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WYLIELAW ON NEGLIGENCE,
PERSONAL INJURY AND ACCIDENTS |
As personal injury lawyers, WYLIELAW represent clients who
have suffered various types of injuries in many different ways.
Although our offices are located in New York City, we have working
relationships with attorneys in many different jurisdictions throughout
the United States. Our initial evaluations of cases, while free
to the client, are made by a professional lawyer well experienced
in personal injury law.
WYLIELAW offers you two easy ways to get advice from an experienced
lawyer. First, by using an easy to use form called "ASK WYLIELAW"
you can submit a request and we will contact you for a free evaluation
of your personal injury claim. Second, you can call us and speak
to an attorney right now. We are well experienced in providing personal
service to injured clients. We will do all we can, to reduce your
suffering, inconvenience and financial losses.
This WYLIELAW free legal help site provides explicit information
on what you need to do to protect your rights in regard to any personal
injury claim. Our experienced lawyers have prepared this information
from their years of experience. It is smart to contact us as soon
as possible and the free information will help you get started.
Important! In all personal injury claims, there are time limits
set by law. Therefore, whether you choose to contact WYLIELAW,
it is important to contact a lawyer as soon as possible to ensure
your rights are protected. If you do not know your rights, please
read the information on this free legal help site. Know Your Rights
! Protect your rights by contacting the lawyer of your choice as
soon as possible.
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WYLIELAW ON SLIP / TRIP AND FALL
ACCIDENTS
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"Slip and fall" or "Trip and Fall" are terms for personal injury
cases that are caused when a person slips or trips and falls on
a floor, sidewalk, stair, or other surface. As a broad general rule,
if you are the owner of a house, a building, a parking lot, or other
premises, you are responsible for injuries resulting from a slip/trip
and fall on the premises. An occupier of the premises, such as a
tenant in an apartment building or a storeowner who leases a store,
may also be liable for injuries if the occupier has control over
the premises in which the injury occurred.A "slip/trip and
fall" accident may be caused by:
- A "slip/trip and fall" accident may be caused by:
- An uneven floor
- An unseen danger such as a hole covered up by a rug
- Poor lighting
- A slippery floor surface
- Liquid on the floor which creates a dangerous situation
- Uneven sidewalk or street
The specific circumstances surrounding a "slip/trip and fall"
accident are important in determining who may be legally responsible
for any injuries. For example, if you are an invited guest on a
property, the owner or the occupier who invites you has the responsibility
(a duty of care) to keep the premises safe, and to warn you if there
is any dangerous conditions that might cause you harm. However,
if you are on a person's premises for a business purpose, the owner
or occupier may owe you a higher duty of care.
The situation is somewhat different if you are not invited onto
someone else's property and you are a trespasser. The "standard
of care" that a property owner owes to a trespasser is usually less
than the standard of care that is owed to a person who has permission
to be on the property.
Specific laws governing the liability of employers often cover a
"slip/trip and fall" accident occurring at a person's workplace.
These laws include the Federal Occupational Safety and Health Act
(OSHA) and state workplace safety laws, which impose a duty on employers
to keep workplaces safe. Additionally, New York state workers' compensation
laws govern lawsuits brought by employees against employers. Under
these "workers' comp" laws, employers are held strictly liable for
injuries suffered by employees. In return for this strict liability,
the workers' compensation statute limits the amount of damages that
an employee can recover.
Sometimes the government is responsible for keeping premises safe.
For example, the city of New York is responsible for maintaining
a building it owns. If you slip/trip on broken floor or sidewalk
in or in front of the city's building, the city government may be
liable for your injuries. However, there are strict rules usually
applying to lawsuits brought against federal, state, and local governments.
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WYLIELAW ON AUTOMOBILE ACCIDENTS
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A car accident occurs approximately every five seconds in the
United States. More likely than not, you or someone you know has
been involved in a car accident. In New York you may need a lawyer
to help you deal with the complexities of insurance coverage, especially
if you are injured. Your insurance company will need information
to grant your personal injury protection benefits, you need to immediately
notify the company of a potential underinsured or uninsured motorist
claim or those benefits could be lost. Additionally, often your
own insurance policy may cover an accident that did not even involve
your vehicle. You will need to consider and assess the coverage
of several policies, including that of the Defendant.
A person who carelessly operates a vehicle may be required to pay
any damages caused by that carelessness, either to other persons
or to their property. Generally, people who operate automobiles
must exercise "reasonable care under the circumstances". Failure
to use reasonable care is the basis in most lawsuits for damages
caused by an automobile accident. A lawsuit may be brought by any
of the following individuals who was injured in an automobile accident:
- A driver of a vehicle involved in a multi-vehicle accident.
- A pedestrian.
- A passenger in the automobile.
- A bicycle/moped/motorcycle driver.
A driver may also be liable for an accident caused by intentional
conduct or reckless conduct. A driver who is reckless is one who
drives unsafely, with willful and wanton disregard for the probability
that the driving may cause an accident.
AFTER AN ACCIDENT MAKE SURE TO OBTAIN THE FOLLOWING INFORMATION:
- Name of driver of other vehicle(s), address, telephone number,
driver's license number, vehicle identification number, name of
insurance company, and policy number;
- Names of passengers, including their address and phone number;
- Names of witnesses with address and phone number; and
- Names of the owner, if not the driver, including address, phone
number, insurance company, and policy number.
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WYLIELAW IS OFTEN ASKED (FAQ'S):
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HOW IS MY LAWYER PAID? WHAT IF I CAN'T
AFFORD A LAWYER?
Unlike most other lawyers, personal injury (accident) lawyers work
on a "contingency fee basis".
What that means is that the lawyer gets paid only if he or she collects
money for you. If the lawyer is successful, a percentage of the
settlement will go to the lawyer as a fee. On most accident cases,
the percentage will equal one-third (33%) of the net settlement
or judgment.
I SPOKE WITH A LAWYER WHO DIDN'T THINK
I HAD A CASE. SHOULD I GET A SECOND OPINION?
Absolutely! Not all lawyers will see a potential case in the same
way. You might have spoken to a lawyer not fully familiar with the
type of case you are presenting or your case is not "big enough"
for the firm you have contacted. If the first lawyer you contact
rejects your case, always seek a second, or even third opinion.
I WAS INJURED BUT I FEEL PARTLY AT FAULT.
DO I STILL HAVE A CLAIM?
Yes. Under New York's "comparative negligence" rules, you may still
have a good case even though you may have contributed to the accident.
The facts are very important. A lawyer may find, after investigating
the circumstances of your accident, that there was a party unknown
to you that caused the accident.
IT DOESN'T APPEAR THAT MY INJURIES ARE
SERIOUS ENOUGH FOR A LAWSUIT. SHOULD I SPEAK WITH A LAWYER ANYWAY?
Yes. An experienced personal injury lawyer is generally in a better
position than you to evaluate your injury. Some injuries that at
first appear to be minor can result in serious permanent damage.
As most lawyers offer a free consultation, it doesn't cost you anything
to get a lawyer's opinion. Additionally, in New York State, your
doctor's bills are automatically paid by 'no-fault' coverage. Therefore,
receiving treatment is a right that should be exercised in order
to understand the extent of damage your body has suffered.
AN INSURANCE COMPANY ADJUSTER WANTS TO
SETTLE DIRECTLY WITH ME AND SAYS I DON'T NEED A LAWYER. WHAT SHOULD
I DO?
Adjusters who work for insurance companies, no matter how sympathetic
they may seem, have one goal and only one goal in mind when they
offer to settle your case... to do it in the least amount of money
possible. What may sound like a fair or even great offer to you
could be significantly less than the settlement that an attorney
may be able to acquire on similar facts. Studies have shown accident
victims recover more money through the use of a lawyer even after
taking into account the attorney's fee. Always consult with a lawyer
before accepting any offer made to you by an insurance company adjuster.
WHAT IS NO-FAULT INSURANCE? OR WHO PAYS
MY DOCTOR BILLS?
New York has mandatory No-Fault Insurance that requires each vehicle's
insurance policy to pay for the medical services provided to the
vehicle's driver, the vehicle's passengers and any pedestrians injured
by the vehicle regardless of who caused the accident. The purpose
of these laws is to ensure that those injured in an automobile accident
have medical coverage without the need to bring a lawsuit. .
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