Although you might not expect it, you could be injured in countless ways when another person acts negligently. When this happens, our attorneys are prepared to help you file a claim to cover your damages.
Determining whether you have a valid personal injury case can be more challenging than you might think. Some cases are obvious, such as when another driver crashes into you. However, knowing who to sue becomes another challenge. A driver who crashes into you might have been working, calling into question whether the employer should be held accountable. Injuries on another person’s property are also common, but fault might not be with the property owner if a business was responsible for the location. Perhaps you were injured on someone else’s property while working on a construction project. Our team can figure out how you can recover compensation and identify any barriers that could impact your claim.
To get your free case review from our Long Island personal injury attorneys, call The Carrion Law Firm today at (631) 910-7493.
Personal Injury Claims Our Attorneys Have Litigated in Freeport, NY
Most personal injury claims are filed because someone’s negligence caused an accident that injured others. Some reasons to file an injury lawsuit are common, like auto accidents, injuries on another’s property, and construction accidents. Other cases can be much more challenging, like when a defective product causes an accident or involves wrongful death. Our personal injury lawyers have litigated cases like these and more for years and can help you get compensation for your injuries. We can identify any restrictions on your right to sue and who to hold liable in the following types of claims:
Vehicle Accidents
Auto accidents happen frequently in Freeport, especially around the intersection of Meadowbrook State Pkwy and Sunrise Hwy. Whether you were in a collision with another passenger car, a commercial truck, a bus, or another vehicle, your personal injury protection (PIP) insurance will provide coverage for basic economic losses, like necessary medical expenses and lost earnings, as per I.S.C. Law § 5102(a). PIP is no-fault insurance, meaning you can recover benefits without proving the other party’s negligence.
Unfortunately, PIP typically cannot compensate for all the losses auto accident victims suffer, as it only covers 80% of their lost income and nothing for non-economic damages. Further, victims are barred from filing a lawsuit for non-financial and other economic losses unless they sustained a serious injury, according to § 5104(a). Several types of injuries are considered “serious” under § 5102(d) to file a lawsuit, ranging from virtually all permanent injuries and death to fractures and temporary injuries that prevent you for at least 90 days from doing your routine daily activities in the first 180 days following the accident.
These no-fault rules will also apply in cases where pedestrians and bicyclists are injured in auto collisions if they or a household family member has coverage. Motorcycle accidents, on the other hand, are not bound by these insurance restrictions. Riders injured on their motorcycle can go directly to filing a lawsuit without having to show that their injuries are serious.
Truck Accidents
Truck accidents present additional issues when filing a claim besides the no-fault rules above, which still typically apply in these cases. Given the damage many trucks can cause, meeting the serious injury threshold is usually not difficult. Determining liability is the challenge in truck accident cases.
Our team will investigate whether the trucker is a traditional employee working for the trucking company. If so, the trucking company can likely be sued along with the driver under the legal rule of respondeat superior. If the trucker caused the accident while on duty and in the course of their job duties, the trucking company is vicariously liable whether it was negligent or not.
If the trucker is an independent contractor, the trucking or shipping company usually is not responsible for accidents they cause. This is a common issue when pursuing compensation after an accident with an Amazon delivery truck. The vast majority of Amazon delivery truck drivers do not work directly for the company, so Amazon is typically shielded from liability. In these claims, our team often finds that an Amazon driver actually works for a delivery service partner (DSP) working with Amazon to complete its deliveries. These DSPs can likely be held accountable when their drivers cause a collision.
In some cases, the trucker is not or only partially responsible for a crash because the cargo was loaded improperly. Some companies have their own employees load cargo, not the truck driver. Caro loaders are liable for loading the cargo correctly and distributing the weight so that it is safe. If cargo shifts during transport, it can cause a driver to lose control and the truck to rollover. However, the driver is ultimately accountable for the cargo they are hauling, so we will likely sue both parties and sort out liability during litigation.
Construction Accidents
Many construction sites are filled with hazardous conditions even when all the safety regulations are being followed. When a worker gets injured, the challenging aspect in the case is typically determining the best legal options to cover their damages.
In general, construction employees must file for Workers’ Compensation if their employer’s or coworker’s negligence caused the accident and cannot file a lawsuit against them. The problem is that Workers’ Compensation insurance will only cover medical expenses and a certain percentage of lost earnings. Benefits do not include coverage for non-economic losses.
You can file a lawsuit against your employer in some circumstances. Perhaps your employer knowingly violated state and federal safety regulations or intentionally did not train a coworker who injured you. Scaffolding violations are also common in the construction industry. Many parties on a construction site can be liable for the scaffolding under L.A.B. Law § 240. Our team can investigate whether your employer or another contractor violated this law and file a lawsuit against them.
No insurance restrictions are placed on your right to sue when a third party caused your construction accident. A negligent driver might have been distracted and crashed into your road crew. Manufacturers sometimes negligently produce construction tools and machinery that are defective or lack instructions to use safely. As long as the potential defendant is a third party, not your employer, you should be able to file a lawsuit.
Premises Liability
Another common claim our attorneys file are those for premises liability. When a property owner acts negligently by allowing a dangerous condition on their premises and fails to correct or warn guests of it, they can be sued for the damages they caused. Property owners also have a duty to inspect their premises for unknown dangers that might pop up that they must repair or replace.
However, determining who has the duty to make a property safe can be challenging since it is not always the property owner who is liable. Many property owners transfer their responsibilities to others renting locations from them. When you are injured on another’s property, our lawyers will review property records and lease agreements to figure out who is responsible for the land. In many cases, a store owner or operator is liable for the damages, such as grocery stores and restaurants renting a property. Your property management company might be liable when you are injured in your apartment building.
Some property owners, on the other hand, owe guests no duty to keep their premises safe nor provide warnings of hazardous conditions. If an owner allows people onto the land for recreational purposes, like hunting, fishing, boating, hiking, and many other activities, they owe no duty of care to people using the land for such purposes, according to G.O.B. Law § 9-103(1)(a). They do not need to make assurances that the land is safe for such uses nor assume responsibility or are liable for others invited onto the land who cause injuries under § 9-103(1)(b). Our team can file a claim in these situations if the property owner maliciously or willfully failed to warn against or guard a dangerous condition, structure, use, or activity.
Product Liability
Many products can cause injuries when they are produced defectively, damaged, or negligently designed. Unfortunately, many victims find out too late that a product is defective and causes devastating injuries. Our team can determine how the product malfunctioned and where the defect in it occurred.
Most of the time, manufacturers are to blame when a product injures someone. They are the ones responsible for assembling the product correctly, using the required parts and materials called for in its production, and making the product according to design. If they deviated from the design to save manufacturing costs or used a substandard part or material, our team can prove how the manufacturer negligently produced the good.
In some cases, the designer is to blame for the product not working properly. Perhaps your car was designed with airbags that designate a gas to be used that causes your airbags to explode when they activate. If so, the vehicle designer should recall the car since each one is likely compromised and can be held liable when they fail to take account for their mistake.
Designers and manufacturers can also be sued for failing to provide adequate warnings for how to use a product safely. Construction machinery and work tools are often dangerous even when used correctly and should have instructions for what can happen if the product is not used as intended. If the victim was using the product reasonably but it still caused an accident, a failure to warn might be the problem. For instance, medications are defective if they do not warn users of the side effects and dangers of misuse. Our team will also look at the retailer and other professionals who might have known of the dangers and had a duty to warn the product’s users.
Dog Bite Incidents
People in Freeport love their dogs and walk them often around town. Unfortunately, though, not every dog owner is responsible, allowing their dogs to run around unrestrained and not taking the time to train them. When a dog owner acts negligently, dogs can bite victims and cause serious injuries.
Our team can help you file a complaint if you were bitten or witnesses a dangerous dog attack someone. Any person who is attacked or witnesses a dog attack has the right to file a complaint to a municipal judge under A.G.M. Law § 123(2). The burden is then on the person filing the complaint to show by clear and convincing evidence that the dog is indeed dangerous. If the evidence supports probable cause that the dog is almost certainly dangerous, the judge can have the animal seized by a dog control officer or the police.
Judges can order that dogs be neutered or spayed, microchipped, evaluated by certified behaviorists, order confinement, muzzled, or euthanized. Further, dog owners are strictly liable for victims’ medical costs under § 123(10), meaning that it is not necessary to prove the owner acted negligently, only that the person owned the dog and the animal caused your medical damages.
Drowning Accidents
Drowning accidents often result in severe injuries and even death. Drowning victims who survive the incident might have suffered oxygen deprivation before being rescued, causing devastating brain damage and cognitive disabilities. These individuals will likely need care for the remainder of their lives, which is why it is crucial to determine who was responsible for the body of water where the accident occurred.
Many drownings happen in and around neighborhood pools. Perhaps a neighbor failed to fence in a pool when they knew children played nearby. Lifeguards might not have been posted at a community pool or public beach. If so, security cameras could have caught the accident on video, which our team can obtain and use to prove that the owner of the pool is liable for your damages.
Call Our Personal Injury Attorneys in Freeport, NY Today to Get Your Claim Filed and Losses Covered
Contact The Carrion Law Firm at (631) 910-7493 for a free case review with our personal injury attorneys.