Category: Personal injury

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 personal injury.
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

personal injury lawyer in the bronx danielle levi and associates

How Do I Find a Top-Rated Personal Injury Lawyer

How Do I Find a Top-Rated Personal Injury Lawyer Near Me?

You have been injured and are wondering what your legal rights are. Looking for an attorney skilled at handling these cases and answering your questions can be overwhelming. There are so many names to choose from. Who do you call? How do you know if you are getting a firm that has the experience to handle your case and win?

Daniella Levi & Associates is the firm to call when you want the best Personal Injury Lawyer in The Bronx. With over 75 years of combined experience in successfully handling thousands of personal injury cases, we are exceptionally qualified to give you the personal attention you deserve.

Common personal injury claims

Personal injuries result for many reasons: they may be sustained due to negligence, dog bites, slip-and-fall accidents, medical malpractice, motorcycle accidents, and more. At Daniella Levi & Associates, we have seen them all.

Slip and Fall Injuries – Whether on private or public property, slip-and-fall accidents can happen in a split-second yet have lingering pain and physical limitations that last for months or even years. When the accident leads to unexpected medical bills, a personal injury attorney is your best line of defense in covering those expenses.

Car Accidents – Automobile accidents result in the greatest number of personal injury claims in America. When an accident occurs due to another driver’s negligence, accident victims are well-served in consulting with a personal injury attorney to help them recover their repair and medical expenses, as well as any pain-and-suffering expenses they may be due.

Workplace Accidents – An employee that experiences an injury while on the job can file a personal injury claim if they are injured due to inadequate job training, malfunctioning equipment, or unsafe conditions. Negligence or disregard on the part of an employer should not be to the detriment of their employees.

Product Liability – Product liability is the responsibility placed upon a maker or manufacturer for carelessness in the process of producing or selling a faulty product. Products often malfunction, which can lead to injury or damage. The harmed person or persons may be entitled to compensation for these injuries.

Wrongful Death – Wrongful death occurs when someone is killed as a result of another person or entity’s misconduct or negligence. When these types of accidents happen, the victim’s family can be entitled to compensation for the loss of life and livelihood.

Accidents of all sorts are an unintended part of life. Sometimes these accidents result in serious injuries that require medical attention. If you have experienced an accident at home or out and about and are not sure if it was a result of negligence or carelessness on the part of another party, Daniella Levi & Associates can help. You may be entitled to compensation for your inconvenience and injuries. If so, you need the best personal injury lawyers in the Bronx; you need the experienced team of Daniella Levi & Associates.

personal injury lawyer new york

What Are the Hazards of Falling Objects?

Large objects such as rocks, trees, and buildings can fall due to natural causes like earthquakes or strong winds. You might have experienced a ceiling fall or had something drift off a truck that was driving by. Falling objects can happen just about anywhere, at any time, without warning. Many times these objects do not hit anything or anyone. However, there are times when a falling object strikes a person. This can cause serious harm or even death. If you have had a fallen object hit you or a loved one, you need to call a personal injury lawyer.

Fallen trees and heavy branches, for example, have been known to kill people. Whether a tree was taken out in a storm or a dead branch decided to give way, this can cause property damage as well as injuries. When a disaster such as this happens, you need to call on a personal injury lawyer to help.

What Happens When a Tree Falls on Someone?

When a tree falls on someone, they are at risk of suffering from a fracture of the spine or neck. The person may also suffer from trauma to their internal organs and head injuries. In such cases, it is important for people to call 911 and get medical help as soon as possible. Once you are stabilized, you can then seek the advice of a personal injury lawyer. If you have lost a loved one due to a fallen tree, you need to seek restitution for your loss.

Trees fall for various reasons. Sometimes it is a simple act of God, such as heavy winds or a storm. However, other times, it could occur due to the negligence of a tree company. This could also happen if a  homeowner tries to cut the tree down on their own. Be sure that you always hire professionals to cut your trees as this is very dangerous and shouldn’t be done by a homeowner.

The Hazards of Falling Objects Hitting Someone

Falling objects could be something as simple as a light fixture that gives way at a shop, or a garage door mechanism fails. There are all kinds of things that could fail around us. Because of this, it is important that we are alert at all times and don’t expect a safety feature to properly work at all times. The garage door has safety features in place, but they can fail from time to time. Don’t risk getting injured by thinking that a safety feature is going to save you. Always be alert when you are out and about to ensure that you move out of the way should something fall.

If a falling object has injured you, seek medical attention and help right away.

We are a personal injury lawyer that helps people get compensated for their injuries. Typically we work with our client and an insurance company to ensure that our clients’ needs are met. As personal injury lawyers, we will seek compensation for the victim’s medical bills and lost wages as well as their pain and suffering. We take the time to do our own investigation as to what happened and if it could have been prevented. Call now

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When Should You Contact a Personal Injury Lawyer?

If you have been injured in an accident, and the other person was at fault, it is important to contact a personal injury lawyer as soon as possible. You need to ensure that you protect your future and get the compensation you deserve.  Call today and let’s get started looking at your case.

It is important to find the right personal injury lawyer dedicated to helping you with your case. Take your time and ask questions so that you understand your options and what rights are available to you.  Be sure that you choose someone that has the experience so they can help you. Daniella Levi & Associates P.C. is a champion for you.  

When it comes to life-changing accidents, you need an experienced personal injury lawyer. A personal injury lawyer can be a tireless advocate for you and your family. They will persevere to make sure that you are compensated for your medical bills, lost wages, and pain and suffering. When looking for a personal injury lawyer, it is important to find one who has experience in the type of accident that you were involved in.

Contacting a Personal Injury Lawyer:

When & Why to Get Legal Help

Personal injury law is a specialized field of law that deals with the legal consequences of injuries. A personal injury lawyer is an attorney who has the knowledge and experience to help victims get compensation for their injuries. If you have been injured by someone else’s fault, you should give us a call. We will work to fight for your rights to get you the compensation that you deserve.

Don’t feel bad about hiring a personal injury attorney, even if you know the business owner personally. Business owners have insurance that will cover the costs of your lawsuit. This will not personally affect the owner but will ensure that you get your expenses paid. We all have various insurances for a reason. Business, auto, and home insurance are created to protect both the business owner and the victim. Oftentimes we find that people aren’t clear on how this process works.

Anytime you are injured, due to someone else’s negligence, you need to contact a personal injury attorney right away. Don’t wait, as the evidence and witnesses will fade as time goes on. People will forget the details and other things we will need to win your case. If you don’t have a lot of money, that’s not a problem either. In fact, we only take on cases that we know we will win and our legal fees will get paid from the settlement of the case.

Conclusion: Should I Contact a Personal Injury Lawyer?

You should never try to handle your injury claim on your own because this can be a complex area of law. Remember that the insurance company has teams of lawyers and medical professionals fighting for their side. They may be friendly and helpful but the insurance company is not on your side. They may make you an offer that seems fair, or they may indicate to you that you do not have a solid case.  However, be sure to discuss it with a personal injury lawyer in order to ensure you get what you deserve. We have the knowledge and experience to help you.

With offices across NYC, the law firm of Daniella Levi & Associates, P.C. has years of experience handling personal injury cases. To date, they have secured millions of dollars in settlements and verdicts for their clients. If you’ve had an accident caused by the negligence of others, call our legal team for a free consultation.

When Should You Contact a Personal Injury Lawyer?

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What Kind of Cases do Personal Injury Lawyers Handle?

A personal injury attorney in The Bronx NY handles a wide variety of cases.  These cases include auto accidents, slip, and fall accidents, medical malpractice, and work-related injuries. Personal injury attorneys represent injured victims in court and provide legal advice to help them pursue their cases.

Why Personal Injury Lawyers Are Important for Victims of Accidents

Personal injury lawyers help victims get compensation or justice after an injury or wrongful death. The value of having personal injury lawyers becomes even more important when the defendant is either a governmental entity or insurance provider.

The legal system in America is a highly complex one with limited avenues for victims to pursue their cases. It can be challenging for even experienced trial lawyers to keep up with all of the new legislation.  Case law changes are constantly occurring. This is why a personal injury attorney in Bronx NY is so important.

Personal injury attorneys help to establish whether a particular accident-related injury was caused by someone’s negligence. This could lead to civil liability for high-dollar damages or punitive damages. They also serve as advocates and protectors of their client’s rights. They will assist by providing guidance on how to proceed with certain issues like medical treatment and insurance reimbursement claims.

What to Expect When Visiting Your Personal Injury Attorney in The Bronx NY

When you go to the office, you will be asking the attorney about their services, as they review your situation. The personal injury attorney in The Bronx NY will ask about how your injury occurred, the level and severity of your injuries, health, medical treatment, and your life in general. They will also ask for your medical records.   

Our legal team is dedicated to getting to the bottom of our client’s cases. We do our own research and investigation, should we take on your particular case. You have nothing to worry about financially, we only get paid after you get paid.

We only take on cases that we feel confident we can get good results for our client.. The experts we use to prosecute our cases have been doing this for a long time, are very experienced, and are dedicated to helping our clients win. If you have sustained a personal injury due to someone else’s fault, call today. 

Why choose our personal injury attorney services?

Don’t just take our word for it. Take a look around at the various reviews from our past clients. We can do this without you having to worry about the costs. This is thanks to our team of personal injury attorneys

There are many reasons why you should choose our law firm as your personal injury attorney.  Some of these are the success rate of our cases and the expertise of our attorneys.

We are expert Personal Injury Attorneys ready to fight for your rights.

Levi Law is a personal injury attorney in Bronx NY, we are well versed in the law and will fight for your rights. We have many years of experience and an excellent reputation with clients who have been satisfied with our professional services.

We want to become your personal injury attorneys now. Our office offers free initial consultations. This allows you to get a feel for us before you hire us to represent you. Don’t wait or take the first settlement that the insurance company offers you. Find out what you should be getting for your pain, suffering, and damages.

With offices across NYC, the law firm of Daniella Levi & Associates, P.C. has years of experience dealing with personal injury cases. To date, they have secured millions of dollars in settlements and verdicts for their clients. If you’ve had an accident caused by the negligence of others, call our legal team for a free consultation.

What kind of cases do personal injury lawyers handle?

dangerous potholes on streets of NYC

Liability for Bike Accidents Caused by Potholes

Victims of Bike Accidents Caused by Potholes in the Road May be Entitled to Financial Damages

Not all bike accidents are caused by car crashes. In many cases, accidents may be caused by road hazards and other dangerous conditions, regardless of whether or not there are other drivers around.

If you were injured in a bike accident that you can attribute to hazardous roadway conditions, liability for the accident may fall on another party, potentially entitling you to financial compensation. An experienced NYC injury lawyer can help evaluate your case and see if this option for compensation is available to you.

Some of the most common roadway occurrences that lead to bike crashes are potholes. These nuisances typically appear due to one of two reasons:

  • General wear and tear on the road that has caused the asphalt to crack and break.
  • Temporary road work that has left behind sunken or cracked earth.

In the case of the latter, liability can be put on the utility company responsible for the road work – provided they did not provide warning, such as signs or traffic cones, that marked the area as dangerous.

For the former, the answer is a little trickier. In the event of a pothole caused by wear and tear, liability falls on the agency responsible for managing the roadways. If the pothole has only been there a short time, the organization would usually be free from blame. But if you can prove the pothole has been there for at least 15 days, months or even years, you could argue that the management has been negligent in addressing a road hazard, especially if that area has been the site of prior accidents.

Crashing on your bicycle can be a serious incident, resulting in injuries, medical expenses and lost wages that could detrimentally impact a victim’s well-being. The law firm of Daniella Levi & Associates can help you fight for any potential damages you may be owed.

For all correspondence, please use the Queens office address.

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