tedd-kessler

How Long Do You Have to File a Personal Injury Lawsuit in New York?

Mon, 29 Sep 2025 15:44:43 GMT

How Long Do You Have to File a Personal Injury Lawsuit in New York?

When someone is injured due to another person’s negligence, time is of the essence when deciding whether to file a lawsuit. In New York, strict deadlines—known as statutes of limitations—determine how long you have to pursue a personal injury case. Missing these deadlines can mean losing your right to seek compensation altogether.

New York’s Statute of Limitations for Personal Injury

Generally, under New York law, you have three years from the date of the accident to file a personal injury lawsuit. This applies to cases such as car accidents, slip and fall incidents, and other negligence-based claims.

Special Circumstances

Medical Malpractice : Victims usually have two years and six months from the date of malpractice or the end of continuous treatment by the provider.
Claims Against Government Entities : If your claim is against a city or state agency, you must file a Notice of Claim within 90 days , and the lawsuit itself generally must be filed within one year and 90 days .
Wrongful Death : Families generally have two years from the date of death to file.

Why Acting Quickly Matters

Delays can make it harder to gather evidence, interview witnesses, and build a strong case. Even if you believe settlement negotiations will resolve your matter, it is important to protect your right to file in court before the statute of limitations expires.

At The Law Office of Tedd Kessler, P.C, we can provide legal assistance to the Queens public. If you’ve been injured, speaking with an attorney as soon as possible can help ensure you meet all legal deadlines and preserve your right to compensation.

Premises Liability vs. Slip and Fall: What’s the Difference?

Tue, 29 Jul 2025 19:54:39 GMT

Premises Liability vs. Slip and Fall: What’s the Difference?

When accidents happen on someone else’s property, understanding your legal options is crucial. At The Law Office of Tedd Kessler, P.C. , we help the New York public navigate the often-confusing world of premises liability and slip and fall claims. While these terms are often used interchangeably, they have distinct legal meanings that affect how your case is handled.

What Is Premises Liability?

Premises liability is a broad legal concept that holds property owners responsible for maintaining safe conditions on their property. This responsibility applies to:

Residential and commercial properties
Public spaces like parks or sidewalks
Stores, restaurants, and apartment buildings

If an owner fails to address hazards—such as broken railings, poor lighting, or icy walkways—they may be held liable for resulting injuries. Premises liability covers a wide range of accidents , not just slip and falls, including:

Falling objects
Dog bites or animal attacks
Elevator and escalator accidents
Swimming pool accidents

The key to a successful premises liability claim is proving that the property owner knew or should have known about the dangerous condition and failed to fix it.

What Is a Slip and Fall Claim?

A slip and fall is a specific type of premises liability case . It occurs when someone is injured because they slipped, tripped, or fell due to a dangerous condition on someone else’s property. Common causes include:

Wet or slippery floors
Uneven pavement or broken sidewalks
Loose rugs or unsecured mats
Snow or ice accumulation

While all slip and falls fall under premises liability, not all premises liability claims involve slips or falls.

Key Differences Between the Two

Scope of Claims : Premises liability is the overarching category, while slip and fall is a subset.
Type of Accident : Slip and fall involves a fall-related injury; premises liability can involve various hazards.
Proof Requirements : Both require showing that the property owner was negligent, but the evidence may vary depending on the hazard involved.

Why Legal Guidance Matters

Navigating these cases can be challenging. You must establish that the property owner’s negligence caused your injuries, often requiring evidence like photos, incident reports, and witness statements . An experienced attorney can help you gather proof, negotiate with insurance companies, and pursue fair compensation .

At The Law Office of Tedd Kessler, P.C. , we provide skilled legal assistance to New Yorkers injured due to property owner negligence. If you’ve suffered a slip and fall or any injury on someone else’s property, we are ready to help protect your rights.

Can You File a Personal Injury Claim Without Going to Court?

Fri, 20 Jun 2025 18:02:19 GMT

Can You File a Personal Injury Claim Without Going to Court?

When most people think of a personal injury claim, they picture a tense courtroom and a long legal battle. Fortunately, that’s not always the case. At The Law Office of Tedd Kessler, P.C., we help many clients throughout New York resolve their personal injury claims without ever stepping foot in court.

Settlements: The Most Common Outcome

Most personal injury claims are settled out of court. This means the injured party (the plaintiff) and the at-fault party (often represented by an insurance company) agree on compensation without a trial. Settlement negotiations can begin shortly after the injury occurs and often conclude well before a lawsuit is ever filed.

How Settlements Work

Once liability is established—meaning it’s clear who was responsible for the injury—the focus shifts to compensation. Your attorney will help calculate damages for medical bills, lost wages, pain and suffering, and any future costs. Your legal team will then negotiate with the insurance company to reach a fair offer. If both sides agree, the case is resolved privately.

When a Court Case Becomes Necessary

In some situations, going to court becomes necessary—usually when the other side refuses to accept responsibility or offers an unreasonably low settlement. In these cases, filing a lawsuit can put pressure on the defendant and often encourages a better offer. Even then, many cases settle before reaching trial.

Benefits of Avoiding Court

Resolving a claim out of court can save time, reduce stress, and avoid the unpredictability of a trial. It also keeps the details of your case private, which many clients appreciate. With the help of an experienced attorney, many injury victims can secure fair compensation through negotiation.

How Our Firm Can Help

At The Law Office of Tedd Kessler, P.C., we provide trusted legal guidance to clients across New York. We work hard to build strong personal injury claims and pursue compensation through settlement whenever possible. If a trial becomes necessary, we are fully prepared to advocate for your rights.

Why Motorcycle Accident Claims Are Different from Car Accident Cases in New York

Thu, 15 May 2025 16:20:16 GMT

Why Motorcycle Accident Claims Are Different from Car Accident Cases in New York

Motorcycle accidents often result in far more serious consequences than car accidents, especially on the busy streets and highways of New York. While both types of accidents fall under personal injury law, motorcycle accident claims involve unique legal, factual, and insurance-related challenges. At The Law Office of Tedd Kessler, P.C., we help injured motorcyclists across New York understand their rights and navigate the claims process to seek fair compensation.

Greater Risk of Injury

One of the most significant differences in motorcycle accident cases is the extent of injury. Motorcyclists lack the protective metal frame, airbags, and other safety features that car occupants have. Even with a helmet and protective gear, riders are more exposed and vulnerable. As a result, motorcycle crashes often lead to catastrophic injuries such as:

Traumatic brain injuries
Spinal cord damage
Compound fractures
Severe road rash and lacerations

These injuries tend to lead to higher medical costs and longer recovery times, which must be fully accounted for in any legal claim.

Bias Against Motorcyclists

Another key challenge motorcyclists face is bias. There’s a common misconception that motorcycle riders are reckless or risk-takers. Insurance companies may try to use this prejudice to downplay claims or shift blame to the rider. This makes it even more important to work with an attorney who can gather evidence, interview witnesses, and counter unfair assumptions with facts.

Unique Insurance Issues

New York is a no-fault insurance state, meaning most car accident victims must first file claims through their own Personal Injury Protection (PIP) coverage. However, motorcycles are not covered by PIP under New York law. This means injured motorcyclists must often go directly through a third-party liability claim or file a lawsuit against the at-fault driver to recover damages for medical bills, lost wages, and pain and suffering.

This distinction can be confusing and frustrating for injured riders. Without the PIP safety net, pursuing compensation often requires thorough documentation and aggressive legal strategy.

Legal Considerations and Liability

Establishing fault in a motorcycle accident can be more complex due to the dynamics of the crash and the visibility issues involved. Drivers of cars often claim they "didn’t see" the motorcycle. That’s why accident reconstruction, surveillance footage, and expert witnesses are sometimes necessary to build a strong case.

Additionally, New York follows a comparative negligence rule. This means that even if a motorcyclist is partially at fault, they may still recover damages—though the compensation may be reduced by their percentage of fault. An experienced attorney can help minimize this impact and present a clear picture of what really happened.

We Help Injured Motorcyclists Throughout New York

At The Law Office of Tedd Kessler, P.C., we understand the specific legal hurdles faced by injured motorcyclists. If you or a loved one has been involved in a motorcycle crash, don’t assume your case will follow the same path as a car accident claim. Let us evaluate your case and help you fight for the compensation you deserve.

What to Do Immediately After a Car Accident in New York

fpatino@convertitmarketing.com (Federico Patiño) — Tue, 29 Apr 2025 15:51:58 GMT

What to Do Immediately After a Car Accident in New York

Car accidents can happen in an instant, but the aftermath can feel overwhelming and confusing. Knowing what to do immediately after a car accident in New York can protect your health, your rights, and your ability to seek compensation. At The Law Office of Tedd Kessler, P.C., we are committed to providing legal assistance to the New York public during these challenging times.

1. Prioritize Safety and Seek Medical Attention

The first step after any accident is ensuring everyone's safety. Move your vehicle to a safe location if possible, but never leave the scene. Even if injuries seem minor, call 911 and request medical assistance. Some injuries might not be immediately noticeable but could become serious later.

2. Notify Law Enforcement

New York law requires you to report any accident involving injury, death, or property damage over $1,000 to the police. A police report will serve as a critical piece of evidence if you pursue a personal injury claim or need to defend yourself against allegations.

3. Exchange Information

Exchange names, addresses, driver’s license numbers, insurance information, and vehicle details with all other drivers involved. Be courteous, but avoid admitting fault or apologizing, as these statements could later be used against you.

4. Document the Scene

Use your phone to take photographs and videos of the accident scene, including vehicle damage, traffic signs, road conditions, and any visible injuries. If there are witnesses, ask for their contact information as well.

5. Seek Medical Evaluation

Even if you feel fine, it is vital to see a doctor as soon as possible after a car accident. Medical records linking your injuries to the accident are crucial when filing an insurance claim or lawsuit.

6. Notify Your Insurance Company

Promptly inform your insurance provider about the accident, but be cautious in your communication. Stick to the facts and avoid giving recorded statements without legal advice.

7. Consult a New York Car Accident Attorney

Navigating the legal and insurance process can be complex. Consulting a car accident attorney ensures that your rights are protected and that you do not settle for less than you deserve. At The Law Office of Tedd Kessler, P.C., we stand ready to assist you every step of the way.

Understanding Rear-End Collisions and Liability in New York

Thu, 27 Mar 2025 15:09:55 GMT

Understanding Rear-End Collisions and Liability in New York

Rear-end collisions are among the most common vehicle accidents on New York roads, often resulting in significant injuries, costly vehicle damage, and complex legal disputes. Understanding who bears liability in these accidents can significantly influence the outcome of any compensation claims.

How Liability is Determined in Rear-End Collisions

In New York, the driver of the vehicle that rear-ends another is typically presumed liable due to their duty to maintain a safe following distance. However, liability isn’t always straightforward. Factors such as sudden stops, brake malfunction, poor weather, or even multi-vehicle chain reactions can complicate matters. Therefore, establishing negligence involves investigating the details surrounding the collision thoroughly.

Contributory Negligence in New York

New York operates under the principle of comparative negligence. This means even if you're partially responsible for a collision, you may still recover damages—though your compensation may be reduced proportionately to your share of the blame. For instance, if you’re found 30% responsible, you’ll be entitled to only 70% of the total calculated damages.

Essential Steps After a Rear-End Collision

Immediately following a collision, it's crucial to take certain steps:

Seek medical attention promptly, even if injuries seem minor.
Report the collision to law enforcement to document the event officially.
Exchange information with all parties involved and any witnesses.
Photograph vehicle damages and the accident scene, if safe to do so.
Contact an experienced personal injury attorney to discuss your case.

How The Law Office of Tedd Kessler, P.C Can Help

At The Law Office of Tedd Kessler, P.C, we understand the stress and uncertainty that follows a rear-end collision. Our firm diligently investigates your case, gathers critical evidence, communicates with insurers, and advocates aggressively on your behalf to ensure your rights are protected and you receive the compensation you deserve.

If you or someone you know has been involved in a rear-end collision in New York, contact us for professional, personalized legal assistance.

Understanding Comparative Negligence in Personal Injury Cases in New York

Fri, 21 Feb 2025 17:27:05 GMT

Understanding Comparative Negligence in Personal Injury Cases in New York

In New York, personal injury claims operate under a comparative negligence rule, which determines how damages are awarded based on the level of fault attributed to each party involved in an accident. This principle plays a crucial role in cases where multiple parties share responsibility for an injury.

What Is Comparative Negligence?

Comparative negligence is a legal standard that reduces the compensation an injured party can receive based on their percentage of fault in an accident. In pure comparative negligence states like New York , an injured person can still recover damages even if they are 99% at fault , but their compensation will be reduced by their percentage of responsibility.

For example, if a court determines that you were 30% at fault in a slip-and-fall accident but awards $100,000 in damages, you would receive only $70,000 due to your share of liability.

How Comparative Negligence Affects Personal Injury Cases

Comparative negligence impacts a variety of personal injury claims , including:

Car accidents where both drivers share some fault (e.g., speeding and failure to yield).
Slip and fall accidents where a property owner failed to address hazards, but the injured party was also inattentive.
Medical malpractice cases where both a patient’s actions and a healthcare provider’s negligence contributed to harm.

Proving Fault Under Comparative Negligence

To establish fault in a personal injury claim, evidence such as witness statements, video footage, police reports, and expert testimony is often required. The defendant’s legal team may try to argue that your actions contributed significantly to the accident to reduce their client’s liability. Having strong legal representation can help counter these claims and ensure you receive fair compensation.

Why Legal Representation Matters

At The Law Office of Tedd Kessler, P.C. , we provide legal assistance to New Yorkers navigating personal injury claims. Because New York follows a pure comparative negligence rule, insurance companies and defense attorneys often attempt to shift blame onto injured individuals to minimize payouts. Our firm works to gather the necessary evidence, negotiate settlements, and represent clients in court when necessary.

If you or a loved one has been injured and need help understanding how comparative negligence affects your case , we are here to provide legal guidance.

What Happens If You’re Injured in a Store? Understanding Premises Liability in New York

Fri, 21 Feb 2025 17:24:26 GMT

What Happens If You’re Injured in a Store? Understanding Premises Liability in New York

Accidents can happen anywhere, including in stores where you expect a safe shopping experience. If you slip, trip, or suffer any other injury due to hazardous conditions in a store, you may have a premises liability claim. At The Law Office of Tedd Kessler, P.C., we help New Yorkers understand their legal rights when they are injured due to a store owner’s negligence.

What Is Premises Liability?

Premises liability refers to a store owner’s responsibility to keep their property reasonably safe for visitors. If a business fails to address hazards—such as wet floors, uneven surfaces, poor lighting, or falling merchandise—they may be held liable for injuries that occur on their premises.

In New York, property owners and businesses must regularly inspect and maintain their stores to prevent dangerous conditions. If they fail to do so and someone gets hurt, the injured party may have the right to seek compensation for medical expenses, lost wages, and other damages.

Steps to Take After a Store Injury

If you are injured in a store, taking the right steps can help protect your legal claim:

Seek Medical Attention – Your health should be your first priority. Even if the injury seems minor, getting medical care establishes a record of your condition.
Report the Incident – Inform the store manager or owner immediately. Request that they document the incident and obtain a copy of the report.
Gather Evidence – Take photos of the hazard that caused your injury, such as a wet floor or broken railing. Get contact information from witnesses who saw the accident.
Preserve Records – Keep medical bills, receipts, and any other documentation related to your injury.
Consult a Premises Liability Attorney – A lawyer can evaluate your case and help you determine the best course of action.

To hold a store responsible for your injuries, you must prove that:

A hazardous condition existed.
The store owner or employees knew or should have known about the danger.
They failed to fix or warn about the hazard in a reasonable time.
Your injuries resulted from this negligence.

New York follows a comparative negligence rule, meaning your compensation may be reduced if you are found partially responsible for the accident. For example, if you ignored warning signs or were distracted at the time of the injury, the store may argue that you share some liability.

Seeking Compensation for Your Injuries

If a store’s negligence caused your injury, you may be entitled to compensation for:

Medical expenses (including future treatments)
Lost income from missed work
Pain and suffering
Emotional distress
Rehabilitation costs

At The Law Office of Tedd Kessler, P.C., we understand how difficult it can be to navigate a premises liability claim while recovering from an injury. Our team is dedicated to advocating for New Yorkers who have been hurt due to unsafe conditions in stores and other public spaces.

Contact Us for Legal Assistance

If you or a loved one has been injured in a store in New York, don’t wait to seek legal guidance. The sooner you act, the better your chances of building a strong case. Contact The Law Office of Tedd Kessler, P.C. today to discuss your legal options and protect your rights.

When to Seek Legal Help After a New York Construction Injury

Fri, 20 Dec 2024 20:34:16 GMT

When to Seek Legal Help After a New York Construction Injury

Construction injuries can be devastating, leading to serious medical conditions, financial strain, and emotional stress. In New York, workers are at a heightened risk due to the fast-paced and physically demanding nature of construction work. If you've suffered an injury while working on a construction site, it's important to understand when you should seek legal assistance. In this blog post, we will discuss key indicators that signal when it’s time to contact an attorney for a construction injury case in New York.

1. The Severity of Your Injury

The first sign that you should seek legal help is the severity of your injury. If you experience a severe injury, such as broken bones, spinal damage, or traumatic brain injury, it’s crucial to get professional legal guidance as soon as possible. These types of injuries can have long-lasting consequences and may require significant medical treatment. An attorney can help ensure you receive proper compensation for medical expenses, lost wages, and pain and suffering.

2. Fault or Liability Is Unclear

Another key reason to seek legal assistance is when it is unclear who is responsible for your injury. Construction sites often involve multiple parties, including contractors, subcontractors, property owners, and equipment manufacturers. Determining who is at fault can be a complicated process. An attorney can investigate the circumstances surrounding the accident, gather evidence, and identify the responsible parties, ensuring that you receive the compensation you deserve.

3. When Workers’ Compensation Isn’t Enough

In New York, most construction workers are covered by workers’ compensation insurance, which provides financial support for injuries sustained on the job. However, workers’ compensation may not fully cover all the costs associated with your injury. If you believe your injury was caused by negligence or unsafe working conditions, a lawyer can help you pursue a third-party claim, allowing you to seek additional compensation beyond workers’ compensation benefits.

4. Insurance Companies Are Giving You the Runaround

Insurance companies are often reluctant to pay out claims fairly. They may try to minimize the value of your injury or deny your claim altogether. If you are facing resistance from the insurance company or feel they are trying to undervalue your claim, an attorney can step in to handle negotiations on your behalf. Legal assistance ensures that your case is properly presented and that you receive the compensation you're entitled to.

5. You Are Unsure of Your Legal Rights

If you’re unsure of your rights after a construction accident, it’s crucial to seek legal help. Laws regarding construction injuries in New York can be complex, and understanding what you are entitled to can be challenging. A lawyer can explain your legal rights, including the potential for additional claims like a personal injury lawsuit or a product liability case, depending on the circumstances of your injury.

If you’ve suffered a construction injury in New York, the importance of seeking legal help at the right time cannot be overstated. Whether your injury is severe, there’s confusion about who is responsible, or you’re facing issues with insurance companies, having a legal professional on your side can make a significant difference in the outcome of your case. Don’t wait too long to seek help—contact a lawyer today to ensure that your rights are protected and that you get the compensation you deserve.

What Are the Documents Required to File a Personal Injury Lawsuit in New York?

Thu, 28 Nov 2024 15:21:55 GMT

What Are the Documents Required to File a Personal Injury Lawsuit in New York?

Filing a personal injury lawsuit in New York requires careful preparation and the right documentation to strengthen your case. At The Law Office of Tedd Kessler, P.C., we are dedicated to assisting the New York state public in navigating the legal process and securing the compensation they deserve.

Essential Documents for Filing a Personal Injury Lawsuit

Complaint
The complaint is the initial document filed with the court, outlining the facts of the case, the legal basis for the claim, and the damages sought.
Summons
The summons notifies the defendant that they are being sued and provides details on how and when to respond.
Evidence of Injury

Medical Records : Documenting your injuries and treatments is crucial.
Photographs : Images of the accident scene and your injuries strengthen your case.
Witness Statements : Written or recorded statements from those who saw the incident.

Police or Incident Report
If applicable, a police or incident report can provide critical third-party documentation of the event.
Proof of Damages

Medical Bills : Demonstrates the financial impact of your injuries.
Lost Wage Documentation : Pay stubs or employer statements showing income lost due to the injury.
Property Damage Estimates : If property was damaged, include repair estimates or receipts.

Insurance Information
Copies of correspondence with insurance companies and any policy details relevant to the claim are important for settlement negotiations or trial.

How We Can Help

At The Law Office of Tedd Kessler, P.C., we guide you through every step of filing a personal injury lawsuit, ensuring all necessary documents are gathered, prepared, and presented correctly. Our team is committed to fighting for your rights and helping you achieve a fair outcome.

How is Compensation Calculated in a New York Wrongful Death Lawsuit?

Tue, 22 Oct 2024 13:50:20 GMT

How is Compensation Calculated in a New York Wrongful Death Lawsuit?

Losing a loved one due to someone else's negligence is heartbreaking, and while no amount of money can replace them, a wrongful death lawsuit can provide financial relief to the surviving family members. In New York, compensation in a wrongful death lawsuit is designed to cover the losses suffered by the family as a result of the untimely death. At The Law Office of Tedd Kessler, P.C., we assist the New York public with personal injury matters, including wrongful death claims, and help families secure the compensation they deserve.

Key Factors in Calculating Compensation

In a New York wrongful death lawsuit, several factors are considered when calculating the compensation awarded to the deceased’s family:

1. Economic Damages

Economic damages are intended to compensate for the financial losses directly caused by the death. These include:

Funeral and burial expenses : The costs of laying the deceased to rest can be claimed in a wrongful death lawsuit.
Medical expenses : If the deceased incurred medical expenses before passing, these costs can be recovered as part of the damages.
Loss of income : Compensation can include the loss of future income that the deceased would have earned had they lived, taking into account their age, health, and earning capacity.
Loss of benefits : Surviving family members can also claim the loss of benefits, such as pensions or healthcare, that the deceased would have provided.
Value of household services : The value of services the deceased provided at home, such as childcare, maintenance, or household management, can be included in the calculation.

2. Non-Economic Damages Related to Financial Impact

While New York does not allow compensation for the emotional grief and pain caused by the death, non-economic damages can still be claimed in relation to the financial impact on the family:

Loss of parental guidance : Children of the deceased can claim compensation for the loss of parental nurturing and guidance.
Loss of companionship : Surviving spouses and family members may recover compensation for the loss of companionship and the support the deceased would have provided.

Factors That Influence the Amount of Compensation

Several factors influence the amount of compensation awarded in a wrongful death lawsuit:

The age and health of the deceased : Younger individuals or those in good health may result in higher compensation, as they would have contributed financially for a longer period.
The earning potential of the deceased : Higher earners generally lead to larger awards for loss of income and support.
The relationship between the deceased and the claimants : Close family members, such as spouses, children, and parents, are more likely to receive compensation, especially if they were financially dependent on the deceased.

How The Law Office of Tedd Kessler, P.C. Can Help

Navigating a wrongful death lawsuit can be a complex and emotional process, but having the right legal representation can make a significant difference. At The Law Office of Tedd Kessler, P.C., we are dedicated to helping families recover the compensation they deserve after the loss of a loved one. Our experienced legal team will guide you through every step, ensuring that your rights are protected and your family's future is secure.

If you have lost a loved one due to someone else’s negligence, contact The Law Office of Tedd Kessler, P.C. today to learn how we can assist you with your wrongful death lawsuit in New York.

Who Can File a Premises Liability Lawsuit in New York?

Thu, 19 Sep 2024 17:51:14 GMT

Who Can File a Premises Liability Lawsuit in New York?

Premises liability cases can be complex and confusing, especially when it comes to determining who is eligible to file a lawsuit. If you have been injured on someone else's property in New York, you may be wondering if you have the right to seek compensation through a premises liability lawsuit. In this blog post, we will explore who can file a premises liability lawsuit in New York and how The Law Office of Tedd Kessler, P.C can assist residents with personal injury matters.

In New York, anyone who has been injured on another person's property due to negligence may have grounds for a premises liability lawsuit. This includes slip and fall accidents, inadequate security leading to assault or robbery, dog bites, and more. It is important to note that the injured party must be able to prove that the property owner or manager was negligent in maintaining safe conditions on the premises. This means showing that they knew about the dangerous condition or should have known about it and failed to take reasonable steps to address it.

To determine if you have a valid premises liability claim in New York, it is best to consult with an experienced personal injury attorney like Tedd Kessler. At The Law Office of Tedd Kessler, P.C, we have a team of dedicated professionals with experience in handling premises liability cases. We understand the laws surrounding these types of claims and can help you navigate the legal process with ease. Our goal is to ensure that our clients receive the compensation they deserve for their injuries.

It is important to note that not only visitors but also employees who are injured on the job due to unsafe conditions on the property may have grounds for a premises liability lawsuit. Employers have a duty to provide a safe working environment for their employees, and if they fail to do so, they may be held liable for any resulting injuries. Whether you are a visitor or an employee who has been injured on someone else's property in New York, our team at The Law Office of Tedd Kessler, P.C is here to help.

In addition to individuals who have been directly harmed by unsafe conditions on someone else's property, family members of those who have died as a result of such conditions may also be eligible to file a wrongful death lawsuit. These types of cases can be emotionally challenging, but having a compassionate and knowledgeable attorney by your side can make all the difference. At The Law Office of Tedd Kessler, P.C, we will fight tirelessly on behalf of our clients and their families to ensure that justice is served.

If you or someone you know has been injured on another person's property in New York, it is important to understand your rights when it comes to filing a premises liability lawsuit. By working with an experienced personal injury attorney like Tedd Kessler at The Law Office of Tedd Kessler, P.C., you can rest assured knowing that your case is in good hands. Our team will work diligently to gather evidence, negotiate with insurance companies, and fight for the compensation you deserve. Don't hesitate to reach out for a free consultation today!

Understanding the Statute of Limitations for Car Accidents in Virginia

Fri, 30 Aug 2024 18:32:32 GMT

Understanding the Statute of Limitations for Car Accidents in Virginia

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How a Slip and Fall Attorney Can Help You in New York

Thu, 01 Aug 2024 00:49:49 GMT

Slip and fall accidents are common and can happen anywhere, from a grocery store to a sidewalk. These accidents can lead to serious injuries, including broken bones, head injuries, and back problems. If you have been injured in a slip and fall accident, it’s important to understand your legal rights and options. At The Law Office of Tedd Kessler, P.C., we specialize in helping clients navigate the complexities of slip and fall cases in New York. Here’s how a slip and fall attorney can help you.

1. Understanding Premises Liability Law

In New York, property owners and occupiers are required to maintain their premises in a reasonably safe condition. When they fail to do so, they may be held liable for accidents and injuries that occur as a result. An experienced slip and fall attorney understands the intricacies of premises liability law and can explain how it applies to your case.

2. Investigating the Accident

A thorough investigation is crucial to building a strong slip and fall case. An attorney can gather and analyze evidence, including accident reports, photographs of the scene, and witness statements. They can also work with experts to determine whether the property owner’s negligence caused your accident.

3. Proving Negligence

To succeed in a slip and fall case, you must prove that the property owner was negligent and that their negligence led to your injury. This involves demonstrating that the owner knew or should have known about the hazardous condition and failed to take reasonable steps to address it. An attorney can help you gather the necessary evidence to establish negligence and build a compelling case.

4. Evaluating Your Damages

Slip and fall accidents can result in significant medical expenses, lost wages, and pain and suffering. An attorney can help you evaluate the full extent of your damages, ensuring that you seek adequate compensation for your injuries. They can work with medical professionals and financial experts to accurately calculate your current and future losses.

5. Negotiating with Insurance Companies

Dealing with insurance companies can be challenging, as they often aim to minimize payouts. An experienced slip and fall attorney can negotiate with the insurance company on your behalf, ensuring that you receive a fair settlement that reflects the true extent of your injuries and damages. They can handle all communications with the insurance company, reducing your stress and allowing you to focus on recovery.

6. Representing You in Court

If a fair settlement cannot be reached through negotiations, your case may need to go to trial. Having a skilled attorney represent you in court is crucial. They can present your case effectively, cross-examine witnesses, and argue on your behalf. Their courtroom experience and knowledge of legal procedures can significantly enhance your chances of a favorable verdict.

7. Providing Emotional Support

Dealing with the aftermath of a slip and fall accident can be emotionally taxing. An attorney can provide not only legal support but also emotional support, helping you navigate this challenging time with confidence and peace of mind. Knowing that a professional is handling your case allows you to focus on your recovery and well-being.

Benefits of Hiring a Slip and Fall Attorney

Hiring a slip and fall attorney offers several advantages:

Expert Legal Knowledge: An attorney with experience in slip and fall cases understands the intricacies of the law and can provide expert advice tailored to your situation.
Thorough Case Management: An attorney can handle all aspects of your case, from investigating the accident to negotiating with insurance companies and representing you in court.
Effective Negotiation: An attorney can negotiate with the insurance company on your behalf, ensuring that you receive a fair settlement.
Peace of Mind: Knowing that a professional is handling your case allows you to focus on your recovery, confident that your legal matters are being addressed.

At The Law Office of Tedd Kessler, P.C., we are dedicated to providing exceptional legal representation for slip and fall cases in New York. Our team of experienced attorneys will work tirelessly to protect your rights and achieve the best possible outcome for your case.

Understanding the Statute of Limitations for a New York Bicycle Accident

Fri, 28 Jun 2024 15:26:38 GMT

Understanding the Statute of Limitations for a New York Bicycle Accident

Bicycle accidents can be devastating, resulting in serious injuries and financial burdens for victims. If you have been involved in a bicycle accident in New York, it is important to understand the statute of limitations for filing a personal injury claim. At The Law Office of Tedd Kessler, P.C., we are dedicated to helping New York residents navigate the legal process and seek justice for their injuries.

In New York, the statute of limitations for filing a personal injury claim after a bicycle accident is typically three years from the date of the accident. This means that you have three years to file a lawsuit against the at-fault party for your injuries. It is important to note that if you fail to file your claim within this time frame, you may lose your right to seek compensation for your injuries.

It is crucial to act quickly after a bicycle accident to gather evidence and build a strong case. Contacting an experienced personal injury attorney like Tedd Kessler can help ensure that your rights are protected and that you receive the compensation you deserve. Our team will work tirelessly to investigate the circumstances of your accident and hold the negligent party accountable.

When pursuing a personal injury claim after a bicycle accident, it is important to consider factors such as medical expenses, lost wages, pain and suffering, and future medical costs. Our team at The Law Office of Tedd Kessler, P.C. has extensive experience handling bicycle accident cases and will fight aggressively on your behalf to secure maximum compensation for your injuries.

Navigating the legal system can be overwhelming, especially when dealing with the aftermath of a traumatic bicycle accident. By enlisting the help of an experienced personal injury attorney like Tedd Kessler, you can focus on your recovery while we handle all aspects of your case. We understand the complexities of New York's laws regarding bicycle accidents and will guide you through each step of the legal process with compassion and expertise.

If you have been injured in a bicycle accident in New York, it is crucial to understand the statute of limitations for filing a personal injury claim. At The Law Office of Tedd Kessler, P.C., we are committed to helping New York residents seek justice and recover fair compensation for their injuries. Contact us today for a free consultation to discuss your case and learn how we can assist you in pursuing a successful personal injury claim.

Understanding How Compensation is Calculated in a New York Truck Accident

Sun, 02 Jun 2024 15:21:05 GMT

Understanding How Compensation is Calculated in a New York Truck Accident

If you or a loved one has been involved in a truck accident in New York, you may be wondering how compensation is calculated for your injuries and damages. At The Law Office of Tedd Kessler, P.C, we understand the complexities of truck accident cases and are here to assist the New York public with navigating through the legal process. In this blog post, we will discuss how compensation is calculated in a New York truck accident case and what factors are taken into consideration.

When it comes to calculating compensation for a truck accident in New York, several factors are taken into consideration. One of the main factors is the extent of your injuries and medical expenses. This includes current medical bills, future medical treatment costs, rehabilitation expenses, and any other related healthcare costs. Additionally, lost wages due to time off work as a result of the accident will also be factored into the compensation calculation.

Another important factor that is considered when calculating compensation in a New York truck accident case is property damage. This includes damage to your vehicle or any personal property that was affected by the accident. The cost of repairing or replacing damaged items will be included in the overall compensation amount.

In addition to medical expenses and property damage, pain and suffering are also taken into account when determining compensation for a truck accident in New York. Pain and suffering refer to the physical pain, emotional distress, and mental anguish that you have experienced as a result of the accident. These non-economic damages can significantly impact your quality of life and will be factored into the overall compensation amount.

Furthermore, if it is determined that the truck driver or another party was negligent or at fault for the accident, punitive damages may also be awarded. Punitive damages are intended to punish the at-fault party for their reckless behavior and serve as a deterrent to prevent similar actions in the future. These damages can vary depending on the severity of negligence exhibited by the responsible party.

In conclusion, if you have been involved in a truck accident in New York, it's essential to understand how compensation is calculated and what factors are taken into consideration. By working with an experienced attorney at The Law Office of Tedd Kessler, P.C, you can ensure that your rights are protected and receive fair compensation for your injuries and damages. Don't hesitate to reach out for assistance with your truck accident case today!

When to Hire an Animal Attacks Attorney in New York

Wed, 24 Apr 2024 17:33:56 GMT

New York is known for its bustling city life, but it also has its fair share of wildlife. From Central Park to the Catskill Mountains, encounters with animals can happen at any time. Unfortunately, these encounters can sometimes lead to dangerous situations where you may need legal help. In this blog post, we will discuss when it is necessary to hire an animal attacks attorney in New York.

The first scenario where you may need an animal attacks attorney is if you have been bitten or attacked by someone else's pet. In New York, pet owners are responsible for the actions of their animals, and if their pet has caused harm to you, they may be liable for your injuries. An experienced animal attacks attorney can help you navigate the legal process and ensure that you receive the compensation you deserve for medical bills, lost wages, and pain and suffering.

Another situation where hiring an animal attacks attorney is crucial is if you have been attacked by a wild animal. While these incidents are rare in urban areas like New York City, they can still happen in more rural parts of the state. If you have been injured by a wild animal, it can be difficult to determine who is responsible for your injuries. An animal attacks attorney can investigate the circumstances of the attack and help you hold any negligent parties accountable.

Additionally, if you are a pet owner whose animal has been accused of attacking someone else, hiring an animal attacks attorney is essential. In New York, pet owners can be held liable for their animal's actions if they knew or should have known that their pet had dangerous tendencies. An attorney can help defend your rights as a pet owner and work to minimize any potential consequences for your beloved companion.

Furthermore, if you work in an industry that involves handling or caring for animals, such as a zookeeper or veterinarian, it is important to have an experienced animal attacks attorney on retainer. These professions come with inherent risks of being injured by animals, whether through bites, scratches, or other means. Having a legal expert on your side can ensure that your rights are protected in case of any workplace accidents involving animals.

Knowing when to hire an animal attacks attorney in New York could make all the difference in getting the justice and compensation you deserve after being involved in an animal-related incident. Whether it's a dog bite from a neighbor's pet or a workplace accident involving wildlife, having legal representation on your side can alleviate stress and ensure that your rights are protected. Don't hesitate to reach out to The Law Office of Tedd Kessler, P.C. if you find yourself in need of assistance after an animal attack - we will guide you through the process and fight for your best interests.

Understanding Wrongful Death Lawsuits in New York

Thu, 28 Mar 2024 00:11:28 GMT

Understanding Wrongful Death Lawsuits in New York

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Understanding Liability in Truck Accidents: Who to Sue After a Crash in New York

Fri, 01 Mar 2024 14:48:22 GMT

Understanding Liability in Truck Accidents: Who to Sue After a Crash in New York

Being involved in a truck accident can be a traumatic experience, leaving victims with physical injuries, emotional distress, and financial burdens. In the aftermath of such an event, one of the most pressing questions is who to hold accountable for the damages incurred. Should you sue the truck driver or the trucking company? Is the truck driver liable for the accident? Will the trucking company step up and pay compensation to the victims? In this blog post, we will delve into these important questions and provide insight into navigating legal options after a truck crash in New York.

When it comes to determining liability in a truck accident case, several factors come into play. In many cases, both the truck driver and the trucking company may share responsibility for the crash. The truck driver can be held liable if they were negligent or reckless while operating their vehicle, such as driving under the influence of drugs or alcohol, speeding, or violating traffic laws. On the other hand, the trucking company can also be held responsible if they failed to properly train their drivers, maintain their vehicles, or adhere to safety regulations.

In New York, victims of truck accidents have legal recourse to seek compensation for their injuries and damages. The state follows a comparative negligence system, which means that each party involved in an accident can be assigned a percentage of fault. This allows victims to recover damages even if they were partially at fault for the crash. However, navigating legal proceedings and negotiating with insurance companies can be complex and overwhelming for individuals dealing with physical injuries and emotional trauma.

At The Law Office of Tedd Kessler, P.C., we understand the challenges faced by victims of truck accidents in New York. Our experienced team of attorneys has a proven track record of successfully representing clients in complex cases involving commercial vehicles. We are dedicated to seeking justice for our clients and ensuring that they receive fair compensation for their losses.

Determining liability after a truck accident requires a thorough investigation and understanding of state laws governing personal injury claims. Victims should not hesitate to seek legal assistance from knowledgeable attorneys who can guide them through the legal process and advocate on their behalf. At The Law Office of Tedd Kessler, P.C., we are committed to providing top-notch legal representation to victims of truck accidents in New York. Contact us today for a free consultation to discuss your case and explore your options for pursuing justice and compensation.

New York Cyclists: Know Your Rights with a Bicycle Accident Attorney

Wed, 31 Jan 2024 22:02:38 GMT

New York's bustling streets aren't just for taxis and pedestrians. Bikes weave in and out of traffic, becoming an increasingly popular mode of transportation in the city that never sleeps. However, with this surge in cycling comes an unfortunate uptick in accidents involving cyclists. If you find yourself in such a predicament, knowing your rights and how to protect them is crucial. That's where a bicycle accident attorney steps in.

Understanding Bicycle Laws in New York

Before diving into what a bicycle accident attorney can do for you, it's important to understand the laws that affect cyclists in New York. Cyclists are required to abide by the same traffic laws as motorists; this means obeying traffic signals, signs, and lane markings. Additionally, bicyclists must use bike lanes where available and must ride in the same direction as traffic.

Despite following all regulations, accidents happen. In 2020 alone, there were 4,123 reported bicycle accidents in New York City, according to NYPD data. This highlights the need for effective legal support for cyclists.

What a Bicycle Accident Attorney Can Do for You

Legal Expertise

A bicycle accident attorney is specialized in laws pertaining to cycling and knows the ins and outs of handling cases specifically for cyclists. Their expertise can be invaluable in various scenarios, like negotiating with insurance companies or representing your interests in court.

Compensation Claims

In the event of an accident, you may be entitled to compensation for medical bills, lost wages, and even emotional distress. An experienced attorney can ensure that your claims are appropriately filed and that no detail is overlooked when seeking damages.

Investigative Resources

Determining liability in a bicycle accident can be a convoluted affair. A dedicated attorney has access to resources that can strengthen your case, such as accident reconstruction experts or eyewitness testimonies.

Steps After a Bicycle Accident

If you've been involved in a bicycle accident, taking the following steps can help safeguard your rights:

Seek Medical Attention: Health comes first. Even if injuries seem minor, it’s important to get checked by a professional.
Report the Accident: Contact law enforcement to have the accident officially reported. The police report can be a crucial piece of evidence.
Collect Information: Gather contact and insurance information from all parties involved, and take photos of the scene if you can.
Contact an Attorney: Before dealing with insurance companies, consult with a bicycle accident attorney to discuss your rights and next steps.

Cycle with Confidence

While cycling through New York's dynamic neighborhoods can be exhilarating, understanding your rights as a cyclist is paramount. In the unfortunate event of an accident, having a bicycle accident attorney by your side ensures that you are not left to navigate the complex legal landscape alone. No one plans to be in an accident, but preparedness can make all the difference.

New York residents who cycle, remember: it’s not just about wearing a helmet, but also about protecting your rights. Whether you're commuting to work or enjoying a leisurely ride through Central Park, cycle with the peace of mind that comes from knowing a bicycle accident attorney can fight for you if need be.

Ride safely, New York, and know that in the city's tangle of streets, your rights as a cyclist are respected and upheld.

Who is Liable for Your Injuries if You Fall in a Grocery Store?

Fri, 15 Dec 2023 16:29:55 GMT

Who is Liable for Your Injuries if You Fall in a Grocery Store?

A slip-and-fall accident can occur anytime, anywhere, and in any busy grocery store. The impact of such accidents can be quite significant, and recovery can be time-consuming and expensive. It can be challenging to determine who is responsible for your injuries. Still, with the help of an attorney, you can get the compensation you deserve. In this blog post, we will explore who is liable for your injuries if you fall in a grocery store, how these cases are evaluated, and how an attorney can help you.

Slip-and-fall accidents in grocery stores are often due to negligence, such as liquid spills that haven't been cleaned up, grab bars that have been installed incorrectly, or failure to maintain flooring. Negligence can arise from the store management's improper maintenance of the store, failure to clean spills or fix known dangers in the store, or inadequate safety practices. The store may be held liable for your injury in case of negligence.

Grocery stores are responsible for ensuring that their facilities are safe for their customers. In New York, the law requires grocery stores to keep their stores free from hazardous conditions that could cause injury, such as wet floors, ice, loose rugs, raised thresholds, or potholes in parking lots. When a grocery store fails to live up to this legal obligation, it may have acted negligently.

Determining who is at fault can be challenging, and the process requires an investigation. It's crucial that you report the accident to the store manager immediately. Visiting a medical professional to have your injuries evaluated is crucial, and it's essential to retain any records and bills from your visit. You will need to provide a statement about the incident and gather any witnesses or video footage that may have captured the accident. With all this information, an attorney can evaluate your case and determine whether you have the grounds to pursue compensation.

An experienced personal injury attorney can help you pursue the compensation you are entitled to, and they can help you navigate through the complexities of the court system. The attorney may contact the grocery store's insurance company, building a case to establish that the store was negligent, and ultimately pursue a claim for damages. Damages can include reimbursement for medical expenses, loss of income, and pain and suffering. An attorney can help you obtain compensation for your losses and the long-term implications of your injury.

At The Law Office of Tedd Kessler, P.C., we have the necessary expertise and experience to deal with premises liability accidents in New York. We are dedicated to assisting our clients with these claims and obtaining the maximum compensation for their injuries. Our team of lawyers will work tirelessly to establish the traffic light finger system for details and gather evidence to prove your case. We take pride in offering top-notch legal services to all our clients.

In conclusion, slip-and-fall accidents in grocery stores can be quite challenging. Determining who is liable for your injuries requires investigating the details such as evidence of negligence. If you find yourself in such a situation, it's essential to seek medical care immediately, gather evidence, and contact an experienced attorney to navigate the complexities of such cases. At The Law Office of Tedd Kessler, P.C, we have years of experience handling personal injury claims, including slip-and-fall accidents. We are here to help you every step of the way, and we will fight for the compensation you deserve. Contact our office today to schedule a free consultation.

What to Do After Getting into a Motorcycle Accident - A Legal Guide for New York Residents

Tue, 28 Nov 2023 20:38:41 GMT

What to Do After Getting into a Motorcycle Accident - A Legal Guide for New York Residents

Getting into a motorcycle accident can be a shocking and traumatic experience. Along with physical injuries, the accident can also cause emotional distress and financial burden. If you ever find yourself in such a situation, it's important to know what to do next. In this post, we'll outline the steps you should take after getting into a motorcycle accident so that you can protect your rights and ensure your recovery.

Seek medical help:

If you or anyone involved in the accident is hurt, don't hesitate to seek medical attention. Call 911 or get to the nearest emergency room. You may have injuries that you're not aware of yet, and getting medical help right away can prevent complications down the line. Even if you feel fine, it's still a good idea to get checked out as soon as possible.

Document the accident:

Regardless of who is at fault, it's crucial to document the accident. Take photos and videos of the scene if possible. Get the names and contact information of any witnesses. Exchange insurance information with the other driver(s). If the police are present, ask for a copy of the accident report. All of this information will be useful if you need to file an insurance claim or pursue legal action.

Don't admit fault:

Even if you think you may have been partly responsible for the accident, don't admit fault to anyone at the scene. Wait until you've spoken with your lawyer and insurance company before making any statements. Admitting fault could harm your chances of getting compensation for your injuries and damages.

Contact a personal injury lawyer:

If you've been injured in a motorcycle accident, it's in your best interest to contact an experienced personal injury lawyer as soon as possible. A lawyer can help you understand your legal rights and options, negotiate with insurance companies, and represent you in court if necessary. At The Law Office of Tedd Kessler, P.C., we have years of experience assisting New York residents with motorcycle accident matters.

Contact your insurance company:

Notify your insurance company of the accident as soon as possible. They will want to know the details and may send an adjuster to investigate. Be careful what you say to your insurance company, however. Stick to the facts and don't give them any reason to deny your claim. If you have hired a lawyer, let your lawyer handle all communication with your insurance company.

Getting into a motorcycle accident can be a stressful and complicated experience, but you don't have to face it alone. Following the above steps can help protect your rights and facilitate your recovery. If you've been injured in a motorcycle accident in New York, don't hesitate to contact The Law Office of Tedd Kessler, P.C. We are dedicated to helping victims of accidents and will work tirelessly to secure the compensation you deserve.

Slip-and-Fall Accidents

Tue, 31 Oct 2023 18:45:51 GMT

Slip-and-fall accidents can happen to anyone, anywhere, and at any time. They can cause severe injuries, leading to permanent disabilities. According to recent statistics, more than one million people visit the emergency room every year due to slip-and-fall accidents. This blog post highlights essential prevention tips for both homeowners and visitors and how an attorney can help in case of such an accident.

Prevention Tips for Homeowners:

Homeowners can take several precautions to prevent slip-and-fall accidents on their property. Here are some essential tips:

1. Maintain Good Lighting: The homeowner should ensure that there is proper lighting around the property to help visitors see where they are walking.

2. Repair and Replace Damaged Surfaces: Uneven pavement, cracked tiles, or loose carpets can cause someone to trip and fall. The homeowner should repair or replace them immediately.

3. Install Handrails: Handrails should be installed wherever possible, such as in stairwells, hallways, and bathrooms.

4. Clean up Spills Immediately: Any spills should be cleaned up promptly, and warning signs should be installed until the area is dry.

Prevention Tips for Visitors:

Visitors also have a role to play in preventing slip-and-fall accidents. Here are some essential tips:

1. Wear Sensible Footwear: Wear shoes with non-slip soles or suitable grip. Avoid shoes with heels or open-toe sandals that can easily slip.

2. Pay Attention to Your Surroundings: Be aware of your surroundings and watch where you are walking. Avoid using your phone or engaging in other activities while walking.

3. Hold on to Handrails: Use handrails where available, especially when going up or downstairs.

4. Alert the Homeowner: If you notice any hazardous areas, be sure to alert the homeowner immediately so they can fix any problems.

How Can an Attorney Help Me?

In case of a slip-and-fall accident, an attorney can be helpful in several ways. Here are some of the ways an attorney can help you:

1. Investigation: An attorney can investigate the scene of the accident to determine the cause, interview witnesses, and collect evidence.

2. Medical Evaluations and Records: An attorney can help you obtain medical evaluations and records, which will help determine if you have a viable claim for damages.

3. Negotiation: Your attorney can handle all communications with the insurance company and negotiate a settlement on your behalf.

4. Litigation: If negotiations fail, your attorney can file a lawsuit in court and litigate the case on your behalf.

In conclusion, slip-and-fall accidents are preventable. Homeowners and visitors need to take precautions to avoid these types of accidents. As a homeowner, ensure there is good lighting, maintain surfaces, install handrails, and clean up spills promptly. Visitors should avoid wearing unsuitable footwear, pay attention to their surroundings, hold onto handrails, and notify homeowners of unsafe areas. An attorney can also be helpful in case of a slip-and-fall accident by investigating, obtaining medical evaluations, negotiating, and litigating on your behalf. Working together, we can reduce the number of slip-and-fall accidents, and the injuries they cause.

Can You Seek a Wrongful Death Settlement After a Car Accident?

Sat, 30 Sep 2023 15:25:02 GMT

Losing a loved one in a car accident is a tragic experience that no one should have to go through. Unfortunately, car accidents are a common occurrence in New York City, and they can result in life-altering injuries or even death. If you’ve lost a family member in a car accident due to someone else’s negligence, you may be eligible for compensation. In this blog post, we’ll explore whether you can seek a wrongful death settlement after a car accident in New York, how to qualify for compensation, how much you can receive, the time limitations to seek a settlement, and how an attorney can help you.

To begin with, a wrongful death occurs when someone dies due to another person's negligence or misconduct. In New York, if the death was caused by a car accident, the surviving family members may be entitled to compensation for their loss. However, to seek a wrongful death settlement, certain qualifications must be met. For instance, the person seeking to receive compensation must be a surviving family member of the deceased, such as the spouse, children, or parents of the deceased. Additionally, the family must prove that the death was caused by the negligence or misconduct of the other driver.

Moving on, the amount of compensation a family can receive for a wrongful death settlement varies depending on the circumstances surrounding the accident. Family members can receive economic damages for expenses related to the accident, such as medical bills, funeral costs, and lost wages. They can also receive non-economic damages, such as compensation for emotional pain and suffering. The amount of compensation could range from a few thousand dollars to several million dollars, depending on the severity of the accident.

Moreover, if you’re seeking a wrongful death settlement in New York, you should be aware of the time limitations involved. In the state of New York, the statute of limitations for wrongful death cases is two years from the date of the accident. If you wait too long to file a claim, you risk losing the right to seek compensation. It’s therefore crucial to speak to an attorney as soon as possible after the accident to start the process of seeking a wrongful death settlement.

Lastly, hiring an attorney is essential when seeking a wrongful death settlement. An attorney can help guide you through the process of filing a claim and increase your chances of receiving the compensation you deserve. They can also explore all options available, such as the possibility of reaching a settlement out of court or going to trial.

Losing a loved one in a car accident is a devastating experience. However, if the accident was caused by someone else's negligence, you may be eligible for compensation. If you’re considering seeking a wrongful death settlement after losing a family member in a car accident in New York, it’s essential to speak to an experienced attorney. They can guide you through the process of seeking compensation and help ensure that you receive the compensation you deserve. Remember that time is of the essence, so don't wait too long to contact an attorney.

Liability in a Truck Accident in New York

Thu, 31 Aug 2023 19:49:09 GMT

Truck accidents are some of the most catastrophic incidents that can happen on roadways. These accidents often result in severe injuries, fatalities, and extensive property damage. If you have been involved in a truck accident in New York, it is essential to understand the legal principles of liability. In this blog post, we will provide a comprehensive guide to help you understand liability in a truck accident in New York.

1. Understanding Liability in a Truck Accident

Liability in a truck accident refers to the responsibility of the individual or entity (such as the trucking company) that caused the accident. In New York, liability is based on the principle of negligence. Negligence refers to the failure to exercise reasonable care that a reasonable person would have exercised under similar circumstances. Therefore, if the truck driver or the trucking company was negligent, they could be held liable for the accident's damages.

2. Potential Parties to the Lawsuit

Several parties could be held liable for a truck accident in New York, including the truck driver, the trucking company, the truck manufacturer, and the loading company. In some cases, multiple parties may share liability for the accident. For example, the truck driver could be liable for driving under the influence of drugs or alcohol, while the trucking company could be held responsible for failing to maintain the vehicle or hiring unqualified drivers.

3. Damages in a Truck Accident

Victims of a truck accident in New York can pursue compensation for both economic and non-economic damages. Economic damages refer to damages that can be quantified, such as medical expenses, lost wages, and property damage. On the other hand, non-economic damages refer to damages that are more subjective, such as pain and suffering, emotional distress, or loss of enjoyment of life. An experienced attorney can help you determine the damages you should pursue in your truck accident case.

4. Comparative Negligence in New York

Comparative negligence is a legal principle that determines each party's degree of fault in an accident. New York is a comparative negligence state, which means that if a victim shares a percentage of fault for the accident, their damages will be reduced by that percentage. For example, if a victim is found to be 30% at fault for an accident that resulted in $100,000 damages, their compensation will be reduced by $30,000.

Being involved in a truck accident is a traumatic experience that can result in significant physical, emotional, and financial damages. However, understanding liability in a truck accident in New York can help victims pursue the compensation they deserve. If you have been involved in a truck accident, it is essential to consult with an experienced attorney who can guide you through the legal process and help you recover the maximum compensation available. Contacting a New York personal injury attorney is a critical step in protecting your legal rights.

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