New York trip and fall lawsuits can be particularly challenging to litigate, as each situation is different. Your slip and fall lawyer should give you a better idea of your settlement size based on factors like what led up to the accident, the severity of your injury, and where it happened. If you’ve been in an accident contact an experienced trip and fall lawyer at Kucher Law Group today. Average Compensation for a Trip-and-Fall AccidentSettlements for a slip and fall can vary immensely. The size of your settlement will depend on the severity of your injuries as well as how strong a case you have. Generally speaking, settlements rank somewhere in this range but it does vary greatly for each person’s particular case. How much can you expect in compensation for a personal injury caused by a trip and fall?A fall victim is compensated for losses and damages equal to any monetary loss, plus a portion of the total compensation applicable towards pain and suffering. The level of pain suffered corresponds to injury severity in order to calculate an appropriate percentage. Injuries are graded on a scale based on their severity and this grading determines how much out-of-pocket expenses are reimbursed. Determining the Settlement Amount for Trip and Fall ClaimsHaving evidence to establish who is responsible for causing the accident is very important when determining the settlement amount of compensation for slip and fall cases. If you’re unable to show that the other party you’re suing had a duty to prevent your injury, failed to fulfill that duty and that their actions resulted in your injury, your case may not be considered valid. Seeking the assistance of an experienced trip and fall lawyer can be advantageous in gathering evidence for your case. Additionally, other factors that may influence the amount of compensation you are entitled to may also be considered. These factors include:
Negotiating a settlement in the event of a trip and fall accident.Trip and fall settlement discussions take place in a variety of ways. The parties may communicate with one another through mail correspondence that outlines their bargaining position and requests an agreement from the other party. These letters are often lengthy, containing statements of facts and laws to help support the writer’s argument. Negotiations can take place at any time, A trip and fall settlement can be discussed in an informal setting (with the defendant’s lawyer, during court proceedings), or formally through mediation (with a trained mediator to help with resolution options). It is important to prepare for an upcoming mediation session by researching your evidence beforehand. Do I need to settle my slip and fall claim?Settling your trip and fall claim depends on a variety of factors, including how much you and the other party can agree on in terms of value for the case. It may be in your best interest to take your case to trial due to various factors such as experience with an attorney or the circumstances that led up to your injury and subsequent claim. Experienced New York City Trip and Fall Lawyer At Kucher Law Group Are Here to helpResidents in New York City looking to sue for a trip and fall accident can ask for help from a lawyer to strengthen their case with documentation on the day of the incident, establishing contact with other parties involved, negotiating skillfully, advising on how to accept a settlement or go trial, drafting paperwork that will guarantee timely retrieval of judgment. Your attorney will be with you every step of the way, from asking for evidence and permits to drafting a settlement agreement. If your goal is to win a fair settlement for your trip and fall case, working with an experienced attorney as soon as possible can make sure that nothing falls through the cracks. At Kucher Law, we can help you get fair compensation that will meet your needs. After talking with us, we can help map out a plan of action so that you know how best to proceed. We invite you to come in for an assessment today; call our team at (929) 274 8000. via Kucher Law https://www.rrklawgroup.com/how-much-compensation-could-i-get-in-a-trip-and-fall-settlement/
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We’ve all been there before. Maybe it’s a puddle of water that causes it, or perhaps it’s an improperly maintained walking surface or debris that catches your foot as you lift it. Whatever the case, you slip and fall. You may sustain an injury severe enough to warrant hospitalization. But maybe your injury was more minor and did not require immediate medical attention. Does that mean it won’t affect your life and ability to earn a living? No, even seemingly minor slip-and-fall accidents can have lasting impacts that affect your ability to work and even enjoy personal activities. Do you have any recourse if your slip-and-fall injury was not severe enough to warrant surgery? Too many people fear that their situation is not severe enough to warrant a settlement in these cases. They may feel that they must “suck it up” or “push through” the pain and limited mobility. The truth is that any slip-and-fall injury may be enough to warrant a settlement, even if you don’t require surgery as a result. With the help of a skilled New York City slip and fall lawyer, you may be able to file a claim and negotiate for a settlement or seek other avenues of compensation for your expenses after your injury. If you have been injured in a slip and fall accident caused by another person’s negligence, our attorneys at Kucher Law Group may be able to help. Schedule a consultation now at (929) 274 8000 or fill out our online form. The Reality of Slip and Fall Accidents in the USSlip-and-fall accidents account for 30% of all reported injuries in the US annually. According to the National Floor Safety Institute, over 540,000 slip and fall accidents each year require hospitalization, and 20,000 lead to death. They are also the second-most costly type of workers’ compensation claim. However, tens of thousands of slip-and-fall accidents don’t cause loss of life or catastrophic injury. Yours may leave you with a limp that lasts the rest of your life, or maybe a limited range of mobility in one of your arms. Whatever the case, a slip-and-fall accident can have a lasting, measurable, negative effect on your ability to work and your quality of life and not be severe enough to require surgery. Common Injury Types from Slip and Fall AccidentsEvery year, over a million people in the United States go to the emergency room because of a slip-and-fall accident. Injuries can range greatly from mild to severe and can affect almost any part of the body. Some of the most common injuries seen from slip-and-fall accidents include the following:
While some of the injuries listed above will certainly require surgery, many will not. However, that does not diminish their impact on your ability to work or your quality of life. For instance, a broken wrist might not need surgery to repair, but it could leave you with lasting pain and limited mobility that force you to find different employment or mean that you cannot take part in meaningful hobbies and other activities in your personal life. In short, a lack of surgery does not mean that a slip-and-fall accident does not affect your quality of life. A Couple of ExamplesTo put these injuries in context, let’s look at a couple of examples. AnnaAnna was out for a lunch date with her sister and a friend. They were trying a new restaurant that had just opened in town, and everyone was excited about it. On entering the restaurant, Anna’s sister excused herself to go to the restroom, while Anna and her friend located a booth. On reaching the booth, Anna’s foot slid out from under her. In the dimly lit establishment, she did not see the piece of cucumber covered with oil and vinegar dressing just at the edge of the table. Her mouth collided with the table’s corner, breaking a tooth and cutting her lip, and her knee struck the concrete floor. On arriving at the hospital afterward, Anna was found to have suffered a broken tooth, as well as a fractured kneecap. The tooth would require either a cap or a crown. The kneecap would require a splint for several weeks, which would limit Anna’s mobility, as well as physical therapy afterward to help restore the knee’s range of movement. What the X-ray at the hospital did not show was the strain placed on the ligaments in Anna’s knee. Even after completing her physical therapy and taking several weeks off work, Anna cannot walk without physical discomfort. SteveSteve was on his way home from work but had to stop to pick up food for dinner at the grocery store. Carrying a loaded basket on his arm, he made his way to the freezer section to pick up some frozen vegetables for the casserole he was planning. He didn’t notice the puddle of water on the floor spreading out from the malfunctioning freezer unit. As soon as he stepped in it, his foot slid out from under him, sending Steve to the floor. Steve landed on his back. In the process, he injured his hip and his spine, and his head hit the concrete floor very hard. Steve was taken by ambulance to the hospital, where a series of X-rays and physical examinations showed that he had bad bruising along his back, a concussion from hitting the floor, and a hairline fracture in his left hip. None of these injuries required surgery, but it took weeks of bed rest to heal his fractured hip, and even after several months, he still suffered from back pain related to the fall. He also suffers from memory loss due to the concussion and has lost months of pay from his job. That forced time off work has also put his family behind on their bills and they are now facing foreclosure on their mortgage. Drawing Conclusions from Our ExamplesIn both of our examples, people have suffered pain and injury. They have incurred medical bills and been forced to take time off work to recover and complete physical therapy. Both Anna and Steve will face ongoing repercussions of their slip-and-fall accidents that may be with them for the rest of their lives. And yet, neither situation required surgery. Both Anna and Steve could qualify for a settlement, even though neither of them was injured badly enough to require surgical intervention. How much is such a settlement worth? What factors go into determining the amount of a slip-and-fall settlement? How Much Money Is Necessary for a Slip-and-Fall Settlement?Every situation is unique. There is no one-size-fits-all settlement amount simply because many factors affect your quality of life, financial situation, and your ability to work. Three of the most important considerations in any slip-and-fall settlement are the amount you incur in medical bills, the amount of money lost because of time off from work, and the amount of pain and suffering you go through. At a minimum, your slip-and-fall settlement should cover the medical bills you sustained because of the injury. Note that this includes bills due to initial treatment, like a visit to the ER, but also bills due to ongoing problems stemming from the original injury. That might include things like physical or occupational therapy, pain medications, and more. In many cases, a slip-and-fall accident also comes with considerable recovery time. Depending on the type of injury and its severity, you could lose weeks, months, or even years on the job and the pay that time would have provided. Those lost wages represent a very real financial impact on your life, and you might find yourself struggling to pay your bills. Finally, you must also consider pain and suffering. Because this is subjective, rather than objective, it’s difficult to measure. The court will base its decision on observable factors, such as how much your quality of life has changed, how you have had to change your behaviors, whether the injury has affected your employment or employability, and how long your injuries are expected to affect your life. What Is the Process for Obtaining a Settlement for a Slip-and-Fall Injury?While all cases are unique, they follow a similar path. 1. Report Your Injury to the Property ManagerThe first thing you should do is report your injury to the property managers or owners. This will establish the case. If you’re able, ask to file a formal report. If you cannot speak because of your injuries or cannot fill out the report at this time, do so after seeking medical attention. If you don’t report your injury/accident, then there is no record of it ever happening. Make sure to request a copy of your report from the business, too. If the police and/or medical personnel were involved, get a copy of their report(s), too. 2. Get Medical AttentionOnce the owner or manager has been alerted, you must seek medical attention for your injuries. Follow the advice of any first responders and go to the hospital if directed to do so. If the first responders do not request that you go to a hospital, make sure to visit one within 48 hours of the accident to document your injuries. Don’t assume that because you aren’t in serious pain at the time you have no injuries. It can take some time for symptoms to show up, particularly if a head injury is involved. 3. Obtain a LawyerNext, contact a slip-and-fall attorney. An experienced attorney will be able to offer advice and guidance, answer your questions, and help you set reasonable expectations about what comes next. They can also represent you with the insurance company and in a court of law if necessary. 4. Determine the Cause and Gather Witness ReportsWhat caused your slip-and-fall accident? It could have been almost anything, from standing water on the floor to unseen obstacles, but it’s important to identify and document the cause. Without a cause, it will be very hard to prove your case. You also need to speak with witnesses and gather their statements. What did they see? Did they stop to offer aid? Was there anyone with you at the time of the accident? Get the name and contact information of any witnesses. Your attorney should be able to help here. 5. Document and Take NotesYou will need to document everything to support your claim. This includes your account of the accident, photos or videos that support your account, witness statements, and more. Hospital bills, photos of your injuries before and after treatment, and information about any related property damage should all be included. Your attorney will help you understand what to document and how to take notes to support your case. 6. Be Cautious When Dealing with Insurance RepresentativesChances are good that an insurance representative will approach you and possibly offer a settlement amount. Be cautious here. It’s usually wise to refer the representative to your attorney, who can help you determine if the settlement offer is fair. 7. NegotiationsIn most instances, your attorney will advise you to reject an initial settlement offer. Depending on the situation, this settlement may be about a demand letter from your attorney, or it may be prompted by your accident report. In almost all cases, it will be a low offer intended to save the insurer money. Once you reject that initial offer and make a counteroffer, the negotiation process will move forward. In ConclusionUltimately, slip-and-fall injuries can cause immense pain and lasting physical damage. They can completely change your life, even if they do not require surgery. Any slip-and-fall injuries may be eligible for a settlement. Even seemingly minor accidents can have lasting impacts on your life. A simple fall that you can walk away from may leave you dealing with chronic pain and limited mobility for months or years afterward. The need for surgical repair does not determine whether your injury warrants a settlement or not. If you have been injured in a slip-and-fall accident, you must hire an experienced personal injury attorney to represent you. A skilled lawyer will help you understand the situation and what you can expect, as well as whether to move forward with a personal injury claim. via Kucher Law https://www.rrklawgroup.com/slip-and-fall-settlements-is-surgery-required/ Slip and fall accidents can happen anywhere, anytime, and to anyone. The National Floor Safety Institute (NFSI) estimates that, of the roughly eight million injuries and deaths that happen each year, one-eighth or one million of these injuries and fatalities are caused by slip and fall accidents. One-third of those accidents result in broken bones and serious injuries. Slip and fall accidents are also the third leading cause of work-related injuries in the US. Slip and fall accidents can affect a person’s quality of life, cause financial strain, and even lead to long-term disability or death. If you’ve been injured in a slip and fall accident, you may be entitled to compensation for your injuries and other damages. Our experienced New York slip-and-fall attorneys at Kucher Law Group can assist you in filing a claim and representing your best interests in pursuing the compensation you deserve. Call us today at (929) 274 8000 to schedule a free consultation or fill out our online form. What Is a Slip and Fall Claim?A slip and fall claim is a personal injury case based on the tort of premises liability. While fall accidents do happen and might be unpreventable, injuries caused by accidents in preventable situations can be due to the negligence of the people who own or manage the premises. Premises liability means that the owner of a property can be held liable for injuries sustained by persons present on their property if the owner breaches the duty of care they have on looking after their visitors’ safety. For example, there is a slippery floor in a store, and a person slips because there was no indicator that the floor was slippery. If the person who slipped is injured because of the fall, they may be eligible for compensation. The owner of the store has a duty of care to ensure that there are no hazardous or dangerous conditions on their premises that could cause injury. In this manner, the owner of the store exhibited negligence on their part because they failed to either clean up the cause of the slippery floor or warn visitors of the hazard. Private property owners can also be held liable in slip and fall cases. Aside from slippery flooring, other causes of slip and fall accidents can be:
Failure to warn others of hazards on their premises makes property owners and managers just as liable for negligence as they would be if they had failed to appropriate repairs. While falls can be an embarrassing encounter as a best-case scenario, slip and fall accidents can cause serious injuries. People over 60 years of age are the most vulnerable to falls and the age group most likely to get seriously or mortally injured from slip and fall accidents. Slip and fall accidents can cause the following injuries.
A slip and fall claim is meant to provide the injured party with recourse to ask for compensation for the injuries they sustained. A claim may be a request for financial help with medical costs incurred as a result of the injury, lost wages, personal property damage, pain and suffering, as well as ongoing and future care if the injury caused a permanent disability. You can file a slip-and-fall claim with the property owner’s insurer or file a lawsuit and bring the matter through litigation. Whichever route you choose to pursue, getting the help of an experienced New York slip-and-fall attorney can be beneficial. A skilled attorney can help you seek compensation for your injuries especially if the property owner’s negligence caused the accident. Our team of Brooklyn accident attorneys at Kucher Law Group can also help you understand your rights under the law. Contact our office today at (929) 274 8000 to schedule a free consultation. New York Laws Regarding Slip and Fall ClaimsWhile slip and fall personal injury claims fall most on premises liability, there are other factors that can affect whether a claim would be successful or not. Personal injury claims in New York are also subject to comparative negligence compared to other states. Comparative negligence means that an injured party can still be eligible for compensation even if they are partially accountable for the accident that caused their injury. Even if a person is 70% liable at fault in an accident, they can still claim 30% of the compensation they would get if the responsible party was 100% negligent. There is no one accurate way of determining if someone is legally responsible for your injuries in a slip and fall accident. In general, property owners must make sure that there are no dangerous conditions that can put a person at risk of serious injury. If the property owners knew of the risk and did not do anything to prevent or warn people of the risk, they could be held liable should an accident happen on their premises. Some other instances where the property owner can be held liable are the following:
Negligence on the part of the property owner must be established. If a property owner has diligently provided warnings of dangerous conditions and properly maintained the safety of the premises, the slip and fall claim may not be successful. What Should You Do When You Are Injured in a Slip and Fall Accident?Getting into an accident can be a cause for panic for many, however, it is important to keep a level head and be as calm as possible. After a slip and fall accident, here are some tips that may help you file a successful slip and fall claim. Collect as much information as possibleAfter a fall, you may be disoriented or overwhelmed especially if you are in an unfamiliar place. You may get the help of a trusted friend or family member to collect the following information or jot them down as soon as it is safe to do so.
Recording the conditions of the accident as close to when the accident happened is important. Alert the authorities and file a reportIt’s important that you notify any authorities after an accident. If you were injured in a store or a private property, informing the store manager or the homeowner is important. Most businesses also have a safety protocol they are required to follow in cases of accidents such as taking the injured person to a safe place to avoid the public eye or providing first aid on the spot. You may be required to fill out an accident and incident report if the accident happened in a public place, writing one up in case the incident happened on private property is also a good idea. Make sure to have someone witness the document as an extra precaution. Taking photos of the location of the accident can also help in substantiating the conditions of the accident. Any photos of your injury after the accident and how it progresses can also help in strengthening your claim. Seek immediate medical helpConsulting a physician should be the highest of your priorities after an accident. Contact 911 immediately if you require emergency medical attention. The most common injury caused by slip and fall accidents is broken bones and fractures and while you may feel fine shortly after an accident, a fracture may worsen over time. Getting examined by a qualified medical professional is crucial in the first few hours after an accident. File a personal injury claim for compensationIf you have been injured as a result of a slip and fall accident, contacting a New York personal injury attorney who is knowledgeable on slip and fall accidents is crucial. A skilled attorney would be able to investigate the circumstances and basis of your case. The window of time you can file your claim may be limited by the statute of limitations on injury claims in New York. The statute of limitations in New York for injury claims is three years from the day the accident happened. Our team of New York personal injury lawyers at Kucher Law Group has helped families seek compensation from the negligent parties responsible for slip and fall accidents. We may be able to help you file a claim for medical costs incurred by your accident. For more information, call us today to schedule a consultation. Things to Avoid After a Slip and Fall AccidentEven if you have a valid claim, it’s important to remember that some actions can undermine the validity of your claim or impact the amount of compensation you receive. Injured parties should take note of the following:
Avoiding these situations may help ensure the success of your case. Your attorney can also advise you on anything you should look out for once your claim has been filed. How a Slip and Fall Attorney Can HelpEach case is unique and the circumstances of each slip and fall case are rarely similar to others. It’s your attorney’s job to investigate these circumstances and evaluate your case’s chances of success. Your attorney will hear your side of the case to determine any crucial information. To supplement the information you provide, your attorney can also examine the accident scene and interview the witnesses. An attorney also has the authority and resources to investigate whether there is a history of the property owner being negligent. Your attorney may also consult medical professionals about your injuries to determine the amount of compensation you should pursue taking into consideration any future consequences of your injuries. Your attorney will also act as your representative and can keep insurance adjusters from harassing you to accept a settlement that doesn’t meet the amount you deserve. Most importantly, an attorney can represent your interests and protect your rights if your case goes to trial. Getting the Help of an Experienced New York Slip and Fall AttorneyIf you or a loved one has been injured in a slip and fall accident, it is crucial to consult a qualified New York personal injury attorney as soon as possible. At Kucher Law Group, our team of New York personal injury attorneys, led by top-rated New York slip and fall attorney Samantha Kucher, provides quality legal counsel and representation to individuals injured due to the negligence of others. We provide compassionate assistance and invest time and effort in investigating the details of each case we handle. Regardless of whether you have been injured on public or private property, our attorneys are equipped to hold the negligent party accountable for their actions. Contact our office today at (929) 274 8000 to schedule a free consultation. We serve the areas of Brooklyn, the Bronx, Manhattan, and other areas in New York. Via https://www.rrklawgroup.com/how-to-file-a-slip-and-fall-claim-in-new-york/ A car accident is defined as an accident that happens when a car hits a person, an animal, an object, or another vehicle, and causes significant injury and/or property damage. In 2021, almost 165,000 people were injured in car accidents in New York City. The National Safety Council estimates that there have been 21,300 motor-vehicle deaths in the US in the first half of 2022. In New York City, 54 deaths have already been recorded in the first three months of the year alone, almost a 45% increase since the same time frame in 2021. If you have been involved in a car accident, it is important to get the help of an experienced Brooklyn car accident attorney. At Kucher Law Group, we provide skilled legal counsel and representation. We may be able to help you file a claim for compensation after your car accident. Call us today at (929) 274 8000 or fill out our online form to schedule your free consultation. Car Accidents vs. Car CrashesDue to these devastating statistics, there have been discussions among experts and safety advocates on changing the terminology surrounding car accidents. According to road safety advocates, car accidents connote that drivers involved in the collision hold no fault for causing the incident. On the other hand, car crashes reflect the fact that one or more of the drivers involved made poor judgments that resulted in the accident. According to research by the National Highway Traffic Safety Administration, driver error remains to be, by and large, the major cause of auto collisions. Speeding, running the red light, distracted driving, speeding, failure to yield, and other similar actions constitute negligent driver behavior. Drivers have a duty of care to each other and are required to adhere to traffic laws. Negligence is defined as a breach of the duty of care expected of everyone using the roads. Traffic law is meant to dictate the rules of how to practice this duty of care in the interest of keeping everyone safe. When people deviate from the law, car crashes can occur. Car crashes can be inconvenient at best but fatal at worst. Aside from medical expenses, the cost of rehabilitation and lost wages can leave a significant financial impact on a victim’s life. That is beside the personal, emotional, and psychological effects a car crash can have on a victim and their family. When the crash is caused by negligent or reckless behavior, it can further magnify the pain and suffering the victim is already experiencing. At Kucher Law Group, we understand how helpless it may feel to be unsure about the next steps you should take after a car crash. Our experienced New York City car accident attorneys may be able to guide you on the legal measures you can take. Call now at (929) 274 8000 to schedule a consultation with one of our top-rated attorneys. Third-Party NegligenceHowever, car collisions and accidents can also be caused by third-party negligent behavior. Third-party negligent behavior can be the failure to maintain roads or remove hazards that can cause accidents. The government has a duty to maintain the roads for the safe use of pedestrians and motor vehicles. Third-party negligence can be seen in the following:
Businesses and car manufacturers can also be liable for third-party negligence in the cases of the following:
If you have been involved in a car collision due to third-party negligence, getting the help of an experienced New York City personal injury attorney is necessary. Our team of skilled Manhattan personal injury attorneys at Kucher Law Group understands the inconvenience, stress, and frustration being involved in a car crash can cause. It may be difficult to establish negligence and premises liability in a third-party claim without the help of a qualified personal injury attorney. Especially in a case involving third-party negligence, our team can help you in filing a claim against the negligent party to pay for the damages incurred. Call us today at (929) 274 8000 to schedule an appointment. What Should You Do After a Car Crash?Regardless of how carefully you drive and follow traffic rules and regulations, the chance of being involved in a car crash still remains. Here are some actions you can take to help protect your rights and increase your chances of getting fair compensation: Seek Medical AttentionYour priority after being involved in an accident should be your well-being. Damaged property can be replaced. Even if your injuries appear minor outwardly, you need to rule out the possibility of internal ailments that cannot be seen immediately. Car crashes can result in:
It is important to make sure that you address your medical needs first before taking other actions after a car accident. Document Any Injuries and Property DamageAny medical records or receipts you get can serve as evidence supporting your personal injury claim. It may also be helpful to ask a friend or other trusted individual to help you in documenting the scene of the accident or property damage while you recuperate. Photos of the extent of your injury would also be helpful in establishing your case. File a Police ReportAfter the accident, you may need to file a police report if one was not lodged at the scene of the crash. You will need to fill out a form and mail it to the Department of Motor Vehicles in Albany. The completed form will be helpful in validating the fact that you were indeed involved in a crash. Refrain From Making Statements About the AccidentIt may be tempting to post about your experience on social media or to talk about it with your friends and family. However, any statement you make about the incident may be held as an admission of guilt or laying blame on the other party or parties involved in the crash. An insurance adjuster may use any statements you make as evidence to avoid paying you the settlement amount that you rightfully deserve. Consult an Experienced New York City Car Accident LawyerOne of the most important things to remember when filing a personal injury claim after a car accident is to never take a settlement over the incident before consulting an attorney. Under New York’s no-fault laws, insurance companies are the first entity that people turn to for compensation after an accident. However, in the interest of profit, insurance companies may engage in activities that shortchange the victim. In some cases, insurance companies may outright refuse to pay a settlement. Having the help of an experienced Manhattan car accident attorney will allow you to be more confident that your rights are protected. At Kucher Law Group, we pride ourselves in our policy of keeping our clients’ rights and best interests a priority. Samantha Kucher, a top-rated Manhattan car accident, and personal injury attorney have helped many families claim compensation for the troubles they encountered after a car accident. We can help you negotiate a fair settlement but are willing to provide aggressive legal representation if the matter comes to court. Schedule a consultation with experienced New York City personal injury attorney Samantha Kucher. Call us today at (929) 274 8000 for a free consultation. Via https://www.rrklawgroup.com/what-is-the-definition-of-a-car-accident/ Bedsore lawsuits can be valued anywhere between low five figures and several million dollars depending on the particular case. However, nothing is guaranteed. The value of a bedsore lawsuit can be affected by many things, such as the location where the lawsuit is filed, the resident’s overall health, relationships with family members, the insurance coverage available, and the skills of the attorney. A case that is otherwise strong could be made less so by a specific set of facts. Families can file a bedsore suit against negligent nursing homes to recover financial damages for the pain and suffering and make it easier to get the care their loved one deserves as well as to move them to another facility. Each case is different and each individual has a unique set of circumstances that will impact the final outcome. A thorough analysis of the case by a qualified New York City bedsore lawyer may help determine the average amount of a lawsuit for bed sore injuries. Kucher Law Group may be able to help you. Call us at (929) 274-8000 to speak with our experienced NYC bedsore attorneys. Factors That Can Make a Bedsore Lawsuit Worth MoreEvery bedsore case is unique. There is generally no standard procedure as to what can make the lawsuit worth more. Usually, the greater the strength of the case, the higher the likelihood that the nursing home will pay to settle the matter. There are also other factors that will likely make the case worth more. In many cases of bedsore litigation, the nursing home may be able to defend itself by claiming that the resident was unable to avoid the injury. The nursing home could not have prevented the bed sore from developing, no matter how hard they tried. Diabetes, End Stage Renal Disease, Peripheral Artery Disease, and Cancer can all be used to defend against bedsore lawsuits. Your case may be stronger if the resident has fewer or no comorbidities at all. Judges and members of the jury also respond to the residents’ lives in the community, as well as the family of the victim. Nursing homes are more likely to be more willing to settle if the resident’s family is very involved in the resident’s life and has cared for them for a long time. These family members may make better witnesses should the case reach court. In bedsore cases, the majority of evidence is found in hospital records and nursing home records. These documents can be used to prove abuse or neglect and can make the bedsore lawsuit stronger. Another factor that can help raise the value of a bedsore lawsuit is when a former or a current employee of the facility testifies. If the former employee speaks about what they saw or how the policy and procedures were implemented at the nursing home and may have caused the injuries this can be helpful to your case. Some of the most valuable testimony can come from the employees of nursing homes. Lastly, a bedsore case is sometimes dismissed by less experienced attorneys as not worth pursuing. Having a skilled attorney by your side is another factor that may raise the value of your lawsuit. An experienced lawyer can show that a series of actions on behalf of the facility resulted in the resident’s bedsore. The case will be more valuable if the jury can see that the injuries were a predetermined outcome based on policy or budget and not only simply neglect. Speak with a highly rated Brooklyn personal injury attorney at Kucher Law Group today to learn more. What Makes it So Difficult To Determine The Value Of A Bedsore?Simple answer: Nursing facilities want to keep settlements a secret. A nursing home negligence or malpractice settlement is often kept secret from the public, unlike class action settlements. Hospitals and nursing homes hate negative publicity so they work hard to keep these settlements kept confidential. Bedsore cases are often settled through arbitration. This is because the contracts that people sign to place their loved ones in a nursing home or hospital require arbitration in case of a dispute. Arbitration settlements are kept secret from the public and cannot be discussed by the attorneys with their colleagues or with other clients. Seeking the Legal Advice of an Experienced Bedsore LawyerFamilies are sometimes reluctant to make objections about their loved ones’ care, fearing the consequences of a complaint. However, it is important to hold the facilities responsible for any neglect that results in a loved one’s decline in health. A loved one’s health may be at risk if signs of neglect are not reported. While making a positive difference in others’ lives, you can also ensure that the loved one receives the compensation they deserve. Call the bedsore lawyers at Kucher Law Group today to schedule a consultation. Free consultation: (929) 274-8000. Via https://www.rrklawgroup.com/how-much-is-a-bedsore-lawsuit-worth/ Traffic laws are designed to keep those who share our roadways safe. Here in New York City, we are a dense metropolis with many cars, trucks, public transportation vehicles, pedestrians, and cyclists all maneuvering the same city streets. And while our traffic laws have been developed so each party shares responsibility, when so many vehicles and people occupy the same geographic area, there are bound to be issues. In addition to that, when parties fail to take their responsibility seriously and behave negligently, accidents and injuries can result. Being injured in a car accident can be overwhelming and financially challenging. On top of medical bills, there are also injuries that you need to tend to as well as time off work. Seeking the help of an experienced New York City car accident attorney may be able to help you recover the compensation you deserve. The experienced lawyers at Kucher Law Group may be able to help. Call us today at (929) 274-8000 to schedule a consultation. The Dangers of Failure to Yield AccidentsAccording to traffic law, right-of-way means the right to proceed. When two vehicles or parties come to or occupy the same area or intersection simultaneously, one of these parties will lawfully have the right-of-way. All states have laws that detail circumstances when a driver, cyclist, or pedestrian has the right-of-way or must grant the right-of-way to another party. The National Highway Traffic Safety Administration has reported that failure to yield accidents were the fourth leading cause of fatal crashes in the United States in 2018. Failure to yield the right-of-way also accounts for the rising number of pedestrian and cyclist deaths in New York City. New York has specific right-of-way laws and state legislators have implemented stricter laws, increased penalties, and deployed additional safety features to ensure that everyone understands and considers their rights and responsibilities. Unfortunately, right-of-way violations in New York City are still one of the leading causes of fatal injuries each year. When Do Failure to Yield the Right of Way Laws Apply?Failure to yield situations most often occur at intersections, including
Furthermore, drivers in other situations can be cited under failure to yield the right-of-way laws. These can include
Right-of-Way Laws For Motorists in New YorkVery few of our city streets are high-speed areas. For the most part, our traffic moves at a slower pace, but it also sees extensive bicycle and pedestrian traffic. In New York, we have specific laws regarding failure to yield for drivers of motor vehicles:
In New York, cyclists are subject to all the rights and responsibilities of motorists and must follow all the right-of-way laws that drivers of motor vehicles are subject to. New York Right-of-Way Laws for PedestriansPedestrians are also responsible for their own actions on our streets in New York City. While drivers of vehicles have the bulk of the responsibility for yielding the right-of-way, pedestrians who do not follow their own rules can be held accountable if an accident results. Pedestrian failure to yield laws include:
How Does Failure to Yield the Right-of-Way Affect Liability in an Accident?When an accident occurs as a result of someone’s failure to yield the right-of-way, the individual who failed to yield will typically be held liable for any damages that resulted from that failure. As in all other matters of personal injury, negligence is an important component of liability when an accident results from a failure to yield. If an accident and injury results, it must be proven that the party who failed to yield was behaving negligently. To prove negligence in a failure to yield the right-of-way accident,it must be established that
In some cases, a defendant may argue that the injured party was partly to blame for the accident and injuries. New York law considers comparative negligence when more than one party is at fault for an accident. If the injured party is partially at fault for the accident, their recovery will be reduced by the percentage of their fault. What Should You Do After a Failure to Yield the Right-of-Way Accident?If you have been injured by a driver who has failed to yield the right-of-way, you may be entitled to compensation for your injuries. These can include
If the accident resulted in a fatality, family members may have the right to seek wrongful death damages to be compensated for their damages as a result of the loss of their loved one. After a collision caused by a failure to yield the right-of-way collision, you should take immediate action and get medical assistance as soon as possible. Call police to report the accident and exchange all contact information with any other drivers who were involved as well as any other witnesses who can confirm the cause of the accident. Take photos of the area, traffic signs or signals, any skid marks or debris, and make notes about the circumstances of the accident. All this information may be needed as evidence in a personal injury claim. Get Experienced Legal AssistanceProving negligence after a car accident can be complicated. It is to your advantage to get a skilled legal professional to fight for your compensation and your legal rights. As the injured party, you will have the burden of proof in any accident claim and it is important to have an experienced car accident lawyer on your side to help navigate any injury claim. At Kucher Law, we are highly experienced New York City car accident attorneys who can hold the at-fault party accountable for your injuries. We offer a free consultation and never charge legal fees unless we recover compensation on your behalf. Call us at (929) 274-8000 or contact us through our website contact form. Via https://www.rrklawgroup.com/what-does-yielding-the-right-of-way-mean/ With the rise of scooter sharing, comes the risk of accidents. According to the National Highway Traffic Safety Administration (NHTSA), there were over 2 million injuries related to motorized vehicles between 2008 and 2017. This number is expected to increase due to the growing popularity of scooter sharing. Scooters are not designed to carry passengers, so it’s important to follow safety precautions. The NHTSA recommends wearing protective gear like helmets and eye protection. Always wear a seat belt, and never ride under the influence of alcohol or drugs. Kucher Law Group in New York can help you and your family members if they were hurt while riding on an e-scooter. Our Brooklyn e-scooter accident lawyers are experienced in protecting your rights. Our legal team represents injury victims in New York City. We serve Brooklyn, Queens, and Manhattan as well as Staten Island, Long Island, and Westchester County. For a free consultation, call (929) 274-8000 Analysis of electric scooter user kinematics after a crash against SUVThis article presents the results of the analysis of electric scooter user kinematics after a crash against a vehicle. The share of electric scooters (e-scooters) in urban traffic has been growing in recent years. The number of road accidents involving e-scooters is also increasing. However, the safety situation of electric scooter users is insufficiently researched in terms of kinematics and injury outcomes. The article presents the importance of this problem based on an in-depth literature analysis of e-scooter-related types of accidents, injuries percentages, and helmet use. Subsequently, four accident scenarios were designed and simulated using two numerical codes–LS-DYNA for handling finite element (FE) code (the vehicle and scooter model) and MADYMO for multibody code (dummy model). Scenario one is a side bonnet crash that simulates an accident when the scooter drives into the side-front of the vehicle. The second and the third simulation is a side B-pillar crash, which was divided into two dummy’s positions: the squat and up-right. The fourth simulation is a frontal impact. For each scenario, subsequent frames describing the dummy movement are presented. The after-impact kinematics for various scenarios were analyzed and discussed. The plots of the dummy’s head linear acceleration and its magnitude for the analyzed scenarios were provided. As the study is devoted to increasing riders safety in this means of transportation, the potential directions for further research were indicated What Should You Do If You’ve Been Injured in an E-scooter Accident?Samantha Kucher, a New York City injury lawyer, is involved in each case. She knows how to investigate injury claims and prepare them for court, including cases that involve electric scooter accidents. Her years of experience include a track record of settlements and verdicts that may be relevant to your case. Our lawyers are well-versed in the various injuries that can occur in bicycle, scooter, and pedestrian accidents. These include serious lacerations and road rash injuries. Our goal is to maximize the compensation we offer our clients for their medical costs, lost earnings, pain, and suffering, as well as long-term damage such as permanent disability and disfigurement. Call us today to schedule a free case evaluation at (929) 274-8000. Via https://www.rrklawgroup.com/how-common-are-scooter-accidents-in-brooklyn-new-york/ There are many older buildings in the New York area. As a result, it’s very possible to be living in a building that is at risk of leaks, roofing problems, and even ceiling collapses. This is a serious issue that can leave you dealing with significant damages and personal injury. If you or someone you know is in this kind of situation, it’s imperative to speak with a Brooklyn personal injury attorney about your rights and the steps you can take in order to be rightfully compensated for your injuries. What Might Cause a Ceiling to Collapse?Sturdy ceilings in Brooklyn and other New York City buildings are built to last. However, it is possible there may be defects in the foundation or roofing, which can result in a ceiling not being as strong as envisioned. This could happen when a building is very old or when a defect is overlooked by the construction team. A ceiling collapse could happen for the following reasons: • Improper maintenance or no maintenance at all • Weather damage including high wind, snow, or ice • Wall failure and pressure from the attic • Pipe leaks in the ceiling • Improper support in the ceiling • Violations of building code in the construction • Damage from termites or other pests • Damaged ceiling supports • Items stored on drywall instead of joists in the attic Property owners are required to ensure that their buildings are up to safety standards. If a problem occurs and the ceiling collapses, it can result in serious injuries, which means the property owner or landlord would be held liable. At the same time, liability depends on the reason behind the ceiling collapse. Your accident lawyer can determine whether you have a valid case. What Kind of Injuries Can Occur Due to a Ceiling Collapse?If a ceiling collapses, it creates a dangerous situation in more than one way. The building is exposed to the elements and has no cover. The collapse can also result in pieces of the ceiling falling on top of people inside the building, causing serious injuries. When a ceiling collapses, debris can fall inward and it can cause head, neck, or back injuries. A person can even suffer an eye injury if debris gets into their eye or strikes an eye. Slip and fall accidents are also common after a ceiling collapse. It’s common for a person to lose their balance while slipping on wet debris, falling, suffering cuts, contusions, sprains, and strains. If the fall is bad enough, they might even suffer a fracture or a wound bad enough that requires stitches. How Can You Prove Negligence By a Property Owner?You must prove negligence on the part of a property owner if you’ve experienced a collapsed ceiling and suffered injuries. Premises liability makes the landlord or property owner responsible if you can prove negligence. Property owners have a duty of care to ensure that their buildings are properly maintained in a reasonably safe manner so that residents, tenants, and visitors can remain safe. If a landlord or property owner was aware of the potential risks of a ceiling collapse, they could be held liable for damages. An accident lawyer can help you prepare your lawsuit so that you can recover compensation for your medical expenses, lost wages, property damage, and more. They can help you prepare your claim if the property owner was negligent in the upkeep of your building To speak with an experienced Brooklyn personal injury attorney, please call us at your earliest convenience. Via https://www.rrklawgroup.com/what-causes-a-ceiling-to-collapse/ The popularity of rideshare services such as Uber and Lyft has grown exponentially recently. In 2021, there were over 6.9 billion Uber rides taken worldwide. However, with new technology and growth come new challenges. According to a University of Chicago study, rideshare services have led to an estimated 3 percent rise in the number of motor vehicle fatalities and fatal accidents. If you were injured in a rideshare accident, call an Uber and Lyft accident lawyer now. What Are Your Rights After an Uber or Lyft Accident?If you have been in a rideshare accident, you probably have many questions. What are your legal rights? Can you file a lawsuit against one or either of these companies? If you are the victim of an accident, you always have the right to make legal claims. You may also be entitled to damages. Damages Could Help With: • Medical bills • The loss of ability to earn income • Loss of wages • Pain and suffering • Wrongful death Usually, you can file a lawsuit against Uber or Lyft if you were injured in an accident caused by one of their drivers. This is true for passengers, pedestrians, and other drivers. Depending on your case, you could be entitled to significant compensation and awarded damages. With that being said, many factors will play a role in determining how liability and fault are distributed. You can also recover against Uber or Lyft if you are a passenger in an Uber or Lyft vehicle and they were not at fault for the accident. In those instances if the vehicle at fault does not have enough insurance to pay for your injuries then you can recover additional compensation from Uber or Lyft. As a victim, your best course of action may involve hiring a personal injury attorney. Your attorney will represent your interests with the insurance companies. Moreover, your lawyer can help you build a solid case against a corporation such as Uber or Lyft. Uber & Lyft Accident Causes & InjuriesUnfortunately, rideshare accidents have been on the rise in recent years. With these accidents, certain injuries are often seen. This is because Uber and Lyft accidents often involve distracted driving and negligence. Common Uber & Lyft Accident Causes: • Distractions on the road • Texting or phone use while driving • Sudden stops • Unfamiliarity with new neighborhoods • Intoxication/ DUI • Vehicle malfunctions or poorly maintained vehicles • Poor visibility at night • Inclement weather Common Injuries: • Whiplash • Spinal Injuries • Head Trauma • Broken Bones • Bruises • Lacerations • Internal Injuries Do Rideshare Companies Have Insurance?Yes, rideshare drivers and companies are required to carry a minimum amount of liability insurance. In NYC, $1 million in liability coverage may be required. Outside of New York City in other areas of the state, this amount can be as high as $1.25 million. These policies are in place to provide coverage for anyone injured in a collision. Insurance laws vary from state to state. Contact one of our attorneys for a full rundown of New York’s minimum insurance laws. We can schedule a case consultation for you right away. What are the Most Common Reasons Uber or Lyft are Sued?Negligence is the primary reason that lawsuits are filed against Lyft or Uber. Uber and Lyft drivers may be financially motivated by delivering and picking up passengers expediently. This can lead to a lack of care and negligence on the road. Proving negligence can be complex. An attorney can assist you as you proceed with filing claims and building your lawsuit. For instance, your attorney would be able to uncover whether the driver at fault had a history of reckless driving, drunk driving, or traffic offenses. There could also be negligence on the part of Uber or Lyft. How well were drivers trained? Were all drivers screened thoroughly before the start of their employment? These are important questions that may impact your case outcome. Other Factors to Consider If you were injured due to the negligence of another driver, you may be entitled to compensation and damages. Whether you were a bicyclist, driver, motorcyclist, on-foot pedestrian, or passenger, you have legal rights in New York. If your injuries meet the legal requirements and severity levels to support a lawsuit, you could (and maybe should) consider suing for damages. Hire a Skilled New York Uber & Lyft Accident Lawyer! Call Now.Every lawsuit is different. To find specific answers to your inquiries, we ordered you to call in one of our skilled personal injury attorneys right away. If your injuries meet New York state legal requirements in regards to severity, you may be able to file a lawsuit. Careless, negligent, and reckless drivers should be held accountable for their actions. Allow one of our New York personal injury Uber and Lyft accident lawyers to assist you now! We proudly serve clients in Brooklyn, New York City, and beyond. Via https://www.rrklawgroup.com/i-was-in-a-rideshare-accident-can-i-sue-uber-or-lyft/ Ranking among the top 5 most populous states in the United States, New York state has a high number of car collisions. Busy traffic leads to the inevitability of car accidents, which in turn result in injuries and even fatalities. That’s why it is so important to understand the insurance policy and consult a top-rated car accident lawyer if you or your loved ones is a victim of a car accident. What Is a No-Fault Law in NY?The No-Fault law can sound confusing to people who hear about it for the first time. One should know that the law does NOT mean nobody would be held at fault for a car collision. The No-Fault car insurance system exists in more than a dozen states in the US including New York. The No-Fault law was adopted in NY in the 1970s to help people get compensation faster and to provide financial aid to car accident victims more quickly. The law applies to everyone who got involved in the car accident including pedestrians, cyclists, drivers, and passengers of the vehicles regardless of who was at fault. The victims of the motor vehicle accident can have their crash-related medical expenses, lost earnings, and incidental costs covered by the insurance company. Who Can Qualify for No-Fault Insurance in New York State?The No-Fault law in NY state applies to pedestrians, cyclists, drivers, and passengers who got injured by a motor vehicle. There are several conditions that one must meet to qualify for No-Fault insurance coverage:
Who does not qualify for No-Fault insurance?
How to Claim No-Fault Insurance?Claiming No-Fault insurance can be tricky due to many rules and strict deadlines, when it comes to filing and submitting the paperwork. The application for No-Fault insurance must be filed with the insurance provider within 30 days of the car accident. The medical bills have to be submitted within 45 days of the treatment while other expenses, for example, the lost wages or household help must be submitted within 90 days. The skilled car accident attorneys at Kucher Law understand the frustration and anxiety that go hand-in-hand with a car accident and are here to help vehicle collision victims and their families ensure they get the justice and compensation they deserve. If you have been injured in a car accident in New York state, call now to schedule a free consultation with a top-notch car accident lawyer, (929) 274 8000. Via https://www.rrklawgroup.com/is-new-york-a-no-fault-insurance-state/ |
About UsOur New York trial attorneys are committed to helping people achieve the justice they deserve. At Kucher Law Group, we are confident in our results and prove this by never charging any upfront fees. If we don’t win, you don’t pay a penny. We also pride ourselves on our ability to be available for our clients, 24/7 when tragedy or questions arise. FIND US ONLINE Bitly Box Diigo Dropbox Evernote Postach.io Histre Inoreader Instapaper Nimbus OneDrive Onenote Raindrop.io Todoist Toodledo Trello Tumblr Weebly Wordpress Blogger Google Drive Youtube Map Related Links About.me Behance.net Dribbble.com taplink.at Gravatar.com Carrd.co Minds.com Justpaste.it issuu.com bio.link Solo.to Archives
January 2023
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