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Month: February 2015

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Time You Have to File: Premises Liability Claims

How long do you have to file a premises liability claim?

If considering a premises liability or injury claim, it is important to act quickly. After an accident, an injured party could risk losing available legal options if he or she allows the statute of limitations to expire. A statute of limitations provides a deadline within which a particular legal claim must be initiated. When there is concern regarding the validity or timeline of a possible premises liability claim, it is best to seek an evaluation from an attorney.

The time limit or statute of limitations for a specific case in New York depends on state laws and the specific details of the accident. If the victim is a minor at the time of the accident, the time limit may begin upon the victim’s 18th birthday (excluding wrongful death cases). By acting quickly after an accident, it will allow ample time to prepare the claim and gather evidence.

Through a civil claim, the injured party or the family of a deceased individual can seek compensation for monetary damages that occurred because of negligent or dangerous conditions. Claimants may find it more difficult to validate a lawsuit after several years, but it is always worthwhile to fully explore the possibility of financial recompense. The statute of limitations for a premises liability claim in New York is generally three years from the date of the injuries or the accident which caused them. There are exceptions, particularly with regard to claims against the state of New York.

As state laws regarding injury claims change quite frequently, it is best to seek an individual case evaluation. This process can reveal specific possibilities for a successful premises liability claim. After an injury, it can be overwhelming to face the recovery process, medical bills and emotional trauma in addition to a legal claim. Fortunately, victims do not have to face this alone. To avoid conflict with the statute of limitations, it is best to get deserved assistance promptly.

Source: Findlaw, “Time Limits to Bring a Case: The “Statute of Limitations“”, Accessed on Feb 9, 2015

discussing vehicle accident case and client injuries

Hiring Attorneys: What to Do If You Slip and Fall

Regardless of the precautions taken, the negligence of others may lead to your serious injury. For example, an injury may occur because of reasons out due to lack of maintenance and upkeep of a property or the creation of dangerous conditions such as hidden traps etc. Here are a few important steps to follow if you decide to file a slip and fall lawsuit.

1. Recall & record everything that happened.

You will need all of this information when you consult your attorney and doctor. Take pictures of the area where you fell and its surroundings-namely, the hazards that may have contributed to your fall such as icy patches, a faulty staircase (and the particular step that made you fall) or a poorly maintained railing. Important facts that should be included in your written report are:

  • What caused the fall?
  • Where exactly did you fall?
  • Were there dangerous conditions? If so, what were they?
  • Were there visible or hidden hazards that contributed to your fall? Take note of them.
  • Were warning signs present to alert of people of potential danger?

2. Report the accident.

Wherever you fall, you should put in a report and ask for a copy before you leave. If the incident occurred in a business such as a store, report it to the manager. If it was on private property, report it to either the landlord or the homeowner. If you injury is serious enough that you need to go to the hospital, it is best if you have the ambulance pick you up from the location.

3. Promptly make a doctor’s appointment.

Even if the injury sustained is minor, still visit your doctor to get a proper check up. He or she may need to take x-rays or perform other tests. Be sure to provide accurate and truthful details on what happened so that he or she can provide an accurate report, diagnosis and treatment options as needed.

4. Hire an experienced attorney.

If you slipped and fell due to someone else’s negligence, having an attorney by your side is vital. You need someone to help you navigate through the legal system and to fight for you to recover compensation for your medical treatments or lost wages. The expert attorneys at Daniella Levi & Associates, P.C. can help you with your case.

Remember to always be aware of your surroundings. If you do find yourself in a slip and fall accident, having the right kind of Accident Attorney on your side can make all the difference in your settlement. Come in today for a FREE consultation or give us a call at (718)-380-1010.

workers compensation in New York

Legal Advice: What to Do if Injured on the Job

What to Do If You Are Injured on the Job

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What if you are on the job and you require medical treatment, rehabilitation or are left unable to work because of sustained injuries or illnesses? Here is some Workers’ Compensation 101 to clear up some questions you may have:

What is Workers’ Compensation?

Workers’ Compensation, also known as Workmen’s Comp, is a form of insurance paid for by the employer to cover any injuries that may occur on the job. It can cover medical expenses, rehabilitation expenses and disability coverage to compensate for lost wages.

Worker’s Compensation can also cover pre-existing conditions if the condition was made worse as a result of your job. Illnesses as a result of being exposed to something while you are working are also included in coverage.

If an employee is temporarily unable to earn wages because of his or her injury, they generally receive provisional disability payments of two-thirds of their wages or up to a fixed amount set by law. However, if an employee if left permanently incapable of doing the work prior his or her injury, they could be entitled to receive a lump-sum or long term benefits. Workers’ Compensation also pays death benefits to the dependents of the worker who had passed away due to his or her work-related injuries.

When are you covered for Worker’s Compensation?

You can file for Worker’s Compensation if you are injured on the job, doing something that your employer asked you to do and when you are in area that your employer owns such as a parking lot during work hours.

What do I do if I have been injured on the job?

  1. Seek medical help and treatment from a health care provider that has only been authorized by the Worker’s Compensation Board, except in the case of an emergency. Make sure to list all your medical and physical complaints truthfully and accurately. This is important to receive the right treatment; in addition, this information will be used to build your case, so be sure that the medical worker records everything. Let the staff know that this occurred during work. By doing so, your bill will be sent to the workers’ compensation insurance company or your employer, and not to you.
  2. Notify your supervisor promptly and inform them how the situation occurred. If you fail to inform your employer of your injury within 30 days in writing, it is possible to lose rights to workers’ compensation benefits. In the case of an illness, you must notify your supervisor within two years of disablement.
  3. Fill out and complete a claim for workers’ compensation and mail it to the nearest Workers’ Compensation Board.

What is a third-party claim?

In certain situations, a worker that is also injured on the job may also be entitled to make a third-party claim. A third-party claim is when an injured worker can sue a third party that is not their employer but that he or she believes to have been involved in the incident that caused his or her injuries. An example of a third party claim would be if a mailman was delivering a package to a home and a dog attacks him or her. The mailman may be able to file a suit against the property owner or the dog owner. Another example is if an employee sustains an injury while operating machinery on the job and he or she believes it may have been caused by faulty manufacturing or a faulty product.

What is excluded from Workers’ Compensation?

It is possible for coverage to be denied if your situation includes any of the following:

  • Self-inflicted injuries
  • Injuries as a result of horseplay
  • Felony-related injuries
  • Injuries caused by drugs or intoxication
  • Injuries as a result of a fight started by the employee
  • Injuries claimed after the employee has been laid off or terminated
  • Injury that occurred while the employee was off the job.
  • If you are an independent contract worker

Worker’s Compensation laws are similar throughout the states, however, each state has different policies about how to file claims, eligibility, and the amount of benefits. If you find yourself in this situation, it is important to stay informed about your rights as a victim throughout this tricky and sometimes complicated process. The extensively experienced attorneys at Daniella Levi & Associates, P.C. are ready to fight for you. Call (718)-380-1010 if you would like a completely free consultation.

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Negligent Maintenance in Civil Claim or NY Lawsuit

Establishing negligent maintenance in a civil claim

Negligent maintenance and poor property conditions may be the cause of what initially seems to be a simple accident on property belonging to another party. Essentially, private or commercial property owners could be financially liable if certain hazards endanger the well being of someone lawfully on the property. Establishing negligent maintenance as the reason for an injury may be challenging, but it is possible to provide evidence and documentation in order to secure a successful outcome to a premises liability claim.

When a New York state resident enters either private or commercial property, he or she does so with the expectation of safety. When an accident occurs, the injured party should first seek any needed medical assistance. This also provides documentation that could be useful for validating a civil claim filed against the property owner and/or another party in control of the premises. It can be beneficial to secure any type of documentation that could support a claim, including photos of property conditions or injuries.

It can be difficult to firmly establish that a property owner was negligent, especially if there is a dispute regarding whether the injured party was invited onto the premises. Numerous factors will be considered, including the condition of the property, the normal use of the property and the reasons that the injured party was on the property. These cases can be rather complex, but the injured victim will find it useful to have assistance from a New York attorney experienced in handling premises liability claims.

A claim based on negligent maintenance may the best choice for someone injured on the property of another party, but it is best to explore all available options before filing a claim. A victim may first seek a complete case evaluation in order to determine the best course of action after an injury. Understandably, it is best to reach out for help as soon as possible after an accident.

Source: Findlaw, “Premises Liability: Who Is Responsible?“, Accessed on Feb. 3, 2015

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