Hoffmaier & Hoffmaier P.C.

Call Today and let us fight for you
(212) 777-9400
13 Avenue B, 1st Floor
New York, NY 10009
You are here: Home / Archives for personal injury lawyer

How Does “No-Fault” Jurisdiction Affect My Auto Accident Claim in East Village?

By

New York is one of sixteen states with “no-fault” accident claim laws. That means that if you are in a car accident with another driver, you’ll file a claim with your own insurer for your medical expenses.

How Does “No-Fault” Jurisdiction Affect My Auto Accident Claim in East Village?

Also called “personal injury protection,” it’s a policy designed to ensure that you can get the treatment you need after an auto accident. It also pays for other out-of-pocket expenses up to the policy’s coverage limits, regardless of who might have been at fault for the accident.

New York’s Minimum Insurance Requirements

The state requires that if you drive a car, you must have these minimum amounts of coverage for an accident:

  • Bodily injury liability per person: $25,000
  • Total bodily injury coverage per accident, $50,000
  • Property Damage liability, $10,000
  • No-Fault personal injury protection, $50,000
  • Uninsured motorist coverage for your own bodily injury is subject to the same minimums

Note that these are simply minimums and that you can purchase higher limits to be better covered in case of an accident.

For property damage, you can make a claim against the at-fault driver for damages or for the total loss of your vehicle without limits.

Converting To An “At-Fault” Accident

In the event that you sustain a “serious injury,” you can pursue a claim against the driver outside of the “no-fault” system. This type of injury includes:

  • Bone fractures
  • Significant disfigurement
  • 90 days of substantial disability
  • Significant limitations on the use of a body function or system
  • Permanent limitation of a body member or organ

Should you sustain such an injury, you won’t be limited to your own no-fault policy. You’ll be able to file a personal injury lawsuit to seek compensation based on your losses. This includes things like pain and suffering as well as other non-economic damages that are not available under “no-fault.”  If you’ve sustained an injury of this type, speak with a New York auto accident attorney to determine your next step.

However, if you’re found responsible for causing the car accident, and losses for the other parties exceed your policy’s limits, you may become personally liable for paying the rest from your own assets. If you only carry the minimum coverage requirements that New York requires, this is a strong possibility.

Time Limits For Filing

Unlike other states, you have just 30 days to file your claim. This time limit starts the day after your accident.

You’ll have just 15 additional days to file any medical bills, and up to 90 days to submit for loss of earnings. These are hard deadlines, so you must act fast. Otherwise, you will miss your window of opportunity.

You can learn more about New York’s no-fault insurance at the website of New York State’s Department Of Financial Services.

Call Hoffmaier & Hoffmaier Today For Help With Your No-Fault Accident

If you have questions about New York’s “no-fault” auto accident laws, we’re ready to help. Call Hoffmaier & Hoffmaier at (212) 777-9400, or use our website contact form. As a family-owned NYC personal injury law firm, we have over 26 years of experience helping injured people after an accident. We offer a contingency fee arrangement that means we won’t get paid until you do, whether we settle your case out of court or litigate it in court.

What Is A “Loss Of Consortium” Claim In New York?

By

Any personal injury can be devastating to both the accident victim and their family. The entire family dynamic changes and the injured party may not be able to do what they did before.

One factor that isn’t always discussed is the accident’s impact on the spouse of the person who has been injured. But for a married accident victim, their spouse is generally the one who has to take up the slack when the injured spouse can’t do everything they did before. This is what’s known as “loss of consortium.”

What Is A “Loss Of Consortium” Claim In New York?

What Consortium Means In Personal Injury

An uninjured spouse can bring this type of claim after their spouse is involved in an accident. Loss of consortium claims is a “derivative” claim, meaning that the spouse’s claim is dependent on the injured party’s personal injury claim, and is always made together. Most of these claims average about 10% of the personal injury award and are awarded when one spouse suffers a devastating injury that leaves them disabled or with debilitating long-term effects.

Many people believe that losing “consortium” relates to the sexual aspect of a marriage, including constraints. That’s true to a certain extent. A consortium can also include loss of love, companionship, as well as the sexual aspect of a marriage, which is known as “loss of the marital relationship.” This is the part that is difficult to attach a monetary amount to since the emotional aspect of a marriage is intangible.

The umbrella term “loss of consortium” includes much more, such as:

  • Damage or strains inflicted on the relationship after the accident
  • Infertility
  • Loss of ability to participate in enjoyed activities, such as walking, bicycling, traveling, etc.
  • At-home activities such as:
    • Assisting in child care
    • Handling specific tasks, such as housework or home repairs
    • Helping the spouse with other specific tasks, such as driving the children to activities
    • Other dedicated activities normally performed by the now-injured spouse

When one spouse has been seriously injured, he or she may no longer be able to take care of the at-home activities, requiring the uninjured spouse to either do them or pay someone to do them (i.e., hire a house cleaner and/or a handyman.)

 Financial Consortium—Loss Of Support

These claims are over and above things like lost wages. This is the amount a wage-earning spouse would have contributed to the household earnings had he or she not been injured. The two factors a judge and jury will consider are:

  • The amount of the spouse’s income
  • How the spouse managed his or her money, and how much they spent on the household

If the spouse regularly contributed to household expenses, an award for Loss Of Support would be higher than if the spouse saved more, or spent more on themselves than the household.

The Last Word

Since New York abolished common-law marriage in 1933, only legally married spouses can bring a claim of loss of consortium. Domestic partners and same-sex partners do not have the option for this kind of claim.

A serious personal injury can cause severe problems in a relationship to the point of a couple divorcing. But if a couple separates and divorces before settlement or before trial, chances are the loss of consortium claim will be negatively impacted, and possibly ignored. There won’t be any award during the separation period, and of course, after the divorce is final. Many attorneys advise couples not to divorce before the end of their claim so as not to risk losing their derivative claim.

Hoffmaier & Hoffmaier—New York’s Premier Personal Injury Law Firm

A personal injury can happen anytime and anywhere in New York, leading to many different types of injuries.

Call us at (212) 777-9400 (or use our online contact form.) Hoffmaier & Hoffmaier is a family-owned personal injury law firm, with more than 26 years of experience helping New Yorkers after they’ve suffered injuries. Our contingency fee arrangement means we don’t get paid until you are, whether we settle your case or take it to court.

Premises Liability Basics for New York City, NY

By

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.

Does Premise Liability Apply To Dog Bite Injuries In New York City?

By

New Yorkers love their dogs. In 2017, there were 85,085 licensed dogs in New York City, and were estimated to be about 20% of all dogs living here. One in seven NYC households has at least one dog. Most people in New York have small dogs, but that doesn’t mean they are more docile and less likely to bite than a larger one.

If you’re visiting someone’s home or business where there’s a dog present, a bite may be the last thing you expect. Dogs are great companion animals, burglar alarms and notification when something is wrong. In the course of doing its job, a dog may bite someone out of fear, to protect its owner, puppies or itself. A dog may also bite if it is injured, or tormented or abused by someone.

Liability for dog bite injuries

The Center for Disease Control and Prevention (CDC) estimates that dogs bite over 4.7 million victims every year in the United States with roughly 800,000 people having to seek medical attention. About half of these victims are children, and 386,000 require treatment in an emergency room.

What Is Premises Liability?

This part of New York law that deals with injuries that occur on someone else’s property, including a dog bite. A property owner, manager or employee has a duty of care to keep the property safe for visitors. This includes homeowners, and their dogs.

In addition to dog bites and dangerous animals, premises liability covers things like:

  • Snow/ice
  • Standing water
  • Slick or slippery substances on flooring (such as oil)
  • Inadequate maintenance or lighting

New York does have specific dog bite laws, but dog bite cases are also part of premises liability.

The laws apply to individuals who were on a property legally, and not trespassing.

Proving Dog Bite Liability 

New York dog owners are strictly liable for any medical costs incurred if their dog bites someone, and an injured party won’t have to prove that the dog owner’s negligence. It also doesn’t matter if the dog’s owner knew the animal was vicious or not.

Damages such as medical costs, lost wages, and other related costs may be collectible. But punitive and other damages may only be collected if you prove that the defendant knew, or should have known, that the animal had a dangerous or vicious temperament, and a tendency to bite someone. Also important is the owner’s failure to exercise control over the dog that would have prevented the injury.

To collect other types of damages, New York’s strict liability rule requires proving that the owner was, indeed, negligent, and failed to prevent the dog bite injuries or other calamity caused by the dog. 

New York Agriculture & Markets Code section 123 covers dog bites but also other acts that can cause a problem, such as jumping on an individual and knocking them over. The statute states that a dog owner is liable if their “dangerous dog” causes injury to a person, their companion animal (such as a disability service dog) or livestock.

A “dangerous dog” is one that attacks and injures or kills a person or other animal without provocation or leading a reasonable person to believe there was a danger of attack. However, police dogs are exempt from this definition.

Dog Bite Injuries

While some dog bites just leave a tiny scar or minor bleeding, dogs can also cause more serious injuries like:

  • Lacerations
  • Scarring and disfigurement
  • Internal injuries
  • Broken Bones
  • Infections
  • Amputation of fingers or toes
  • Injury to the eyes, as dogs often go for the face or throat

Children are particularly vulnerable to dog bites, partly because of their size, and partly because they may not understand the dog’s potential dangers.

After A Dog Bite

If you’re injured, it’s important to seek medical care immediately. If you are able, take pictures of the site of the attack, your injuries, or ask for help from a witness. If witnesses are present, get their names and contact information as well. Include damaged clothing and/or shoes and anything else damaged. Identify the dog and its owner, and request proof of vaccination.  DogsBite.org has additional information available.

The State of New York allows three years for you to file your premises liability claim for a dog bite. After that, your suit will be dismissed. That’s why it’s important to speak with a New York dog bite attorney as soon as you can.

Personal Injury Attorney In New York

Hoffmaier & Hoffmaier has been helping New Yorkers with dog bite injuries and premises liability cases for over 25 years. Call us at (212) 777-9400, or use our online contact form.  We’ll schedule your free consultation, and let you know how we can help you. There’s no fee unless we win your case. We’ll fight for your rights and get you the settlement you need to take care of your injuries and get on with your life.

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

By

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

By

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.

 

 

What are the Damages for a Brain Injury Sustained in an NYC Slip and Fall Accident?

By

Surprisingly, the likelihood of incurring a traumatic brain injury in a slip and fall accident is quite high. The National Floor Safety Institute (NFSI) reports some alarming facts:

  • Slips and falls account for over 1 million visits or 12% of total falls.
  • Fractures are the most serious consequences of falls and occur in 5% of all people who fall.
  • According to the CDC, in 2005, more than 15,000 people over the age of 65 died because of a fall.
  • For people aged 65-84 years, falls are the second leading cause of injury-related death; for those aged 85 years or older, falls are the leading cause of injury-related death.
  • Falls account for 87% of all fractures among people over the age of 65 and are the second leading cause of spinal cord and brain injury.
  • 22% of slip/fall incidents resulted in more than 31 days away from work (US Bureau of Labor Statistics (2002).

brain injury from a slip and fall

Slips, trips, and falls cause serious injuries: abrasions, back injuries, broken bones, mild or serious head injuries, and other personal injuries.

And, the Centers for Disease Control and Prevention (CDC) attributes 35.2 percent of brain injuries to falls, the largest single influence.

How Traumatic is a TBI?

Mayo Clinic says, “Mild traumatic brain injury may affect your brain cells temporarily. More-serious traumatic brain injury can result in bruising, torn tissues, bleeding and other physical damage to the brain. These injuries can result in long-term complications or death.”

TBI can come from blunt force trauma or another violent act. But, slip and falls take many forms, some of which lead to the same results. You don’t have to be hit on the head to hit your head on something hazardous.

Anyone can fall because of clutter, electric cords and cables, gravel, grease, loose or uneven floors and sidewalks, wax, water, and more. But, TBI may result in:

Unconsciousness Headaches Nausea and Vomiting
Speech Problems Chronic Fatigue Dizziness
Blurred Vision Tinnitus Light Sensitivity
Cognitive of Mental Problems Memory and Concentration Loss Mood Swings
Depression and Anxiety Convulsions and Seizures Numbness in Extremities
Loss of Mobility Loss of Interest Aggression and Irritability
Coma Loss of Appetite Death

 

Putting a value or price on such temporary or long-term results takes professional help and experience. Attorneys at Hoffmaier and Hoffmaier, P.C. say, “By pursuing those responsible for your injury with a personal injury lawsuit, you and your attorneys can fight for reasonable compensation that covers both immediate and long-term expenses, including medical expenses, physical therapy, medical modifications to the home, emotional counseling, loss of income from work, loss of future earning capacity, pain and suffering, and more.”

What’s the Price of Brain Injury Damages?

According to the Centre of Neuro Skills, “A severe head injury averages lifetime costs of over $3 million and for a moderate head injury over $1 million.”

Not surprisingly, the medical costs for treating those victims who do not survive can be the highest. If the average lifetime cost is over $1 million, rehabilitation alone can run $1,000 per day for an average rehab stay of 55 days. And, supporting return-to-work employment may run $10,000 a year.

There are no numbers on pain, suffering, and other losses. And, any costs would have to be adjusted for NYC cost of living factors.

But, considering slip and fall brain injury might have long-term or even life-long effects, you or your caregiver must act. The insurance company for the property owners may attempt to settle quickly for an amount that will only cover the immediate medical expenses. But, that’s not likely to compensate fully for brain injuries, even those sustained in an NYC slip and fall accident.

With the likelihood and frequency of slip and fall accidents and their major contribution to brain injuries, you’d be well advised to carry contact information for your personal injury attorney. To know more about slip and fall accident, contact us today to schedule your appointment.

What is a Slip and Fall Accident Worth?

By

Being injured as a result of a slip and fall accident in New York City is never fun. Winter is when people commonly think about slip related injuries, but in reality, they can and do happen at any time of the year. When someone sustains one of these injuries, one of the first questions that they ask is, “what is a slip and fall accident worth?” That is a reasonable question; just because you have been hurt does not mean that the bills stop coming. You have to pay for a place to live, buy food to eat, and keep the lights and the heat on. On top of all of that, you now have medical bills to pay. Getting the compensation you deserve for your injury is essential. We understand—Hoffmaier & Hoffmaier, P.C. has been protecting the rights of injured parties in New York City and beyond since 2001.

What is a Slip and Fall Accident Worth?

Unfortunately, there is no set amount that any slip and fall accident case is worth. The amount that you are entitled to depends on whether or not the property owner or manager is legally liable for your injury, if you had any culpability in the accident, the degree to which you have been injured, and the amount of insurance the responsible party has available to deal with the claim. Below are some of the factors that New York City slip and fall attorneys take into account when estimating the value of a case.

Who is Liable for your Slip and Fall Accident?

An important concept to understand in any New York City slip and fall case is what is known as premises liability. Whoever owns or controls a piece of property, whether it is a private business, residence, public building, sidewalk, or park has a legal responsibility to identify and remedy hazards to the people who use that space. This obligation for the safety of their property includes ensuring that the area is free of wet floors, snow, ice, and other hazards that might render a walking surface slick enough to cause a slip and fall injury. Additionally, stairways must be kept in good repair, have adequate lighting, and secure handrails.

In order to prove premises liability, three elements need to be established:

1.    You must have been legally on the property, or if you were trespassing, the owner of the property has to have known you were there and not asked you to leave or warned you about a slip and fall hazard.

2.    The owner or manager of the property must have been aware of the unsafe condition, or at least has to have been negligent enough to do nothing to assess the state of the property so that the hazard could be mitigated. If the dangerous condition was not yet corrected or if there had not yet been sufficient time to fix the issue, the property owner must have warned visitors.

3.    The dangerous condition must be the proximate cause of your injury. That is, you must have gotten hurt as a direct consequence of a slip and fall caused by the property owner’s failure to correct a safety hazard they either knew about or could reasonably be expected to be aware of.

Proximate Cause and the Circumstances of your Case

The actual slip and fall event must directly cause your injury for you to receive full compensation. For example, if you have a pre-existing back injury that renders you unsteady on your feet, you may find that your slip and fall case is not worth as much as you think. You will need to be able to prove that your injury was a direct result of the negligence of the property owner.

Additionally, the degree to which you have been injured, how much you are expected to recover, the type of medical treatment you have received or will need, and the degree to which your slip and fall accident has impacted your life are all part of the overall compensation picture. Your occupation, the amount of wages that you have lost, your age, and pre-accident physical condition are also considerations when determining the award to which you are entitled.

The Concept of Comparative Negligence

Accidents of any type are complicated events that often have more than one cause. It is a fact of law that you are required to see and avoid hazards that are in plain sight, and a common tactic of defendants and insurance companies is to claim that the injured party ignored warnings or a defect that was reasonably obvious to the casual observer. For example, if a shop owner had placed “slippery when wet” signs around a puddle on the floor and taped off of the area, a jury could reasonably assign some level of blame to an injured party who chose to ignore the warnings.

New York liability law operates on the premise of “comparative negligence.” When a jury looks at the facts of a case, they can assign a percentage of the blame for the slip and fall accident to the injured party. If a jury decides that you were 30% responsible for the accident, you’ll receive only 70% of the total award.

What Insurance Coverage does the Defendant Have?

The settlements and judgments that result from slip and fall cases in New York City are usually paid out by the defendant’s insurance company. The quality of insurance and the amount of coverage vary widely; a city building likely has a large policy that has relatively high compensation limits, while the corner shop probably carries a policy with significant compensation limits. You may well find that the amount of an award you receive as the result of a New York City slip and fall accident may be limited by compensations caps imposed by the property owner’s insurance policy company.

How to get an Accurate Assessment of the Value of your Slip and Fall Case

As you can appreciate, premises and comparative liability laws are very complicated. Even though they happen thousands of times per year, every single slip and fall accident is unique. Coming up with an estimate of how much your case is worth is nearly impossible to do on your own—that is why you need to leverage the knowledge of an experienced New York City slip and fall attorney. You can rest assured that the defendant’s insurance company will try to work the law to their advantage so that they wind up paying as little as possible. At Hoffmaier & Hoffmaier, P.C., our personalized representation puts the law to work for you. If you have been injured in a slip and fall accident, we’ll evaluate the particulars of your case to give you an honest and accurate assessment of the compensation you can expect to receive. Reach out to us via our website or call us today at (212) 777-9400.

Tips To Getting The BEST Personal Injury Lawyer in East Village

By

Are you in the market for a personal injury lawyer in the New Year? If you’ve never had a personal injury case before, the process may be confusing. Sure, you can open the phone book and pick one. That might work for finding a nearby dry cleaner or late-night diner, but it probably won’t get you the right legal counsel for your case.

Tips To Getting The BEST Personal Injury Lawyer in East Village

Interview Potential Attorneys

Much like interviewing for a job, you’ll want to talk to more than one attorney. Initial consultations are free in New York, so it’s possible to talk to several before making a decision. Just like a job interview, you want to make sure that the attorney you hire is also a good fit.

Take notes during each visit, and use your best judgment to decide which attorney to hire. You can even create a standard list of questions to bring into the interview. Use a template document, print multiple copies and add enough space to write down the answers for each one. You don’t have to sign with the first one you visit—and you don’t want to hire one you don’t like!

Ask Questions

It’s natural to ask “small talk” questions when you meet with an attorney. But beyond that, you want to know if he or she has the experience to work with your legal issues. Questions like:

  • “What kind of personal injury cases do you handle?” You want to make sure that the individual not only handles cases in the personal injury niche Whbut your specific type of case: slip & fall, car crash, workplace injuries, uninsured driver, etc. Someone who “works with all types of personal injury cases” but isn’t specific may not be your best choice.
  • “What kind of fee arrangement do you typically use?” Many personal injury attorneys use a contingency fee arrangement, where their legal fees are taken out of your case settlement. Not all attorneys use this arrangement; many charge a flat fee or by the hour. Make sure you ask.
  • “Is a retainer required?” Some attorneys require a retainer fee to begin working on your case. It’s similar to a down payment on a car or real estate. Some may not, but you need to find out before you sign anything, or you’ll find yourself being required to pay one. This should be part of the fee arrangement discussion.
  • “Who will be working on my case?” Is he or she going to be working on your case, or will it be assigned to someone else?
  • “Who would be my point of contact?” You don’t want to continually explain your case every time you call, so you’ll want to make sure there is a specific point of contact to ask for when you call.
  • “How will you keep me informed of my case status?” Will they call, email, send letters? Should you call? How long will it take to have your call returned? Will they charge you for phone calls and/or emails? You’ll want to know how things are progressing, and if there are any developments.
  • “If I were to hire you, what would you need from me?” Of course, they will ask for any evidence and documents. Beyond that, they’ll tell you what else you’ll be asked to provide, and how it will help your case.

Investigate

If you’ve narrowed down your choice or choices, you want to make sure they are who they say they are. Have they been sanctioned, suspended, or had client complaints? The New York Unified Court System has a free online search tool that lets you check out any attorney in the state before you hire them. Each one will give you their “pitch.” Make sure they haven’t misrepresented themselves, or caused harm to other client cases before you sign anything.

Evaluate

After you’ve interviewed one or more personal injury lawyers, review your notes, their track records, and consider what was discussed in each interview. Which had the best experience? Which one stood out? You’ll be spending a fair amount of time with the individual you hire to represent you, so make sure you are comfortable with him or her before signing an agreement.

The Experienced East Village Personal Injury Law Firm

Hoffmaier & Hoffmaier has been helping East Village New Yorkers for over 25 years and we’re ready to help you, too. Call us at (212) 777-9400 and we’ll talk to you about your case—our first consultation is free. (We also have Spanish- and Chinese-speaking employees if you’d like to talk with them.) Our contingency fee basis means we don’t get paid unless we settle your case or win the trial.

Who Pays For My Medical Bills If I Don’t Have Any Insurance? (Video)

By

This is Part 26 in our NYC personal injury video series: “Who Pays For My Medical Bills If I Don’t Have Any Insurance?”

Transcript:

It doesn’t matter if you have insurance. Whatever car you’re in or whatever car hits you, that no fault insurance is going to cover you for medicals, so you’re going to be able to get your treatment, take care of yourself, take care of your body. That’s the most important thing.

Call Now Button