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Injured in an accident? We can help. From car accidents, workers’ comp claims, construction accidents to medical malpractice and police misconduct, we have you covered. Check out our blog for helpful tips and examples of claims, including many related to our blog in general.

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Who Is At Fault In A Rear-End Collision?

We’ve all been there – cruising down the road, enjoying our favorite tunes, when suddenly we’re jolted back to reality by a sudden stop. Whether it’s a traffic jam or an unexpected red light, these situations are never fun – especially if you find yourself on the receiving end of a rear-end collision. 

At that moment, as you assess the damage and exchange information with the other driver, one question inevitably comes to mind: who’s the at-fault driver here? It turns out this isn’t just a matter of curiosity; determining the negligent driver in rear-end collisions can have significant financial implications for both parties involved.

This is where the Levi Law Firm comes in to help out.

Your Top Car Accident Litigation Firm

Levi Law is a law firm that provides car accident litigation in Queens, NY.

When it comes to rear-end crashes, determining fault can be a complex process. You need the right team of auto accident lawyers on your side to ensure you receive fair compensation for damages.

That’s where Daniella Levi & Associates, commonly referred to as Levi Law, steps in as your top car accident litigation firm. Our dedicated personal injury lawyers have extensive experience and a professional approach in accident cases, as well as handling the insurance claim process involving all types of accidents, including rear-end car accident

At Daniella Levi & Associates, or Levi Law, we understand that being involved in an auto accident is not only emotionally challenging but also disruptive to your everyday life. We’re here to provide support and guidance throughout the entire legal process so that you can focus on healing while feeling confident that your case is being handled by personal injury attorneys who genuinely care about achieving the best possible outcome for you.

Don’t hesitate to reach out to our compassionate, knowledgeable auto accident lawyers at Levi Law today, and let us help you navigate this difficult time with ease and confidence.

Simply call (718) 380-7440 or check out www.levilawny.com today.

Determining Who Is The At-Fault Party

It’s not always as simple as pointing fingers when it comes to determining the driver liable in a rear-end collision. Sometimes, you need the help of skilled accident lawyers and an accident reconstruction expert to piece together the evidence, ensuring that justice is served fairly.

You’re certainly not alone on this journey; many others have found themselves in similar situations, seeking answers and resolution after such traumatic events.

By delving deeper into the case with the assistance of professionals who specialize in these matters, you’ll find yourself surrounded by a supportive community dedicated to unraveling the truth and helping you move forward from this unfortunate experience.

Factors To Consider When Determining Fault

Having established the general principles of determining who is at fault in a rear-end collision, it’s important to delve deeper into the specific factors that come into play when making this determination.

At Levi Law Firm, we understand that each case is unique and requires careful consideration of various aspects. To help you navigate through this complex process, here are five essential factors that can influence the outcome:

  1. Speed: Were both vehicles traveling within the speed limit? Excessive speeding by either party may contribute to establishing fault.
  2. Weather conditions: Rain, fog, or snow can affect visibility and road grip. How much did these elements impact the drivers’ ability to react?
  3. Vehicle maintenance: Was one vehicle poorly maintained with faulty brakes or worn-out tires? This could be an indication of negligence on the part of that driver.
  4. Traffic laws, signals, and signs: Did someone run a red light or ignore a stop sign, leading to the collision?
  5. Driver behavior: Was there any evidence of distracted driving (e.g., texting while driving) or aggressive maneuvers?

At Levi Law, we know how crucial it is for you to feel supported during this challenging time. We empathize with your situation and work tirelessly in understanding every aspect related to your case so as not only to guide you but also to stand beside you throughout this journey.

As we assess these critical factors together, rest assured that you will have a strong advocate working relentlessly towards achieving justice for your ordeal caused by a rear-end collision.

The Role Of Witnesses In Rear-End Collisions

Witnesses can play a crucial role in determining fault in rear-end collisions, as they may provide an unbiased account of what happened during the accident.

By gathering witness statements who saw the incident unfold firsthand, our team at Levi Law is better equipped to build a strong case on your behalf. This evidence helps us work with accident reconstruction experts to piece together the series of events that led up to the collision and identify any contributing factors or potential negligence by other parties involved.

Having witness testimony not only strengthens your claim but also provides invaluable support when negotiating with aggressive insurance companies who might try to downplay their client’s responsibility for the crash.

What Are The Potential Consequences Of Being Found At Fault In A Rear-End Collision?

Picture yourself being found at fault in a rear-end collision, and imagine the impact it could have on your life. This scenario is not just about dealing with vehicle repairs or increased insurance rates; there are more serious consequences that can arise from such an unfortunate event.

Being held responsible for a rear-end accident may result in:

  1. Loss of compensation: When you’re deemed at fault, you might find it challenging to receive compensation for any damages or injuries sustained during the accident. Hiring an experienced accident attorney becomes crucial in these situations to protect your rights.
  2. Lawsuits and legal costs: The other party involved in the collision may file a lawsuit against you seeking compensation for their medical expenses, lost wages, and pain and suffering. In return, this could lead to hefty financial burdens due to legal fees and potential settlement payouts.
  3. Damage to personal reputation: A sense of belonging within our community is essential for our mental well-being. Being labeled as ‘the one who caused an accident’ might damage your personal reputation among friends, family members, or even colleagues.

So next time you hear someone ask who’s at fault in a rear-end collision, remember that determining liability goes beyond fixing cars—it has real implications on individuals’ lives. Make sure you drive safely and responsibly to avoid finding yourself facing these dire consequences.

Benefits Of Working With A Car Accident Litigation Firm

Navigating the aftermath of a rear-end collision that wasn’t your fault can be an isolating experience, but you don’t have to go through it alone. By partnering with a car accident litigation firm, you’ll gain access to expert legal counsel and support that’s tailored specifically for cases like yours.

At Levi Law, we’re committed to helping each other out in times of need – and there’s no better time than after an accident where someone else is at fault. Our experienced attorneys will guide you every step of the way, offering valuable advice on how best to proceed with your case while ensuring maximum compensation for any damages or injuries sustained during the incident.

How Levi Law Can Help You After A Rear-End Collision

Assessing Liability

Imagine the shock and frustration you feel when your car is suddenly jolted by a rear-end collision, leaving you unsure of what to do next. At Levi Law, we understand how overwhelming this situation can be and we’re here to help you navigate through it with ease.

Assessing liability in a rear-end collision can seem daunting but our experienced team will stand beside you every step of the way. Together, we’ll thoroughly investigate all aspects of the incident to ensure that whoever is at fault is held accountable for their actions.

So don’t worry – by working with us, not only will you find a resolution after such an unfortunate event, but also regain confidence knowing that justice has been served.

Establishing Damages

But that’s not all we’re here for – at Levi Law, our expertise goes beyond just establishing liability. We’re also committed to making sure you receive the compensation you deserve by meticulously establishing damages after your rear-end collision.

As a leading car accident litigation firm, we understand what it takes to calculate and negotiate fair settlements based on various factors like medical expenses, lost wages, and even emotional distress caused by the accident.

Together with us, you’ll become part of an empowered community that demands justice and fairness in such trying times. So rest assured knowing that when you choose Levi Law, both your legal rights and personal well-being are in good hands.

Expert Representation

Imagine standing in the middle of a courtroom, feeling overwhelmed and alone after suffering from a rear-end collision. With Levi Law’s expert representation by your side, you’ll never have to face this nightmare on your own.

Our experienced attorneys understand the complex legal process involved in car accident cases and will fight passionately for your rights every step of the way. We’re not just here to represent you; we want you to feel like part of our family as we work tirelessly to get you the compensation and justice that you deserve.

Don’t let fear or uncertainty keep you from seeking help – when it comes to handling rear-end collisions, there’s no better choice than Levi Law for expert representation and peace of mind. Schedule an appointment by calling (718) 380-7440 or visit our website today.

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Is It Worth Getting An Attorney For A Car Accident?

Accidents can be traumatic experiences, causing physical and emotional harm as well as property damage and financial loss. You may be wondering if you need an attorney after a motor vehicle accident. It’s generally a good idea to seek legal consultation after being injured in a car accident, depending on several factors, including the severity of the accident, the extent of your injuries, and the complexity of your case.

An attorney may be able to help you after a car accident, especially if you’ve suffered serious injuries or significant property damage. An experienced car accident lawyer can help you navigate the legal process, deal with insurance companies, and negotiate a fair settlement on your behalf.

In this article, we’ll explore the reasons why it’s worth getting an attorney for a car accident and what a lawyer can do to help you.

How a Lawyer Can Help You…

An attorney can help you navigate the complex legal process, negotiate with insurance companies, and advocate for your rights. One of the most important things a lawyer will do is investigate the accident thoroughly. They will gather evidence, including photographs, witness statements, and police reports, to determine who was at fault for the accident and the extent of your damages. Your lawyer may also consult experts, such as accident reconstruction specialists, to build a strong case.

Your attorney will also help you calculate your damages, including medical expenses, lost wages, property damage, and pain and suffering. Your lawyer will use this information to negotiate a fair injury claim settlement with insurance companies, ensuring that you receive the compensation you deserve, even if that means taking your case to court. Filing insurance accident claims and negotiating with insurance adjusters is another crucial aspect of a car accident lawyer’s job. Insurance companies may try to deny or minimize your claim, but an experienced attorney will fight for your rights, ensuring that you receive the maximum amount of compensation possible.

If your case goes to trial, your attorney will prepare your case by gathering evidence, interviewing witnesses, and presenting your case in court. They will work tirelessly to build a strong case on your behalf and advocate for your rights in front of a judge and jury. Overall, hiring a car accident lawyer in Queens, NY, can significantly improve your chances of receiving fair compensation for your losses, allowing you to focus on your recovery while your lawyer handles the legal aspects of your case.

If you have had a motor vehicle related accident we invite you to contact our law firm at (718) 380-7440 or check out www.levilawny.com today.

What a Lawyer May Do for Your Case

Accident attorneys can help you navigate the complex legal process, negotiate with insurance companies, and advocate for your rights. If you decide to hire a car accident lawyer, here are some of the things they may do to help you with your case:

Legal Expertise

Car accident laws and regulations can be complex and vary from state to state. An experienced car accident lawyer can provide you with expert guidance on your legal rights and obligations, and help you navigate the legal process.

Investigate the Accident and Gather Evidence

One of the most important things a lawyer will do is investigate the accident thoroughly. They will gather evidence, including photographs, witness statements, and police reports. This investigation will help determine who was at fault for the accident and the extent of your damages. Your lawyer may also consult with experts, such as accident reconstruction specialists, to build a strong case.

Calculate Damages

Your attorney will also help you calculate your damages. This includes medical expenses, lost wages, property damage, assessing medical attention, and pain and suffering. Your lawyer will use this information to negotiate a fair settlement with insurance companies. They will ensure that you receive the compensation you deserve, even if that means taking your case to court.

File Insurance Claims

Dealing with insurance companies can be a frustrating and time-consuming process, especially if you’re trying to recover from injuries. A car accident lawyer can help you file accident claims, negotiate with insurance adjusters, and ensure that you receive fair compensation for your losses. Insurance companies may try to deny or minimize your claim, but an experienced personal injury attorney will fight for your rights. They will ensure that you receive the maximum amount of compensation possible.

Court Representation and Prepare Your Case for Trial

If your case goes to trial, your attorney will prepare your case by gathering evidence, interviewing witnesses, and presenting your case in court. They will work tirelessly to build a strong case on your behalf and advocate for your rights in front of a judge and jury.

Overall, hiring a car accident lawyer in Queens, NY can greatly improve your chances of receiving fair compensation for your losses. With an experienced attorney on your side, you can focus on your recovery while your lawyer handles the legal aspects of your case.

What Happens When an Accident Wasn’t Your Fault?

If you were involved in a car accident that wasn’t your fault, you may be entitled to compensation for your losses. In this case, it’s especially important to consult with an attorney who can help you navigate the legal process and ensure that you receive fair compensation from the liable party.

Your personal injury lawyer will investigate the accident to determine who was at fault and the extent of your damages. They will also help you file insurance claims and negotiate with insurance adjusters to ensure that you receive fair compensation.

Does a Police Report Say Who Was at Fault?

A police report is an important piece of evidence in a car accident case, but it doesn’t necessarily determine who was at fault for the accident. The police report will include information such as the date and time of the accident, the location, the names and contact information of the parties involved, and any witnesses to the accident. The report may also include a brief description of how the accident occurred.

While the police report can be useful in establishing the basic facts of the accident, it’s not always definitive in determining who was at fault. In many cases, fault will be determined based on other evidence, such as witness statements, photos of the accident scene, and medical costs and records.

It’s also worth noting that a police report can be challenged if it contains errors or inaccuracies. It is important to review the report with an experienced car accident attorney to identify any issues that might impact your case.

When Do You NOT Need an Auto Accident Attorney After an Accident?

While it’s generally a good idea to consult with an attorney after a car accident, there are some cases where you may not need legal representation. Here are a few situations where you may not need an attorney:

Minor Accidents

If you were involved in a minor accident or a fender bender with no injuries and minimal property damage, you might be able to handle the case on your own.

Clear Liability

If liability in the accident is clear and the damages are minimal, you may be able to negotiate a fair settlement with the insurance company without the help of an attorney.

Insurance Company Cooperation

If the insurance company is cooperative and offers you a fair settlement, you may not need to hire an attorney.

Peace of Mind: Is Hiring a Lawyer Worth the Investment?

Even in minor car accidents, having an attorney can be beneficial for accident victims. An attorney can help you navigate the legal process, including filing insurance claims and negotiating with insurance adjusters. They can also ensure that you receive maximum compensation for your losses, including medical care expenses and property damage. Additionally, an attorney can help protect your rights and advocate for you in case the other party involved in the accident decides to take legal action against you.

Frequently Asked Questions

Do you need a lawyer for a car accident?

If you’ve been involved in a car accident and are considering hiring an attorney, it’s important to choose the right legal consultation for your case. Look for an attorney with experience in car accident cases, a track record of success, and a good reputation in the legal community.

During your initial consultation, ask the attorney about their experience with car accident cases, their approach to handling cases, and their fees and costs. You should also ask about their communication style and how they plan to keep you updated on the progress of your case.

In conclusion, while it’s not always necessary to hire an attorney after a car accident, it’s generally a good idea to consult with a lawyer to help you navigate the legal process and ensure that you receive fair compensation for your losses. An experienced car accident lawyer can provide valuable guidance, negotiate with insurance companies, and represent you in court if necessary. If you’ve been involved in a car accident, don’t hesitate to reach out to a qualified attorney for help.

What are the qualities of the best car accident lawyer?

The best car accident lawyers have experience in car accident cases and accident lawsuits, a track record of success, good communication skills, and a client-focused approach.

What happens if you are at fault in a car accident in New York?

If you’re at fault in a car accident in New York, you may be held liable for damages to the other driver or their passengers, as well as any property damage.

Is New York a no-fault state?

Yes, New York is a no-fault state, which means that drivers must carry personal injury protection (PIP) insurance to cover their own medical expenses regardless of who was at fault in the accident.

What are most lawyer fees for a car accident?

Lawyer fees for a car accident can vary depending on the complexity of the case, but they typically range from 33% to 40% of the settlement or award.

How much to expect from a car accident settlement in New York?

The amount you can expect from a car accident settlement in New York depends on the severity of your injuries, the extent of property damage, and other factors such as lost wages and future medical expenses.

How many points is an at-fault car accident in New York?

An at-fault car accident in New York typically results in 3 to 4 points on your driving record. If a car accident wasn’t your fault in New York, it’s still a good idea to consult with a lawyer to ensure that you receive fair compensation for your losses.

Who pays for car damage in New York?

In New York, car damage is typically covered by the insurance of the at-fault driver. However, if you carry collision coverage on your own policy, your insurance company may pay for the repairs and then seek reimbursement from the at-fault driver’s insurer.

If you have been involved in a motor vehicle related accident, you can schedule a Free Consultation with our firm by calling (718) 380-7440 or by visiting the contact us page of our website.

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You Fell On A Public Staircase Without A Handrail

In Queens, You Fell On A Public Staircase Without A Handrail. Who is Liable, and Do You Have A Case?

Queens is a city full of subways and high-rise buildings. So you can imagine the plethora of staircases one might encounter in a city that big. Such a busy city is bound to have structural deficiencies, such as missing handrails in the stairwell. If you fell on a staircase without a handrail in Queens and suffered injuries, you may have a legal case against the property owner or manager. However, to have a successful claim, you must establish that the property owner or manager was negligent in maintaining the staircase and that this negligence caused your injuries. This blog post will explore the legal concepts of negligence and premises liability to determine who may be responsible for your damages and the potential lawsuit outcome.

What Is Negligence?

Negligence is a legal concept that refers to the failure of an individual or entity to exercise reasonable care and caution, resulting in harm to another person. For example, in the context of a fall on a public staircase without a handrail, negligence could be established if it can be shown that the property owner or manager knew or should have known about the dangerous condition of the staircase and failed to take steps to address it.

Premise Liability

Premises liability in Queens is negligence that applies to property owners and managers. It holds them responsible for maintaining a safe environment for visitors, including ensuring that the property is free of hazards that could cause injury. For example, in the case of a public staircase without a handrail, the property owner or manager may be held liable for your damages if it can be shown that they knew or should have known about the lack of a handrail and failed to take steps to address it.

Who is Liable?

If the fall was caused by the property owner’s or manager’s negligence, you might have grounds for a personal injury claim. However, it is always best to consult a personal injury lawyer to understand your rights and options. To build a strong case, you will need to gather evidence to support your claim. This can include photos or videos of the staircase, witness statements, and any documentation of your injuries, such as medical records or bills. You should also keep track of any costs associated with your injuries, such as medical expenses or lost wages.

In some cases, other parties may also be liable for an accident on a staircase in a public building. For example, the architect or contractor who designed or built the staircase may be liable if the staircase was not adequately designed or constructed. Similarly, the company or individual responsible for maintenance may be liable if the staircase was not properly maintained or repaired.

Statute of Limitations

It’s also important to know the statute of limitations for personal injury cases in New York City. In New York, you must file a lawsuit three years from the accident date. If you wait longer than this, you may be allowed to bring a claim.

Suppose you can establish negligence and prove that your injuries were caused by the property owner or manager’s failure to provide a safe environment. In that case, you may be entitled to compensation for your injuries and related expenses, such as medical bills and lost wages. If you have a case, it’s a good idea to speak with an experienced personal injury attorney in New York City. An attorney can review the details of your case and advise you on the best course of action. They can also help you gather the necessary evidence and build a strong case on your behalf.

In conclusion, whether you have a case or not will depend on the evidence you can provide to show that the property owner or manager knew or should have known about the dangerous condition of the staircase and failed to take steps to address it. If you can establish negligence and prove that the lack of a handrail caused your injuries, you may be entitled to compensation for your injuries and any related expenses. It’s important to consult a personal injury attorney to help you navigate the legal process and determine the best course of action.

About Daniella Levi & Associates P.C.

After a serious accident, many people desperately need the financial support that comes from a successful result of their injury claim. To ensure you have the best chance at obtaining the compensation you deserve, your lawyer should be just as invested in your case as you are.

We strongly believe in upholding accident victims’ rights at Daniella Levi & Associates, P.C., headquartered in New York City. We are dedicated advocates for our clients, fighting and using every available resource to obtain the compensation they deserve.

Most accident attorneys know the law, and many have a fair amount of experience. While both of these characteristics are important in a lawyer, they constitute only a part of what it takes to ensure a good experience.

At our law firm, we provide personal attention from a team of dedicated professionals, aggressive advocacy, open communication and caring guidance. We know how stressful it can be to seek legal advice while facing severe physical and financial challenges. We do what it takes to carry the burden for you.

Daniella Levi & Associates P.C. has 3 Locations in NYC: Levi Law Queens | Levi Law The Bronx | Levi Law Mineola

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What is the Difference Between Premises Liability and Personal Liability?

What is the Difference Between Premises Liability and Personal Liability in NYC?

When you experience injury away from home, it can be confusing to understand the difference between premises and personal liability when filing a claim and pursuing compensation.  Each case, put, depends upon who was responsible for the accident.

Premises liability pertains to injuries or damages which occur on another person’s property or business due to unsafe conditions.  There is an implicit premise in the law that states that property owners, managers, or occupiers must “exercise ordinary care in keeping the premises and approaches safe.”  Failure to do so, resulting in the injury of another, is the responsibility of that same owner, manager, or occupier, leaving them responsible for the expenses relative to the injury.

Premises liability accidents often occur at locations including:

  • Retail stores
  • Grocery stores
  • Shopping malls
  • Big box stores
  • Restaurants
  • Sports venues
  • Private residences

Premises liability claims frequently result from slips and fall on wet floors, wrinkled carpets, cracked sidewalks or pitted parking lots, cluttered walkways, or negligence.  If, for example, you slipped and fell due to water on the floor in the produce department at your local grocery store, any injuries you may suffer are the responsibility of the store due to the store and their employees’ negligence.

It is important to note that property owners and businesses are not always responsible for accidents.  Property owners and employees must be careful to maintain an implied duty of care or they may be held liable for damages due to:

  • Spills, breakages, outages, and hazards on their property
  • Dangerous conditions and endangering situations left unrepaired beyond a reasonable amount of time
  • A failure to post adequate signage warning patrons, customers, and the public at large for perilous conditions under construction or repair
  • A complete lack of due diligence to avoid accidents or damage to others

By contrast, personal liability claims refer to the actions of an individual and pertain to a personal fault.  Whenever someone personally does something negligent that causes harm to another person, the result is a personal liability claim.  This is not to say it is relative to one individual, per se; a person, company, or government agency could be at fault for a personal liability injury.

Additionally, personal liability occurs when someone else’s possession(s) is harmed by the action(s) of another.  For example, to avoid colliding with a bicyclist on the sidewalk, you collide instead with a picket fence, knocking a few pickets out of place.  Although unintentional, you are personally liable to the homeowner for the damage to their fence.

The establishment of both of these forms of liability can be tricky.  Each individual is responsible for exercising carefulness.  Even so, accidents do happen.  When they do, having proper legal representation is vital to a successful compensatory outcome.  In New York, you need to look no further than Daniella Levi & Associates, P.C.

If you were injured, you would likely experience personal and financial losses like:

  • Property damage
  • Medical Bills
  • Medication and after-care services
  • Loss of income & earning ability
  • Diminished enjoyment of life
  • Pain & Suffering

Parsing out whose actions caused your injuries and losses can be lengthy, costly, and extremely confusing.  Insurance companies and fault are murky waters to navigate on your own.

In New York, you can gain clarity and a timely settlement with the help of the legal experts at Daniella Levi & Associates, P.C.

Our qualified staff will provide you with the expertise and experience necessary to establish your case, the circumstances surrounding it successfully, and a winning outcome encompassing all elements of your claim with consideration for now and in your future.  We specialize in both premises and personal injury, and we are prepared to stay the course to win you the compensation you deserve.  Call us today for a free, in-person consultation.

About Daniella Levi & Associates P.C.

After a serious accident, many people desperately need the financial support that comes from a successful result of their injury claim. To ensure you have the best chance at obtaining the compensation you deserve, your lawyer should be just as invested in your case as you are.

We strongly believe in upholding accident victims’ rights at Daniella Levi & Associates, P.C., headquartered in New York City. We are dedicated advocates for our clients, fighting and using every available resource to obtain the compensation they deserve.

Most accident attorneys know the law, and many have a fair amount of experience. While both of these characteristics are important in a lawyer, they constitute only a part of what it takes to ensure a good experience.

At our law firm, we provide personal attention from a team of dedicated professionals, aggressive advocacy, open communication and caring guidance. We know how stressful it can be to seek legal advice while facing severe physical and financial challenges. We do what it takes to carry the burden for you.

Daniella Levi & Associates P.C. has 3 Locations in NYC: Levi Law Queens | Levi Law The Bronx | Levi Law Mineola

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How Likely Are You To Win A Malpractice Lawsuit?

How Likely Are You To Win A Malpractice Lawsuit in NYC?

As a New York City attorney, I often get asked about the likelihood of winning a medical malpractice lawsuit. Medical malpractice cases can be complex and challenging, and the outcome of a case depends on several factors, including the strength of the evidence and the skill of the attorneys involved. So here’s a closer look at how likely you are to win a medical malpractice lawsuit in New York City.

First things first, if you’re going to win a malpractice suit,  it is important to understand the legal standard for medical malpractice in New York. To prove malpractice, a plaintiff must demonstrate that the healthcare provider failed to adhere to the standard of care, which is the level of skill and knowledge that a reasonable doctor and/or hospital (“healthcare provide”) would exercise in the same or similar circumstances. The plaintiff must also show that this failure caused them harm.

Evidence

One key factor in determining the likelihood of success in a medical malpractice case is the availability and strength of evidence. You must also prove that the healthcare provider’s actions or inactions caused your injury. This may include medical records, expert witness testimony, and other evidence demonstrating the healthcare provider’s failure to adhere to the standard of care. With solid evidence, it can be easier to prove that the provider’s actions were negligent and caused harm to the plaintiff.

Damages

To win a medical malpractice lawsuit, you must also be able to prove that you suffered damages as a result of the healthcare provider’s negligence. This could include physical injury, emotional distress, lost wages, and other costs associated with your injury.

Experienced Attorneys and Expert Testimonies

Another critical factor is the skill and experience of the attorneys involved. Medical malpractice lawsuits can be complex and time-consuming. Therefore, it is essential to have attorneys with the knowledge and expertise to navigate the legal system and present a convincing case effectively. A well-prepared and experienced attorney can help to build a strong case and increase the chances of a successful outcome. In addition to having a well-versed attorney, testimonies from an expert in the field would also do an excellent service in helping win a malpractice suit in NYC. Medical malpractice cases often require expert testimony to establish the standard of care and to prove that the healthcare provider was negligent. This can include testimony from medical experts and other healthcare professionals who can provide insight into the appropriate level of care and how the healthcare provider’s actions or inactions fell short.

Statute of Limitations

It’s essential to be aware of the statute of limitations for medical malpractice cases in New York City. In New York, you have two and a half years from the date of the alleged malpractice to file a lawsuit. If you wait longer than this, you may be allowed to bring a claim.

Court and Jury

Additionally, the court and the jury also play a role in determining the outcome of a medical malpractice case. The judge and jury will weigh the evidence presented by both sides and decide based on their interpretation of the facts. The jury’s decision in medical malpractice cases is often based on their beliefs, values, and experiences. It is also important to note that the jury can award damages even if the plaintiff’s attorney doesn’t prove the case, but the jury believes the defendant is liable.

Time and Money

It’s also worth noting that medical malpractice lawsuits can be costly and time-consuming. This can deter some plaintiffs, as lawsuit costs may outweigh the potential benefits. Additionally, even if a plaintiff wins a medical malpractice lawsuit, the damages awarded may not fully compensate for the harm suffered.

Overall, the likelihood of winning a medical malpractice lawsuit in New York City depends on several factors, including your ability to establish negligence, prove causation, demonstrate damages, the skill and experience of the attorneys involved, the court and the jury, and the cost and time involved in the process. Therefore, it is important for plaintiffs to carefully consider these factors before pursuing a medical malpractice lawsuit and to have a well-prepared and experienced attorney who can help you navigate the legal process and build a strong case on your behalf.

About Daniella Levi & Associates P.C.

After a serious accident, many people desperately need the financial support that comes from a successful result of their injury claim. To ensure you have the best chance at obtaining the compensation you deserve, your lawyer should be just as invested in your case as you are.

We strongly believe in upholding accident victims’ rights at Daniella Levi & Associates, P.C., headquartered in New York City. We are dedicated advocates for our clients, fighting and using every available resource to obtain the compensation they deserve.

Most accident attorneys know the law, and many have a fair amount of experience. While both of these characteristics are important in a lawyer, they constitute only a part of what it takes to ensure a good experience.

At our law firm, we provide personal attention from a team of dedicated professionals, aggressive advocacy, open communication and caring guidance. We know how stressful it can be to seek legal advice while facing severe physical and financial challenges. We do what it takes to carry the burden for you.

Daniella Levi & Associates P.C. has 3 Locations in NYC: Levi Law Queens | Levi Law The Bronx | Levi Law Mineola

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What You Need To Know About Back and Neck Injuries

What You Need To Know About Back and Neck Injuries in Accidents

Back and neck injuries, whether from a car accident, slip, and fall, or work-related incidents, are common. They can be severe and often have long-lasting effects on an individual’s quality of life. These injuries range from minor strains and sprains to more severe conditions such as herniated discs and spinal cord injuries. The legal remedies available to you resulting from back and neck injuries can be complex, and understanding your rights and options is crucial if you have been injured.

The first step in determining the legal remedies available due to a back or neck injury is understanding the concept of negligence. Negligence is a legal term that refers to the failure of an individual or entity to exercise reasonable care, resulting in harm to another person. In the context of back and neck injuries, negligence may occur when an individual or entity fails to take appropriate safety measures to prevent injuries, such as providing proper training or equipment or failing to maintain a safe working environment.

Many neck and back injuries range from sprains and strains to severe injuries such as herniated discs and fractures. The severity of the damage and the appropriate treatment will depend on the specific type of injury. Therefore, it’s essential to seek medical attention as soon as possible after an injury to ensure that you receive the appropriate treatment and to document the extent of your injuries.

You may be entitled to compensation for your injuries if you have been injured due to negligence. This may include medical expenses, lost wages, and pain and suffering. To pursue a negligence claim, you must prove that the individual or entity had a duty to exercise reasonable care, that they failed, and that this failure caused your injuries. It would be best to look for an experienced personal injury attorney. Here in New York City, you can visit us at Levi Law and we would be happy to review and assemble any materials that could help you build a stronger case.

Another legal concept relevant to back and neck injuries is the doctrine of strict liability. This doctrine applies to situations where an individual or entity is held liable for injuries caused by a defect in a product, even if they were not negligent. For example, suppose you were injured due to a defect in equipment or machinery. In that case, you may pursue a claim against the manufacturer under the doctrine of strict liability. You should speak with an experienced personal injury attorney to help determine where the liability falls.

Workers’ compensation is also a legal option for those injured. Workers’ compensation is a system that benefits employees who are injured or become ill due to their job. These benefits may include medical expenses, lost wages, and disability payments. To qualify for workers’ compensation, you must prove that your injury or illness is work-related.

Personal injury protection (PIP) insurance may sometimes cover back and neck injuries. PIP insurance is a type of auto insurance that covers medical expenses and lost wages in the event of an accident. You could pursue a claim under your PIP insurance policy if you were injured in a car accident.

In addition to the above legal options, you may also be able to pursue a claim under a disability insurance policy. Disability insurance policies benefit individuals who cannot work due to an injury or illness. For example, if you have been disabled as a result of a back or neck injury, you may be able to receive benefits under your disability insurance policy.

It’s important to note that the laws regarding back and neck injuries vary by state. Therefore, it’s recommended to consult with an attorney who specializes in personal injury law and is familiar with your state’s laws. An attorney can help you understand your rights and options and guide the best action for your situation.

In conclusion, back and neck injuries can significantly impact an individual’s quality of life. The legal remedies available to redress back and neck injuries can be complex, but various legal options are available for those injured. These include negligence claims, strict liability, workers’ compensation, PIP, and disability insurance. Therefore, it’s important to consult with an attorney familiar with your state’s laws to understand your rights and options.

About Daniella Levi & Associates P.C.

After a serious accident, many people desperately need the financial support that comes from a successful result of their injury claim. To ensure you have the best chance at obtaining the compensation you deserve, your lawyer should be just as invested in your case as you are.

We strongly believe in upholding accident victims’ rights at Daniella Levi & Associates, P.C., headquartered in New York City. We are dedicated advocates for our clients, fighting and using every available resource to obtain the compensation they deserve.

Most accident attorneys know the law, and many have a fair amount of experience. While both of these characteristics are important in a lawyer, they constitute only a part of what it takes to ensure a good experience.

At our law firm, we provide personal attention from a team of dedicated professionals, aggressive advocacy, open communication and caring guidance. We know how stressful it can be to seek legal advice while facing severe physical and financial challenges. We do what it takes to carry the burden for you.

Daniella Levi & Associates P.C. has 3 Locations in NYC: Levi Law Queens | Levi Law The Bronx | Levi Law Mineola

For all correspondence, please use the Queens office address.

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