Will my personal injury case go to trial?

The simple, upfront answer is, 'more than likely no’. When someone suffers an injury as a result of another individual’s negligence, here in New York, they are entitled to damages by way of filing a personal injury claim with the court, regardless of how the injury was incurred, whether from a vehicle accident, an act of medical malpractice, a pedestrian accident, a defective product, daycare abuse and negligence or any other type of accidental injury.

Many people, however, who fall victim to any of these scenarios or encounter injuries through other negligent acts are often hesitant to file any type of a claim for a variety of reasons. People, first and foremost, are typically afraid to file a claim because they are not familiar nor do they understand lawyers and courtrooms. Many people have no desire whatsoever to have to be involved in any type of a trial matter because of all the stress, demands, and the entire uncomfortable process involved, as well as the obvious fact that a case can take a good deal of time to come to a conclusion disrupting lives and families for months and sometimes even years.

Victims can certainly avoid all these unpleasant situations and all the uncertainty that goes along with it by hiring an experienced personal injury attorney to represent them. A New York Personal Injury Attorney will most assuredly simplify the claim, the case, and the overall process from start to finish and work their hardest to ensure that the final outcome is, indeed a fair one.

With a personal injury attorney presenting your case, the odds a very good that your personal injury claim will never make it to trial, but rather settle out of court.

One of the most obvious reasons for an out of court settlement is the simple fact that trials can take a long time and juries can certainly be unpredictable. In most cases, the parties involved in a personal injury claim are more apt to negotiate a settlement outside of court because they can have some degree of control over the final outcome of the claim rather than putting the final verdict and outcome into the hands of a judge and jury.

In addition, settling out of court ensures that parties involved can then avoid the many countless expenses and costs that come into play when a case goes to trial. Attorneys and parties involved in personal injury claims typically all have the same goal in mind - to settle the case as quickly and fairly as possible and avoid all the drama of a courtroom trial. For these reasons, and many more, statistics tell us that the typical personal injury case very rarely makes it to a full trial.

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How Insurance Policy Limits Can Affect My Case

If you have been involved in an accident and another individual is at fault, one of the first thoughts that come to mind is, do they have enough insurance to cover all my injuries and damages? Whether you and your attorney are attempting to settle your case outside of a courtroom with the insurance company directly or have to go through a complicated, prolonged court proceeding, it is important to understand just how insurance policy limits can affect your case.

The key elements that come into play when an appropriate settlement amount is to be determined are the nature and the extent of your injuries and the policy limits of the at-fault parties. The policy limits define the amount of insurance coverage that is available to compensate a victim for injuries sustained and losses incurred as a result of an accident and plays an important role in the entire settlement process.

If the party at fault does not have sufficient insurance coverage to compensate for your losses and injuries or has no insurance at all, then indeed your case has just become a bit more complicated. You may ask why? The simple answer is that any insurance company is only liable for the dollar limits that exist in the policy and cannot, therefore, pay out large sums of money for serious injuries and damages if the insurance coverage limits on the policy are low and do not satisfy the extent of the injuries and losses. If the at-fault party does not have sufficient coverage, then it is necessary to seek out other resources to compensate the victim for injuries and losses.

Regardless of the injuries you may suffer, the loss of income you suffer, or any other expenses or losses that are incurred as a result of your accident, if the at-fault party does not have an insurance policy with sufficient policy limits to cover your losses then the insurance company is only liable to pay the limits of the policy and nothing more. With that said, your final settlement can be seriously affected by the amount of insurance coverage and the policy limits of the at-fault individual’s policy.

If the at-fault party has limited or insufficient coverage to pay for your injuries and/or losses or has no insurance at all then your own insurance company adjuster will handle the negotiation of the claim moving forward in their efforts to cover the difference of the appropriate settlement amounts for your specific injuries, damages and losses. "For a free consultation to explore your legal options call the attorneys at Popick & Rutman today" (718) 321-7460 and also visit our website.

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Common Construction Accident Cases a Personal Lawyer Can Help You With

Common Construction Accident Cases a Personal Lawyer Can Help You With

One of the most dangerous jobs out in the workplace is that of construction workers on a busy, complicated construction site. Accidents certainly happen all the time on construction sites and, more often than not, these very accidents result in workers becoming severely injured, disabled or even killed.

We all know that employees are covered by workers’ comp insurance, but typically coverage provided through workers’ comp is not sufficient to compensate construction workers that are severely injured, or the families of construction workers who have lost their lives on the job fairly or appropriately. With that said, should you become injured on a construction site or a family member loses their life on the job, hiring a New York Construction Accident Attorney can help you to receive the appropriate compensation for your injuries, losses or family member’s death. Your construction accident attorney will file claims against all those individuals or companies that contributed to your accident and are either individually or collectively at fault.

There is a wide range of construction site accidents that typically require the expertise and representation of a highly skilled and trained construction accident attorney. Some of the more common construction accident cases a personal injury lawyer can help you with include accident falls, equipment accidents, welding accidents, serious burns, crane accidents, electrical injuries, scaffold injuries, building collapses, forklift accidents, ladder accidents, structural failure on the site, dumpster accidents, elevator accidents, negligence of a site manager or supervisor, gas explosions and even vehicle collisions and accidents to and from as well as on the construction site itself.

Many of these accident types can result in serious injuries, lost wages, medical costs and even death. Regardless of what type of accident you are involved in on the construction site, when an accident is the direct result of someone else’s negligence, whether the site property owner, your construction supervisor or manager, or equipment manufacturers of the on-site equipment you are operating, hiring a construction accident attorney is the best approach for you. An attorney will dedicate long hours and hard work to ensuring that you are properly compensated for all your losses, including lost wages, medical expenses, loss of your future earnings, and even pain and suffering.

It is important that individuals who are injured on a construction site or the families who suffer a tragic death of a family member from a construction accident, engage the services of an experienced construction accident attorney who is directly familiar with all the ins and outs of construction law, has a comprehensive understanding of your specific case and all its details, and can provide you with top notch professional representation from the onset of your case to its final resolution. If you have been injured on a construction site, then the time is now to contact one of our highly reputable New York Construction Accident Attorneys for a free consultation and learn just what options you have and what your next step should be. "For a free consultation to explore your legal options call the attorneys at Popick & Rutman today" (718) 321-7460 and also visit our website.

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What Should I Do If I Think a Nursing Home is Acting Negligently?

It can be a very sad time in our lives when we have to put our elderly parent or parents into a nursing home. For many people, this is supposed to provide them with peace of mind to know that their loved one is in the hands of trained, compassionate professionals who will be there to give love, care and attention to a loved one as needed. It is challenging in and of itself to turn around and leave a loved one in a nursing home, but how devastating it is to witness firsthand that your loved one or another elderly resident is being abused while in the nursing home.

If you witness abusive acts against your loved one or any other resident there are a few important steps you must take. To begin with, make certain to document all that you have seen occur, for each incident you have witnessed. Be certain to include as many details as you possibly can and write down the actions and incidents as specifically as possible. Include patient names, their room numbers, what acts of abuse or neglect you witnessed and the dates and times of the actual incidents.

Next, you want to be certain to get and write down all the names of staff members that were on duty at the time on the floor where the abuse or neglect took place and the names of their managers, supervisors and administrators as well. These individuals will be very important to your case, whether or not they were involved in the actual neglect or abuse. If the abuse occurred to someone other than your own loved one, try to reach out to a family member or friend of the abused elder and advise them of what you saw and any details you can provide to them.

Additionally, if it is not your loved one that has been violated, it would be a good thing to reach out to the resident that has been abused and make conversation with them inquiring if there is anything that they might need in your efforts to obtain additional information about the neglect or abuse and perhaps even find out how long it has been going on. Anything you can find out from the resident will obviously be helpful to their family members when they give attention to the matter.

Finally, one last important step you should take is to make a phone call to the appropriate state organization to report the alleged abuse and neglect so that a thorough professional investigation can then be performed. Engaging in this communication is essential to your own family member’s health and safety or the health and safety of any other resident you witnessed being abused or neglected.

Regardless of the results of the investigation, it is important that you notify the state of your concerns. Make your 'in good faith’ report as soon as possible. Even if you feel a bit unsure or uncomfortable about filing the report, do not hesitate to make your report since you may very well play an important part in putting a stop to the abuse and make certain that no further abuse will take place.

Whether the abuse you witnessed was to your own family member or to another resident, know how important it is that you report your findings in your efforts to help keep all nursing home residents safe and healthy and certainly free of neglect and abuse. Elderly people are in need and your dedicated acts of concern can certainly help make their innocent elder lives safer, healthier and happier.

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