Articles Tagged with attorney

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Niagara Falls residents are raising the alarm after radioactive waste was found in the backyards of at least 120 homes throughout the region.

Earlier this year, New York State Department of Health Commissioner James McDonald issued a statement acknowledging the severity of the situation.

“What we are dealing with here, which I think is very concerning which is chronic, long-term exposure, because that is really what increases the risk for cancer and other health concerns, so we are taking this very seriously; that is why my team is working this, really, quite frankly, night and day on this thing,” McDonald said.

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Serious accidents can have serious repercussions.

Under ordinary circumstances, securing compensation often feels like an uphill battle. You could have the strongest case in the world, and that often is not enough to stop the insurance company from trying to shortchange you. But when the other driver does not even have coverage, trying to break even, let alone reclaim your former financial independence, could feel downright impossible.

However, you may have more options than you expect. Here is what you need to know about:

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New York law is clear.

If you or a loved one has been seriously injured in a car accident that was not your fault, you have a legal right to take action against the person or party who caused your crash. However, where your no-fault policy will often pay benefits without asking too many questions, the courts are another matter. Judges and juries care about liability, because liability determines who, if anyone, should have to pay your damages. This could be you, another driver, or somebody else altogether.

A lying defendant can make an already-difficult process more frustrating.

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A traumatic brain injury is caused by a sudden, violent blow or jolt to the head.

Most traumatic brain injuries have an obvious source: often a car crash, slip-and-fall, or other serious accident. Traumatic brain injuries, or TBIs, are serious injuries, but they vary considerably in symptoms and presentation. Some TBIs are borderline unnoticeable, while others can cause a temporary loss of consciousness. In a worst-case scenario, an untreated brain injury could lead to a coma or even death.

The 2 Types of TBIs

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Car accidents really can happen in the blink of an eye.

If you live in New York, no-fault insurance provides something of a financial cushion. However, a standard policy is rarely enough to cover all the costs of a life-altering accident. If you have sustained serious injuries in a crash that was not your fault, you could be entitled to file a personal injury lawsuit against the person or party who caused your collision.

Here is what you need to know about:

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A herniated disk is a painful and potentially life-altering injury.

If you have been diagnosed with a herniated disk after an accident that was not your fault, you could be entitled to take decisive legal action against the person or party who caused your injury. A personal injury lawsuit cannot undo an accident, but a successful settlement or court-ordered award could provide the compensation you need to start building back.

Herniated disk settlements often run into the tens of thousands of dollars, sometimes even higher, but there is no standard set amount for an award. Instead, your damages are calculated in accordance with the severity of your injuries, the extent of your financial losses, and the all-around impact on your quality of life.

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You cannot always avoid adjusters after a car accident, but that does not mean you should ever let your guard down while talking to the defendant’s insurance company.

Here is what you need to know about:

The Insurance Company’s Motivations

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If you have been injured in an accident that was not your fault, the prospect of spending months in court for an uncertain outcome could seem like a bad investment. Personal injury cases can take months to resolve, sometimes even years.

However, filing a lawsuit does not always mean committing to trial.

In fact, most lawsuits are never tried before a judge and jury. Instead, they are often resolved through negotiation. Settlements are not reached overnight, but compromise is sometimes preferable to the risk of a full-blown trial.

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Filing a personal injury lawsuit is often a big decision.

If you are in a position to consider taking legal action, there is probably a good reason for it. However, not every accident is worth the time, effort, and energy. If you were involved in a fender-bender that was not your fault and need help with car repairs, you should not have to take on the expense yourself, but, it is often more prudent to work with your insurance than to spend months litigating a property damage case with an uncertain outcome.

This calculus changes considerably when and where serious injuries are involved.

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Evidence can make or break a personal injury lawsuit.

If you sue, the burden of proof is on you. This means that, when you take your case to court, it is your responsibility to convince the judge and jury that another person’s negligence was the direct cause of your accident. Without the right evidence, your claim could collapse.

Sometimes judges let accident victims re-file, but making too many mistakes can come at a steep cost. In a worst-case scenario, a failed lawsuit could be dismissed with prejudice, preventing you from trying to take any further legal action.

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