Answers to Your Most Common Legal Questions
Many car owners and drivers think that they are fully insured and that their family is totally protected in the event of an accident. Sadly, this is not always the case, and many car owners determine this after it is too late. Most people don’t know what SUM (Supplemental Underinsured/ Uninsured Motorist) coverage is. SUM coverage protects you, your family and the occupants of your vehicle in several circumstances: 1) If the negligent vehicle doesn’t have enough insurance; 2) If the negligent vehicle doesn’t have any insurance; and 3) If the negligent vehicle leaves the scene of the accident (hit and run). This SUM coverage applies whether you are in your car or someone else’s vehicle. Not having sufficient SUM coverage could be devastating. It is essential to determine that your vehicle is properly insured. An attorney can assist you in accurately making this determination and explaining the important provisions of SUM coverage.
Your legal options can become very complicated in construction accidents and it is imperative that you contact our office at once so that we can ensure that one of our staff members or one of our investigators will help us determine who is responsible for your injuries. In addition, it is most important to determine who is responsible for your injuries. Under New York State Law you may not bring a lawsuit against your employer or a fellow employee even if they were responsible for your injuries. We will help you determine if the accident was the fault of any other company other than your employer so that you may have a case for personal injury and negligence. Your remedy against your employer is limited to worker’s compensation therefore it is imperative to evaluate whether any other company was negligent.
Determining fault in a slip or trip and fall case can be very complex. In most cases we must prove one of the following to prove a defendant was negligent:
We are here to represent you in the unfortunate event of an arrest. If you are arrested, it is most important that you make no statements whatsoever, to the police or to anyone else, prior to seeking legal counsel. Unlike an automobile accident, it is important to “remain silent”. You have an absolute right to consult with an attorney. Once you advise the police that you wish to speak with an attorney, they are not permitted to question you further. Do not make any statements other than a request to speak to your attorney. At that point the police must allow you to call an attorney and seek his counsel. Call our office as soon as possible so that we might assist in this matter.
Yes, and as soon as possible. As you can see from the above information there are a myriad number of factors that must be considered in prosecuting a claim arising from a construction accident. Only an experienced attorney, like Robert R. Latronica, Jr., can fully determine what your legal rights and remedies are. You and your family deserve the peace of mind of knowing whether you are entitled to more than worker’s compensation benefits for your injuries. We can provide that piece of mind to you. Timely investigation of the accident is the key to identifying and successfully prosecuting actions arising from the negligence of contractors and subcontractors responsible for safe construction practices. The investigation may include such steps as interviewing witnesses and obtaining photographs of the accident site. If you have been injured at a construction site, you should contact our office and obtain legal representation immediately.
Under New York State Labor Law, the general contractor is required to provide a reasonably safe environment in which to work, to warn of the inherent dangers of the work involved and to coordinate job safety. Sections 240 and 241 of the New York State Labor Law are designed to protect workers at a construction site. These sections dictate that there is specific safety equipment that is required to be provided by the contractor and property owner at the job site. If this equipment fails or is not provided then you may be able to commence a claim against both the contractor and property owner. New York State law has determined that there is strict liability against the contractor and property owner. This means that the worker’s own contributory negligence will not be considered in reducing the recovery. This law protects all workers who are injured as a result of risk created from working at a height. Safety devices must by provided to protect the worker from falling or being struck by falling objects.
Worker’s compensation benefits include monetary payments made to the injured worker based on a percentage of the employee’s average weekly pay. Benefits also include medical expenses for any treatment that is reasonable, necessary and related to the injury sustained by the injured worker. In addition, a Hearing will be held to determine the monetary award made to the injured party based upon the nature and extent of his or her injury and the percentage of disability that the worker has suffered.
Worker’s Compensation law provides benefits to workers who are injured during the course of their employment. You do not have to prove anyone was at fault in causing your accident, as long as the injury occurred during the course of the your employment, you will be protected by Worker’s Compensation.. As mentioned above, if your employer or co-employee caused your injury, your only remedy is worker’s compensation. If a third party other than your employer caused your injury while at work, you will be entitled to worker’s compensation benefits and you will also be entitled to maintain a separate lawsuit against that third party. As you can see, it is essential to contact us so that we can make the determination as to all the parties responsible for your accident.
A large percentage of construction accidents involve the negligence of someone other than a fellow employee or employer, in which case you may be entitled to commence legal action. Many subcontractors may be involved and responsible for your damages. The general contractor may likewise be ultimately responsible for your damages as well. In addition, your accident may have occurred as a result of defective products used on the construction site, in which case the manufacturer and/or supplier of those products may be responsible for your damages.
Should any other parties in an automobile accident commence a claim or a law suit against you, your automobile liability insurance coverage entitles you to be represented by an attorney of the insurance company’s choice. The cost of this legal representation is borne by your insurance company.
On personal injury cases, we work on what is termed a “contingency fee” basis. The advantage of this kind of fee arrangement is that there are no “up front” costs to the personal injury client. The initial consultation is free and without obligation.. The attorney’s fee is based upon the percentage of recovery which is payable at the conclusion of the case. Should there be no recovery there is no legal fee charged to the client.
Yes. It is imperative for you to determine what your legal options are immediately. Call our office so that we can advise you of all of your legal rights. We will interview witnesses to the accident and determine whether you have a legally viable claim against any other party in the accident. We will make a claim on your behalf against any responsible parties and their insurance carrier(s). We will help you maximize your recovery. Our office will assist you in preparing and filing the proper forms that are described above which will help you in obtaining any medical and wage loss benefits you are entitled to, as well as assisting you in the completion of the form which must be filed with DMV. If there is any property damage to your vehicle, we will negotiate with the insurance carrier of the adverse vehicle so that your vehicle is repaired as soon as possible. At the strategically appropriate point we will attempt to negotiate a settlement with the insurance carrier(s) of the adverse vehicle(s) and if necessary commence litigation against them.
If you have a collision damage coverage provision on your insurance policy, then you will be entitled to have any damage to your car repaired at no cost to you with the exception of your deductible. However, if the cost of repairing the damage to your car is greater than the value of your car, your insurance company is only required to pay you for the value of your car. If the fault of the accident rests with the other vehicle, we may recover the cost of repair directly from their insurance company, and avoid making a claim against your own insurance company.
If you do not have collision damage coverage on your policy and your car sustained property damage in an automobile accident, your remedy is to pursue a claim against the vehicle that you were involved in an accident with. New York State is a “comparative negligence” state. What this means is that the liability (fault) in an accident will be determined based upon the percentage of liability attributable to each party involved in the accident. If, for example, it is determined that you were 50% at fault and the other vehicle was 50% at fault, the other vehicle will only be required to pay for his percentage of fault (50%). It is crucial to have an attorney involved in this situation, for it is your attorney that will negotiate with the insurance adjuster for the other vehicle to work out the best possible liability determination on your behalf, and get your car repaired with as little expense as possible to you.
Immediately report the accident to the police and, although it is necessary to report the accident to your insurance company, call our law firm first to make sure that your rights and interests are being protected. Many of the following recommendations could be expedited with the retaining of an attorney.
Exchange information. To the extent possible exchange names, license plate numbers, insurance carrier names and policy numbers of all involved in the accident. Try to obtain the names, addresses and telephone numbers of any witnesses to the accident.
Draw a map or a diagram of the accident scene including the direction all vehicles were heading prior to the impact and what happened at impact. Try to accomplish this as soon as possible after the accident so that your recollection will be fresh and, therefore, accurate.
Take a note of any conversation between the parties to the accident. Did anyone take responsibility for the accident.
You can make a statement to the police officer at the scene of the accident but it is NOT recommended that you give any other statements to anyone including any insurance carriers prior to consulting with our office.
If the automobile accident caused a fatality, personal injury or damage of over $1,000.00 to the property of any one person, then all the involved drivers must file form MV-104 (report of motor vehicle accident) within 10 days of any accident occurring in New York State with the Department of Motor Vehicles. Failure to do so within 10 days is a misdemeanor, which can result in the suspension of your license and/or your registration.
If the police are not present at the scene of the accident, it is essential for you to file a police report at the closest police precinct.
It is important to obtain the Police Accident Report as soon as possible. The accident report contains information regarding the insurance carriers of all the automobiles involved in the accident as well as the insurance carriers of these vehicles. The accident report is usually available within 24 hours of the accident at the precinct that responded to the accident.
As your attorneys we will do all the work necessary with respect to contacting your insurance company and the insurance company of the car that you were involved in the accident with. Most insurance companies insist on prompt notice of all accidents. If too much time lapses between the time of the accident and the time that you report it, your insurance company may disclaim coverage and you may lose your ability to receive coverage that would otherwise be available to you. We will advise you of all the coverage options, some of which the insurance companies may not tell if you don’t ask. Count on us to handle every aspect of your case, so that you do not have to worry about any aspect of your case.
We will ensure that you receive all the benefits you are entitled to. The New York No-Fault Law provides that if you were injured in an automobile accident you may be entitled to No-Fault benefits such as medical benefits (including prescription medication), wage loss benefits and miscellaneous expenses. The insurance carrier for the automobile which you were driving or in which you were a passenger is responsible for the payment and processing of your no-fault claims. Under New York State law you must file a No-Fault Application within thirty (30) days with the appropriate insurer or you will not be eligible for benefits. You can be confident that we will file the appropriate documents on your behalf within the legally mandated time limits.
No. As long as your policy is in effect, the same amount of coverage is provided for each accident.
In almost all cases, when a vehicle is hit from the rear, they’re likely to be relinquished of any responsibility as to the cause of the accident. One of the cardinal rules of driving is to always allow enough space between you and the vehicle ahead of you in the event that you have to make an abrupt stop. In addition, the damage that results from a rear end accident makes it easy to assess the cause of the accident. It’s easy to see who hit who.
The driver that rear ended the car in front of them may have a claim against a third driver that rear ended his car.
New York is a comparative negligence state which means that in order to resolve a claim either through settlement or trial, it must be determined what percentage of fault is attributable to each driver, totaling 100% for example 50-50, 75-25, 90-10, etc.
A driver making a left turn is almost always considered to have a higher percentage of fault for causing a collision then the car which is driving straight from the other direction. Exceptions to this rule are hard to prove. The lesson here is to be especially cautious anytime you are making a left turn. Some defenses for a car that makes a left turn and will minimize that car’s percentage of fault are when:
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