I have represented hundreds of people who have been injured in accidents. I know how difficult an injury can be as I myself sustained a herniated disc in my neck in December of 2013. In my darkest hours, even the most basic tasks required a herculean effort. Typing, tying my shoes, and even buttoning a shirt caused excruciating pain. This experience gave me a deeper appreciation of my clients’ struggles, and made me even more sympathetic to their plight.
Understanding Personal Injury Claims
Personal injury claims are civil claims that stem from an accident or injury due to the negligence, or the fault, of another person. These accidents and injuries can occur in a range of situations, including, car accidents, medical malpractice, slip and fall cases, defective products, and assaults. Some of these accidents can happen in what seems to be a split second, resulting in not only physical injury, but psychological as well.
After suffering injury due to the negligence of another party in a personal injury case, you may be left with a myriad of feelings, such as confusion, and being overwhelmed by piling medical bills, as well as, how you will bring about your legal claim. I understand that frustration and fear, not only because I have walked numerous clients who have come with those same feelings through their legal journey, but I have also suffered an injury that left me struggling to tie my shoes and button my shirt. In December 2013, I sustained a herniated disc in my neck, which left me with a deeper appreciation of my clients’ struggles and has made me even more sympathetic to their plight.
What Do I Need to Prove in my Personal Injury Case?
The majority of personal injury claims are made based on negligent behavior of another party, which resulted in the accident or injury occurring. To prove negligence, the injured party must show that there was a (1) duty owed to him by the other party, (2) the injuring party breached that duty by conducting the behavior causing the accident, (2) the injuries sustained were caused by the negligent behavior of the injuring party, and (4) damages occurred as a result. Damages that the injured party may receive include: compensatory damages such as compensation for medical bills due to the injuries caused at the accident, lost wages as a result of missing work, emotional distress, pain and suffering, wrongful death, as well as punitive damages.
You can prove these elements through evidence collected from the accident, including police reports, eyewitness statements, photographs from the accident, medical records and documentation from work regarding any time off or special circumstances. The burden is on the injured party to prove all elements of the claim, thus, collecting all the information from your accident prior to filing your claim will greatly benefit you.
When Do I File?
Although it is probably the last thing you will want to think about when recovering from an injury, it is imperative you file your claim within what is called the “statute of limitations.” This time period is established by state or Federal law and specifies the time limit for which you are able to file your personal injury claim against the injuring party.
What are the Potential Outcomes for My Injury Case?
Depending on your claim, you may wish to explore your options of settling your claim outside of court. Settlement can be a suitable alternative when parties are willing to negotiate through their dispute and come up with a legal situation that is memorialized in a written agreement for payment. While settlement is ideal, there are many cases in which the injuring party may not agree with their liability or take responsibility at all. In these situations, the victim needs a zealous advocate to campaign for their rights to compensation as a result of their injury.
What Do I Do Next – Contact an Injury Lawyer?
At Haicken Law, we focus primarily on personal injury such as those resulting from car accidents, medical malpractice, and slip and fall cases, however we are willing to discuss any personal injury claim with you. Regardless of the type of injury you have sustained, or how the accident has occurred, we are here to help.
Personal injury claims can become complicated once you have decided to initiate a legal claim. Make sure you are following the proper steps to ensure that your claim is heard by contacting the offices of Haicken Law, either by phone at (212) LAW-TEAM or using our online portal. Our attorneys proudly represent clients in the New York City area and will always make time to speak with you regarding your claim.
Regardless of the type of injury you sustained, or how your accident occurred,please call me. I’m here to help.
I have worked on car accident cases of just about every type, from accident cases involving taxis, bicycles, ambulances, to police cars, and commercial trucks. One particular motorcycle accident case involved my client, the motorcyclist, colliding with a cow on a country road in upstate New York. In that case, we sued the farmer whose negligently repaired fence had enabled his cows to wander onto the road in the middle of the night.
Car accidents are the most common type of personal injury claims; the National Safety Council estimated that there were 4.4 million people injured as a result of a car accident in 2015. With gas prices continuously declining, travel has been increasing, and as a result, so does our risk for injury.
The No Fault Rule for Car Accidents
If you are injured in a car accident in New York, you are entitled to have some insurance company pay for up to $50,000 of your medical treatment, regardless of who is ultimately found responsible for the accident. (Once the bills start piling up, the insurance companies invariably employ all sorts of dirty tricks to stop paying. More on that in another blog post.)
The trade-off for this free medical treatment, is that in order to get money for pain and suffering, i.e., cash money paid to you, the one who has been injured in an accident, you have to prove that you have sustained a “serious injury” as defined by insurance law 5102.
Whose insurance company pays for injuries from a car accident in New York?
If you are a pedestrian, a bicyclist, or a skateboarder, and are hit by a car or a motorcycle and need medical treatment, the insurance company for the car or motorcycle that hit you is on the hook for your medical treatment, up to $50,000. If you are the driver of or a passenger on a motorcycle and are hit by a car, or another motorcycle, you are not entitled to any no-fault benefits. The trade-off here is that in order to get money for pain and suffering, you do not need to meet the serious injury threshold requirements. (If you are merely touching your motorcycle, but not riding it, and are hit by a car, that is considered the “use or operation” of a motorcycle. You will not be entitled to no fault benefits, and you don’t have to meet the serious injury threshold.)
If you are inside a car, whether as driver or passenger, and are injured in an accident, the insurance for the car that you are in, the “host” vehicle, is your no fault insurance company.
There are specific claims however that no fault insurance does and does not cover. For example, it does cover your medical and therapy bills but it would not cover pain and suffering damages. The amount you receive from your insurance carrier will depend on your coverage plan. The vast majority of car insurance policies in New York carry the state minimum of $50,000 per person. If you receive a cash settlement after the no fault insurance company has paid for some or all of your medical bills, the car insurance company is not entitled to be reimbursed from your settlement for the money that it has spent on your no fault insurance, up to $50,000. However, if your car insurance policy contained a limit of more than $50,000, for instance, $75,000, the insurance company may be able to get back the money paid over and beyond the minimum $50,000 that is required.
What happens if you’re hit by an uninsured vehicle, or someone hits you and flees the scene?
If you are injured in an accident by someone who does not have any insurance at all, or if you are injured in a hit and run accident, you may still be able to get money for your medical treatment (no fault payments to your medical providers) and you may also be able to get money for pain and suffering, assuming that you have sustained a “serious injury.”
If you yourself own a car, or live in the same household as someone who owns a car, then that car insurance company becomes your de facto no fault provider. If your personal injury attorney believes that the injury you sustained in the accident rises to the level of a “serious injury” then a claim could be filed with the same car insurance company for uninsured motorist benefits. See my blog post “Insurance for crossing the street.” Your insurance company, or that of your relative or friend with whom you live, would step in to the shoes of the uninsured driver and defend the claim as if it had insured this person, or phantom person.
Having uninsured motorist coverage is definitely no guarantee of payment in the event of an accident. It simply means there is the possibly to get paid.
What if you are injured in a hit and run accident, or by an uninsured motorist, and you don’t own a car nor live with someone who owns a car?
In this situation, a claim can be made against the Motor Vehicle Accident Indemnification Corporation or MVAIC. This is a non profit corporation that is funded by all the insurance companies that do business in the state of New York. MVAIC will become your de facto no fault carrier, and also defend the bodily injury portion of your claim. Much like an uninsured motorist claim, MVAIC steps into the shoes of the hit and run driver and defends the case as if it insured this person.
Serious Injury Requirement
You may seek financial compensation from the opposing party for pain and suffering damages via personal injury lawsuit if you are able to meet the serious injury requirements set out by New York law. Some of the conditions that will would qualify a victim as proving serious injury include significant disfigurement, loss of a fetus, dismemberment, fracture, death, permanent loss of usage of bodily organ, member, function or system, as well as significant limitation of use of a body function or system. Satisfying this standard can be difficult, thus, seeking the professional assistance of an attorney to negotiate with an insurance adjuster as well as a possible at fault parties will help ease that burden.
There are ways to surpass the serious injury threshold and file a personal injury lawsuit against those whose negligence may have caused you harm. Contact the Law Team at Haicken Law to find out more about your rights to compensation. 212-LAW-TEAM.
Negotiating Your Settlement
Negotiating a settlement is the final stage of your process for filing a personal injury claim from a car accident. It is important that you have all the necessary information to present your claims to the insurance company in order to reach a settlement. Make sure you are aware of what your insurance policy entails; collect evidence such as photographs of the scene, eyewitness testimony, police reports, as well as evidence of weather reports, your own detailed summary of the accident and your medical records. It is important that you speak with your personal injury attorney about other accidents you may have been in, as this could have a significant impact on your settlement.
Contact Haicken Law
No matter how your car accident occurred, I may be able to help you get the money you deserve for your injuries. If you were injured in a car accident due to the negligence of another driver and have suffered a substantial injury, you may be entitled to additional compensation. While this may be an overwhelming time for you or your loved one, the attorneys at Haicken Law are here to walk you through every step of the process. As a former claims attorney for a large insurance company, I know the tricks that insurance companies use to attempt to withhold money from deserving claimants. I use the experience I gained as an insurance claims attorney to be the best personal injury attorney I can be. Please do not hesitate to reach out to us by calling (212) LAW-TEAM or using our online portal. Our attorneys proudly represent clients in the New York City area and will always make time to speak with you regarding your claim.
I know that many doctors are competent, caring professionals. I myself come from a big Jewish family, many of whom are doctors practicing in various areas of medicine, scattered throughout the United States. My father is a general surgeon in Florida, while one of my uncles is a radiologist here in New York, and another uncle is a cardiologist in Tennessee. Practicing medicine has been a livelihood in my family for generations; my grandpa on my mom’s side was a family doctor, who made house calls during the Great Depression and spent most of his career caring for the poorest citizens of Baltimore. I am proud of the life-saving work of the doctors in my family, and I understand because I have seen firsthand how tough a job it can be.
Unfortunately, human error happens everyday and medical injuries are a result of that. Far too often, the corporations that run hospitals frequently put profits over patient safety. Doctors are often pressured to rush from patient to patient in order to meet quotas and sustain their practice or keep pace with their workload. When medical malpractice occurs, the results can be catastrophic and even deadly.
Filing Your Medical Malpractice Claim in Time
Medical malpractice results from a medical provider breaching the standard of care that they owe to the patient, which then results in injury. Medical malpractice claims, like other personal injury claims, are subject to a particular statute of limitations. While the statute of limitations, or specified time frame in which a patient has to bring their legal claim, differs based on state law, in New York, the deadline for a malpractice suit is two years and six months, or 30 months. This is measured from the time at which the alleged malpractice occurred or from the last treatment received, when you have had reoccurring treatment for the injury due to malpractice.
Many of us have heard of the rare stories in which a foreign object is left in a patient’s body during surgery. These very specific situations are subject to the discovery rule, which requires that a claim is filed within one year of the date of discovery of the object or one year from the date which patient was given information that would lead him or her to discover the malpractice and foreign object. Thus, due to the time sensitive nature of these claims, it is important to contact an attorney to start discussing your legal rights to compensation.
Potential Damages in Medical Malpractice Cases
In medical malpractice cases filed in New York, there is no limit on the damages a patient may seek for their injury. A patient may seek compensatory damages in the form of economic and non-economic loss, as well as punitive damages. Economic loss or damages are those actual losses that the victim is seeking to be compensated for, such as medical costs, and loss of wages due to time away from work recovering or undergoing treatment. Non-economic loss or damages are more subjective and seek to compensate for loss of enjoyment of life, pain and suffering, and permanent disability or disfigurement, among other damages. Punitive damages are damages awarded by the court not to compensate the victim, but to punish the wrongdoer. In order to be awarded punitive damages, it must be shown that the medical provider intended his actions, acted recklessly or with malice or fraudulent intent.
New York follows the rules of pure comparative negligence, thus, if you are found to be partially at fault for any of your injuries, your award may be reduced by the percentage to which the court can attribute responsibility. This may be difficult to prove and usually results from a patient acting negligently as well. It is important to assess all of these factors when making your medical malpractice claim with an experienced attorney to help you determine the most effective case in order to receive a fair award.
Contact Medical Malpractice Attorneys – Haicken Law
If you believe that you have been the victim of a medical mistake, please do not hesitate to reach out to me and my team today to discuss your claim. We will work through all the complex elements of medical malpractice to determine your legal rights to compensation, in order to make you whole again. Call us today at (212) LAW – TEAM or use our online portal. Our attorneys proudly represent clients in the New York City area and will always make time to speak with you regarding your claim.
Slip and Fall Cases
A slip and fall can occur anywhere, anytime. This type of accidents can occur in a number of situations, for example, it may be due to a broken sidewalk, a spilled drink at a bar that has left the floor wet or slippery, a faulty refrigerator at the grocery store that has leaked onto the floor, or an icy walkway that was not properly salted or plowed by the owner or tenant. In a number of these slip and fall cases, I have helped my clients get rightful compensation owed to them for their injuries from these fall down accidents, and look forward to discussing your case with you, too. Here is a brief summary of some of the legal factors we consider in determining liability to establish your slip and fall claim.
Who is Responsible for Your Fall?
While many of these slip and fall cases are due to an honest mistake on the part of a property owner, there are certain requirements that owners must meet in order to keep their premises safe from injury. For the owner to be liable to the victim for the injury that resulted, the owner or his or her employee must have either (1) known about the dangerous condition, but failed to do anything about it to remedy the situation (2) have caused or created the dangerous condition, or (3) have known of the dangerous condition, since a reasonable person as caretaker to property would have discovered the condition and remedied it. Slip and fall cases are based on negligence of the owner; thus, a victim will need to establish the duty of care owed to them, how the owner breached that duty they were owed, that the negligence resulted in injury to the victim, and finally that damages resulted.
However, the court takes a realistic approach to these cases and in some cases has found that owners or occupiers of property cannot be held liable for failing to immediately remedy a spillage that just occurred without anyone knowing or failing to fix a discrete issue that the average person should expect to look out for and avoid or to find in a specific spot, such as a floor covering.
What If I Am Also At Fault?
Additionally, the liability of the owner will be mitigated by any responsibility of the victim in the injury. Courts will look to see whether the victim was outside of their permitted right to be in that area, how long the dangerous condition was left exposed, whether the dangerous condition was in a high traffic area, as well as whether there were warning signs, and if the victim were distracted when he or she encountered the dangerous condition. If you were not a permitted visitor of the property, it will be difficult to establish liability since no duty is owed to trespassers. However, those who are on the owner’s property for the owner’s benefit, such as those shopping in a grocery store, are owed a much higher duty of care.
When Do I File My Claim?
Slip and fall accidents are subject to a different statute of limitations than other personal injury claims in New York; the injured party in a slip and fall case must file the claim within three years of the accident. This three year timeframe applies to owners of private property or commercial property. A different standard is used to assess slip and fall accidents that occur on government property. To sue an entity such as the City of New York for a slip and fall or trip and fall, one must first file a notice of claim and comply with several other requirements. A lawsuit must be filed within one year and 90 days.
Contact Haicken Law
It’s important to speak to a lawyer immediately after a slip or fall accident so that evidence can be preserved. Slip and fall cases can result in mild to very severe injuries that can in some cases require extensive rehabilitation and medical care. The aftermath can be quite expensive, so do not wait in initiating your legal claim today. Contact us at (212) LAW-TEAM, or use our online portal. Our attorneys proudly represent clients in the New York City area and will always make time to speak with you regarding your claim.
Falls can occur anywhere, anytime. I have helped many people get money for their injuries from fall down accidents. These type of accidents can occur for example, because of broken sidewalks, spilled drinks at a bar, leaky refrigerators at the grocery store, or icy walkways that were not properly salted or plowed. It’s important to speak to a lawyer immediately after a fall down accident so that evidence can be preserved.
Unfortunately, civil rights violations have made national headlines all too often lately. Although there are many capable and trustworthy police officers ensuring that our streets are safe, some have been shown to have crossed the line when it comes to displaying more force than necessary during criminal investigations. In 2014, here in New York, we saw the video of four police officers severely injuring and eventually killing 43 year old father, Eric Garner, using excessive force. This case was not the first we as a nation have heard about dealing with police brutality. In 2015 in Chicago, Illinois, teenager Laquan McDonald was shot 16 times in the back by a police officer, who is awaiting trial. In July of 2016, Philando Castro was fatally shot during a routine traffic stop in St. Paul, Minnesota, while Alton Sterling was also fatally shot after an altercation ensued with police officers in Baton Rouge, Louisiana. While these cases bring to light the highly emotional topics of police brutality and excessive force being exercised, maintaining our civil rights today is just as important as ever.
What are Civil Rights?
Here at Haicken Law, we handle various types of civil rights violations, not only those cases including police brutality and excessive force, but false arrest, and false imprisonment, among many others. As a citizen of this country, you are entitled to certain civil rights, including the right to freedom of speech, press and assembly, to vote, as well as right to be treated fairly. We here mostly focus on cases of police misconduct including excessive force/police brutality and false arrest.
When it comes to police misconduct, there are certain factors a protected citizen must prove in order to bring a case against a government employee.
Contact A Qualified New York Attorney Today!
I help get compensation for people who have been mistreated by law enforcement. If you have been the victim of false arrest, false imprisonment, police brutality or excessive force, you may be entitled to money. These cases are very tricky and time sensitive. It’s important to speak with a lawyer today about your police misconduct case. The skilled attorneys at Haicken Law are here and willing to listen. Contact us at (212) LAW-TEAM, or using our online portal. Our attorneys proudly represent clients in the New York City area and will always make time to speak with you regarding your claim.
If you have been injured at work, I will do everything I can to help you obtain the maximum allowable Workers Compensation benefits. Even if the accident was your fault, you may still be able to collect benefits. You could also be entitled to additional compensation through a lawsuit. Why settle for just a Workers’ Comp check if a lawsuit could bring you real justice?
Construction work is one of the most difficult occupations a person can have, not only is it physically taxing and may include long days, but the work done and exposure to chemicals make this job very dangerous compared to others. Construction site injuries can be particularly devastating, as they often involve falls from great heights or objects falling and landing on unsuspecting workers below. After these intense accidents, workers can require prolonged medical attention, which may result in increased time off work, disability, and in some situations, taking time to adjust to an entirely new lifestyle.
Types of Construction Accidents
Construction accidents vary greatly in scale, including not only those tragic cases many of us have heard on the news from all over the world where buildings have collapsed or equipment has failed to hold workers constructing or making improvements, but also exposure to toxic chemicals at job sites leading to dangerous and lasting effects on the body that only show up years down the line. The most common types of construction accidents include:
- Explosions – resulting from inadequate storage of chemicals and materials, gas explosions, storage of combustible materials within close proximity, and defective products;
- Scaffolding and ladder accidents – these can result from ineffective assembly, objects falling from higher scaffolding, workers falling, ill maintained equipment, and unkempt surfaces;
- Slip, trip and fall accidents – resulting from wet, slick, icy or weather dependent conditions that should have been maintained prior to work starting;
- Electrocutions – resulting from unmaintained accessible and open power lines, inadequate equipment for protecting voltage, and contact with exposed wire;
- Machinery accidents – resulting from either defective product design, user error or unmaintained equipment by those responsible;
- Mesothelioma – results from prolonged exposure to asbestos fibers that cause a particular form of cancer, which is commonly mistaken for other illnesses due to the late development.
Sometimes establishing responsibility in a construction accident can be difficult. During this time, it is important to contact an experienced attorney to help establish a plan of action for building your case and collecting the evidence pertinent to your claim. Depending on the accident, the role of each party in the accident, and their knowledge, liability can be attributed to a number of parties. It may be found that the employer of the construction workers failed to warn, give adequate warnings or train the workers on job site conduct, that the designing architect failed to implement a known industry standard for building protection, or a supplier ineffectively assembled or supplied the product causing the injury. The list goes on with other parties such as subcontractors, contractors, and product manufacturers.
The Occupational Safety and Health Administration of the United States Department of Labor is responsible for regulating construction worksite standards for the industry and providing them for employers and workers to ensure their safety. OSHA not only regulates the law making process for construction industry topics but also provides requirements for your workplace to avoid hazards. Thus, it is important for both employers and workers to determine whether they have been trained using OSHA’s requirements and safety procedures in the workplace. Failing to maintain safe practices in the workplace can quickly lead to liability and result in an unnecessary accident, that may change the lives of those involved.
Depending on whether a worker files a personal injury claim or workers’ compensation claim, different damages may be available. In our Practice Area titled Workers’ Compensation we discuss in detail the damages available for those types of claims. Most benefits will be covered through workers’ compensation insurance. Personal injury claims are generally only available when the party causing the injury can be proven to be a third party, such as a building owner, general contractor, manufacturer or supplier of a defective or dangerous product.
Contact an Experienced New York Attorney Today!
It’s important to speak with a lawyer experienced in construction accidents who can get you the most money possible for your construction site injury. Your medical bills cannot wait and neither can you to receive the proper treatment you deserve. If you feel that a construction accident was due in any part to the negligence of another party, whether it be a site developer, supplier, contractor or subcontractor, please do not hesitate to reach out to our team of experienced and driven attorneys at Haicken Law using the phone number (212) LAW-TEAM, or using our online portal. Our attorneys proudly represent clients in the New York City area and will always make time to speak with you regarding your claim, no matter your level of fault.
If you’ve been arrested, or have even gotten a phone call from law enforcement, it is very important that you speak with a lawyer immediately. Being charged with a crime may be the most difficult experience of your life. Don’t go it alone! Along with co counsel at the Brill Legal Group, we can help you from pre arrest through trial, and even appeals if necessary. While criminal cases are not handled on a contingency fee basis, we have reasonable rates and will work with you through this trying time.
Prior results do not guarantee a similar outcome. Attorney advertising.