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Answers To Frequently Asked Questions

Get answers to common questions about personal injury cases from the New York injury lawyers at Goidel & Siegel.

It is not always necessary to work with a personal injury lawyer after an accident if you suffered very minor injuries. However, it is crucial to consult with a lawyer if your injuries require time off work, you are being blamed for your accident, or your case is complicated.

A New York injury lawyer has extensive knowledge of procedural rules and personal injury law. They serve as an advocate to protect your best interests and negotiate a fair settlement, even taking your case to court if the insurance company does not treat you fairly. They also understand how to build your case with the right evidence and legal arguments.

Multiple parties may be held liable for a construction accident in New York City. As an injured worker, workers’ compensation may be your sole avenue for compensation. You generally cannot hold your employer responsible for an accident. However, several labor laws in New York allow owners and contractors to be held strictly liable for safety violations, failing to provide adequate protective equipment, and other forms of negligence.

Depending on the type of accident, other parties may also be held legally responsible. If your accident was caused by a defective product, the manufacturer may be held accountable under product liability law. In traffic accidents, negligent motorists can be responsible for damages.

It is important to consult with a personal injury lawyer after a construction accident for several reasons. An injury lawyer can assist you with filing for workers’ compensation by gathering necessary evidence that reduces the chances of your claim being denied. Your lawyer will also protect your rights, represent you during appeals if needed, and ensure a disability is accurately rated.

An experienced injury lawyer can also help you explore additional avenues for compensation. Workers’ comp alone may not fully cover your damages. Your lawyer can assist you with a third-party injury claim against negligent parties, determine if you qualify for additional compensation through a labor law claim, and help you navigate long-term disability (LTD) insurance claims and SSDI if needed.

The “fatal four” types of accidents in construction are falls, electrocution, being struck by an object, and getting caught in or between objects. More construction workers are hurt or killed in falls than any other type of accident. These accidents can involve falls from heights, falls into trenches, or falls on the same level. Construction site accidents also frequently involve machinery, power tools, electrical hazards, vehicle accidents, and exposure to harmful chemicals, fumes, and particles.

Labor Law 240 is New York’s “Scaffolding Law.” This labor law protects construction workers who are hurt in a fall or when they are struck by a falling object. It covers workers involved in repair, demolition, or construction but not normal maintenance. The law makes owners and contractors strictly liable for fall injuries if they failed to take reasonable steps to protect workers. Injured workers eligible for this additional protection can seek compensation in addition to workers’ compensation. Construction companies, contractors, and property owners have limited defenses against Labor Law 240 claims.

The statute of limitation in New York depends on what type of case you file. Depending on what you are suing for, the statute of limitations varies from 1 to 6 years. Some examples of the New York statute of limitations include:

  • Workers’ compensation: You must file the claim within 2 years of the date of the injury or from the date of your last injury, depending on which date is later.
  • Medical malpractice: In New York, you have 2 ½ years from the date the medical negligence occurred, the date your treatment ended, or the date your issue was discovered to file a claim.
  • Wrongful death: Parties claiming wrongful death must file within 2 years of the person’s death, with no exceptions.
  • Slip and fall injuries: The statute of limitations for slip and fall injuries in New York is 3 years.

Personal injury lawyers handle just about any case where one person was injured due to another person’s negligence. Examples of cases a New York City lawyer specializing in personal injury may handle include:

  • Auto Accidents: Car accidents, bus & taxi accidents, motorcycle accidents, train accidents, subway accidents, pedestrian accidents
  • Trip & Fall: Slip/trip and fall, sidewalk accidents, manhole cover accidents
  • Premises Liability: Attacked/assaulted on somebody else’s property, school accidents, negligent security, swimming pool accidents, harmful chemicals or materials
  • Workplace Accidents: Workers’ compensation, construction accidents
  • Product Liability: Injured due to a defective product
  • Medical Malpractice: Injured due to negligent medical care
  • Nursing Home Abuse and Neglect: Intentional or accidental
  • Dog Bite and Dog Attack Injuries

If you need a car accident lawyer or any other type of personal injury lawyer, contact Goidel & Siegel Injury Lawyers today for a free consultation.

If you’ve never needed the assistance of personal injury lawyers before, it can be hard to know where to start to hire one. Whether you need an auto accident lawyer or another type of New York City lawyer specializing in personal injury, here are the general steps you should take:

  • List your criteria, such as experience (the Goidel & Siegel law firm has more than 30 years of experience), accessibility (meet with Goidel & Siegel lawyers how you like, whether in person, on Zoom, or other forms of communication), languages spoken (in addition to English, our lawyers speak Spanish, Russian, Farsi, and Arabic), and any other factors important to you
  • Make a list of lawyers from recommendations, lawyer directories, or a Google search
  • Shortlist 3-5 personal injury lawyers
  • Call lawyers’ offices to get a feel for whether they’re a good fit for you
  • Meet with your top pick to discuss your case
  • Sign a contract, making sure you understand the fees involved

If you think Goidel & Siegel is the best New York City lawyer for your needs, or if you want to get to know us better to see if we’re right for you, contact us today.

Many factors go into determining the amount of a personal injury settlement. At a minimum, a good settlement must cover all past and future injury-related expenses. Some other factors that determine how much of a settlement you may get if you work with a New York City lawyer include:

  • The type of accident that caused the injury. Under New York’s no-fault law, auto insurance companies are required to pay up to $50,000 for economic and medical losses, but they don’t provide for pain and suffering, so only permanent injury cases can recover more than $50,000. Injuries caused by things other than auto accidents won’t be affected.
  • The type and severity of injuries. Permanent and serious injuries are eligible for higher settlements than injuries a person can recover from.
  • Comparable fault. If you are found partially at fault for the accident that caused your injuries, the settlement may be reduced by your percentage of fault.

If you need a car accident lawyer or any other type of personal injury lawyers, contact Goidel & Siegel. Insurance companies and defense counsels take us more seriously because they know we’re willing to go to court if they don’t offer a good settlement.

Personal injury payouts vary widely based on a number of factors, including:

  • The severity and type of injuries. Serious or permanent injuries and wrongful death generally qualify for larger payouts than for temporary or minor injuries.
  • The type of accident. For car accidents, New York has a no-fault law where motorists are required to carry a minimum of $25,000 or a maximum of $50,000 of Personal Injury Protection insurance. Since insurance will cover those amounts automatically, the rest of your payout will likely be smaller than if you were injured in a non-auto accident.
  • Comparable fault. You may be found partially at fault for the accident that caused your injuries. If so, the amount of your payout may be reduced by your percentage of fault.

At Goidel & Siegel, our personal injury lawyers have tons of experience getting accident victims the compensation they deserve. Talk to a New York City lawyer by contacting Goidel & Siegel today.

While it’s difficult to quantify a person’s pain and suffering into a dollar amount, there are two main ways to determine pain and suffering compensation. An experienced auto accident lawyer (such as the personal injury lawyers at Goidel & Siegel) will be able to help you get an idea of how much your pain and suffering may be worth.

In New York, the multiplier method is the more common technique used. With this method, the total amount of economic damages - such as medical bills and lost wages - is multiplied by a number that typically ranges from 1.5 to 5. The more severe the injuries, the higher the multiplier.

The other method for determining pain and suffering is the per diem method, which provides a dollar amount of compensation - usually based on the person’s wages - for each day the victim remains injured.

To discuss your case with a New York City lawyer, contact the experts at Goidel & Siegel today for a free consultation.

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