500 MILLION

DOLLARS FOR OUR CLIENTS

Free Consultation

500 MILLION

DOLLARS FOR OUR CLIENTS

Free Consultation
nystla
million dollar advocates
nystla
million dollar advocates

Because Your
Life Matters

At Greenberg & Stein we firmly believe all accident victims are entitled to justice.
If you or someone you love was injured through someone else’s wrongful, negligent or careless actions, you are legally entitled to open a personal injury claim. Our New York City personal injury lawyers are your advocates pursuing maximum financial compensation on your behalf.

ABOUT US
Over
6000
CASES WON
Over
76
YEARS OF EXPERIENCE
Over
500
MILLION DOLLARS WON

Seeking Justice,
Getting Results &
Recovering Millions

We have recovered millions for victims of injustice and injury caused by others.
Click below to see….

Award

$5,483,200

Slip and Fall in Hospital – neck, back & knee surgery for fifty (50) year old Home Health Aide.

The verdict was featured in New York Magazine’s top 25 Verdicts of 2015.

Award

$5,172,271

Automobile accident – fractured skull, traumatic brain injury.

Award

$4,438,120

Slip and fall – fractured wrist – surgeries.

Our Attorneys

Seth M. Greenberg

PARTNER
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Joshua N. Stein

PARTNER
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A picture of John Kouropas, partner of Greenberg & Stein

John K. Kouroupas

PARTNER
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Ian Asch

PARTNER
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We Have Experience in
Construction Accidents

Scaffolding
Accidents

Fires, Explosions,
and Burns

Forklift
Accidents

Crane
Accidents

Falling
Objects

Dangerous
Machinery

Electrocution and
Electrical Shock

Dangerous
Job Sites

Testimonials

Bonddy RamosBonddy Ramos
15:40 31 Aug 23
Greenberg and Stein are a top- notch law firm. Both Mr. Greenberg and Mr. Stein are very knowledgeable and professional. They go above and beyond for their clients. They took the time to hear all my concerns and clearly, concisely outlined all the different steps that had to be taken to have a successful outcome with my case. Along with an amazing office staff and an exceptional, smart, NEVER GIVE UP ATTITUDE paralegal Mr. Nelson Nieves who took his time and dedication to guide me through the process. Needless to say I am very grateful for my experience with them. I would recommend them to all my family and friends as the best injury attorneys I know.
Minerva PenaMinerva Pena
01:26 31 Aug 23
I completely recommend this law firm! My attorneys and Nelson are the best!!! I loved their ethic, attentiveness, dedication and all my $$$$!!! 🙂
Ines ReyesInes Reyes
14:30 09 Aug 23
Thank you Mr.GreenBerg &Stein with all that you guys have done for me, it was a actual pleasure working with you guys and making it a comfortable Journey you guys are awesome…
Prince DialloPrince Diallo
15:47 19 Jul 23
Mike PerezMike Perez
21:12 03 May 23
My experience with Greenberg & Stein was efficient. I believe in efficiency. They were straight to the point and honest. I could not ask for anything more.
Alfred VillamarAlfred Villamar
06:55 04 Mar 23
I first went to another law firm, but was treated like my case wasn't important so I went to Greenberg and Stein and it was the best decision in my life. Was treated with respect and they got me want I believe my case was worth. I would recommend this firm to anyone that wants to get treated fairly and get paid an amount that you will be happy with.Alfred Villamar.
Raul MelchorRaul Melchor
00:55 07 Feb 23
I would like to thank Greenberg & Stein who was recommend by a friend for there outstanding service. This is the first time I ever needed legal representation for an accident. Nelson was very professional and great at communicating with me. Nelson is the definition of one phone call away. I would highly recommend Greenberg & Stein for your legal needs.
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Frequently Asked
Questions

Personal injury is the legal term for a physical, mental or emotional injury sustained. This is in contrast to damage or loss of someone’s property. Personal injury most commonly refers to the field of law dedicated to recovering compensatory damages for the injury done, if it was sustained due to another person’s negligence or wrongdoing. The field of personal injury falls under the greater category of tort, which is the legal term for a civil wrong done by one person to another.

The question: what is negligence, comes up all the time on our work. In the legal field, negligence is when one person fails to act to the standard of behavior expected of a reasonably prudent person in the same circumstances. Negligence usually results in harm to either the individual themselves or someone else and these harms are what lead to personal injury claims. Unlike other areas of law, torts of negligence are governed by subjective standards of behavior rather than statutory requirements for conduct, such as in criminal law. The proof of negligence first begins with stating that the defendant’s behavior was qualitatively below that of any other reasonable person in similar circumstances. With “reasonableness” being the standard for conduct, discussions over whether a defendant is actually guilty are understandably complicated.

A Reasonable Person

The first important point about the hypothetical reasonably person in negligence claims is that the standard for reasonableness will vary depending on the circumstances of the incident. When determining what a reasonable person looks like for the situation under question, the law takes into account several factors concerning the individual under question. Questions of knowledge, skill and capacity are all asked when determining how the individual would be expected to act in that situation and whether they failed to meet that expectation.

A person is judged by their knowledge of how to reasonable act or react in a particular situation through observation and experience. Knowledge involves accounting for obvious facts of life such as the danger of using fire hear gasoline or the danger of night driving without headlights. A person cannot claim that they did not know basic truths that are commonly known by the community. They have a duty to know and a duty to act on that knowledge. Failure to act based on that knowledge is considered negligent.

Physical characteristics are also examined when considering the hypothetical reasonable person. This means that the defendant’s physical attributes, such as their ability to see, hear and act, can contribute to the behavior that is expected of them. Additionally, physical characteristics can also dictate how a person is expected not to act. For instance, it is obvious that a person determined as legally blind should not operate a semi-truck at night. Disregard for physical impairments can be cause for negligence because the person knows of their own physical state and should act within their own physical limits so as to protect themselves and others from harm.

Any person determined to have a special set of skills because of education or occupation may be subject to higher standards of conduct. Such persons, because of their increased influence over the community, are expected to exercise more care for others because they have the ability to cause greater harm if they act negligently. Doctors, manufacturers and employers are examples of persons with positions of power and influence over the well-being of others to a greater degree than the lay man. This means that the hypothetical reasonable person in a question of negligence concerning a surgeon would have acted to a greater degree of care because of their occupation and skill.

There are several factors that may excuse a certain individual from the expected behavior of a reasonable person. The mental capacity of a person can decrease the expectations for their behavior, such as in the case of a mentally disabled person who causes a public disturbance in a local movie theatre. Mental capacity, along with physical capabilities, also allow for more lenient standards of conduct for young children. While children can act negligently, the expectation for their conduct is measured by that of a child their same age with the same experience and in the same circumstances.

Lastly, emergency situations will undoubtedly change how a reasonable person is expected to act. Because of the unexpected and uncontrolled nature of emergencies, there is a general understanding that the margin of error is and should be larger for people caught in emergency situations. This means that there is more empathy for those who make errors in judgment because they were in an emergency situation. The court must then determine whether the person’s response to the situation was the same as how a reasonable person would have reacted. Emergency situations, while they cannot be controlled, can sometimes be foreseen. The foreseeability of an emergency can be cause of negligence if the court determines that the person had ability and duty to anticipate and therefore prepare for the situation.

Defenses against Negligence

On the flip side of proving negligence, there are several key elements to a situation that may offer defense against being held liable for damages. First, it is often true that there is more than just one negligent person involved in an accident. This is referred to as contributory negligence and as the name suggest, it allows for an injured person who’s own negligence contributed to their harm to be held liable for their own injury. The principle of contributory negligence restricts the plaintiff who contributed to their own injury from seeking any damages from another participant in the accident.

Another defense against negligence liability is that of comparative negligence. Unlike contributory negligence, comparative negligence determines liability based on the degree of fault each person has in causing the accident. This principle has been adopted by most states, as opposed to contributory negligence, because it allows for a fair decision in liability claims. Under comparative negligence, if an injured person accumulated medical expenses amounting to $10,000 and the court found that they were 75% responsible for causing their own harm because of negligence and the defendant was 25% responsible, both individuals will be compelled to pay the same percentage of the medical bill. The defendant will be required to pay $2,500 and the injured party will pay the remaining $7,500.

Lastly, defendants can use the assumption of risk to avoid liability for his or her negligence. The assumption of risk defense establishes that the plaintiff in the case consented to an activity or procedure voluntarily with knowledge of the possible risks involve. While this does not mean that the defendant was not negligent, it means that the plaintiff essentially “signed off” on the assumed risk of the defendant’s negligence. If shown true through evidence or compelling argument, this defense would legally release the defendant from negligence liability and responsibility for the damages.

After a serious accident, it is critically important to determine if you have grounds for a personal injury claim. Who was responsible for causing the incident and subsequent injuries? These and other questions may require an in-depth investigation that lasts many days or weeks, and our legal team can help you ensure that your investigation uncovers all of the details and information necessary to file a claim for compensation. While it may be easy to determine who is to blame for certain types of accidents, others can be incredibly complex.

If you are able to determine that your accident was caused by another person’s careless or reckless actions, you have a right to seek compensation through a personal injury claim. Personal injury law was created to specifically protect the rights of accident victims and to hold others accountable for negligent actions, but you must be able to prove several different things before your claim will be effective.

First, you must be able to establish negligence, which is proving that the other person involved acted without proper care or caution under the circumstances. You must then be able to prove that there was a connection between the other person’s duty to you and your injury, and that this connection was the direct cause of your damages. Keep in mind that New York operates under a comparative negligence law. This means that even if you are partially responsible for your accident, you may still be able to pursue compensation. The amount of money that you can sue for will be reduced by the percentage of fault that you shared in the accident. If several people are responsible for your injuries, however, New York’s joint liability laws will kick in.

These joint liability laws mean that those who are more than 50% responsible for your accident and injuries will be held liable for all of your damages. On the other hand, those who are less than 50% responsible for your accident and injuries will be held separately responsible for your suffering, emotional distress, and non-economic damages as well. These cases can quickly become confusing and complex, but our firm will provide you with updated information and legal guidance during every step of the way. Contact Greenberg & Stein, P.C. today for a free case evaluation for more information.

The short answer to this question is that personal injury attorneys are specifically experienced in this area of law. An understanding for the special steps in the process of a personal injury claim and knowledge of statutes and case law on the subject are required in order for a claim to be successful. Personal injury lawyers are knowledgeable about the intricacies of the highly specialized law on the subject of personal injury and insurance law. Hiring a personal injury attorney has a direct positive effect on your chances to receive the maximum amount of compensation for your injuries.

There is no simple answer to this question, and every injury claim will have unique factors that play a role in the amount of compensation that you will receive. There is no way to accurately predict the exact amount of compensation from an insurance settlement beforehand, and any lawyer who tries to promise you a certain amount is not being truthful. Instead of promising you something that we can’t guarantee, we make sure to devote enough time and attention to your case so that we can give you a realistic idea of what to expect.

There are certain legal guidelines that can help us predict how much compensation you should demand from the other party involved. To start, you should calculate the full costs of your medical treatments and estimate the costs of any future surgeries or rehabilitation. You should also do your best to calculate the costs of any property damage, as well as any equipment that you might need to purchase because of your injuries. From there, you should also try to determine how much income you have lost as a result of your accident. If your injury has led to days, weeks, or months away from work, or if it has reduced your ability to earn an income in the future, you may be eligible for disability benefits.

This calculation process can be overwhelming and seemingly endless, but that is where we come in. Here at Greenberg & Stein, P.C., we understand the difficulties that follow a serious accident and what legal steps must be taken to resolve your case in a timely manner. A New York City injury lawyer from our firm will work hand-in-hand with you from the moment you call our firm until the successful resolution of your injury claim, and will fight for the maximum amount of compensation available for you and your family.

When a party in the claim is found to be “at-fault” for the injuries of the plaintiff, they are then compelled to pay financial compensation to the victim in an attempt to repair and recompense the damage done to the victim and their family. Compensation is intended both as an aid to the victim in their recovery and also as a punitive tactic against the negligent party.

If you choose to work with an attorney from Greenberg & Stein, P.C., you will not be charged a dime until and unless we win your case. Our NYC injury lawyers work on a contingency fee basis, which means you won’t be responsible for any legal fees until your case has been successfully resolved by a lawyer at our office. If, for some reason, we are unable to secure favorable results on your behalf, you will not be asked to pay anything for the time and effort that our professionals dedicated to your case. In essence, if you don’t win, we don’t win.

You can greatly influence the outcome of your case by gathering all the evidence you can find, including photographs of your injuries, documentation from your doctor and even regular notes about how your symptoms are affecting your ability to go about your daily routine and to enjoy your life. It is also vital that you avoid discussing the case with anyone from the insurance company, as you could be misled into making statements which would limit your ability to recover compensation, or could even disqualify you from receiving a settlement altogether.

You may be able to file a premises liability claim, if it can be proven that the property owner knew-or should have known-about the hazardous conditions which caused your accident and failed to take reasonable precautions to prevent your injuries. A common example is a slip and fall accident when a store patron steps in an uncleaned spill. The store owner’s failure to clean the floor or to at least place a warning sign may serve as grounds for legal action.

In New York as in many other states, employers are protected from excessive civil litigation by their employees when they sign with workers compensation insurance. Employees at a workplace covered by this insurance are restricted from pursuing a personal injury claim against their employer in the case of a workplace accident. Workers’ compensation insurance is beneficial to both employers and employees in that it guarantees the injured worker a payout while ensuring the employer that they will not have to spend time in court or settlement negotiations.

Many workers wonder whether there are any other options for seeking compensation in the event that they sustain an injury on the job. While there are no further means of gaining compensation from the employer, the presence or involvement of a third party in the accident may open another door.

Third party liability claims involving a work accident are not made against the employer or any coworkers of the injured employee. Rather, they are claims against a separate person or company that may have contributed to the injuries and therefore have responsibility for the damages. Third-party claims often arise in the event that the worker was injured by defective equipment or if a customer was involved in causing the injuries.

The most common type of third-party claim for a work accident is against manufacturing companies or sellers of equipment at the business. Tools, materials and machinery used daily by workers can easily suffer a malfunction due to a defect in the production or design. If that is the case, a product liability claim can be brought by the injured worker to the manufacturing company responsible for the defect that caused the accident.

A good example of a work accident warranting a third-party product liability claim would take place at a deli where the workers are constantly interacting with sharp machinery to slice meat for deli sandwiches. Suppose the electric slicer has a loose screw that causes the blade to fall on the leg of one of the workers one day. Because the accident took place at the individual’s workplace, they can claim workers’ compensation insurance from their employer. Furthermore, since the injuries were directly caused by a malfunction of the work equipment, the manufacturing company of that slicer can also be held liable for the damage their defective product caused.

Another example of a liable third party would be the janitorial services company. Any negligence on the party of contracted janitors that leads the workers to fall or trip not only qualifies them for workers’ compensation but also for a negligence claim against the janitorial company. Hazardous conditions such as recently mopped floors without proper caution signs can easily lead to a slip and fall accident. While the employer cannot be the subject of a premises liability claim for that accident, the injuries are covered by the liability of the janitorial service to adequately warn of dangerous conditions such as wet floors during clean up.

Additional options for seeking more compensation apply to federal employees and those injured on a construction site. When accidents lead to seriously debilitating injuries such as is common in construction accidents, employees are eligible to receive larger settlements than average work accidents tend to provide. Workers’ compensation may provide finances needed for immediate medical attention but since construction accidents tend to result in catastrophic injuries, workers may also be able to file a personal injury claim to pursue additional payment.

If you need assistance in filing a workers’ compensation claim following an accident at your workplace or if you would like to learn more about options available for victims of construction accidents, contact a New York City personal injury attorney at Greenberg & Stein, P.C. today.

New York City Wrongful Death Attorney

Personal injury claims are made when one person’s negligence leads another to injury and damages. When those injuries are severe enough to end the victim’s life, the case is then considered as one of wrongful death rather than personal injury. In most states, the family of the deceased has the right to file a claim of wrongful death against the negligent culprit in order to recover compensation for their loss. This process in the New York takes a much different shape because of the principles behind the civil action but will eventually lead to the same effect on the grieving family.

Family members do not necessarily have the right to file a claim of wrongful death in New York. The state considers wrongful death a direct injury to the victim, which it is, and this makes it a matter requiring personal action. Since the victim is not able to file the claim themselves, a personal representative of the deceased must file the claim on their behalf. In theory, this is considered a substitution for the victim themselves filing a wrongful death claim against the person that caused their injury or, in this case, death.

Who is a Personal Representative?

Simply stated, a personal representative is someone who is put in charge of another person’s financial affairs. This person can either be a legal representative or a trusted friend or family member of the estate owner. The question of personal representatives introduces the subject of estate management. Wrongful death claims in New York merge the legal fields of personal injury law and probate law by requiring the claimant in the case to be a personal representative of the decedent’s estate. The claims are governed by The New York Estates, Powers and Trust Laws (EPTL) as opposed to the civil code that governs other personal injury actions. Personal representatives are usually chosen by the individual themselves when drawing up trusts or wills for their estate. However, in the event that there is no will or trust at the time of death, the court may appoint a personal representative to settle the financial affairs of the deceased.

If there is no personal representative at the time of the wrongful death, a family member or individual with a personal interest in the estate may request to be named the personal representative. Once the court names them the trustee of the estate, they will then be able to file a wrongful death claim for their loved one.

Who Recovers the Compensation?

Given this unique requirement for New York wrongful death claims, one would wonder who receives the money recovered in the claim. Although a personal representative of the decedent is the only legitimate party to be named in a wrongful death case, they are not necessarily the recipients of the damages. When an award is granted for wrongful death, the damages recovered are automatically added to the estate of the decedent. This, again, is because the claim is thought to be an indirect civil action by the deceased through their personal representative. Therefore, the damages recovered technically belong to the deceased, which is why they are added to his or her original assets.

Since one of the duties of the personal representative is to manage the financial affairs of the deceased, they will be expected to execute the wishes of the deceased concerning their estate, which now includes the money recovered from the claim. According to the will or trust in place, the compensation will be disbursed among the family members and beneficiaries named in the estate. If there was no established will or trust at the time of death, the family members and persons with an interest in the estate will have to go to probate court to have a judge disburse the estate, along with the recovered damages.

Do I need a personal injury attorney for wrongful death?

Absolutely. Just because the claim is filed under the name of a personal representative, it does not necessarily mean that family members are not involved in the process at all. It is in the best interest of anyone involved for a New York City wrongful death attorney to be consulted in the claim. While the representative is named in the suit, the personal injury attorney on the case will be actively involved in representing the interests of the deceased and their family members in order to ensure a fair settlement. While wrongful death is governed by EPTL, it still involves the elements of a personal injury case including duty of car and negligence. These are subjects that require the knowledge of a personal injury attorney. Therefore, wrongful death claims should involve the legal representation of a New York City personal injury lawyer.

A majority of malpractice cases filed every year involve an error or omission of action concerning a doctor’s diagnostic practices. However, due to the number of factors that can contribute to an error in diagnosis, the question remains: is misdiagnosis always medical malpractice. Because medicine does not claim to be an exact science, doctors are not legally required to be infallible. The key to a malpractice claim involving misdiagnosis is to show that the doctor was negligent in the practices of diagnosing the injured patient.

There are several situations of misdiagnosis that do not warrant a claim of malpractice. While a mistake may have occurred, it either did not cause further injury to the patient or the doctor had no control over preventing the error. It is common knowledge that medicine is increasingly reliant on technological equipment and unfortunately, that equipment is not always perfect in its results.

When proving that misdiagnosis is medical malpractice, the patient will be required to show three key elements in order to implicate the doctor as the culprit for their injuries. First and foremost, there must be an injury. While misdiagnosis may cause frustration or emotional distress by way of anxiety or fear, medical malpractice law requires an actual, medically defined injury to exist in order for there to be a claim. These injuries are known as damages. Therefore, in order for a misdiagnosis claim to be considered malpractice, the patient must have been actually injured by the error in diagnosis as opposed to simple inconvenienced by it.

Before the subject of injury arises, the patient must first show the court that they and the doctor named in the suit had an established relationship that made the doctor responsible for the health of the patient. This shows that the doctor’s decisions had the potential to directly affect the well-being of the patient and as a healthcare provider, he or she was required to exercise care to the required standard.

Once the relationship has been established, the patient must then prove that the doctor failed, at some point, in his or her duty to exercise care to the standard required of them. This is known as a breach of duty. Examples of a breach of duty concerning diagnosis include the neglect of the patient’s medical history or failing to order the appropriate test according to the patient’s symptoms.

Lastly, the patient will be required to prove causation. This means that the doctor’s breach of duty directly caused the injury of the patient, assuming there is an injury. At this point, the importance of causation and damages becomes the key component in the case because without damages, the doctor would not be guilty of causation. In order for the doctor to be guilty of medical malpractice and responsible for the patient’s injuries, his or her action must be the direct cause of the injury. In other words, if the doctor had not made that error under the same circumstances, the patient would not have been injured.

Frequently Misdiagnosed Conditions

While the room for error is present in any scenario, there are several medical conditions that are especially prone to misdiagnosis. A study by Harvard revealed the five most commonly misdiagnosed conditions, all of which can have fatal consequences. The study also found that these conditions make up for a majority of the malpractice cases awarded for misdiagnosis.

  1. Aortic Dissection: A subtle but deadly condition, aortic dissection occurs as a result of a tear in the inner wall of one of the largest and most essential artery in the body. The tear allows for blood to seek through the layers of the wall and gradually tear the wall apart. If the dissection results in a complete tear, rapid blood loss will result in death. Dissections resulting in complete rupture have a 80% fatality rate, 50% of which occurs before the victim reaches the emergency room. The Harvard study found that this condition is frequently mistaken for simple heartburn. While symptoms may often be obvious as to the dissection occurring, such as a distinct tearing sensation in the chest, misdiagnosis can delay treatment and increase the risk of death.
  2. Cancer: The Harvard study revealed that cancer was in the subject line for most of the misdiagnosis malpractice claims in the country, especially in the case of breast cancer. While the reason for these misdiagnoses are still unknown, some believe that doctors often fail to follow procedures in screening for cancer which can delay otherwise essential treatment.
  3. Infection: Following cancer as the most misdiagnosed condition, infection is also an extremely dangerous condition susceptible to being overlooked if the doctor is not thorough in his or her examination of the patient.
  4. Clogged Arteries: In recent years, the clogging of arteries has become an extremely frequent enemy of the health of Americans. Symptoms such as shortness of breath are often mistaken for being out of shape. Because of the high risk of coronary artery disease, doctors are expected to exercise care in evaluating their patients’ symptoms, especially those who fall in the category most susceptible to the condition.
  5. Heart Attack: While this frequently theatrical condition seems out of place in this list, the Harvard study found that heart attacks are not always so clear. Often times, the only signs of an attack resemble simply being “under the weather” such as nausea, the sensation of fullness in the chest.

In order to minimize the risk of being a victim of misdiagnosis, patients are encouraged to request more thorough testing. While doctors are considered the highly-experienced, no amount of education can replace the actual experience of symptoms. Therefore, if a patient is not satisfied with the way his or her doctor came to a conclusion, they should exercise their right to request more tests. Furthermore, seeking a second opinion can also provide the patient with an evaluation by a fresh set of eyes and reveal things the first doctor overlooked. While misdiagnosis can be recompensed in a medical malpractice claim, the risk of injury or death should encourage patients to take control of their well-being and do everything they can to protect themselves and their family from pain and loss.

To answer the question: what is no fault insurance, we take it on from many angles. No fault insurance is a type of insurance policy in which the insurance company covers damages incurred by the policy holder regardless of who was at fault for the accident. There are benefits and downsides to this type of insurance and while no state has adopted a pure no fault system, many states, including New York, have included elements of no fault insurance in their auto insurance requirements.

In order to register a vehicle in New York, the law requires that the driver obtain several types of coverage before the vehicle can be processed. One of those types is known as personal injury protection (PIP), which is also referred to as no-fault insurance. Generally speaking, no fault insurance requires drivers to retain insurance that covers them in the case while also placing limitations on a driver’s ability to due others for liability.

In a no-fault state, an individual’s auto insurance company will handle their own damages in an accident, and the insurance companies of the other drivers involved will cover their respective damages too. In New York, the no fault system prevents individuals from suing each other for damages except in cases of serious injury or death relating to the specific accident.

Advantages of No Fault Insurance

The greatest benefits of no fault insurance are to the court and law enforcement system of the region under the policy. In the course of a year, a state with an at fault insurance system sees thousands upon thousands of personal injury claims. Many of these claims have merit, but a significant portion of them may ultimately be dismissed due to lack of sufficient evidence. Personal injury claims can easily wear down the civil court system and therefore it is beneficial to filter the cases brought to court down to those that warrant action.

Additionally, no fault insurance guarantees that a driver will receive immediate medical attention in the event of an emergency without having to worry about the process and procedure of filing a claim. It also lowers costs of filing a claim because the payout is an automatic response to the need, which can even indirectly lower premium costs in the long run.

Lastly, no fault insurance provides compensation for non-driver individuals involved in an automobile accident, such as bicyclists or pedestrians. The no fault insurance law in New York states that a driver’s insurance will cover the damage and injury of any pedestrian or bicyclist who is injured in an accident involving their vehicle. This allows pedestrian and bicycle accident victims to obtain compensation for the medical expenses caused by their injuries without having to wait out the process of a claim.

Disadvantages of No Fault Insurance

Many New Yorkers do not prefer their state’s no fault policy because they believe it restricts them from obtaining the maximum amount of compensation that would have been available in a personal injury claim. This is a valid point. While no fault insurance payouts are prompt, they only cover a person’s basic medical expenses and property damage without regard for other damages caused by the accident, such as emotional trauma and punitive damages.

Furthermore, many opponents of no fault insurance argue that the policy, by its very title, disregards the principles of responsibility and individual accountability that are at the foundation of American society. By overlooking the element of fault in an accident, the policy ends up treating good and bad drivers the same in stark contrast to other policies which reward good drivers and sanction bad ones, holding them accountable to their actions. Car accidents make up a large portion of negligence claims against liable parties under tort law but under no fault insurance, a majority of those claims are removed from that category of law altogether.

In the year 2011, the New York State Department of Motor Vehicles summary of large truck accidents revealed that a total of 11,648 accidents took place on New York roads involving large semi-trucks. An accident involving a semi-truck resulted in the deaths of 96 individuals, while another 5,505 sustained non-fatal injuries. The sheer size and weight of semi-trucks makes them a dangerous rival in collisions, often times leaving the passengers of the smaller car with much worse injuries than the driver of the truck. Semi-truck accident claims involve more complexity than car accident claims because multiple parties could bear responsibility. The differences are not necessarily because of the size of the vehicles involved or because of the severity of most injuries. Truck accident claims are governed by a different set of legal theories and often require extensive investigation. One claim investigation after a truck accident will typically investigate several parties that could possibly have contributed to the accident.

The first part of the claim focuses on the driver. This step investigates the negligence of the driver as in a normal car accident. Truck drivers can succumb to the same distractions and mistakes as conventional drivers but those mistakes can lead to much more serious consequences. In certain situations, truck drivers might be held to a higher standard of care due to the size and power of their vehicles. Furthermore, truck drivers carry commercial driver’s licenses that legally hold them to a different, more stringent set of rules and regulations. Violations of these regulations or simple negligence in driving can be a cause for finding fault and claiming compensation from the driver themselves.

The liability for any damage caused by their trucks or employees extends beyond the individual truck driver to their employer. If their driver is negligent or violates the rules and regulations of truck driving, the employer is responsible for his or her actions as a representative of their company. However, some drivers work privately or as contractors. In these cases, there would be no employer liability since there is no employer to begin with.

Truck accidents may occur due to factors beyond the driver’s control, but this doesn’t absolve anyone of fault. Many truck accidents occur because of improperly loaded materials or overloading the truck altogether use active counterparts. Furthermore, regulations for loaded material are in place in order to avoid falling objects and debris. If an injury accident occurs due to a violation of those regulations, the drivers and material manufacturers will be held responsible for failing to fulfill their duties properly.

Lastly, trucks find their beginning in manufacturing like any other vehicle. If there was a defect in the build or operation of the truck that lead to the accident, the maker of the truck can be held responsible for their part in the accident. The investigation into this step would resemble a claim of product liability where the manufacturer of the product is expected to exercise care to eliminate unreasonable risk of danger in their products. Trucks are automobiles in the sense that they are designed and manufactured with the same process as other vehicles. Therefore, the manufacturer can be subject to an auto product liability claim if their product, the truck, falls below the standard of a reasonably safe product and causes injury from an accident. Defective truck products include runaway tires, fallen parts and dropped trailers.

Early Investigations

Because accident claims involving large trucks are so multifaceted, an early investigation in key. Insurance companies will begin investigations into how they can lower the payout amount immediately, which means that the victim must act quickly as well. There are several factors and parties that could have contributed to your accident. The earlier you act, the more time your legal team has to investigate your situation and determine the culprits. If there is indeed more than one person at fault for the accident, you may end up with a larger settlement than before. This alone should be incentive enough to act quickly in seeking legal counsel.

When police officers use excessive force in making an arrest, engage in brutality against suspects, or otherwise violate a citizen’s civil rights, the victim is often able to file a lawsuit which may result in an award of monetary damages.

Whenever possible, you should avoid speaking to an insurance agent (yours, or the agent of the person who caused your accident) without an NYC personal injury lawyer present. Once you have retained the services of a professional attorney, you should be able to direct all interactions with an insurance agent to Greenberg & Stein, P.C. In most cases, insurance companies are not looking out for your best interests; rather, they are looking for any way to minimize the amount of compensation that they will be responsible for paying you. Therefore, it’s unwise to agree to the settlement amount that was offered by your insurance company if an injury attorney has not first reviewed your case and determined the correct amount of compensation that you are due.

The answer to this question depends on the nature of your accident and injury. By law, there are many circumstances, i.e. medical malpractice claims, car accident claims, etc. that require victims to make a claim or file a lawsuit within in pre-determined amount of time. The most effective way to ensure that you do not miss the window of time that you have to file a lawsuit or personal injury claim is by contacting an NYC personal injury lawyer at Greenberg & Stein, P.C. Very quickly, we can review your case and notify you of the allotted time that you have to take action.

Depending on the circumstances involved in your accident, you may still be eligible to file a personal injury claim, even if you did not experience physical harm. There are other ways to be injured, including emotional trauma, distress, and property damage. If it can be proven that another person’s reckless or negligent behavior caused you harm or damage, you may have a case. The only way to know with surety whether or not you have a case is by contacting an attorney at Greenberg & Stein, P.C.

Many cases of personal injury can be settled outside of court. Hiring an injury attorney does not automatically mean that you will be expected to appear before a judge and jury. In fact, our NYC personal injury lawyers do everything possible to settle your case before resorting to courtroom action. When more aggressive action is necessary in order to obtain favorable results, Greenberg & Stein, P.C. is ready to represent you in court, but we won’t make this move without first discussing the possibility with you in full detail.

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