thinking
- Disorientation
- Difficulties remembering new information
- Nausea
- Dizziness
- Abnormal sleeping patterns, such as sleeping too little or sleeping too much
- Headaches
- Blurry vision
First Steps After a Personal Injury Accident
Following an accident, you should seek medical attention immediately, even if the accident involved minor pain, discomfort, dizziness, or numbness. Not only is getting medical attention good for your health, but it can also strengthen a personal injury claim later on. In general, if the insurance company sees that you didn’t seek medical attention immediately, it might assume that you weren’t hurt enough to justify a personal injury claim. Furthermore, if the insurer knows that you went directly to the hospital after the accident, then it is likely that nothing else could have caused your injuries.
Call the NYC Car Accident Attorneys at Hoffmaier & Hoffmaier
In conclusion, when you’re involved in a car accident, if you have the slightest discomfort or pain, or you just feel that something isn’t right, you should get yourself checked out by a doctor. After seeking medical care, you can call the NYC car accident attorneys at Hoffmaier & Hoffmaier. We offer free consultations, and by calling our attorneys, we’ll examine your case, build up evidence, and vigorously litigate both in and out of the courtroom. To speak with our attorneys about your car accident and injuries, call our Manhattan-based law firm today at (212) 777-9400.
Who is At Fault For Ice-Related Slips and Falls?
It’s the middle of winter in NYC, and despite the warmer weather these winter months, ice patches are bound to pop up. On the particularly colder mornings, seeing someone slip and fall on ice is a fairly normal occurrence. However, when an individual slips on ice and is seriously injured, someone may be liable for the injuries that the victim sustained. In this blog post, our NYC slip and fall attorneys will discuss some of the legal issues, and the possibility of a lawsuit, regarding ice-related slips and falls.
In the meantime, if you were injured in a slip and fall accident, you may be able to seek compensation for the financial expenses associated with your injury, such as medical expenses, rehabilitation, loss of income from work, and more. For a free, no-obligation consultation with the NYC slip and fall attorneys at Hoffmaier & Hoffmaier, call our Manhattan law firm today at (212) 777-9400.
Ice-Related Slip and Fall Lawsuits (Reasonable Duty of Care)
There is one major problem with ice-related slip and fall cases during NYC’s winter months. In short, the city and private business owners may throw salt or sand on icy areas, but after a storm or a very cold night, New Yorkers can reasonably expect natural snow and ice accumulation throughout the city. This reasonable expectation often shuts down a personal injury immediately.
The conditions after a storm or very cold weather are obvious to the public, but private property owners and government agencies still have a duty to take care of their premises to minimize the possibility of a fall. A property owner may be negligent in an ice-related slip and fall case when, for example, numerous people slipped on a chunk of ice outside of a building; seeing all those people fall, a reasonable property owner would take action to eliminate the hazard. If the owner doesn’t eliminate the hazard in this specific situation, and another person comes along, slips, and is injured, then that person may have a lawsuit regarding the gross negligence of the property owner.
As always, New York does follow a general “natural accumulation” idea, which says that if there is a natural accumulation of snow and ice, then the property owner might not be liable for the injuries you sustained.
Governmental Immunity in Ice-Related Slip and Fall Cases
You may be successful when filing an ice-related slip and fall lawsuit against a private property owner; however, winning a lawsuit against a public or governmental defendant may be much more difficult. This is because there are some legal immunities for public properties when the hazard was caused by natural conditions. Keep in mind that this immunity is not absolute, but it would take a gross situation to overcome it.
What You May Recover in a Successful Lawsuit
If you are successful in your slip and fall lawsuit, you may be able to recover damages that are associated with your injuries. As such, you may be able to recover medical expenses by suing the property owner or even the contractor who was tasked with removing the snow or ice. If your injuries caused you to miss work, you may also be able to ask for compensation for lost wages; for serious injuries that impact your future career, you can also ask for future earning capacity. Lastly, you may be able to ask for compensation that covers the pain and suffering you had to endure due to the injury.
Call the Attorneys at Hoffmaier & Hoffmaier Today
When injured in an ice-related slip and fall case, it’s essential to remember that you’ll need a very experienced attorney who not only understands the intricacies of New York personal injury law, but who also can successfully litigate against natural accumulation rules. Remember, ice-related slip and falls can be difficult, especially in the winter months, but this shouldn’t discourage you. If you were injured, you can get a free consultation to see if you have a case. For your free consultation with our experienced NYC slip and fall attorneys, call our Manhattan law office today at (212) 777-9400.
How Can I Prove Fault In A Slip and Fall Accident?
When involved in a slip and fall accident in New York City, you may be wondering: how can I prove that it wasn’t my fault? The truth is, thousands of people are injured every year due to defective stairs, wet floors, defective patches of ground, and more. In some cases, the property owner was negligent in avoiding an obvious hazard; in other cases, the property owner was not at fault for your injuries. As such, if you’ve been injured in a slip and fall, you need to remember that it’s normal for things to fall on the ground, become hazardous, and so forth, and the property owner can’t be running around 24/7 eliminating hazards.
On the other hand, property owners do have a legal obligation to keep their properties safe and carefully maintained. A slip and fall lawsuit occurs when the property owner committed negligence on his property, whereas that negligence and/or wrongdoing led to your injuries.
If you were injured in a slip and fall accident here in New York, the first step is to call the NYC slip and fall attorneys at Hoffmaier & Hoffmaier. Boasting years of experience successfully helping individuals just like you, we will give your case the attention and vigorous litigation strategies that it deserves, and we’ll relentlessly fight to get you full and fair compensation for your injuries. For a free consultation with our law firm, call us today at (212) 777-9400.
How to Determine “Liability” in a Slip and Fall Claim
In order to be successful in your slip and fall lawsuit, one of the most important things you’ll need to prove is the property owner’s liability. Put differently, you’ll need to prove to the courts that the property owner was unreasonably negligent and that his/her negligence led to your current injuries. Generally, one of the following must be true to prove liability:
- The property owner caused the hazard
- The property owner knew about the hazard but did nothing about it
- The property owner should have known about the hazard, as a “reasonable” person would have known about it and repaired or maintained it
A Property Owner’s Reasonableness For Maintaining Property in NYC
In the section above, I mentioned the aspect that a “reasonable” person should have known about a hazard and, therefore, repaired it. However, “reasonable” needs to be defined so that you can have a better idea of what this means. In general, the law defines “reasonableness” on whether the owner made regular and thorough efforts to keep the property safe and clean. You can better uncover whether or not the property owner was reasonable by asking the following questions:
- Did the hazard exist for a long period of time, whereas the property owner should have known about it?
- Does the property owner have a regular procedure for examining his/her property, maintaining it, and repairing any faults?
- Was there a legitimate reason for the hazard to exist?
- Could a simple barrier or warning have prevented the slip or fall?
- Did poor or broken lighting contribute to the accident?
Were You Careless?
Lastly, when considering fault in a slip and fall case, it’s essential to take an objective look at your role in the accident. For personal injury cases, the property owner may make the argument that you were partially to blame for the accident and the injuries you sustained.
If the property owner is successful in his/her arguments, then the total amount of compensation you’re entitled to can be affected. For instance, if you are seeking $10,000 to cover injuries, and the courts found that you were 10% at fault for the injuries, then the maximum you may be able to receive would be $9,000.
Call the Slip and Fall Attorneys at Hoffmaier & Hoffmaier Today
When you’re involved in a slip and fall accident that led to an injury, the first thing you should always do is fully take care of the injuries; remember, some spinal and head injuries may not show up right away, and so it’s always best to get professional medical help. Additionally, you can always benefit by speaking with a personal injury attorney regarding the viability of your case. That’s why our NYC personal injury attorneys accept free consultations. Just give us a call at no cost to you, and we’ll discuss the possibility of a lawsuit that’ll seek compensation for your medical bills, lost income, pain and suffering, and more.
To get your free consultation with Hoffmaier & Hoffmaier, P.C., call our Manhattan-based law firm today at (212) 777-9400.
What Legal Recourse Do I Have If My Injuries Didn’t Show Up Right Away?
After an accident, some injuries may not show up right away. Especially in traumatic car accidents that involve severe impacts, as well as slip and falls that may involve a blow to the head, the actual injuries can show up some time after the accident. In other words, just because you don’t hurt after a car accident, it doesn’t mean you’re not injured. Nevertheless, getting medical attention for your injuries following an accident is a strong piece of evidence when seeking compensation for the financial damages incurred.
If your injuries didn’t show up right away, and you didn’t seek medical attention immediately after the accident, then you still have some legal options. In fact, you can still file and, after successful litigation, win a personal injury lawsuit for injuries that manifested after the accident. However, there are some nuances and standards of New York personal injury law that you should understand in these cases, and it’s critical to acquire the legal help of a professional, experienced, and knowledgeable NYC personal injury attorney.
Injuries That Might Show Up Later
Car accidents, slip and falls, construction accidents, or other type of accidents are generally high-adrenaline affairs, and you may not feel pain in the first minutes after an accident. However, some injuries can take much longer to manifest, and the accident may have been “resolved” before you realized that, actually, you’re seriously hurt. For instance, two types of injuries that may take a while to appear include:
Soft Tissue Injuries That Occur After an Accident — One of the most common forms of “hidden injuries” include soft tissue injuries. Typically, these injuries involve things like torn ligaments and twisted muscles. Perhaps the most common soft tissue injury is whiplash, which refers to an injury in the neck that results when the head is suddenly and forcibly thrown forward and then back. The pain, swelling, and limited mobility of soft tissue injuries may not show up immediately; they can take days, or even weeks, to manifest. Moreover, soft tissue injuries can be difficult to see on an x-ray, which makes them even more difficult to diagnose and document.
Concussions — Another common form of “hidden injury” is a concussion or a brain injury. Following an accident that involves the head, the brain is harmed due to a forceful trauma and impact; symptoms of a brain injury, however, can take days or weeks to start appearing. Some signs to know if you’ve suffered a concussion or a brain injury include:
- Fatigue and a lack of energy
- Sleeping a lot or insomnia
- Headaches
- Inability to concentrate
- Dizziness
- Fuzzy thinking
- Nausea
If you exhibit these symptoms following an accident, you may have a concussion and you should seek medical attention.
The Importance of Seeing a Doctor After an Accident
If you feel any level of pain or discomfort following an accident, it’s a good idea to see a doctor right away. Even if you feel fine, you may want to consider a professional opinion. Not only can your doctor best determine the types of injuries you may have, but your doctor can also give you advice on monitoring the symptoms of potential injuries.
From a personal injury lawsuit and insurance point-of-view, if you were injured in an accident and didn’t seek medical attention right away, it’s critical to document the fact that you did seek medical treatment within a reasonable amount of time. At this time, the other driver’s insurance company may contact you and try to get you to sign a release of any claims you might pursue; the insurance company may even offer a settlement to try and get you to sign the release.
Before signing anything, you need to be fully evaluated by your doctor, and you should wait until all injuries have fully manifested themselves. If you do sign a release and some injuries show up later, you might not be able to go back to the insurance company and ask them to pay for medical treatment.
Call the Personal Injury Attorneys at NYC’s Hoffmaier & Hoffmaier, P.C.
At Hoffmaier & Hoffmaier, we are some of the leading personal injury attorneys in NYC, and if you were injured in an accident, even if the injuries didn’t manifest right away, it’s essential to call our Manhattan personal injury law firm as soon as possible. We offer compassionate, diligent, and professional legal counsel and representation, and we have the resources and in-depth knowledge of New York and federal laws to vigorously fight for your interests. For a free, no-obligation consultation with our personal injury lawyers, call Hoffmaier & Hoffmaier today at (212) 777-9400.
How Do You Prove Fault in a Serious Car Accident?
When in a serious car accident, proving who caused the accident is essential for the insurance companies involved. Generally, the at-fault party’s insurance company is responsible for personal injury damages, such as medical expenses, pain and suffering, and loss of income at work, among other damages. Even if it is clear to all of the parties involved as to who caused the accident, insurance companies rely on more than just word-of-mouth. Often, they will require substantial evidence backing up your story.
An experienced NYC personal injury and car accident attorney should be able to help analyze your claim and guide a comprehensive strategy for gathering supporting documentation. With the New York City attorneys at Hoffmaier & Hoffmaier, you are assured years of experience backed with in-depth understanding of New York laws and insurance processes. If you were in a serious car accident caused by the negligence or reckless behavior of another party, you can start your case by consulting with our attorneys, who will review your claim over a free, no-obligation consultation. To speak with our lawyers, call our Manhattan law firm today at (212) 777-9400.
Understanding New York Car Insurance Laws and Fault
New York’s automobile no-fault laws date back to the 1970s, and it was enacted to make sure that insurance companies pay for legitimate crash-related medical expenses, lost earnings, and incidental costs, regardless of who was actually at-fault for the accident. New York is one of 12 states in the United States to have no-fault car insurance laws; the benefit of no-fault law is that it speeds up the litigation process and offers claimants quicker payments for expenses. A downside of the no-fault law, however, is that it has some restrictions, such as including clauses for pain and suffering in the lawsuit and settlement amount.
No-fault in New York is also designed to pay drivers up to $50,000 for legitimate economic losses, which includes:
- Ambulance and hospital expenses
- Medical expenses and other bills, such as for diagnostic tests
- Prescription drugs
- Physical therapy
- Long-term care, if necessary
- Lost wages
The no-fault insurance laws do not provide for pain and suffering, and some other incidental damages. However, in cases of severe injury or extreme reckless behavior by the other party, you can pursue such claims. If you qualify, you can pursue a separate lawsuit against the other party for causing the crash and your injury.
Filing for No-Fault and Time Constraints for Filing
Unfortunately, even with the no-fault laws in place to protect injured parties and quicken the claims and benefits processes, there are many hurdles that claimants often need to overcome. For instance, insurance companies are known for being strict when reviewing claims, and insurance companies will deny claims if you miss a filing date or a medical appointment, or if you include incorrect information on a form.
The No-Fault Application in New York is form NF-2, though the application is generally provided by the insurance carrier of the at-fault party. In general, you have about 30 days from the date of the accident to file a claim.
Proving Fault in a Serious Car Accident
Despite New York’s comprehensive no-fault laws, it’s still essential to prove fault in a car accident, especially when the other driver acted negligently or recklessly, which caused your injuries. In many circumstances, proving fault can be easy, but you have to take the proper measures, including:
- Obtaining police reports. Make sure to get the police involved following an accident (however, if you are seriously injured, always focus on getting the proper medical attention first). The police will nonetheless create a report about the accident, and the reports will contain essential information and serve as excellent proof regarding liability. Moreover, the police will report traffic tickets and legal wrongdoing.
- Looking at New York vehicle codes. Similar to obtaining police reports, looking at the New York vehicle code can be an essential source of evidence. With the vehicle code, you can find the laws applicable to your accident, putting you in a much better position for negotiating with your insurance company as well as the other driver’s insurance company. Specifically, the vehicle code can apply to rear-end accidents and left-turn collisions, among others.
- Examining and documenting the evidence. You shouldn’t solely rely on personal recollections. Instead, you can examine and document some of the objective evidence available, such as the damage done to your vehicle. If possible, take some photos of the accident scene. Additionally, if there were any witnesses to the accident, ask them to write down descriptions of the accident as well as their contact information.
To put your evidence into perspective, and to give your case a strong negotiating hand, make sure to also contact an experienced New York personal injury attorney.
Comparative Negligence in New York Car Accidents
Often, there are various factors involved in a car accident, and without a legal expert who can put these factors together and aim them toward your goals (e.g. seeking compensation for medical expenses, lost income, pain and suffering, etc.), you may find difficulties getting the compensation you need and deserve. Fortunately, the car accident lawyers at Hoffmaier & Hoffmaier have helped numerous individuals with their car accident claims, and our law office is confident that we can help you too. The first step is to consult a New York accident lawyer to review your claim at no cost to you. For a free, no-obligation consultation, call our NYC personal injury law firm today at (212) 777-9400.
I Was Injured At Work – Is It A Worker’s Comp Case Or Personal Injury
Being injured in an accident at work is a frightening experience, but it is comforting knowing that worker’s comp will help to cover finances while you’re injured or recovering. However, in some cases of workplace injuries, is it better to file for worker’s comp or personal injury?
At Hoffmaier & Hoffmaier, this is a question we receive quite often. There are several differences between worker’s comp and personal injury, and only the circumstances of your injury should influence the decision you make. For instance, one of the biggest differences between worker’s comp and personal injury cases is fault; a personal injury case is based on fault, while a worker’s comp case is not.
If you or a loved one was injured at work, our NYC personal injury attorneys are standing by. We offer experienced, vigorous legal representation and guidance in personal injury cases. For a free consultation, call our Manhattan law office today (212) 777-9400.
Fault in a Personal Injury Case
A personal injury case in New York is based on fault. In order to win a personal injury case, the injured party needs to prove (with evidence) that his/her injuries were directly caused by the wrongdoing, unlawful action, or negligence of another party, which includes individuals, companies, or other entities. A good example is a slip and fall case; just because you fell on another’s property doesn’t mean that the property owner was negligent.
Some situations when you may be able to sue because of your injuries:
- You were injured by a defective product
- You were injured by a toxic substance
- You were injured because of your employer’s intentional or outlandishly negligent conduct
- Your employer does not carry worker’s compensation insurance
- If a third party caused your accident
No Fault in a Worker’s Comp Case
For the most part, you don’t need to prove fault in a worker’s compensation case. In New York, if an employee is injured in the workplace (that has worker’s comp coverage), that employee is entitled to worker’s comp benefits. You do not need to prove that your co-workers or employers did anything wrong. Except in very limited cases, you are still entitled to worker’s comp even if you were negligent (and that negligence caused your injury).
Damages in Personal Injury vs. Worker’s Comp
If there was fault, and you want to hold the responsible party accountable to his/her actions, then a personal injury lawsuit may be the better option. However, keep in mind that a personal injury case occurs in New York civil courts, and the process can take much longer. There is an advantage to this, nonetheless. For example, in a worker’s compensation case, the injured person cannot claim damages for pain and suffering. In a personal injury case, the injured person can claim compensation for all damages, including:
- Lost earnings
- Future lost earning capacity
- Medical bills
- Future medical expenses
- Permanent impairment
- Pain and suffering
- Loss of enjoyment of life
Compensation for damages in a worker’s comp claim can include weekly compensation, permanent impairment benefits, medical bills, and vocational rehabilitation.
Call Hoffmaier & Hoffmaier in NYC Today
For most workplace injuries, worker’s compensation may be the more efficient (and more secure) way of obtaining compensation for injury-related damages. However, in severe cases where the injury was caused by another party, you may want to consider the benefits of a personal injury lawsuit.
If you’re planning on pursuing a lawsuit, then you need the leading NYC personal injury attorneys at your side. At Hoffmaier & Hoffmaier in Manhattan, we boast years of experience representing clients who were severely injured. For a free, no-obligation consultation with our attorneys, call our NYC personal injury law office at (212) 777-9400.
How to File a Personal Injury Lawsuit in NYC
If you’ve been injured in an accident, whether a car or motorcycle accident, a slip and fall, or another accident, you may be entitled to compensation for damages incurred. Often, the damages include medical expenses, physical therapy expenses, loss of income from work, loss of future earning capacity, and, in some cases, pain and suffering. Especially when the injury was caused by the negligence or wrongdoing of another, you shouldn’t have to bear the weight of these expenses yourself.
To recover these expenses and hold the responsible party (an individual or company) accountable for their actions, you can start by calling a Manhattan personal injury lawyer to file a lawsuit. With the attorneys at Hoffmaier & Hoffmaier, P.C., we’ll work with you every step of the way, providing expert legal counsel and representation throughout the duration of your case. For a free consultation, call our NYC personal injury law office today at (212) 777-9400.
Statute of Limitations in New York
Following an accident, the first and most important matter is to receive the medical help you need to get better. However, there is a time limit to filing a personal injury lawsuit. In New York, the statute of limitations for a personal injury lawsuit is three years from the date of the injury.
However, if you’re filing a claim against the New York government, you have more stringent time limits. For example, you have 90 days to file a formal civil claim against a city in New York, and one year to file a lawsuit against a city (N.Y. Gen. Mun. Laws § 50-e).
First Steps in an NYC Personal Injury Lawsuit
As mentioned above, the first step after an injury is to look after your health and acquire the required medical help. If you have already recovered, some of the initial steps for filing a personal injury lawsuit in NYC should include:
- Contact an experienced and knowledgeable personal injury lawyer
- Collect evidence that can point to who caused the accident
- Write down everything that happened after the accident, including medical bills, hospital visits, any lost work or wages, and so on
- Collect the names and contact information of any witnesses that may have observed the accident
Although this may seem like a lot to do, especially if you are still slightly injured or experiencing limited mobility, your personal injury attorney can be a valuable asset in gathering the necessary evidence to prove your claim.
Filing a Personal Injury Lawsuit in NYC
When preparing to file a personal injury lawsuit against another individual, business, or entity, then you need to be prepared for what could be a long process. Below we’ve included some of the common stages of the personal injury lawsuit as well as a brief overview of each step.
- Summons and complaint. Under New York law, a lawsuit begins by filing a “summons” and a “complaint.” In this stage, the plaintiff (the injured party) briefly drafts the complaint document and describes the allegations that the plaintiff needs to prove. Next, the lawsuit begins after the plaintiff pays the filing fee. The summons and complaint are delivered to the defendant, who must provide a written answer within 20 to 30 days, depending on the delivery of the summons and complaint.
- Discovery. As the most time-consuming part of the lawsuit, the Discovery stage is very important. This is the pre-litigation stage where both sides seek facts in the cases to prove their allegations in a more robust manner.
- Request for judicial intervention. After paying the court-filing fee, the court gets directly involved in the case. During this stage, dates are set for finalizing the discovery stage, the deposition, and other matters.
- Deposition. Also known as an Examination Before Trial (EBT), the deposition stage is the first time both parties meet each other in an informal location outside of the courthouse. The meeting will be transcribed, and each party will answer questions regarding the accident and the allegations.
- Note of issue. A Note of Issue shows that all preliminary work on the case has been concluded and that the case is trial ready.
Following the Note of Issue is the trial, which is easily the most time-consuming part, involving the presentation of evidence, eyewitness testimony, and litigation.
Contact the NYC Personal Injury Attorneys at Hoffmaier & Hoffmaier, P.C.
Statistically, almost 90 percent of personal injury lawsuits in NYC are settled before trial, and 90 percent of cases that do go to trial settle before the verdict. Nonetheless, as you can see, some of the initial steps in filing a lawsuit are some of the most important, and they can determine the outcome of the rest of the case. Therefore, you need an experienced and loyal personal injury attorney who will guide you through the process every step of the way.
If you’ve been injured in an accident in New York, call the Manhattan personal injury attorneys at Hoffmaier & Hoffmaier today at (212) 777-9400. Free consultations are available.
Pokemon Go in NYC: Personal Injury and Liability
Released on July 6th in the US, Pokemon Go has grown into one of the leading video games of the year, encouraging young people to head out of their homes, chase after Pokemon in real-life environments, and take on a range of challenges.
Soon after the release of the game, however, there were waves of news reports, including right here in New York, regarding some of the dangers of this game as well as rules regarding trespassing and paying attention to your surroundings.
The game has since been updated, and adverse incidents are far from the norm. Nonetheless, one pervasive question has popped up: is Nintendo (the company behind Pokemon Go) liable for injuries that players sustain?
New York laws aren’t specifically clear, and in many cases of PokeGo injuries, there were other causes of the injury, such as a slip and fall or premises liability. For instance, if there’s an unmarked pothole or an unmaintained, and dangerous, piece of property, then the owner of the property may be liable. Nonetheless, if you were seriously injured, you may want to call the leading NYC personal injury attorneys at Hoffmaier & Hoffmaier.
Video Games and Liability
Pokemon Go is not the first video game to bring up the topic of video games and liability. Including seizures, torn ligaments, broken bones, and so on, injuries have occurred in the past, and video game companies such as Nintendo attempt to be as proactive as possible in terms of reducing injury (a classic example is the warning on the start screen for Wii games). One of the most famous lawsuits involving video games was Linda Sander’s lawsuit against Acclaim Entertainment, Capcom, Nintendo for America, and others. Sanders was the widow of a slain teacher in the Columbine massacre, and the lawsuit argued that violent video games were liable for the shooters’ actions.
Most lawsuits in the past have resulted in favor of video game companies, and in terms of Pokemon Go, you can find heaps of warnings (including in the Terms of Service) that seek to mitigate Nintendo’s liability for injuries that can occur during gameplay.
Furthermore, it may be important to look at whether or not an insurance company will cover injuries sustained during gameplay. In a health insurance claim, a major aspect of the claim will involve where and how the injury occurred, which leads to another question.
Lured to Dangerous Premises
If you’re playing Pokemon Go while skateboarding, and run into a parked car, then Pokemon Go’s warning, “Be alert at all times,” may be enough to absolve Nintendo from negligence and wrongdoing. However, remember that Pokemon Go invites players to search for Pokemon in real-life environments, and a particularly valuable Pokemon might be in some alleyway, within or around a building, and so on. As such, one common topic among NY personal injury attorneys is, “What is the game’s liability when individuals are injured after being lured to a dangerous premises?”
In the case, Kubert v. Best, a New Jersey court found Person A liable for sending texts to Person B, who Person A knew was driving. The New Jersey court stated that the text message sender was “electronically present” in aiding and abetting the driver’s unlawful use of a cell phone while driving. Using this case as an example, one could (potentially) argue that when Pokémon Go lures a player onto a dangerous premises, the game aids and abets the player to trespass. This is especially true if a premises owner gives Pokemon Go an explicit notice of danger, asking the game not to put Pokemon (and lure players) into the dangerous property.
Injured in an Accident? Call Hoffmaier & Hoffmaier Today
There are many unanswered legal questions regarding Pokemon Go as well as endless possibilities of mischievous action that could lead players to get hurt. For instance, imagine Pokestops at the home of a known sexual offender, or an important Pokemon sitting across the highway during rush hour. All in all, in terms of personal injury lawsuits, the game has created a new realm of legal questions, but one thing remains clear: it’s best to avoid injury and play the game in a smart manner, paying attention to your surroundings and understanding when you might be on public or private property.
If you would like to speak to one of our personal injury attorneys at NYC’s Hoffmaier & Hoffmaier, or if you were injured in an accident, call our Manhattan law office today at (212) 777-9400.
