Valley Stream Personal Injury Lawyer

The field of personal injury law is vast. Plaintiffs may bring a wide range of accidents, injuries, and cases under the umbrella of personal injury claims. As such, you need an attorney who knows how to handle cases like yours. Our team has experience with various personal injury claims and is prepared to help you get fair compensation.

The first thing to determine is whether you have a valid personal injury claim. The common thread throughout all personal injury claims is that the plaintiff experienced bodily harm. If you did not, you likely have a different type of claim. Bodily injuries may result from any number of accidents. Car crashes, slip-and-falls, construction accidents, drownings, and even dog bites are just a few examples of common personal injury claims we can assist you with. Facts, evidence, and damage will inevitably vary from case to case. Speak to our team about your specific circumstances to determine what your claims might be worth and what evidence we need to prove your claims in court.

Speak to our Valley Stream, NY personal injury lawyers for a free case review if you were injured in Valley Stream by calling The Carrion Law Firm at (631) 910-7493.

Auto Accident Lawyer

Car accidents are arguably some of the most common personal injury claims. Long Island is a densely populated place, and there are lots of vehicles on the road every day in and around Valley Stream. In New York, all drivers must have insurance to help them in case of accidents. Also, New York is one of a handful of states that requires drivers to have no-fault insurance, known as personal injury protection (PIP) insurance, in addition to standard liability coverage.

Insurance Claims and Lawsuits

According to I.S.C. Law § 5104(a), drivers must have no-fault insurance that covers them no matter who is at fault. Drivers must file claims with their own coverage, and there is often no need to present evidence of who caused the accident. However, PIP insurance might not be enough to cover all your damages. If you want to sue the other driver for your damages, our personal injury lawyers must be ready to prove that you have a “serious injury.”

A serious injury is defined under § 5102(d) and includes a variety of severe or permanent injuries. A serious injury includes fractures, significant disfigurement, dismemberment, death, loss of a fetus, and limited or permanent limitations of organs, members, or bodily functions. If none of these injuries exist in your case, you might still have a serious injury if it is a medically determined, non-permanent impairment that interferes with your ability to perform normal daily tasks of living for no less than 90 days during the 180 days after the accident.

Different Types of Auto Accidents

These laws surrounding auto accident cases apply in various accidents with various vehicles. You might be injured in an accident involving cars, large trucks, buses, and other vehicles. No-fault laws do not govern motorcycles, and you may file a lawsuit without the need to prove you have a serious injury.

Our team can also help you with other kinds of accidents. Maybe you were injured while riding in an Uber or Lyft vehicle. Maybe you were not even in a car. You might have been struck by a negligent driver while on foot or riding a bicycle. These are still considered vehicle accidents, and you deserve fair compensation.

Other accidents are more complicated as they might overlap with criminal law. For example, if the other driver was intoxicated, they may face charges for drunk driving or other criminal charges depending on whether anyone was seriously hurt.

Where Accidents May Occur in Valley Stream

Long Island and the town of Valley Stream are densely populated urban and suburban places with many roads and vehicles. Accidents can happen almost anywhere there are cars, but certain highways and intersections tend to be somewhat more high-risk, considering how busy they can be.

New York State Route 27 is the main arterial highway that runs through Valley Stream and is often busy. Speed limits tend to be higher than on residential roads and streets. It only takes one negligent driver to cause a crash. On major highways, crashes sometimes create a domino effect, and other drivers might get caught up in the accident, creating a pile-up situation.

Another high-risk area for car accidents is the intersection of W. Merrick Road and S. Central Avenue, located north of Route 27. While these are local highways rather than busy state routes, they still carry much traffic through the area. The area of Rockaway Parkway, especially where it intersects with Route 27, is similarly busy, and drivers should exercise caution.

Premises Liability Lawyer

Premises liability claims involve injuries and accidents caused by unsafe conditions on someone’s property. Generally, a property owner is legally obligated to make sure the premises are safe for lawful entrants, including invited guests and others who might be expected to show up without an invitation, like a store customer. On top of that, property owners also have a legal duty to make reasonable inspections of their property to check for potentially unknown hazards so they can be removed or repaired. If hazards cannot be fixed, entrants must be adequately warned of the risks.

Additionally, the liability of certain kinds of property owners may be more limited under certain conditions. According to G.O.B. Law § 9-103(1)(a), the owners of property used for recreational activities like fishing, hiking, sledding, and other outdoor activities do not owe a duty to keep the premises safe for entrants.

Under subsection (b) of this statute, property owners who give permission to another to use their property for recreational activities do not extend any assurance that the premises are safe. The person permitted to use the property is not an “invitee” to whom a duty of care is owed. The owner does not assume responsibility or liability for injuries or accidents on the property.

However, liability for accidents on land used for this kind of recreation is not always limited. Subsection (2)(a) holds that liability may not be limited if the plaintiff’s damages result from the property owner’s malicious failure to warn them about dangerous conditions.

More commonly, premises liability claims involve slip-and-fall accidents. Such an accident might occur while you are shopping in a grocery store or having a night out with friends at a bar or restaurant. You might slip in a spill and become hurt, and the property owner may be held liable for your damages.

Construction Accident Lawyer

Construction sites are inherently dangerous, which is why access is often restricted. Workers might be injured by defective and dangerous power tools or machinery. They might also be injured in falling accidents or because of another worker’s negligence. Even people passing by a construction site might be injured by unsecured equipment or falling debris.

Regarding falling accidents, which are common, plaintiffs might have claims under the Scaffold Law under L.A.B. Law § 240(1). Under this law, contractors and owners (except for owners of one and two-family dwellings who contract for construction work but do not control it) are required to erect scaffolding, ladders, hoists, and other devices for work involving building, demolition, repairing, painting, cleaning, altering, or pointing of buildings. Failure to do so may be a legal violation.

Under Subsection (2), scaffolding or staging that is more than 20 feet from the ground or floor, other than scaffolding that is entirely within a building’s interior and covering the entire floor of a space or room, must have a suitable safety rail. The safety rail must rise at least 34 inches above the main floor of the scaffolding and extend along its entire outside length. Under Subsection (3), all scaffolding must be built to support no less than 4 times the maximum weight required to be placed on the scaffolding.

It is not unusual for construction accidents and injuries to happen because of violations of the Scaffold Law. If you fell while working from high scaffolding or ladders or were struck by falling debris, your case might involve violations of this law.

Product Liability Lawyer

Other personal injury cases might stem from a dangerously defective product you purchased. Product liability claims involve a consumer good malfunctioning because it was damaged, defective, or poorly designed. Victims often cannot tell that the item is unsafe to use until it is too late.

In many cases, negligent manufacturers may be held liable for damages. Our personal injury lawyers must prove that the item in question was so poorly designed that it was unsafe to use or damaged while still with the manufacturer. Be sure to hold onto the product that injured you. We should have it inspected to determine if it was damaged or had a design flaw that caused the accident.

Drowning Accident Lawyer

While drowning accidents can and often do lead to death, not every drowning victim passes away. Many victims experience other injuries related to the deprivation of oxygen. The longer a person is underwater and unable to resurface, the more likely they might experience brain damage. Drowning victims who survive sometimes must live with cognitive disabilities that affect nearly every other aspect of their lives.

Drowning accidents often happen in pools, but they can happen anywhere there is water. For example, you or a loved one might experience a near-drowning incident in a pool or a body of water like Valley Stream Pond or at Edward W. Cahill Memorial Park.

Our evidence should revolve around the safety of the pool and the pool owner’s responsibility or duty of care. For example, we might have evidence that the pool was not properly fenced in, allowing a young child to fall in the pool and nearly drown. Maybe there was no lifeguard when there was supposed to be, and pool entrants were not warned about the absence of the lifeguard. If your accident occurred at a public pool, security cameras might have recorded the area. The video footage might show us what went wrong and how the pool owner is responsible.

Dog Bite Lawyer

Dogs are perhaps the most popular choice for a pet in the United States. As such, dogs can be found almost everywhere in Valley Stream. You likely encounter dogs while you are going about your daily life. Unfortunately, not all dog owners are responsible. They might not restrain or properly train their pets to prevent accidents and bite-related injuries. Dog bites tend to happen where people walk their dogs, like Valley Stream State Park and other parks in the area.

If you were injured from a dog bite, we should evaluate your case against New York’s “dangerous dog” law. According to A.G.M. Law § 123(2), a dog bite victim or a witness to the incident may file a complaint, and a judge may determine whether there is probable cause supporting that the dog is dangerous. If the dog is deemed dangerous, the judge may order the authorities to seize and hold it while further judicial determination is pending.

Whether or not the dog is seized, the judge must hold a hearing on the complaint. At the hearing, the petitioner (i.e., the person who was bit or witnessed the attack) has the burden of proving by clear and convincing evidence that the dog is dangerous. If the judge is convinced that the dog is dangerous, they may order certain procedures or protections to be implemented, such as microchipping, neutering, evaluation by an animal behavior therapist, confinement, euthanasia, or other measures.

According to § 123(10), the owner of a dog determined to be dangerous may be strictly liable for the victim’s medical costs. You might claim additional damages in a lawsuit.

Wrongful Death Lawyer

Not everyone survives a bad accident, but their legal claims may still survive. Surviving family members may bring a wrongful death action for the loss of a loved one because of someone else’s negligence. According to E.P.T. Law § 5-4.1(1), the deceased person’s personal representative must file the case. The representative is often named in the deceased person’s will or may be appointed by the court if no representative is named.

A wrongful death claim must be commenced within 2 years of your loved one’s passing. Under subsection (2) of the statute mentioned above, if the defendant in a wrongful death case is criminally charged in relation to the wrongful death, the personal representative has 1 year from when the criminal action is terminated to file the case.

Under § 5-4.3(a), the jury in a wrongful death case may award damages as they see fit, including economic and non-economic losses and injuries. Damages in these cases are often high, as no amount of money can undo the harm suffered by you and your family.

Evidence may involve details and information about the accident, but much evidence will likely come from medical records and testimony from medical professionals about your loved one’s injuries. We must prove that your loved one’s cause of death was directly related to the defendant’s negligence.

Contact Our Valley Stream Personal Injury Attorneys for Help with Your Case

Speak to our personal injury lawyers for a free case review if you were injured in Valley Stream by calling The Carrion Law Firm at (631) 910-7493.