How to Handle a Faulty Product Liability Situation

 So you purchased a product and in just a short span of time learned that your product is faulty and/or defective, and you ultimately suffered injuries as a result of its defect. So what is a consumer to do? You are just an average Joe who purchased a defective, faulty product and have even suffered injuries along the way, but surely you have no idea how to handle a faulty product liability situation. 

Well, to begin with, most product liability cases are extremely complicated and indeed very challenging. The average case typically requires all sorts of expert analyses and testimonies. Depending upon the product itself and the resulting injuries, if any, your case may even require advance scientific evidence or even statistical evidence as well. With that said, the key to your product liability case is finding and hiring the experienced product liability attorney. 

When hiring an attorney for a product liability case, clients are required to pay on a contingent fee basis, although you will probably be required to pay costs up front like filing fees, deposition fees and even expert fees. Since these types of cases can be confusing and complicated, it is best to find yourself an attorney who is up for a challenge and remarkably competent and experienced in product liability. 

INDIVIDUAL LAWSUITS OR CLASS ACTION SUITS

Product liability cases can be filed and pursued by individuals, but many times are filed as class action lawsuits since the faulty product injured or affected many people. If, however, you have been injured using a specific product and wish to pursue an individual faulty product liability lawsuit, then surely that is the approach you should take. Though you will be put under some serious scrutiny about the product itself, your use or misuse of the product and even your injuries suffered, hiring an experienced attorney who will properly represent you can and should be beneficial. 

When filing a product liability case, many times a good lawyer can have your case settled before it has to go to trial. However, if your attorney cannot settle, then the next step is to file suit. Keeping in mind that there is much at stake for the manufacturer of the product should you go to trial, including the fact that your individual case can open the door for many more lawsuits as well, there is a good chance that with a highly professional and experienced product liability attorney your case can settle out of court. The manufacturer’s fear of exposure from the case may force their hand to settle quickly, fairly and out of court. 

What to do if Injured on the Job in New York State

 Whenever an employee is injured on the job, it is important to know your rights. Our law firm is here to assist you and explain what to do if injured on the job in New York State. We offer a free consultation wherein we analyze your claim and determine what exactly we can do to help you during this difficult time. 

It is mandatory for all employers in New York State to carry Workers’ Compensation Insurance. Workers Comp is specifically designed to provide necessary medical care and a percentage of lost wages to an employee during the recovery period following their injury. When a work-related injury takes place the incident and claim are reported to the employer’s insurance carrier. 

The insurance company will determine a specific length of time that an injured employee is allowed to be out of work as a result of their injury. If, however, after this designated period of time you find you are still unable to work, then this is where the experience and know-how of our capable attorneys will come in. In this scenario, trying to represent yourself would not be in your best interest since the system and the insurance companies can be remarkably complex. 

HIRE A WORKERS’ COMPENSATION ATTORNEY 

As a Workers’ Compensation claimant you are entitled to hire an attorney to represent you and fight for your rights. With that said, we want every employee who has been hurt on the job to reach out to our superior team of lawyers for an informative free consultation. We will gather information from you, review your claim and determine what your rights are and what we can do to help you. Our attorneys are committed and dedicated to all our clients and strive to deliver top of the line legal representation. We will provide legal advice, handle all the necessary, and sometimes confusing, paperwork, and represent you in the courtroom as we strive to be awarded the maximum benefits that you deserve based upon your injury and any disabilities resulting from same. 

Insurance companies are famous for denying claims and/or sending injured employees back to work long before they are capable of doing so. This is where our expert attorneys come in. We are here to protect your rights. Insurance companies want to pay little to nothing at all to the worker, which is why it is in your best interest to contract with our team in order to best protect your rights and to make certain that you are properly compensated for your injuries. 

During your free consultation, we will explain the entire Workers’ Compensation process to you. In addition, we advise all our clients that in New York the Workers’ Compensation judge sets the attorney fee that would be awarded to us for the representation of your claim. Our fees are based on the amount of money awarded to you, the claimant, by the court as well as on the amount of work we perform on your behalf. There is no set fee or percentage fee since the fee is set by the Judge at his or her discretion. As a rule of thumb, the fees for a Workers’ Compensation attorney typically run about 15% of the award a claimant receives from the court.

MUST FOLLOW STEPS IF YOU ARE INJURED ON THE JOB 

First and foremost, you must report your injury immediately to your boss or your supervisor. You do have a maximum of 30 days from the date of the accident or incident to notify your employer to protect your rights. 

Next, get medical attention as soon as you can following the accident and be certain to tell your doctor that it is a work-related injury. 

To protect your rights under Workers’ Compensation Law, be certain to reach out to our highly experienced and professional team of attorneys for your free consultation. 

Finally, be certain to file a C-3 form that is required by the Workers’ Compensation Board within two years from the date of your accident. 

Every injured employee should be properly compensated for their lost wages, their injuries, and any disabilities they may suffer as a result of their work-related accident. Remember filing a Workers’ Compensation claim is not easy, so don’t lose out on what you deserve or jeopardize your rights. Contact us today. We look forward to serving you.

STEPS TO TAKE AFTER A DOG BITE

The season of summer is finally here. The weather is perfect for the outdoor activities. Many dog owners will definitely be taking their dogs for walks in the parks or on the streets. While this is not necessarily a bad thing, there is an increased risk of dog bites. 

A dog bite victim can take legal action against the dog owner. The dog owner may be found responsible for reimbursing the dog victim for:-

· Lost income

· Medical bills

· Property damage, and

· Pain and suffering

So what is the step by step process that a dog bite victim can take after being bitten? The purpose of this article is to provide the answer to this question. The following are the recommended steps to take should such a situation arise:- 

1. Identify the dog and its owner(s)

Immediately after the dog bite it is imperative to identify the dog and its owners. Get their home and work addresses and any other way that they can be reached. Also, get a few witnesses who saw the incident because they are the ones who are going to verify your version of events.

2. Take Photographs

Photographs provide great pieces of evidence. Taking pictures of all the injuries and of the place where the dog bite attack took place is very important as it will serve as evidence when seeking compensation . Make sure to take pictures of all wounds, bruises, torn flesh and torn clothes.

3. Seek medical help

Regardless of the severity of the bite, it is always a good idea to always get medical attention after the dog bite. Depending on how serious the bite is one can either dial 911 or proceed to the nearest clinic. Dog bites can be infected very easily. There is also a chance that the dog had rabies. 

4. File a dog report

Once treated, the dog bite victim should file a dog bite report with the relevant city or county authorities. This report will help the next victim to be attacked by the dog as it is a record of instances that the same dog has bitten a person. If a dog has bitten people many times then it poses a threat to society and should be exterminated.

5. Contact a Lawyer

Do not waste time in contacting a lawyer. Dog bite law is very intricate and complicated. One needs the help of a lawyer. The injury lawyer will know how best to handle the situation from that point onwards.

Know Your Legal Rights

We have recently been retained by a client in a situation that illustrates how anyone in their everyday life may end up in a circumstance requiring the legal advice of a personal injury attorney.

This particular client was shopping in a local store of a nationally known branch. Due to the negligence of store personnel, one of those anti-theft devices that is removed at the register was laying on the floor, the pointy needle part sticking up. Our client accidently stepped on that pointy pin-like item and punctured her shoe and her foot. The foot became infected causing both pain and suffering as well as necessitating medical fees to see her doctor for treatment. We intend to file a claim on her behalf and negotiate a reasonable settlement with the store’s insurance company or their attorneys, to include the medical costs and remuneration for a pain and suffering. If no reasonable agreement is reached we will be her legal representation in court.

The key point is that anything can happen to anyone at any time. Should you ever be in a situation in a store, on a public street, in a vehicle where you are injured you too may benefit from the legal representation of a skilled and experienced personal injury attorney. Clearly no one wants to get hurt but if you accidently do it’s important to know your legal rights.

You’ve fallen on a public street. Now what?

Sometimes in everyday life we fall down and get injured, but what happens if this occurs on a public street? If your tumble was due to a broken sidewalk or something of that nature, there are certain steps that should be taken. Here is a good idea of how you should proceed.

Assess You Injuries On The Spot

If you should fall down on a public street you should not attempt to get up quickly since there is a chance that you may have sustained some type of serious injury. Try to move as slowly as possible and closely monitor the way that your body responds. If you don't notice anything different that is great. On the other hand, if you have difficulty getting up, you should call out for assistance.

Seek Medical Attention

This advice applies to both those who are able to get up and those who are not. Some people falsely believe that you don't need to be checked out if you feel fine, but this is not always the case. There are some delayed injuries in many cases and you will not have any recourse if you wait too long to seek help. If you are badly hurt, call an ambulance. Otherwise, head to the nearest medical facility and let them know what occurred.

Contact A Personal Injury Attorney

If you have been examined and it has been determined that there are substantial injuries, you need to get in touch with a Personal Injury attorney as soon as possible.  The main reason is that many falls involves municipalities who require filing a notice of claim before you may make a claim against them.  There are short time limits to file the notice of claim and to start a lawsuit. You should also furnish pictures of the place where you fell (if available), contact information for witnesses and anything else that you believe will be useful. Never contact anyone else since you do not know where their loyalties belong.  Allow your attorney to handle it.

When you fall on a public street, it is important that you proceed correctly. Keep all of this information in mind in case you are ever unfortunate enough to need it

Popick and Rutman

When Is It Necessary To Call A Personal Injury Attorney?

Sometimes people are injured and it is no big deal, for example if you cut yourself and the only treatment you need is a band aid. But when yousustain an injury such as a fracture, an injury that causes significant pain that will last for a prolonged period of time or you sustained lost wages because you cannot work  it would be in their best interest to get in touch with a personal injury attorney. Here is some common injury situations in which you may need to consult with an attorney if injured.

Slips and falls are a very common occurrence that may require the help of an attorney. If someone slips on property that belongs to another and it was due to the owner's negligence or a statutory violation it is possible to recover damages. Hiring an attorney will help determine the injured party’s monetary damages.   Consulting with an attorney is mandatory to find out if the owner has legal liability for the condition that caused the fall.

Buying a product that is defective can cause harm in some cases. For instance, if a car seat is purchased and it does not perform as it should and a child is injured, the parents have the right to sue the manufacturer. This type of case sometimes involves many others who have experienced the same type of trauma and is referred to as a class action suit.

Industrial diseases are another reason to get in touch with a personal injury attorney. If a factory worker is diagnosed with emphysema or some other respiratory illness and it was caused by a chemical being used in production, there is a chance that they have a case. It will depend on the specific circumstances, but it is certainly conceivable.

There are other instances  where people are injured should call an attorney.  This is a general idea of some examples in which an attorney should be consulted, dog bites, construction accidents, being a victim of medical malpractice, an assault in a bar when people should not have been served alcohol.  Many people are injured daily and they shrug it off. This is very unfortunate since it is actually possible for many of them to recover a monetary settlement.

Personal Injury Attorneys Brad Popick & Rick Rutman

Experienced Injury Attorneys

POPICK & RUTMAN are experienced attorneys that have successfully represented thousands of people involved in Personal Injury cases. Professional personal injury lawyers in Flushing Queens. Each of our attorneys has over 30 years of experience, helping people like you get the compensation they deserve for their injuries. We have recovered tens of millions of dollars for our clients. From Queens to Brooklyn, from Manhattan to the Bronx and from Nassau County and Suffolk County to Westchester County, we help people from all over the New York City area protect and defend their rights. Serving: Manhattan, Brooklyn, the Bronx, Queens, Nassau County, Suffolk County and Westchester County.

Popick & Rutman

136-31 41st Avenue Suite #8 B-C

Flushing, NY 11355

(718) 321-7460

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