Roosevelt Personal Injury Lawyer
No matter how hard you try to protect yourself and your loved ones from harm, you cannot control the actions of others. From slip and falls to car accidents, people injured due to someone’s else’s negligence can experience severe physical and emotional trauma. Goldstein and Bashner have years of experience and a track record of success in personal injury cases. A Roosevelt personal injury lawyer from our firm can help you recover the damages you deserve.
Causes of Personal Injury
Our Roosevelt injury attorneys handle all types of personal injury cases, but some of the most common, dangerous accidents we see include:
Motor vehicle accidents
Any accident involving a motor vehicle (e.g., front-end collisions, rear-end collisions, rollover accidents) can lead to spinal cord injuries, traumatic brain injury, and other catastrophic injuries. Some of the most common motor vehicle accidents include:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Pedestrian/bicycle accidents
These accidents are most often the result of negligence on the part of one or more drivers. Some major causes of these accidents include:
- Distracted driving (e.g., eating, texting, talking on the phone)
- Drunk driving
- Drowsy driving
- Failure to follow traffic signs
Premises Liability Accidents
Property owners have a legal duty to take reasonable steps to repair dangerous conditions on their property and keep visitors safe. Breaching this duty can cause guests to slip and fall on the property and suffer serious injuries such as TBIs, broken bones, burns, and spinal damage. Some dangerous property conditions that may warrant contact with a Roosevelt personal injury lawyer include:
- Icy sidewalks
- Slippery floors
- Broken steps
- Wrinkled carpet
Slip and falls are not the only type of accident that occur on another party’s property. Other types include:
- Animal attacks: Property owners are responsible for the behavior of their pets. Dog bites and other animal attacks can cause serious injuries.
- Assault: If someone is the victim of a physical attack on someone else’s property, the property owner may be liable for lack of security.
- Pool accidents: If someone accidentally drowns or is otherwise injured in a pool accident, the property owner may be held responsible for failure to protect.
Construction accidents can especially catastrophic or even fatal. Falls, crushing injuries, head trauma, vehicle accidents, and electrocutions are far too common in this industry. If you or a loved one was injured in a construction accident, our injury attorneys in Roosevelt can investigate your accident and potentially hold a third party liable for your injuries and lost wages.
Railroad companies, such as the Long Island Rail Road, have a duty to ensure their customers and employees are safe. If a company is negligent, serious accidents such as the following can happen:
- Vehicle accidents
- Workers being hit by a train
- Getting caught between the platform and train
- Falling onto the tracks
Steps to Take Following An Accident
If you have been involved in an accident, there are certain rules you should follow to give yourself the best chance at financial recovery.
- Seek immediate medical care and follow the treatment plan your physician gives you. Your injuries may not appear serious at first, but they can become more severe over time. Also, by waiting to see a doctor or failing to follow through with your treatment plan, you give insurers a reason to doubt the severity of your injuries.
- Talk to an attorney about the details of your case. Our Roosevelt personal injury lawyers have handled many personal injury cases; we will contact witnesses, review police documentation and medical reports, and analyze the facts of the case to prove the other party behaved negligently.
- Do not give a recorded statement or sign anything from the insurance company without speaking to your attorney. The insurer may seem sympathetic, but its main goal is to pay you as little as possible. To do this, the insurer might trick you into saying or signing something that could jeopardize your case.
- File your lawsuit on time. In New York, you have three years from the date of injury to file your personal injury claim. Failure to file suit within that time period will prevent you from recovering damages. (If you are filing a claim against a government entity your time limit will be shorter.)
Process of Filing a Claim
To start your claim, you need to establish the following:
- Duty: The first step in any personal injury claim is proving that the defendant had a duty to behave a certain way toward you. For example, a property owner has a duty to keep his property safe for invited guests. A property owner has no duty to trespassers.
- Negligent Action: Once you prove duty, you must prove that the defendant behaved negligently. For example, if a property owner neglects to fix a broken step, s/he can be liable for any injuries that result.
- Injury: Next, you must prove that you suffered injuries in the accident. Your insurer may deny you benefits by saying that your injuries were pre-existing or did not occur in the accident. Medical reports, expert testimony, and witnesses may help prove your case.
- Causation: You must then show that the defendant’s negligence was the direct cause of your injuries (e.g., if the step was not broken, you never would have tripped and fallen down the stairs). You can establish causation with expert testimony, eyewitness testimony, and surveillance video.
- Damages: Once you have proven that your injuries resulted from the defendant’s negligence, you must establish your financial damages. Medical bills including costs of treatment, hospital stays, and other expenses, as well as repair bills and pay stubs will be critical to proving your economic damages. Noneconomic damages such as pain and suffering are more subjective and are harder to prove.
In some cases, an accident unfortunately leads to a death. In such cases, the family of the deceased victim may be able to file suit against those responsible for the death. The family must establish the defendant’s negligence as well as monetary losses from the death.
Importance of a Roosevelt Personal Injury Lawyer
Injuries are difficult enough to contend with when you are not worrying about dealing with insurers and gathering evidence in addition to keeping your family afloat. In this chaotic time, it is easy to make a mistake that could jeopardize your claim and bar you from recovering any compensation.
A Roosevelt personal injury lawyer from Goldstein & Bashner has the time, resources, and experience to dedicate to your case. We have handled countless injury cases and know how to navigate the process and defend against any tricks from insurers.
We will ensure the insurance company’s settlement is enough to cover all your accident-related expenses. If not, we can take the insurer to court and get you a fair settlement.