new york personal injury lawyer Archives - Hoffmaier & Hoffmaier P.C.

Is It Worth Filing A Claim For An Ankle Injury In New York?

May 3, 2019 By admin

Most people who have twisted their ankle are, more than anything, embarrassed. But an ankle injury should never be taken lightly. You may think it’s a simple sprain you can “walk off,” but you could have a broken bone or severe tendon, ligament, muscle and/or nerve damage. That’s why it’s important to seek medical attention right away.

East Village injury lawyers and a sprained ankle

Some ankle injuries may cause partial disability, especially if the damage is permanent and prevents you from working. In many ways, a painful ankle injury is no different than one from a car crash or any other type of personal injury accident in which negligence plays a factor.

How Serious Is The Injury?

If it’s just a minor sprain, your doctor may put you on “light duty” for a few days. But an ankle injury can be severe, painful and debilitating, requiring reconstructive surgery and rehabilitation. You may require months of recuperation, and you may still not fully recover. Every case is different, but unless your ankle injury was a minor sprain, you may be as badly injured as you would be in a car crash or workplace accident.

Ankle injuries can also be accompanied by other injuries, including:

Back injuries
Broken bones
Traumatic brain injuries
Soft tissue damage

If you’ve suffered additional injuries along with an ankle injury due to someone’s negligence, it’s time to consider speaking with an East Village injury lawyer to discuss an ankle injury claim.

Compensation

As with any personal injury case, you’ll have expenses such as:

Medical bills
Lost wages
Rehabilitation
Pain & Suffering

If you’ve been disabled or prevented from working by your ankle injury, you may also be able to recover for diminished work capacity, This is especially true if you are engaged in work that requires you to be in good physical condition (i.e., a bicycle courier or restaurant wait staff.)

If you’re out of work while you recuperate from your injury, you can work to recover compensation for your injuries. As with any personal injury case, you’ll also need to gather evidence and, if possible, witness statements.

Ankle Injury At Work

Ankle injuries at work number about 25,000 every year in the US, especially for people who work in service-related industries. The Bureau of Labor Statistics finds that ankle injuries affect about 9% of the workforce every year.

Depending on how the injury happened, you could find yourself with temporary or permanent disability. Immediate medical treatment is important for recovery, as well as preventing a reoccurrence.

For a workplace injury, you’ll be filing a claim for Worker’s Compensation through your employer. It’s important to see a doctor as soon as possible after the accident, and have the details of the injury recorded on paper. If you have witnesses, their statements detailing what they saw will also be helpful for Worker’s Compensation, as well as a personal injury filing, if necessary.

How Our East Village Injury Lawyers Can Help

To answer the question, yes, it is worth it to file an ankle injury claim; and our east village injury lawyers are here to help.

Hoffmaier & Hoffmaier has represented hundreds of victims who were injured due to negligence and helped them obtain the compensation they need. Call us at (212) 777-9400 (or use our online contact form.) As a family-owned personal injury law firm in New York City, we have more than 26 years of experience representing injured New Yorkers just like you.

Our contingency fee arrangement means we won’t get paid until you do, whether we settle your case in or out of court. We also have Spanish-speaking and Chinese-speaking staff for your convenience.

Why The 2018 New York City Pedestrian Accident Statistics Might Surprise You

April 25, 2019 By admin

Most people in New York City are pedestrians. Unfortunately, the rate of pedestrian accidents has increased, despite Mayor Bill de Blasio’s best efforts with his Vision Zero initiative. Florida is actually more dangerous for pedestrians and bikers than New York, but it still means pedestrians aren’t entirely safe here. As a pedestrian, you understand the implications—you could still be badly hurt in a traffic accident in New York City.

New York City pedestrian accident — the car goes among pedestrians in clear summer day

The Latest Numbers

New York City saw 200 traffic fatalities in 2018, down from 222 just a year before. This is the lowest fatality rate recorded since the city began keeping records in 1910, when there were considerably less vehicles on the road.

In December of 2018 alone, there were 12 pedestrian deaths. By contrast, the number of fatalities for bicyclists and motor vehicle passengers decreased from 2017.

But looking primarily at pedestrian deaths, the numbers are not as promising. In 2018, 114 pedestrians were killed on New York City streets, up from 107 in 2017. Mayor de Blasio was reportedly disappointed in the increase, and stated that the city would work to improve streets to make it safer for pedestrians.

Why a Pedestrian Accident Happens

Most people assume that if a pedestrian is hit by a car, it’s the driver’s fault. However, that isn’t always the case. Some of the most common reasons for a pedestrian accident include:

Inebriation, either the driver or the pedestrian
Not paying attention by either party, including texting, paying more attention to the phone
A pedestrian crossing at unmarked intersections, or crossing in the middle of a street.
Pedestrian darting out into traffic
Aggressive drivers ignoring traffic signals
Speeding
Walking at night in dark clothing or without reflective gear
Improper use of a bike lane, forcing a pedestrian into a street
Hybrid cars that have quieter motors, making it harder for a pedestrian to hear it coming

Vision Zero

After concerns about traffic accidents in New York, particularly for pedestrians, bicyclists and motorcyclists, Mayor de Blasio wanted to work towards reducing that number to zero by 2024. The plan is based on a similar Swedish program of the same name. The premise is that traffic deaths are not caused by “accidents,” but a flaw in the design of the streets.

The changes implemented within Vision Zero include:

Reducing speed limits from 30 to 24 mph
“Slow zones”
Additional bicycle lanes
Increased enforcement
Speed cameras, particularly in school zones
Specialized pedestrian crossing signals that allow them to cross before a traffic light changes
Countdown timers that show pedestrians how much time they have left to cross the street
Additional laws that makes failure to yield a crime if a pedestrian is injured or killed

In the five years since Vision Zero was implemented, the total number of traffic fatalities has been reduced, although actual traffic accidents have increased. In 2018, the city completed 138 street safety engineering projects, and over 500 have been completed since the beginning of the program.

Hiring A New York City Pedestrian Accident Attorney

The NYC East Village personal injury attorneys at Hoffmaier & Hoffmaier have been helping East Village New Yorkers for over 25 years. If you’ve been hurt in a traffic accident as a pedestrian, we’re ready to help. Call us today at (212) 777-9400 or contact us online, and we’ll talk to you about your case. Your first consultation is free. Our contingency fee basis means we don’t get paid unless we settle your case or win the trial. We also have Spanish and Chinese speaking staff if you need them.

Premises Liability Basics for New York City, NY

March 7, 2019 By admin

Getting hurt on someone else’s property is a section of law called “premises liability.” This section of laws covers dangerous conditions and people who have suffered injuries as a result. Slip and falls, dog bites, and a wide range of other mishaps that can occur on someone’s property as a result of negligence fall under this law. Here, we’ll discuss New York City premises liability and what that means for you if you’re ever injured.

east village personal injury attorney on premises liability NYC

Premises liability accidents can happen anywhere, from retail shops to office and apartment buildings, as well as private homes. Broken stairs, missing handrails, uneven floors, torn or uneven carpet or other flooring, icy or wet surfaces, inadequate lighting, and other hazardous conditions can cause slip and falls as well as other serious injuries. Broken bones, spine and neck injuries, soft tissue damage and even traumatic brain injuries can result from unsafe conditions on a premises.

The Elements of Premises Liability

Property owners, managers and employees have a duty of care to make sure that visitors to a home or business are safe from potential hazards. If there is one, they are under an obligation to take some kind of corrective action within a reasonable amount of time. Until that point, they are required to post some kind of warning that the hazard exists, such as an orange safety cone around water spills.

Should the manager, owner or employee know about the hazard and fail to take corrective action and/or warn visitors they can be held liable for any injuries sustained because of the hazard.

Proving Premises Negligence

In order to prove your case, you’ll be required to show that:

You were lawfully on the property as a customer, guest, or invitee, or
- You were trespassing in full view of the manager/owner/employee, and they knew you were there
The property owner knew about the unsafe condition, or should have known, and failed to do anything about it, improperly repaired it, or failed to warn others about the condition (such as “cones” or other marking device)
The negligence of the unsafe condition caused your injuries.

Were You Trespassing?

If you are trespassing, the owner does not owe you the same duty of care. If you’re injured while trespassing, the owner is not liable, you will not be able to recover damages as a result. The exception is if an owner/manager/employee is fully aware that you are trespassing and does nothing to dissuade you, they are still liable for your injuries as if you were there lawfully.

The “attractive nuisance doctrine” covers children who wander in. If the property has an “attractive nuisance,” such as a pool that isn’t fenced in or otherwise blocked off, and children are not protected from its dangers, the owner/manager can be held liable even if they are not aware of the child’s presence.

Statute Of Limitations

New York allows three years from the date of the accident to file a claim and/or a lawsuit. In cases against the government, such as a building or a park, you are limited to 90 days from the date of the accident to file a claim and one year to file a lawsuit. That’s why it’s important to talk to an East Village personal injury attorney as soon as you can.

NYC’s Own Premises Liability Law Firm

Hoffmaier & Hoffmaier has represented hundreds of victims who were injured due to someone’s negligence, and helped them obtain compensation. Call us at (212) 777-9400 (or use our online contact form.) As a family-owned East Village personal injury law firm experienced in New York City premises liability law, we have more than 26 years of experience helping people just like you. Our contingency fee arrangement means we won’t get paid until you do, whether we settle your case in or out of court.

What’s The Difference Between Negligence And Premises Liability in NYC?

November 15, 2018 By admin

If you’ve been injured in New York City and are hiring a lawyer, there are two terms that you may hear in the conversation.

What's The Difference Between Negligence And Premise Liability in NYC?

Premises Liability

This is the area of law that covers an individual’s injuries that are sustained while on someone else’s property. Grocery stores are a common place for premises liability cases, due to the amount of liquids that can end up on the floor. But other retail establishments like big-box stores, shopping malls, convenience stores may also incur premises liability. Also covered are hotels, convention centers, office buildings (including medical offices), amusement parks, schools, amusement parks, as well as their parking facilities. Sidewalks can also be involved in a premises liability claim, as well as someone’s private home.

In short, nearly anywhere you may go that’s not your home where you were injured due to another’s negligence is a potential premises liability case. Injuries can be caused by a number of conditions, including:

Wet or slick floors (happens frequently in grocery stores)
Electrical dangers
Cracked or uneven flooring
Holes in the floor or the ground
Stairs badly built or in need of repairs
No warning signs around an unsafe condition
Exposed wiring or unsafe electrical equipment
Malfunctioning equipment (i.e., elevators and escalators)
Insufficient or lack of security
Hazardous chemicals
Uncontrolled or dangerous animals (i.e., dog bite)

You’ll need to prove three elements in a New York premises liability case:

Duty of care—the owner, manager and/or employees of the property have a responsibility to keep their premises safe for anyone who visits. They must use “reasonable care” to ensure that the property is safe and well maintained.
A breached duty of care—the owner and/or manager knew about the unsafe condition, or should have known, and failed to take corrective action
That this breach caused your injury—It’s not enough to demonstrate that there was an unsafe condition that could have caused your injuries. You must show a direct connection between the breached duty of care and the injuries you sustained while on the property.

Taking your own pictures at the scene of the accident, or having someone nearby take them, is an ideal way to preserve evidence of the accident site. Should you decide to file a lawsuit, the pictures will be invaluable to your case, and to your personal injury attorney, in proving liability.

Negligence

Negligence is a broader term, encompassing any type of action that leads to harm. This includes premises liability but is also part of any kind of personal injury case. It’s one of the most common elements of civil litigation in the state of New York. “Negligence” can mean any type of personal injury case, not just premises liability. You must prove the same three elements described above in order to seek damages.

“Gross negligence” is the complete and utter disregard for the safety of others, and in some cases, can lead to punitive damages.

Comparative Negligence

One of the first arguments a defendant will likely use is that you were at fault for your accident.

New York law includes something called “pure comparative fault.” In other words, if you were also partly responsible for your injuries, you can be assigned a percentage of the fault. New York law (NY Civil Practice Law and Rules 1411) states that if both parties bear responsibility, the court determines how much each person was responsible for and assigns a percentage. This means that if you were 15% responsible for your injuries, and the other party was 85% responsible, your settlement will be reduced by 15%. In other words, if you are awarded $20,000, your settlement will be reduced by 15% and will become $17,000.

You Have Three Years

New York has a statute of limitations that allows three years for most personal injury cases, including premises liability (medical malpractice is 2½.)

But if you have an injury due to someone’s negligence, especially premises liability, don’t wait until the end of the three year period to speak to an attorney. Building a case takes time. If you don’t file until right before the deadline, there may not be enough time to prepare, and you could lose the case or have it dismissed.

NYC Family-Owned Personal Injury Law Firm

If you’ve been injured due to someone’s negligence, we’re here to help you recover damages so you can heal. Call us at (212) 777-9400 (or use our online contact form.) As a family-owned personal injury law firm in New York City, we have more than 26 years of experience helping people just like you. Our contingency fee arrangement means we won’t get paid until you do, whether we settle your case in or out of court.

Questions You Should Ask Your NYC Personal Injury Lawyer

July 31, 2018 By admin

When you or someone you know is in an accident, it’s not easy to find the right lawyer; especially in New York, where there are as many lawyers as there are delis. However, determining which lawyer is best for your case could determine how much you are compensated for your injury or accident. In most cases, there are three very important questions to ask any lawyer when looking for a quality firm. These three easy questions could help you pinpoint the right legal team for your case:

Questions you should ask your NYC personal injury lawyer"

Question 1: Do you offer free or low-cost consultation?

The most successful and reliable legal counsel will not charge clients upfront to discuss their injury or accident. A quality personal injury lawyer will understand just how important this case is to you and should be able to consult with you without requiring a deposit or an immediate contract.

Question 2: How much experience do you have?

Asking your potential lawyer about past experience and previous results can help you gauge their abilities. Any legal team should be able to present their clients with a list of successful results and provide details on their personal injury experience.

Question 3: Do you have any experience with MY particular type of injury or accident?

A solid history of success is important, but if a lawyer has actually handled your type of accident that’s even better. The highest quality personal injury firm will have experience with all types of injuries and accidents and can provide useful insights – based on those experiences – on how to get the most favorable results.

Finding the Right Personal Injury Lawyer

Being in an accident and having to deal with a personal injury is not fun for anyone. The last thing you want to get stuck with is a lawyer who can’t successfully process your case and get you the relief you deserve. Following these three questions, make sure that your lawyer is ready to get to work for you.

The team at Hoffmaier & Hoffmaier has years of experience, helping clients with a wide variety of injury claims, from car accidents to slip-and-fall accidents to workplace injuries. With a talented group of lawyers and customer-focused office staff, Hoffmaier & Hoffmaier provide legal guidance for any injury or accident and don’t get paid until your case is settled.

If you’ve been the victim of an accident or other personal injury, it’s very important to take action immediately. You only have 3 years to file suit, unless you are suing any type of city entity, including the NYCTA, NYCHA, city bus or subway. Then you have only 90 days to file a notice of a claim. So call Hoffmaier & Hoffmaier today and let’s discuss your case now: (212) 777-9400.