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If you’ve been injured in New York, it can be hard to tell whether you have a case for a personal injury claim. Even before you consult with a personal injury attorney, take the following factors into consideration when evaluating whether you have a personal injury case on your hands:
How personal injury lawyers can make your case. It’s not just the physical effects of an accident or injury that cause survivors pain. Emotional trauma can leave invisible wounds that take time to heal. If you’ve experienced emotional distress, a personal injury attorney can be your advocate in the New York court system.
When you have been injured at work, your employer may not discriminate against you for your temporary disability. In this case, discrimination includes terminating you or laying you off. However, if your employer has reason to believe that you cannot continue your duties as an employee and that belief is backed by medical evidence, they may be permitted to terminate you. An experienced New York personal injury lawyer can help you navigate the process and the law as it affects you.
If you’ve been permanently disabled by a work injury, you have rights under New York state law. As recently as 2012, the Workers’ Compensation Reform Task Force and Advisory Committee redid the state’s framework for determining workers’ loss of wage-earning capacity (LWEC).
If you commute in New York, you’re all too familiar with the molasses-like crawl that traffic can slow to during rush hour. Even at these slow-motion speeds, you’re still at risk for getting into an accident, and possibly sustaining a personal injury or damage to your vehicle.
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After much deliberation, cancer patients will have their day in court. Governor Andrew Cuomo and legislative leaders John J. Flanagan and Carl Heastie have reached an agreement on a landmark piece of personal injury legislation, and on January 30, 2018, the law passed in both houses of the New York state legislature.
A serious injury can occur in a New York minute. When you’ve survived an accident, sky-high medical bills might make you consider handling your own personal injury case to save money. However, it’s worth considering hiring a personal injury lawyer to ensure that you are fairly compensated for medical bills, lost wages, and other costs incurred as a result of your injury.
While a non-lawyer might think that handling a personal injury case just means getting reimbursed for medical expenses, a NY personal injury lawyer can use his or her expertise to recover two kinds of damages: compensatory, which compensates victims for expenses from lost wages, medical bills, and property damage, and punitive damages, which are awarded to victims in addition to compensatory damages.
Social media has become an all-too-pervasive part of our culture. Many people forget that everything posted to the internet is considered public information, regardless of the privacy settings you use on your social media pages. Even if you delete a post or picture, it can still be recovered from archives or could already have been saved on someone else’s computer.
This is especially important to remember if you’re in the middle of a personal injury claim. The way you interact with people or present yourself on social media can affect the outcome of your case—and often not in a good way.
It’s better to stay away from social media until your claim has officially concluded. Even comments that come across as being too positive in the days following the accident could be used against you as evidence that the accident did not affect you in the way you claim.
Wearing a helmet while riding a motorcycle isn’t just a safety issue—it’s a legal one. There are only two states in the nation that do not have any motorcycle helmet laws: Illinois and Iowa. The rest have their own helmet laws dictating when and how you should wear helmets while on your bike.
New York’s motorcycle helmet law states that “it shall be unlawful for any person to operate or ride upon a motorcycle unless he wears a protective helmet.” Failure to wear a helmet could lead to a fine.
If you get into an accident while not wearing a helmet and survive your injuries, you could also see your potential compensation decreased. The following are a few potential scenarios and what each does to your ability to recover compensation: