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Medical Malpractice – When Should I Hire an Attorney?

When a patient suffers an injury due to an error on the part of a hospital, doctor, or other licensed health-care professional, this negligence is classified as medical malpractice. These mistakes and missteps may take shape as diagnostic blunders, inaccurate treatment of a condition or disease, incompetence or carelessness in continuing health management, or neglectful attention in aftercare.

It is important to note that an unfavorable outcome is not enough to establish medical malpractice, however. Did the doctor or facility fail to provide appropriate and acceptable medical care to their patient? Is there sufficient evidence to support that malpractice was committed as a result of their neglect or incompetence? Was there a professional medical relationship expectation that existed between the injured party and the offending party(s) that was breached? Is there any corroborating testimony or proof that will affirm in court that malpractice was committed and a substantial factor in causing the patient’s injuries?

Medical malpractice can present in several ways. These may include a failure to diagnose serious illnesses or conditions (including cancer), thereby misdiagnosing and/or failing to order proper testing, mistakes made during a surgical procedure, misreading diagnostic imagery including x-rays, MRI/CT scans, mammograms, PAP smears, etc., misappropriation or outright errors in dispensing prescriptions, and premature discharging of patients in their care. If you or a loved one have experienced any of these events, you may wish to consult a personal injury attorney with Daniella Levi & Associates, P.C.
In order to establish liability in a medical malpractice case, it is imperative to prove that a doctor or other health care provider deviated from the usual and customary standard of care and that this deviation from the standard of care directly resulted in causing harm to the patient. Doing so on your own can prove difficult, time-consuming, and expensive. Doctors and hospitals have well-established insurance companies who specialize in deflecting and annihilating malpractice suits. Having proper legal representation is your only recourse to ensure that your case is comprehensively established and defended against them.

New York has a statute of limitations of 2 1/2 years involving medical malpractice cases. Other negligence cases have a statute of limitations of 3 years. Sadly, many people do not even know that malpractice was committed until after the statute of limitations has expired. Your dedicated team at Daniella Levi & Associates P.C. understands that there are certain exceptions that may extend this time due to extenuating circumstances, and we know how to fight for those considerations to your benefit. Finally, we will exhaustively represent your best interest in consideration of the long-term effects that medical malpractice will have on your livelihood, income, quality of life, and well-being.

If you or your loved one has been the victim of medical malpractice resulting in continued or serious injury, contact Daniella Levi & Associates, P.C. for a professional evaluation of your case. Your first visit will be free, as we analyze the facts of your claim. It is our specialty to investigate the circumstances surrounding medical malpractice, negotiate with the other party’s insurance company, and ensure that you receive the compensation – including pain and suffering – that you deserve. Give us a call today.

About Daniella Levi & Associates P.C.

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

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

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

lawyer and paralegal discussing construction accident case

What is a Personal Injury Case?

A personal injury is caused when a person suffers physical or emotional damage from either an intentional tort or an unintentional tort. These can range from vehicle accidents, slip and fall incidents, dog bites, and workplace accidents, to medical malpractice. In legal terms, “tort” simply means a wrongful act in which injury is inflicted on another. The party that committed the tort is called the “tortfeasor”.

Unintentional torts are the result of the negligence-the failure of a party to act in a way that could have prevented the damage caused. Examples of negligence are when a physician is careless when performing a medical procedure that results in complications or car accidents caused by drunk drivers. Intentional torts, as the name suggests, are when torts are committed on purpose. They consist of acts such as assault, trespassing, false imprisonment, and fraud.

If negligence is established in a personal injury case, then the defendant must pay for the damages they inflicted. Included in this calculation could be medical bills, property damage, or the wages that the person affected could not earn due to their injury. Punitive damages are also available. These are monetary charges used to punish the defendant and to deter them from committing the act again. However, a common argument made is “assumption of risk” which is when a person knows the risks involved in an activity but chooses to proceed, regardless of their knowledge.

Personal injury cases can often be confusing and there are a lot of steps needed to be taken to ensure that the proper evidence is collected to prove or disprove the case. Whether you are the plaintiff or the defendant, it is important to get an attorney to ensure the proper handling of your case.

5 Misconceptions About Personal Injury Cases

Now that you’ve learned a few basic legal terms used in Personal Injury law in a previous post, Daniella Levi, Esq. will help dispel five common misconceptions of personal injury cases.

1) Compensation is guaranteed for losses resulting from a personal injury.

Compensation is not guaranteed. Unfortunately, not everyone that suffers an injury is entitled to financial compensation. Whether an injured person is entitled to compensation will be based on whether there is a liable party (liability), the extent of the injuries (damages), and available insurance coverage. The legal fee is contingency-based and we only get paid when our client is compensated.

2) A personal injury lawsuit can be filed at any time.

A personal injury lawsuit cannot be filed at any time. There are strict statutes of limitations deadlines that may prevent a meritorious claim from being filed if it is not timely-that is why it’s critically important to consult with an attorney as soon as possible after an injury has occurred. Being knowledgeable and informed is the first step in achieving the desired results

3) Personal injury lawsuits are often decided in court.

Sometimes, however, frequently, cases are resolved through a settlement, either in the claims stage or during the pendency of the litigation. A settlement can be negotiated at any time before a jury verdict, each case is different and the particular facts and circumstances of the case will contribute to and influence the timing of a resolution (liability, damages, parties, insurance carriers, adjusters, lawyers, etc).

4) Personal Injury lawsuits are a long and drawn-out process.

They could be long. Again, each case has its own particular fact pattern, like a person’s DNA, each is different and the time it takes for resolution varies. Also, once the case is in the court system, often the courts will determine the timing of certain parts of the case.

5) If a person is partly at fault for causing his/her own injury, they are is not entitled to any money.

Sometimes, even if a person is partly responsible for their own injury, they may be entitled to compensation from the defendant who is also responsible. There can be more than one proximate cause for an accident. Once percentages are assigned by a jury (part to the plaintiff, the person bringing the lawsuit, and part to the defendant, the person defending the suit), the compensation awarded will be accordingly divided. (for example, if a jury decides that a plaintiff is 40% responsible for his own injury and the defendant is 60% responsible and further that the damages are 100,000.00, then the plaintiff will only collect $60,000.00)

If you want to file a personal injury suit or want to consult with a well-experienced attorney, call us for a FREE consultation at (718)-380-1010.

About Daniella Levi & Associates P.C.

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

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

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

worker hurt while on the job

Premise Liability Slip and Fall

Premises liability in New York deals with unsafe property conditions due to the owner’s lack of maintenance or care, resulting in injury to someone who enters the property. In a premises liability case, such as slip-and-fall, the injured party may need to supply proof that the property owner is liable. The first step involves the injured party proving he or she was legally on the property. The second step in a premises liability claim is proving that the owner failed to fix or block off danger on the property that a reasonable person would recognize.

If someone is injured while legally on someone’s property and the property is dangerous in some way in which the owner is aware but did not warn the guest or fix the problem, the owner is liable. Generally, this is if the owner permitted access to the property. For instance, if an object goes into someone’s yard, which is locked with warnings to stay out, and the owner allows the object’s owner to retrieve it, the property owner is granted entrance. If a dog waits inside the fence and the object’s owner is bitten, the property owner is liable.

If a worker is injured due to dangers on a property known to the owner, the property owner is responsible. If someone trespasses and is unknown to the owner, the owner may not be liable for injuries that the trespasser suffered. The exception to this is if there is a danger on the property that the property owner knows would attract children, such as an unfenced pool.

An attorney could help someone prove that their injury was due to an owner’s negligence by reviewing the circumstances surrounding the incident. The attorney may file a personal injury claim to help the individual recover financial damages from medical care and time lost at work.

What you should know about slip-and-falls

Most people fall at least once in a while. At times, falls happen when a person isn’t paying attention to the environment around them and as a result, they lose their footing. Some falls happen to people who have a medical condition that affects their concentration or balance. Most of the time falls that happen for these reasons do not qualify for slip and fall personal injury insurance claims. However, if the reason for your fall can be directly connected to some mismanagement of property by the property owner, it is possible that you will be able to gain compensation for your injuries.

Deciding Whether Your Fall Is Your Fault

Before you file a personal injury case against a property owner, it is important to go through the details of your accident in order to determine whether you should have reasonably been able to avoid the fall. Slip-and-fall accidents aren’t limited to people who slip on some surface, such as an icy sidewalk or wet floor in a shopping mall. Other causes may include broken floor tiles, uneven sidewalks, potholes, objects on stairs, lighting lower than expected, and more.

Reasonable Expectations

If the accident happened at least partly because of your own carelessness or clumsiness, there is a good chance that the court and/or insurance company will base compensation on a certain level of comparative negligence. People are generally expected to conduct themselves in a way that will mostly keep them safe. If you tripped on an uneven sidewalk and sustained injuries from the fall in part because you were reading text messages on your phone, fault will likely be determined based partly on your own inattention and the property owner responsible for that particular patch of sidewalk. As a person walking, you should reasonably be able to expect the sidewalk to be relatively smooth, but you should also be expected to watch where you are walking.

Rules Of Negligence

Whether a person is eligible to make a claim, basic rules of negligence need to be looked at and the claimant needs to show that the property owner had the power to prevent the accident by being more attentive to the condition of their property. Some things you need to prove are:

  • The property owner or manager either knew about a hazard, or should have known, and did not take steps to correct the issue
  • The property owner or manager could have prevented the accident, but did not
  • Someone else put in a similar situation would likely suffer injuries as well

Framing A Claim Or Lawsuit

If it is determined that a slip-and-fall lawsuit is plausible, the claimant (person who fell) and their attorney need to identify who should be held responsible and prepare their case as to why. While this may be the property owner, it may also be a landlord or business order or an employee or tenant. If you’ve been injured in a slip and fall accident in the New York City area, an experienced Accident Attorney can discuss the circumstances of that accident and help you determine whether pursuing a lawsuit is the best course of action for your situation.

About Daniella Levi & Associates P.C.

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

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

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

uber acident lawyer daniella levi & associates, p.c.

Claim for a Passenger in an Uber Accident

I Was the Passenger in an Uber Accident. Do I Have A Claim?

Ridesharing is on the rise – all the convenience with none of the responsibility!  But accidents happen, and when they do, do you really have NO responsibility if you’re the passenger in an Uber vehicle?  The answer is YES*.  Because the passenger is not in control of the vehicle, any accident that Uber may experience is not the passenger’s fault.  [Whether the accident is the fault of the Uber driver or another party, any expenses that exceed the compensatory amount would be the responsibility of the at-fault driver.]  While this gives great peace of mind to Uber consumers, the consequences of accidents during these rides can be anything other than peaceful, and the results of them can have devastating lasting effects.

Just as with any accident, the first and most important thing to do is seek medical attention.  Often, injuries sustained in an automobile accident present hours, days, or even weeks following the accident itself.  By then, the damage could well have been diminished or completely alleviated if it had only been immediately addressed.  Additionally, injuries resulting from a traffic accident can seriously impede your ability to function in your daily tasks – work, home life, school, and recreation.  Receiving medical assistance will ensure your best medical outcome.

If there were eyewitnesses, other drivers, or passengers who observed the collision, their testimonies could be invaluable in proving your case.  If you are able, take photographs of the scene of the accident; ask those nearby to do so if you are unable.  Photos of the area from the time and place of the event, evidence of the conditions at the time of impact such as traffic congestion, time of day, already-existing accidents in the immediate area – any information you can collect can be helpful in contributing to the successful outcome of your Uber accident lawsuit.

Your next phone call should be to Daniella Levi and Associates, P.C.  Automobile accidents, including those involving an Uber, are often the result of negligence on the part of either another motorist or your Uber driver.  Regardless of the at-fault party, the outcome is clear:  the negligent party did not drive safely and responsibly.  It is for this reason that you may be entitled to seek compensation for damages.  Our dedicated team of legal professionals will communicate with your medical staff, the insurance companies, Uber, and any other parties involved to resolve your case in a timely and uncomplicated manner, garnering you the compensation you deserve.  We take into consideration the long-term ramifications of auto injuries and their effects on your work life, home life, and earning ability, and we fight on your behalf to recover damages which could include:

  • Pain and suffering
  • Medical bills and expenses
  • Emergency services and transportation
  • Hospitalization and rehabilitative care
  • Permanent disfigurement or disability
  • Lost wages or employment benefits
  • Diminished earning capability
  • Property damages
  • Wrongful death

Dealing with car insurance companies can be confusing and overwhelming.  Rideshare companies have complex and intricate insurance coverages designed to address every aspect of accident liability coverage.  This coverage requirement is $1 million for eligible pedestrians, passengers, motorists, motorcycle riders, and bicyclists.  The stipulation to this – for passengers – is that they must first submit a claim to their own personal injury protection insurance.  These personal insurance policies typically cover medical expense reimbursement at 80%, up to $10,000.00, barring any restrictions.  The remaining 20% does not take into account extended medical expenses, pain & suffering, or employment losses (like lost wages), and would then be submitted to the insurance company of the at-fault driver or Uber.  Passengers may be entitled to award damages, should they exceed the coverage of these policies.

Do I Have A Claim if I Was the Passenger in an Uber Accident?

Navigating the muddy waters of all of these policies through to complete clarity is what we do best.  While the sole pursuit of insurance companies is quick, low-cost settlement, seldom are these settlements in the best interest of those injured.  At Daniella Levi and Associates, P.C., we’re available to you 24 hours a day, 7 days a week.  If you are unable to come to us, we’ll come to you, whether at home or the hospital – whatever is convenient for you.

If you or a family member have been an injured passenger in an Uber automobile accident and are looking for fair, honest, and aggressive representation, Daniella Levi and her team will ensure that you are painstakingly represented.  We will make certain that you receive the full compensation you deserve.  You pay nothing upfront, and before we take your case we will provide a free, thorough, no-obligation consultation.  Our fee is only collected after you and your family have been awarded the compensation you deserve.  If you are an injured passenger following an Uber accident, Daniella Levi and Associates, P.C. can help you.  Call us today.

*Currently there is no legal precedent set for accident lawsuits caused by interference or disruption due to unruly, intoxicated, or otherwise impaired passengers.

About Daniella Levi & Associates P.C.

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

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

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

i was stuck in an elevator for hours! can i sue the business daniella levi & associates p.c.

Can You Sue for Being Stuck in an Elevator in NYC?

I Was Stuck in an Elevator in Queens for Hours! Can I Sue the Business?

A stuck-in-an-elevator lawsuit is possible, and you can sue the elevator manufacturer, the maintenance company, or the building owner for negligence and emotional distress if you were stuck in an elevator. This type of litigation would be considered a personal injury and you may be able to receive compensation for any medical bills, lost income, or emotional stress.

In many elevator lawsuits, the elevator manufacturer, the elevator maintenance company, or the building owner may all be sued for negligent infliction of emotional distress. To win such a claim, victims will have to show:

  • Duty — The defendant owed some kind of duty, usually the duty to maintain, to the victim.
  • Breach — The defendant failed to do his duty. Usually, this means the manufacturer created a dangerous and unsafe elevator, or the maintenance company failed to make necessary repairs.
  • Causation — The elevator’s malfunction caused the victim’s injuries.
  • Damages — The victim suffered harm, such as mental distress, and damages.

Usually, the question of damages is the hardest to prove. To get damages for emotional distress, courts often require the distress to be connected to or manifested as some kind of physical injury. So, unless you suffered an injury such as a broken bone when the elevator dropped abruptly, or an ulcer caused by stress and fear, you may not be able to win any compensation.

If the elevator incident resulted in the death of someone, that would typically be covered under a wrongful death claim, and several factors will need to be investigated. Was there someone responsible for the accident that could have been prevented? Was the duty or negligence the responsibility of the business, owner, or manufacturer? These are all different factors than just being stuck for several hours.

We don’t diminish the effect that being trapped in an elevator can have on someone, while some people will consider it a minor inconvenience, there are people who will no doubt suffer a level of stress and anxiety that was brought on by the event. If you can show that being stuck caused mental anguish that was not previously there prior to the time trapped then we may potentially have a case.

It’s important to have documentation of not only your mental state prior but how this had affected you since the time you were stuck. Has this affected your work? Your relationships? How has traveling and visiting businesses been different for you? Do you have anything to help support that you have been unable to effectively cope with the undue mental stress that was placed upon you as a result of the incident where you were stuck in an elevator for hours?

We welcome you to share your experience with us and are dedicated to helping you uncover who is ultimately responsible for the elevator event, how can it have been prevented, and how you can overcome the burden that was placed on you through the ordeal.

If you’re ever injured after being stuck in an elevator, consult an experienced personal injury attorney like Daniella Levi & Associates P.C. for help.

About Daniella Levi & Associates P.C.

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

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

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

mortorcycle accident lawyer daniella levi and associates

I Had a Motorcycle Accident – What Should I Do?

What Should I Do After An Motorcycle Accident?

As the weather warms up and the world opens back up again, there is a measurable increase in motorcycle-related accidents throughout the state of New York.

According to the Institute for Traffic Safety Management and Research located at the University at Albany’s Rockefeller College, the number of people killed in fatal motorcycle crashes rose 53 percent from 2019 through 2021.  While the final numbers for the last year are not complete, the same report recorded that 204 people were killed in 198 crashes involving motorcycles last year.  By comparison, in 2019, 133 people were killed in 132 crashes*.

Nearly 90,000 people are injured in motorcycle accidents yearly.  These accidents are traumatic and can have lasting physical, financial, emotional, and psychological effects on those involved.  The risks involved with riding a motorcycle daily are exponentially higher than those for drivers and passengers in other motor vehicles.  Open exposure to the elements, road conditions, distracted drivers, and unexpected road hazards all contribute to the precariousness of time spent on the road.  While drivers in cars and trucks are safeguarded by safety restraints, airbags, and framework, motorcyclists are not nearly as protected.  This vulnerability can result in painful injuries, expensive vehicle repairs, time lost from work, emotional damages, catastrophic injuries with substantial medical expenses – and death.

The time immediately following a motorcycle accident can be muddled and confusing.  Insurance companies may make hasty offers based on their perception of liability, which seldom benefits the motorcyclist.  Serious physical injury sidelines work and daily life riders with little understanding of anticipated recovery time and return to activity.  Losses of both the motorcycle and the rider’s protective gear add up quickly, and repair to the motorcycle can be both slow and outrageously expensive.

Hire a Lawyer After a Motorcycle Accident

The experienced, professional legal team at Daniella Levi & Associates will help you.  You are our main concern, and our immediate focus will be on your physical and medical wellbeing.  We will assist and support you through communication with medical professionals, hospitals, and insurance companies.  When necessary, we will provide you with our specialized partners which will conduct a complete investigation, reconstruct the events of the accident, and reveal the evidence necessary to establish liability.  We will enlist the services of trusted and dedicated accident reconstruction experts when necessary, using photos, eyewitness accounts, security cameras in the area, dashboard camera footage, and written statements.

From your first visit, we’ll work with you to determine the liability – or responsibility – of the parties involved.  We will reconstruct and analyze the conditions that led to the accident in order to acquire the maximum compensation for the damages you’ve sustained.  If the accident involved a hit-and-run driver, we will pursue the driver and establish liability.  We understand that without a responsible party with which to make a connection, you could find yourself paying for expensive out-of-pocket repairs or without a vehicle entirely.  Our mission is to make you – and your vehicle – whole again.

If there were eyewitnesses, other drivers, or passengers who observed the collision, their testimonies could be invaluable in proving your case.  Photographs of the scene of the accident, weather reports from the time and place of the event, and proof of the conditions at the time of impact such as traffic congestion, time of day (sunrise/sunset), pre-existing accidents in the immediate area – can all be contributing factors to the successful outcome of motorcycle accident lawsuits.

If you were injured in the accident, seeking immediate medical attention is critical for your health and well-being, and may establish a crucial foundation for your lawsuit.  It is essential that you obtain all medical records, x-rays and scans, laboratory results, and a long-term prognosis from all of your treatment visits to complete the scope of the damages you have sustained.  We will work with your medical professionals to evaluate the necessity of future care you or your passengers may require, whether physical, emotional, or psychological.  Pain and suffering are very real consequences of traumatic accident/injury cases, and the importance of these expenses should not be overlooked.  We will ensure that your best interest is represented with the insurance companies throughout.

We will further communicate with the repair shop and insurance company to see that all of your motorcycle headaches are quickly and completely remedied.  The accident was not your fault, so why should the damage to your motorcycle be your burden?  There is no reason for you not to be made whole as a result.

Insurance providers specialize in settling claims quickly, and their main pursuit is doing so as inexpensively (to themselves) as possible.  If you are contacted directly by the other party’s insurance company, we ask that you refer them to your professional law team at Daniella Levi & Associates.  We will not hastily settle your claim, nor will we settle for less than you are entitled to.  It is our job to communicate with the insurance companies on your behalf, and we take our job seriously.

We understand the many consequences and outcomes of motorcycle accidents and injuries, and the long-term and sometimes permanent consequences which can place you and your family in financial hardship.  At Daniella Levi & Associates, we are uniquely qualified to assist you with your motorcycle accident injury claim.  If you or a loved one have been seriously injured due to a motorcycle accident, call the dedicated professionals at Daniella Levi & Associates today.

*Statistics include passengers, pedestrians, and bicyclists.

About Daniella Levi & Associates P.C.

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

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

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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