Why are Witnesses Important to Personal Injury Cases?
There can be certain situations in life when personal harm can take place to any person with or without intention. Be it a workplace mishap or medical negligence, personal injury is a serious matter that should not be taken lightly. Keeping this in mind, it is imperative that you have a few witnesses who can speak in your favor in case of a personal injury suit. This is because their testimony can play a key role in proving your personal injury claim. As a result, you will be able to get compensation owed to you by another individual or organization. Moreover, it is suggested to consult a personal injury attorney who will be able to guide you through this process in the right manner. Mentioned below are important factors related to the role of witnesses in a personal injury lawsuit. Importance of a Witness The capacity of a witness in a personal injury case is making a statement in the presence of attorneys from both parties and/or jury. The insightful testimony given by a witness can help in strengthening your case to a great extent. Here are two types of witnesses that you can be helpful in a personal injury suit: Layman Also known as eyewitness, this is an individual who has seen an injury take place in front of their eyes. Whether you were administered wrong medications or or got hurt by merchandise in a retail store, their observations will be useful in making your case stronger. Some people presume that the role of eyewitnesses is limited. But in reality, in-depth information provided by this type of witness can affect the verdict immensely. Expert Witnesses who have prior knowledge, experience, or expertise in a specific field are called in to provide their testimonials in a personal injury lawsuit. These are people working as accident reconstruction experts, engineers, medical practitioners, highway safety specialists, and the like. Expert witnesses are hired by personal injury attorneys who have the right amount of experience to win your lawsuit. To say that one witness is more valuable over the other is not valid. This is simply because both types of witnesses can provide valuable information about a personal injury case. When You Do Not Know the Witness If you get injured in a public place, the chances of a few people witnessing are very high. In such a scenario, you should be able to find one individual who will be ready to make a statement for you. The following pieces of information must be noted down immediately: Name, address, and contact information of the observer Testimonial of the accident in their own words In case they do not feel comfortable, you must write down the incident and ask them to sign it When You Know the Witness In most accidents, there is one or two people accompanying the person who has been injured in a workplace or public area. Taking this into account, it is recommended to prepare them before filing for a personal injury lawsuit. For this purpose, here are some useful steps: Ask them to speak about the accident that they witnessed Help them in remembering key details about the location of the accident, people involved, time, and duration Write down their testimonial and get it signed in case they need to travel in the near future If they are available to appear in court, then make them feel as comfortable as possible. Pressurizing witnesses to speak in front of a judge is not a good practice. Things to Remember as a Personal Injury Witness In your everyday life, you might observe an accident taking place in an official setting, public place, etc. The following five points will help you understand your role as a witness: Help the individual who has been injured by providing them with medical assistance Provide your name and contact details in case this person wishes to file a personal injury lawsuit Try to click photographs of the incident, especially when it happens with your friend, colleague, or family member In a serious accident, the right move would be to write down your observations immediately. You can also make a voice memo on your smartphone as it will help in proving the personal injury later. Show up in court as and when needed. It will be a huge blessing for the person who has suffered from a personal injury to get their due compensation. In case you know someone, who has faced this legal issue, they can reach out to our personal injury experts at Siler & Ingber on 516-294-2666.
Knowing the Status of Your Personal Injury Claim Amid COVID-19
The COVID-19 pandemic put the world on a standstill. However, that cannot stop accidents and injuries to occur that put people’s lives at risk. In such a scenario, what does this mean for a personal injury claim. Moreover, if you have an ongoing personal injury claim, it is important to know the implications due to the pandemic. To understand the impact of coronavirus on your personal injury case, you have to look at two aspects: Injury suffered during the pandemic If you’ve been injured in an accident during the pandemic due to someone’s negligence, you are still owed a compensation. You should work with a top injury attorney from a large-scale and well reputed law firm that is equipped to handle your claim remotely, if required. Be thorough with your research to find a law firm that is handling cases during COVID-19 and have enough resources to be able to do justice. At Siler & Ingber, as we have been working through the pandemic to help anyone who has suffered a personal injury of any kind. Our experienced personal injury attorneys have been around the clock while ensuring the safety of their clients as well as everyone involved. Moreover, depending on the type of accident/injury, do check with your injury attorney on factors such as statute of limitation (maximum period to file a claim), etc. as they may have changed due to COVID-19. Ongoing personal injury case If you suffered an injury due to someone’s negligence before the COVID-19 pandemic and your legal matter was still ongoing, here’s what you should know. First, make sure that the firm handling your case is continuing to provide services. There could be scenarios where due to lack of resources of infrastructure, the firm is no longer providing services. However, if are still providing legal services, it is important that all safety protocols are duly followed. Whether during or pre-COVID-19, choose a legal firm that is already evolved to provide paperless, remote, digital-dominated services that are hampered if physical meetings are not possible. In fact, firm should be equipped to conduct mediations, depositions, and arbitrations either through video conferencing or in a small office that allows for social distancing. Importantly, in an ongoing or a new case, the discovery process should not be hampered, that is, the firm should be able to gather relevant evidence and documents for the case in the ongoing scenario of restricted movement. Additionally, the firm should follow safety protocols and prioritize the clients’ safety while handling their legal case. Lastly, the law firm should be completely updated on the changes to personal injury related matters, if any. We recommend you choose a top injury attorney from the best law firm. Consider Siler & Ingber. If you or someone you know needs the best injury attorney anywhere in New York state, contact Siler & Ingber today. We are present in Bronx, Brooklyn, Manhattan, and Long Island. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced personal injury attorneys. Our consultation is free and we do not charge a fee unless we win your case.
Line of Duty Injuries – Police Officers, Firefighter, EMS/Paramedics
First responders, that is, police officers, firefighters, EMTs, and other emergency responders, put themselves at risk everyday to save lives of fellow New Yorkers who are in danger. These injuries can lead to long-term implications for their health as well as their employment. Some accidents and resultant injuries can leave them unable to do their job, leaving them financially vulnerable. However, there are legal provisions for first responders in case they get injured in the line of a duty. Common fatal and non-fatal injuries among police officers, firefighters and EMS include: Accidental shootings Pedestrian vehicular accidents Motor vehicle accidents Falls and slips Overexertion Impact with objects or equipment Fires, explosions, and exposure to harmful substances such as chemicals Extreme weather Sprains and strains to muscles, joints, etc. Bruises, contusions Burns, scalds Thermal stress such as frostbite Broken bones Back injury or pain, soreness, etc. Please note that this is not an exhaustive list but the most common injuries to occur. This paints a grave picture of the risks that our first responders face every day. Moreover, these injuries require long-term and expensive treatment. Unfortunately, in cases where these accidents are fatal can leave the families of these heroes vulnerable. Moreover, even though the first responders are aware of the risks of their jobs, it is difficult to be prepared for the consequences should an accident occur. What happens if a police officer is injured in the line of duty? Police officers who are injured in the line of duty have the right to sue other people or entities who are responsible for their injuries. Under General Municipal Law 205-e, any police officer in the state of New York who is injured or killed in an accident can file a lawsuit for the person or entity responsible for their injury or death. For wrongful death lawsuits, the survivors of the deceased police officer can file a lawsuit on their behalf. What happens if a firefighter in injured in the line of duty? Under General Municipal Law Section 205-a, firefighters or their families have the right to file a lawsuit and seek recovery for their damages when they suffer injuries or death in the line of duty. Under this law, a claim can only proceed if the injury or death was the result of a violation of any statute, code, regulation, or rule recognized by the jurisdiction where the accident occurred. If the injury or death was sustained in the line of duty and was caused directly or indirectly by any violation that had a “practical or reasonable” connection to the injury, a firefighter can recover for his or her injury.
Personal Injury Claims for Hearing Loss: All You Need to Know
Losing your sense of hearing can be a devastating and life-altering experience, especially if caused due to someone’s negligence. In such a case it is important to work with a top injury attorney to get a fair compensation. Hearing loss is of two types: Conductive hearing loss: it is a result of damage to the sound-conducting bones of your inner ear or a malfunction of your eardrum or wax that hinders the sound waves. Fortunately, in most cases, this is reversible with treatment. Sensorineural hearing loss: It is often a result of an injury to the ear. Since it leads to nerve damage, hearing loss is irreversible in majority of the cases. Hearing loss can also be a combination of conductive and sensorineural hearing loss. Overall, prolonged exposure to loud noises, injuries to the head, or sudden exposure to an extremely loud noise are the primary causes of hearing loss. Some of the common causes of hearing losses as a result of accidents are: Motor vehicle accidents: In a car crash, hearing loss can be due to the excessive noise or airbag explosion. Moreover, resultant injuries such as brain injury or perforated ear drum can also lead to hearing loss. Accidents at the work place: Often, people involved in working with heavy and loud machinery such as at a construction site, can lose their sense of hearing as a result of this occupational hazard. However, OSHA regulations are in place to minimize such risks. Additionally, the onus of warning the employee about this occupational hazard lies with the employer, and if they fail to do so, they can be held legally liable. Medical negligence: Hearing loss may also be a result of medical negligence by a doctor, nurse or other health care worker, though such cases are rare. If someone has suffered hearing loss due to the aforementioned or any other accident caused by someone else, you’re entitled to a compensation. You can also claim a compensation in cases of partial or temporary hearing loss as long as it was caused by someone’s negligence. At the same time, it is important to remember that hearing loss cases are very complex as proving negligence can be a challenge, hence, it is recommended to work with a personal injury attorney. Remember, the compensation depends on various factors such as the extent of hearing loss (full or partial), age of the victim, expenses incurred after the injury, other losses, etc. Trust a personal injury lawyer to help you arrive at a fair settlement derived keeping all these factors in mind. If you or someone you know has suffered hearing loss due to someone’s negligence and you need the best personal injury attorney, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced personal injury lawyers. Our consultation is free and we do not charge a fee unless we win your case.
Not Happy with the Settlement Offered by Your Personal Injury Lawyer? – Here’s What You Can Do
Suffering a personal injury brings its share of physical and mental trauma. We hire a personal injury attorney to help us navigate through the complexities of the law and guide us on the best way forward; all for getting the compensation we deserve for our sufferings. But what do you do if you’re not happy with the settlement the injury attorney brings to the table? For a moment, it may seem like a big task at hand, but we are here to guide you. If you think the settlement offer by the personal injury attorney is too low, here is what we suggest: Do not be impulsive to respond: We recommend that you take the time to carefully analyze the offer and understand it. Ask as many questions to your personal injury attorney as to why the settlement is low. If you’re still not satisfied, go ahead and reject it. But be rational, calm, and patient. Document your response: It is important that you respond to the offer extended by the personal injury attorney in writing. However, before putting it in writing, you can always talk to your injury attorney about the “why’s” and “how’s” of the offer. Address gaps in information: It is possible that the initial settlement offer is low because the personal injury attorney does not have all the details of the injuries and other expenses. If that appears to be the case, provide all the information to them and wait for the revised offer. Ensure that there are no more gaps in the information. In this scenario, have a detailed conversation with your injury attorney and ask them about the specific damages that can be included in your claim. Propose a counteroffer: If you’ve a settlement or compensation in mind, share it with the personal injury attorney so that they can provide you the best possible solution in the scenario. Trust your injury attorney: It is important that you trust your personal injury attorney. However, that does not mean you settle at the first offer or accept it even if you’re unhappy, but have an open mind and freely discuss your concerns with them. Your satisfaction with the offer is any injury attorney’s first priority. 6. Ensure your injuries are healed: Before you accept the settlement, make sure you’re completely healed from all your injuries or you’re fully aware of the future medical bills. Otherwise, you might end up with a low settlement which will not cover the medical costs required for you to fully recover. If you or someone you know has been injured due to someone’s negligence, you need the top injury attorney, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced personal injury attorneys. Our consultation is free and we do not charge a fee unless we win your case.
Shoulder Injuries: Things You Need to Know when Consulting a Lawyer
Shoulder injuries are a common occurrence in children and adults alike. It is so because the shoulders are one of the most moveable joints in the body, making them vulnerable to injuries. Statistics suggest that more than 7.5 million people seek medical care for a shoulder injury in the United States every year. Any sort of physical activity, including sports, heavy lifting, etc. can you put you at the risk of a shoulder injury. Some common types of shoulder injuries are: Sprains and strains Rotator cuff tear Dislocation Frozen shoulder Joint tears Tendinitis The treatment can vary from oral medication to physiotherapy to surgery depending on the degree of the injury. Unfortunately, in many cases, there are long-term implications, such as chronic pain or even arthritis. Moreover, restricted mobility of the shoulder or constant pain can lead to difficulties in doing regular activities. If a shoulder injury is caused due to someone’s negligence, compensation should be duly given. A shoulder injury attorney can represent the injured party. Some of the ways in which a shoulder injury can occur due to someone’s negligence are: Injury while playing a sport: A slippery or inadequately maintained floor can cause the person to slip and fall while playing which can cause an injury. Injury at a construction site: Construction sites often involve heavy lifting or operating heavy machinery which can make workers vulnerable to injuries. For example, if the machinery is not duly maintained or a worker slips off a ladder because it is broken, the injury is caused due to the employer’s negligence. Slip and fall injury: A slip and fall on the wet floor of a department store or on a snowy sidewalk can cause a painful and serious shoulder injury. In such a case, the responsible party should be held responsible. In such a scenario, it is recommended to hire a shoulder injury lawyer to represent you to get the compensation you deserve. It is imperative that you clearly state all the details and provide all the documentation to the shoulder injury attorney so that they can file a strong claim. Some important information is as follows: Cause of the injury: Clearly state the cause of the injury and provide details of how it happened. It’ll help the shoulder injury lawyer to file the claim as per the most relevant provisions of the law. Provide relevant documentation: Share the medical bills, other expenses, documentation on leave from work/school, etc. to help the shoulder injury attorney build a strong case highlighting the seriousness of the injury and its other consequences. Provide other evidence: Share any photos, details of witnesses that can prove the negligence of the at-fault party. Leave it in the hands of an expert injury lawyer to get you fair and just compensation for your injury. If you or someone you know has suffered a shoulder injury due to someone’s negligence, you need the top injury lawyer, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced shoulder injury lawyers. Our consultation is free and we do not charge a fee unless we win your case.
All You Need to Know About Self-Representing in a Personal Injury Case
In case of a personal injury settlement, you may decide to represent yourself instead of hiring a personal injury attorney. While it is a viable option, it is also very important to be prepared. Here are a few things to know before you consider representing yourself in a personal injury claim. Type of injury settlement Personal injury claims can include any type of injury, be it due to a car accident, slip and fall, or medical malpractice, among many others. But it is important that you thoroughly go through the acts and laws which govern the specific type of accidents. You can get an expert on board for a short period to orient you to these details. When to consider self-representation Personal injury claims are complicated. It is important to know when is the right time to self-represent, and you can use these two important factors – Clarity of fault: if it is absolutely clear, with no shadow of a doubt, that the accident has been caused due to someone’s negligence, and you have witnesses who will testify among other strong evidence, you may consider self-representation. Minor injuries: if you’ve suffered minor injuries and the party at fault has acknowledged their negligence and responsibility to pay for the medical bills, you can consider settling the case yourself. However, remember that even if the abovementioned scenario is true, it is possible for the negligent party’s lawyer or insurance company to turn it around in a way that’ll affect your settlement negatively. Hence, it is important that you consider the choice carefully before you decide to self-represent. You can always hire a top injury lawyer to represent you, and if finances are a constraint, consider recruiting a personal injury lawyer from a firm that does not charge a fee unless they win a case, like Siler and Ingber. Once you’ve decided to take up the case on your own, here are a few important things to get started: Compile all the documentation, such as medical bills, relevant emails, bills of any other expenses incurred. Get photographic evidence, if possible. Click pictures of any damage to property or anything which showcases negligence, for example, if you slipped in the snow outside a store, click a picture of the snow lying outside to show that it was not cleared. Talk to witnesses, if present. It is important to bring witnesses on board so that they can testify for you. Be thorough about the current legal system in place to take care of the type of injury you’ve suffered, for example, the time limit of the claim. Do not publicize the information of the accident, for example, on your social media as it can be misused by the at-fault party. Estimate your damages (exact and general) thoroughly. Using the above, prepare a strong demand letter as that is the first step in getting the settlement process started. Propose a settlement amount that has reasonable scope for negotiation as the at-fault party’s insurer/lawyer will try to lowball your claim. Remember, if you’re offered a fair settlement, take it. It is better than the case going to trial as there’s always a chance that the jury may decide in favor of the defendant, leaving you with nothing. While we encourage self-representation, wherever possible, but we also suggest that you hire a personal injury lawyer to help you navigate through the case, especially those which are complicated. If you or someone you know has been injured due to someone’s negligence, you need the top injury lawyers, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced personal injury attorneys. Our consultation is free and we do not charge a fee unless we win your case.
Bicycle Accident Lawsuits – All You Need to Know About Them
Bicycles have taken over as a preferred mode of transport for young and old alike. People now prefer to ditch their cars or the subway to use a bicycle to get to work/school, and at the same time get in some exercise. However, riding bicycles has its risks attached. People become vulnerable to accidents which can leave them injured or can even be fatal. Data suggests that the United States sees approximately 45,000 bicycle accidents every year. As would be obvious, a crash between a bicycle and motor vehicle largely leaves the cyclist injured or harmed rather than the other way round. Personal injury lawyers are best placed to represent your case if you’ve been hurt while riding your bike due to someone’s negligence. There are various causes of accidents between a bicycle and a motor vehicle. Some of the common ones are: Distracted driving: A distracted driver behind the wheel can pose a risk to cyclists on the road. While 30% of all bicycle accidents are caused by a car, a large number of these drivers are those who are distracted or drunk. Lack of knowledge about rules: Both, cyclists as well as drivers, are not fully aware of the rules to follow on the road. For example, who has the right of way at an intersection. In such a case, the cyclist may be prone to an accident. Inattentive rider: It is not just the motor vehicle driver; it may also be that the rider may be inattentive while cycling which can put them at risk of a crash and resultant injuries. Riding after dark: Like for motor vehicles, even riding a bike at night can increase the vulnerabilities to an accident due to poor visibility, etc. Construction on the road: Construction or road work may catch a rider off guard and lead to a collision. This can injure the rider quite badly. Despite protective gear, a bicycle accident can leave you as the rider with serious long-term injuries. Moreover, you could end up in a crash due to someone else’s negligence. As an accident victim in the state of New York who’s been involved in a bicycle crash with a motor vehicle, you deserve to be compensated for your serious injuries by the at-fault driver and/or their insurance company. We recommend you hire a personal injury attorney to best represent your interest. This is even more critical in such a case because New York follows laws of comparative negligence. This means that your contribution to causing the crash will be translated into a percentage of fault and that your compensation amount will then be reduced by that same percentage. It’s important to have a personal injury attorney who will fight for your right to the comprehensive compensation that will hold a negligent driver or third party accountable. Your personal injury lawyer will take into account all the hardships imposed by your accident when determining a fair settlement amount. These may include both financial expenses and non-economic damages for your lost quality of life. If you or someone you know has been injured in a bicycle accident due to the driver’s negligence, you need the top injury lawyers, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced personal injury attorneys. Our consultation is free and we do not charge a fee unless we win your case.
Why are Ladders So Dangerous? A Worker’s Perspective
Ladders are fundamental and pertinent equipment at a worksite and are essential for any worker. However, falling from a ladder is one of the most common causes of injury among workers. These injuries can be severe, cause long-term physical or mental damage, and even be fatal. In fact, as per the Center for Disease and Control, falls are the most common cause of injuries in the United States. Why are ladders potentially dangerous equipment? There are many reasons which can make a ladder dangerous, including: Using an inappropriate ladder in terms of its size, type, or strength. The ladder must be suitable for the job required. Not inspecting the ladder before use can become a reason for a fall. The worker should thoroughly check if the ladder is safe for use. Improper setup and placement of the ladder. It is needless to say that a ladder must be properly placed on the right platform before the worker climbs on it. Improper maintenance of the ladder with regard to its storage and care can also make it risky for use. Also, any sudden movement by the worker or not paying proper attention while on the ladder can pose a risk for a worker. What are the safety protocols for using a ladder at a construction site? The Occupational Safety and Health Administration (OSHA) and The American Ladder Institute have a comprehensive set of safety rules and guidelines that should be followed at a worksite with respect to the use of ladders. Some of these rules are: Inspect a ladder before use Buy a ladder which is suitable for your need Do not use a ladder when it is very windy or stormy Ensure that the ladder has the appropriate duty rating Employers should train the workers on the correct use of ladders Employers should inspect and adequately maintain the ladders What should you do if you fall from a ladder at your place of work? As a worker, it is important to take all steps for your safety. However, if you suffer a fall from a ladder at your worksite as a result of negligence by the employer to ensure safe ladder use, we recommend you hire a ladder injury lawyer to help you get the right compensation. A few things to keep in mind before you reach out to a ladder injury lawyer are: Get medical help immediately and keep all the bills and insurance claims Inform your employer formally about the accident Maintain all relevant documentation, e.g., emails, bills of expenses, etc. A lawyer will provide you the assistance with gathering the evidence as well as filing a claim which goes well beyond the workers’ compensation to cover all your short- and long-term expenses. If you or someone you know has been injured in a ladder-related accident and you need a winning law firm, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced ladder injury lawyers. Our consultation is free and we do not charge a fee unless we win your case.
Types of Damages You Can Get Compensated for in a Personal Injury Case
A personal injury can range from a minor scrape to something as severe as a head injury or even a permanent disability. In some cases, it can even be fatal. Often, personal injuries are an outcome of someone’s negligence, for instance, a car accident, a slip, and fall on someone’s property, etc. In such a scenario, you will seek to recruit the best personal injury law firm to represent you and get us the compensation we duly deserve. However, the negligent party seeks to compensate you only for the medical expenses incurred due to the physical injuries and call it a day. But it is important for you to know that in a personal injury case, compensation goes above and beyond the medical expenses incurred due to physical injuries. The personal injury law firm you recruit to represent you will thoroughly evaluate your case to file a claim which will best cover all your expenses – tangible and intangible. Here is a list of damages they’ll consider while working on your case. Medical expenses – While it may sound like stating the obvious, but we often think that medical expenses are restricted to the emergency room only. However, that is not the case. You can get compensated for all medical expenses, including X-rays, hospital stay, physical therapy, surgeries, prescriptions, etc. Ask your personal injury lawyer about the medical expenses included in the compensation in your state. Lost income–An injury could often mean that you can’t go to work for a few days or even weeks. It is imperative that calculate all components of your income (wages, tips, bonus, commissions, etc.) you’ve lost due to the injury and include it in the claim. A personal injury lawyer will help you gather the required paperwork to serve as evidence of your income. Physical pain and suffering – An injury is bound to cause physical pain and suffering. Receiving monetary compensation for your pain and suffering is an important component of your physical injury claim. A personal injury attorney can help you arrive at fair compensation based on the nature of your physical injury. Mental health – It is needless to say that along with physical pain comes emotional distress. An accident can cause mental trauma which can also impact one’s mental health. In case you have symptoms of anxiety or depression following the accident, be sure to talk to your doctor as well as the lawyer. All expenses incurred to address any emotional distress should be duly compensated. Loss of consortium –It refers to the impact of a personal injury on a loved one (spouse, children, etc.). Loss of consortium includes loss of affection, companionship, sexual relations, ability to bear children, etc. If you’ve faced loss of consortium due to a personal injury, ensure to let your attorney know. Out-of-pocket expenses – A personal injury may compel you to pay for various expenses as a result of the accident. For example, the injury may require you to hire someone to mow the lawn, buy groceries, or any other activity which you were able to carry out prior to the accident. Inform your personal injury attorney so that these expenses can be included in the claim. Loss of economic activity – A personal injury may force you to leave your job or damage your capabilities to do certain jobs. In such a case, you must get compensated for this loss of economic activity. If you or someone you know has been in a car accident and you need the best personal injury law firm, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced personal injury lawyers. Our consultation is free and we do not charge a fee unless we win your case.
