Category: Personal Injury

When you’ve been hurt in a car accident that was caused by someone else, you might not fully understand how severe your injuries truly are. But it’s important for your personal injury case to consider many factors before you accept an injury settlement offer. Read on to learn about four reasons why a car accident victim may not see how serious their losses are.

It’s not unusual for an individual who was injured due to someone else’s negligence, to underestimate how significant their injuries may be when the car accident first occurs. The reasons include the following:

1. Car accidents can leave victims in a state of shock:

You can’t predict how you’ll react to the trauma of a stressful event like a car wreck. Some victims experience shock or denial; post-accident shock symptoms could consist of rapid heartbeat, flashbacks, and changes to sleep or exhaustion. When someone responds in a way that produces an adrenaline rush or a state of shock, this may help to mask a considerable amount of pain that the body would use to indicate serious injuries. If this pain is not readily felt during this time, an accident victim could erroneously mistake their injuries. Not realizing this could result in a significant difference in the costs of your medical expenses.   

2. Many accident victims don’t correctly factor in the emotional pain and suffering they suffer:

Many of the injured fail to adequately contemplate the emotional problems that they endure, which can be very difficult to overcome.  When it comes to any accident, including a vehicle collision, there are different responses from different victims. For some involved in crashes, the stress and trauma can result in delayed emotional shock that can impact victims for days, weeks, or even months after. This can include unpredictable emotions, such as feelings of shame or guilt or negative thoughts. Conditions, such as PTSD may also occur.   

3. Serious injuries can take time to show serious symptoms:

While most vehicle accident injuries are present immediately, some may take longer to manifest. A life-threatening injury can worsen for weeks before the individual even realizes that the issue stems from the car accident. For instance, internal organ injuries don’t show symptoms right away. Something like whiplash can take days to develop, and an injury that is perceived to be a minor one could become infected, leading to something serious like organ failure that takes a few weeks to manifest. 

4. Some types of serious injuries lead to major secondary health concerns that require ongoing care:

Depending on the severity of the injury, long term care could be a possibility. For instance, burn injuries may require follow up surgeries, and physical and occupational therapy. Or a brain injury may take months to heal or may even be permanent. This is why it’s critical to seek out a medical opinion on your future care requirements to help determine what your medical and care expenses may be going forward.

Get Help from an Experienced NY Car Accident Attorney

It’s easy to see why you can’t rush into any settlement offer, considering the reasons people undervalue their case. Don’t go at it alone. It’s best to get help from an experienced car accident attorney. Get started by talking to one of our savvy MOWK Law lawyers who understands the value of your case and will work hard to ensure that you’re fairly compensated for your injuries. Contact us right away. 

If you were hurt in an accident, (motor vehicle, or otherwise), that was caused by another party, you probably want to receive money for your injuries and losses. You’re interested in pursuing a personal injury lawsuit but want to make sure that your timing is in line. Well, for the most part, for any New York personal injury case, you have three years to file. Although three years is a long time and you think you have a lot of time, you want to make sure that you get started right away so that you don’t miss your opportunity to be compensated for your injuries. 

New York’s Statute of Limitations Laws

The statute of limitations refers to the length of time that an individual has to file a certain type of litigation. For a personal injury lawsuit, this means that the person who was injured in the accident or incident must start the paperwork filing with the court within the timeframe. The time clock generally begins ticking on the date of the underlying accident or event that caused the harm. Typically, the court will block claims that come after the statute of limitation has passed, except for a few exceptions. Specifically, the New York three-year statute of limitations means that a plaintiff only has three years to file a suit from the date that the accident or incident occurred. 

In most personal injury claims, there is generally an apparent and evident cause of injury. For instance, if you were in a car accident, you will typically know about your injuries either immediately after the collision or sometime soon after the crash occurred when further symptoms might develop. This is why it’s not considered burdensome to be able to pursue claims within a relatively short time period of three years. But there are some circumstances where you will have longer than three years to file. 

Exceptions to the NY Statute of Limitations for Personal Injury Lawsuits

What if you miss the statute of limitations deadline? If you don’t meet the criteria for one of these exceptions, you generally won’t be able to file your PI case. However, there are certain exceptions to the statute of limitations, which can pause, delay, or change the time limit imposed. Here are the exceptions:

• Discovery rule: Typically, the date of the accident/incident is the important date, but with more complex cases, the statute of limitations doesn’t begin to run until the injured person has discovered the injury. 
• Legal disabilities: The plaintiff is a minor (under the age of 18) or doesn’t have a sound mind (they are under a legal disability). 
• Wrongful death: These lawsuits arise when a party’s negligence causes another party’s death; close relatives and loved ones can file for this. The statute of limitations is shorter; it is two years to file instead of three. The time begins on the date that the individual dies.

Speak with an Experienced NY Lawyer Before the Statute of Limitations Expires

Filing your lawsuit is critical if you want to receive compensation for your injuries caused by another party. Talk to one of our highly skilled personal injury attorneys. Contact us here at MOWK Law to get an honest evaluation of your case and to file before the time runs out.

We’re always reminded of the dangers of texting while driving. But what about the dangers of texting while walking? Given the fact that many of us are attached to a phone screen at any given moment, you could find yourself suffering a slip and fall injury when you’re paying more attention to your phone screen than walking at the hardware store. If this happens to you, you might be reluctant to file a personal injury lawsuit because you feel guilty about your part of the accident. You may be uncertain as to how that affects your claim: You wonder if you can recover slip and fall damages if you’re at fault. Be assured that New York law does allow plaintiffs to recover compensation from a defendant if the plaintiffs carry some blame for the injury.   

Not every personal injury case in New York is based strictly on the wrongdoing of the defendant. Sometimes there is shared fault to go around, with the plaintiff also contributing to their injury because of their own actions. When this occurs, the plaintiff’s role has to be considered when it comes to how much money they will be awarded. 

Pure Comparative Negligence

State law determines how the role of the plaintiff’s fault contributed to their injury. While some states completely forbid victims from receiving compensation (pure contributory negligence) if they are even one percent responsible for their slip and fall accident, New York is one of about a dozen states that uses a pure comparative fault negligence standard.  

This means that even if you do share some fault in the accident that you can still recover damages. In personal injury cases, including slip and fall cases, the amount that you will receive will be deducted by an amount that reflects the percentage of your fault. 

For instance, suppose you are clothes shopping, and you slip on spilled perfume that had been on the floor for hours. The store owner blames you for the accident. At trial, their defense is claimed in part on the basis that the reason for your fall is that you were watching videos on your phone, and your injury was not due to the spilled perfume. 

The jury determines that your total damages are $200,000, and you were considered to be 10 percent at fault, then $20,000 would be taken out of your award, leaving you with the remaining $180,000 in damages.  

In scenarios like the mentioned example, even if the case does not go to trial, the defendants will argue that the plaintiff contributed to their own injuries. It will help to have an attorney to show an accurate presentation of the facts. 

Get a PI Attorney’s Help for Slip/Fall Cases When You’re at Fault 

If you were distracted by your cell phone, eating food, or running around with your shoelaces untied, it doesn’t mean that you can’t recover damages from your slip and fall accident. However, it does mean that your recovery will be reduced in proportion to your fault. You will want to have an experienced attorney to help fight for you to get a lower percentage of fault. Fortunately, you can find this in one of our skilled MOWK Law New York personal injury attorneys. Contact us today for the next steps.

It seems like everywhere you go in New York, there is some kind of construction going on. And with this essential work comes serious accidents that can produce injuries (ranging from minor to catastrophic) and sometimes even fatalities. 

If you work in this industry, you are subjected to very dangerous conditions that may be present every time you enter a construction site. Here are some of the most common construction accidents that occur in New York.

Falls

Falls are some of the most common injuries that can happen on a construction site. A construction worker can fall from anywhere that is above the ground, but some common examples include falls from a ladder, a scaffolding, a roof, or a chimney. Obviously, the higher the elevation, the more dangerous the fall will likely be, resulting in more severe injuries or fatalities.

Slips/Trips

While those working in construction attempt to keep the sites clear and organized, places that need work done are inherently congested and unkempt. This can lead to workers tripping or slipping, which can yield several types of injuries.

Accidents Involving Machinery

A lot of the machinery and equipment (such as drills, nail guns, hammers, and knives) that is used on a construction site is inherently hazardous. It’s up to both the employers, supervisors, and the workers themselves to ensure that the machines are in good working order and are used in accordance with the manufacturers’ intended use. The parties in charge must also provide proper training and should not allow inexperienced workers to perform work if they don’t know what they’re doing. However, regardless of how safe everyone is, accidents can happen. The accidents vary, but one of the most dangerous forms occurs when a worker is caught in or compressed by equipment. 

Being Struck by Objects

Other mishaps happen when a worker is struck by an object. This can include being hurt by falling objects, such as getting hit by a collapsing structure, or other heavy objects. Another way that construction workers are injured is when they are hit or run over by a moving vehicle. 

Electrocutions

Construction work is typically done on locations near power lines and power sources. This proximity makes it possible for workers to encounter the power lines with their machinery and vehicles, with electrocutions as an unfortunate consequence.  

What Are the Types of Injuries that Occur?

Now that the types of accidents that occur on sites have been clearly identified, you should also be aware of the specific types of injuries that can result from the accidents. Here is a list of some of the more common injuries:

• Back and spinal cord injuries
• Brain and head injuries
• Broken bones
• Burns
• Eye injury and vision damage

Discuss Construction Site Accidents with a NY Attorney

Everyone realizes how dangerous construction sites are, and that’s why workers are required to wear helmets and other protective gear. However, even with safety measures in place, people can get hurt. If you need help after being injured in a construction work accident, you can discuss your case with a knowledgeable attorney. Get in touch with a MOWK Law New York construction injury attorney who can assess your situation and direct you to the next steps. Contact us today.    

If you have a personal injury claim in New York, your case is probably based on either negligence or negligence per se. You’re probably more familiar with the term “negligence,” but both legal theories are important because they are the foundation for holding a party financially responsible for damages that their acts caused to another party. The key difference is whether the party is presumed negligent, or the injured victim needs to prove negligence. Read on to learn the detailed differences between negligence and negligence per se and why it’s important for your personal injury case. 

What is Negligence?

Negligence occurs when an individual or entity fails to act with reasonable care. The reasonable care refers to the type of care that a “reasonable person” would have used if they were in that position.

What is considered reasonable changes depending on the specific situation. If the defendant’s conduct doesn’t meet this reasonable person standard, then a jury may find that the defendant was indeed negligent.  

Elements of Negligence

There are generally four elements of negligence:

• Duty of care
• Breach of that duty
• Causation
• Damages

The reasonableness standard applies to the requirement of breach of duty. If the defendant didn’t use reasonable care, then they have breached the duty of care that they owed to the other party. In general, everyone owes everyone else a general duty of care to avoid behavior that brings a risk of harm or death. However, in a personal injury lawsuit, the duty may be more specific, such as a duty to all drivers and pedestrians when you’re a driver on the road.  

In order to show negligence, you might need an expert witness to testify as to what a reasonable person in similar circumstances would have done. And even if the person would’ve acted in an unreasonable way, it doesn’t necessarily mean that the party is liable for damages. The plaintiff still has to prove that the defendant’s negligent behavior was both the direct cause and the proximate cause of their injuries. And that their injuries resulted in damages. 

What is Negligence Per Se?

In contrast to regular negligence, negligence per se is when the defendant’s acts are presumed to be negligent because they broke a law or violated a specific statute. The law or regulation must protect the public interest, and the plaintiff must have suffered the type of injury that the law is intended to prevent or stop; also, the plaintiff must be a member of the group that the law is intended to protect. The rationale for this is that violating these laws increase the risk of injury or death to the public.  

Examples of Negligence Per Se

Some examples include:

• Building codes
• Criminal statutes prohibiting assault, murder, or other intentional acts
• Driving under the influence of drugs or alcohol
• Speed limits

Burden Shift

There’s a shift of the burden of proof here. Typically, the plaintiff has the burden to prove their case. However, in negligence per se, the pendulum swings towards the defendant. The plaintiff doesn’t need to show that the defendant breached the duty of reasonable care, rather this is presumed because the defendant violated one of the laws that was intended to protect public safety.

But the injured party must still show causation; in other words, that the defendant’s conduct was the direct and proximate cause of the injury, which resulted in related damages. If the plaintiff can’t show the causal relationship to their injury or prove damages, they can’t recover financial compensation.  

Talk to a New York Attorney about Your PI Claim

Regardless of whether your claim is based on a theory of negligence or negligence per se, you will benefit from having an experienced personal injury lawyer on your side. Fortunately, you can connect with a skilled MOWK Law personal injury attorney who will assist you with exploring your options. Contact us today.  

If you’re a victim of a tort, you should know that you may be entitled to different types of damages for the injury that you’ve suffered, depending on the details and facts of your specific case. Read on to learn about torts and the different types of damages that are available in New York.

What is a Tort?

A tort is defined as action or nonaction that gives rise to injury or harm to an individual who can seek recovery through civil court. In other words, the tortfeasor or wrongdoer’s activity or inactivity hurts the victim in a way that is considered a civil violation and the courts can hold the wrongdoer accountable. Tort law covers various types of harm, such as physical injuries, property violations, and deprivations of rights. Some examples of personal injury torts in NY include:

• Animal attack/dog bites causes of action
• Emotional distress (intentional infliction)
• Emotional distress (negligently infliction)
• Medical malpractice
• Negligence
• Premise liability (slip and falls, defective conditions) 
• Survivorship
• Wrongful birth
• Wrongful death 
• Wrongful life

Although these violations are similar to crimes and there is overlap, torts are their own thing entirely and differ from crimes mostly due to the types of remedies available in tort law.   

Tort Damages in New York

In New York, the victim can try to recover three types of damages:

• Nominal Damages in New York: These damages are awarded for an intentional act that does not require a showing of a loss or injury; the rationale behind this is that nominal damages are intended to protect the rights of tort victims. For example, an injured plaintiff who proves that the defendant’s act caused their injury but fails to produce medical records to show the extent of the injury. 

• Compensatory Damages in New York: These damages are intended to make up for any losses the plaintiff suffered due to the injury caused by the action or inaction of the defendant. There are two kinds of compensatory damages, Special Compensatory Damages and General Compensatory Damages. 

• Special Compensatory Damages: The purpose for special compensatory damages is compensating the plaintiff for the economic losses suffered due to the injury (health care costs, loss of earnings, costs of rehab) that the defendant caused.  
• General Compensatory Damages: These damages are for the non-economic losses that the plaintiff suffered. This includes mental distress, loss of opportunities, pain and suffering caused by the defendant. 

• Punitive Damages in New York: Punitive damages are used to show punishment against the wrongdoer. They can be awarded when the action shows “a criminal indifference to civil obligations.” Basically, it’s so bad that the law is used to teach a lesson and to discourage others from following the bad example.  

Talk to a PI Attorney about Available Damages in NY

Becoming familiar with the types of available damages can help you understand what to expect from your personal injury lawsuit. You should contact one of our skilled MOWK Law attorneys who can help you with your specific case. Contact us today for more information.   

Should you Consider a Plea Deal?

Plea deals are an advantage to prosecutors because it saves time, energy, and resources needed to go to trial, but there are also some reasons why a defendant might consider a plea deal. 

Sometimes people think that a defendant should only accept a plea bargain if they are indeed guilty. However, the process is more complicated than that. Although there are times when you want to mount a solid defense, there are times, even if a defendant believes that they didn’t commit the crime that they’re charged with, they may want to consider a deal that’s been offered by the prosecution. 

Reduced Charges

For defendants, facing reduced charges can be viewed as one of the best advantages that comes from accepting a plea deal. This can be especially attractive if the original charge carries significant incarceration and costly fines. Typically, a reduced charge equals a lighter sentence and possibly no jail time. A misdemeanor conviction probably won’t be as detrimental to your career as a felony conviction would. Additionally, a plea deal can also help you avoid controversial charges like DUI or rape. 

An experienced defense attorney might be able to negotiate a deal with the prosecution that lets you lower a felony charge to a misdemeanor or possibly get some charges dropped completely. 

Avoiding a Jury Trial

With the long delays in the criminal justice system, you could be waiting on a case that could go on for months. By accepting a plea deal, you can save time, money, and stress and can avoid the uncertainty of putting your future in the hands of a jury. You could also avoid the publicity of a trial if that’s a concern. Because you could end up with an outcome that is far worse than what a prosecutor offers you, it might be something to consider.  

Additional Reasons

• Getting out of custody earlier: While some defendants may be able to get out of custody by posting bail, some can’t; getting out of custody earlier could be a reason for pleas. 
• Avoiding deportation: for noncitizens who want to remain in the country.
• Saving money on attorney fees: defendants with private attorneys can save on attorneys’ fees with a plea bargain since it requires less time and energy.
• Keeping more privacy: if you don’t want the attention of a public trial.  

Talk to a Defense Attorney about Plea Bargains

Each case is unique. Act in your best interest and obtain legal insight from an experienced criminal defense attorney who can explain your rights. With this insight, you can better understand your situation and decide the best course of action for you. Contact a MOWK Law attorney today to weigh your options.  

Driving on the roads of New York can be dangerous. People get into accidents every day. If it happens to you, you want to be able to be compensated for any injuries that you’ve suffered. Determining fault can add further complexity to the issue. Therefore, reliable eyewitnesses can go a long way in making a big difference in your personal injury claim.

Insurance companies will do whatever it takes to avoid paying costly damages, even attacking the credibility of a witness. Because of this, you will want to be sure that any witness that you have testifying on your behalf is really “credible.”

What Does it Mean to be Credible?

A credible witness is one who presents as competent and worthy of belief. Their testimony is presumed to be truthful due to their knowledge, experience, and their appearance of integrity. 

Why Witness Credibility is so Important

As with any case, establishing a witness’s credibility in your accident claim can be difficult, but discrediting it may not be as challenging. If fault is uncertain, it gives the defense more leeway to try to poke holes in the case. However, it’s very important to show your witnesses’ believability because there’s a direct connection between the credibility of a witness (or the lack of credibility) and the opportunity of your vehicle accident attorney to negotiate a good settlement offer for you. 

What Factors Make a Witness Credible?

Now that’s it’s been shown how relevant the way that your witnesses come across, what are some of the elements that make a witness credible? The following are factors that can help to establish the credibility of a witness:

• Strong moral character with a lack of criminal history
• Not a personal relationship with you (not a relative or friend)
• Mentally and physically healthy
• Drug and alcohol free at the time of the accident

What Factors Hurt Witness Credibility? 

Just as certain elements can help to create witness credibility, there are factors that have a negative impact. Here are the following factors that hurt a witness’ credibility:

• Witnesses who didn’t see the entire accident
• Witnesses who provide inconsistent accounts of the accident
• Witnesses who are distracted (they are on their cell phone, talking with others)
• Witnesses who are biased (they are relatives or personal friends)
• Witnesses who have a financial interest in the case
• Witnesses who have trouble discussing the accident due to mental health issues, age, or physical condition)

It’s best for your case to have a witness who has clear vantage point of the accident, with no personal or financial ties. A witness who is not credible may do more harm than good in your personal injury lawsuit. Here, your attorney may even advise you to not use them as a witness.

Discuss Your Case with an Experienced PI Attorney

Determining a witness’ credibility is just one of the many things that a lawyer will do to help you get the compensation that you deserve. That’s why you need an experienced personal injury attorney at your side. Connect with one of our skillful MOWK Law personal injury attorneys who is ready to talk to you. Contact us today. 

There’s nothing like a bike ride. Whether it’s a leisure trip to the park or a commuter ride to work, riding a bike can be both exhilarating and functional. However, all of the good times will go out the window the moment someone hits you with their car. But who pays your medical bills following a New York bicycle accident?

Seek Medical Attention

If you’ve been struck by a car while riding your bike, you should seek medical attention right away. There will likely be obvious injuries like cuts and bruises, but even if they seem minor, you should not hesitate to get to a health care provider immediately. Sometimes serious conditions like internal damage and traumatic brain injuries can manifest later, appearing hours or even days after the impact. Additionally, going to see a physician will be on the record and can be considered a significant initial move towards getting compensation for your bicycle accident injuries. 

New York’s No-Fault Insurance Policies

Like many other states, New York has no-fault laws that compel individuals that are involved in vehicle accidents to file medical claims with their own car insurance companies, regardless of who is at fault in the accident. 

Personal Injury Protection Plans (PIP)

No-fault policies are referred to as “personal injury protection plans” (PIP). These policies are required for drivers to purchase as part of their own insurance plans. The minimum amount of PIP you can purchase in New York is $50,000 per person for health care costs, lost earnings, and other expenses; the amount you purchase is the maximum that you’re entitled to recover with a PIP claim. However, besides filing for PIP coverage for your health care expenses, you also may be entitled to file a claim for pain and suffering damages that will enable you to recover compensation for your injuries that are more than the limits of your PIP medical benefits.

In New York, when a bicycle collision involves a car, bus, or truck, the driver’s auto insurance company is responsible for all PIP claims, including that of the cyclist; it doesn’t matter who was at fault in the accident. PIP claims must be filed with the vehicle driver’s insurance company within 30 days of the accident, or the claim will be denied. 

Uninsured Drivers or Hit and Runs 

If you were the victim of a hit and run or the driver of the vehicle that hit you is uninsured, you need to file your no-fault claim with your own auto insurance company. If you don’t have auto insurance, you could still be eligible for no-fault coverage under the Motor Vehicle Accident Indemnification Corporation (MVAIC).

Speak with an Experienced Attorney about your Bicycle Accident

Being involved in any collision can be pretty traumatic, especially when you’ve been hit while biking. Because understanding PIP coverage after your accident might be confusing, you will probably benefit from talking to an experienced attorney about your situation. If you were involved in a bike accident, contact a MOWK personal injury attorney who can inform you about your rights and help you get the proper compensation that you deserve. Contact us today to learn more.