A car accident in a busy city like New York can leave you severely injured, and multiple vehicles being involved is common due to traffic. Depending on the nature of the collision, there’s a high chance your property was destroyed or severely damaged because of the impact. Filing a personal injury claim after the accident can help you recover from these losses. 

Receiving fair compensation isn’t as simple as asking for it through a formal request. There are many factors that can affect your settlement amount, including state laws that can negatively impact it. Before you proceed, it’s important to be aware of how certain accident laws work. 

Statute of Limitations for Personal Injury Cases

One of the most important laws to keep in mind when you’re thinking about a lawsuit is the time limit that all states have placed on similar cases. In New York, you have three years from the date of the injury or its discovery to seek compensation. If you don’t take legal action during this time, you’ll lose your chance to seek compensation in court. 

While it’s reasonable that you’d want to take your time to process how an accident has changed your life, remember that building a convincing claim takes time. Not proceeding as soon as the full extent of your injuries is known could mean losing your chance to put your life back on track, especially as evidence may lose its value with time. 

New York’s No-Fault Laws

Being entitled to compensation after a car accident doesn’t always mean that you can proceed with a lawsuit. Because of New York’s no-fault law, you need to pursue compensation with your insurance company, even if another driver is considered at fault for a collision. 

It’s also true that your options for compensation aren’t always limited. This process will change if the accident caused a disability, significant disfigurement, death, or any other loss beyond the serious injury threshold. In this case, you’ll be able to file a claim against the at-fault party for all damages caused by their negligence. 

Pure Comparative Negligence Rule

It’s not uncommon for the at-fault party to accuse you of being partially responsible for an accident. If this accusation isn’t fought, your settlement will be reduced by the percentage of fault attributed to you. 

This makes it impossible for the plaintiff to receive the maximum amount of compensation. For this reason, it’s always recommended to speak with an accident attorney who can gather the evidence needed to prove the at-fault party’s negligence. 

Navigate New York Law with an Accident Lawyer

Many elements can negatively impact your settlement, and it’s impossible to know about all of them without extensive knowledge of the legal system. A lawyer at Brown Chiari LLP possesses the experience needed for a positive outcome and will make sure to provide you with the best compensation possible for your case. 

We will investigate your accident in the most efficient way possible so you’re left with no doubts. You can reach us at 716-681-7190 or by completing our contact form. We offer a free consultation and remember, no fees if we’re not successful. 

It can be devastating to realize that your loved one was being abused while in the care of others, and it may be difficult to know how best to help them through such an ordeal. Families should investigate any suspected nursing home abuse and take prompt action. 

Safety is the first priority of course, but once your loved one is secure again, you may wonder if there are legal remedies available to you.

A personal injury attorney who specializes in nursing home abuse cases can help you get financial compensation to pay for doctor bills, relocation, and other expenses related to the abuse. This is surely an emotional time for the whole family, but pursuing legal action will send a clear message to the abusers that their behavior is not okay.

Getting Medical Attention

After an individual has been abused in a nursing home, they need to receive proper medical treatment. Often, individuals who suffer abuse in nursing homes feel embarrassed and ashamed of the abuse they were subjected to and are reluctant to speak up about what has happened.

The first thing that doctors should do when someone comes in with signs of abuse is evaluated them for:

• Physical injuries 
• Medical complications, such as infections and bedsores
• Dehydration or weight loss caused by neglect
• Psychological problems, such as depression or anxiety disorders

Once you or a loved one has been evaluated for injuries and trauma, you then have evidence for your nursing home abuse claim, not to mention the care needed. Your lawyer can then help you pursue compensation. 

Steps to Take After Nursing Home Abuse is Discovered

After uncovering nursing home abuse, it can be difficult to be sure you’re taking the right steps. Luckily, your lawyer can guide you through the process, ensuring you’re taking the right steps toward compensation. 

Struggling to recover from a nursing home abuse case? Here are some of the steps you can take to help a loved one recover: 

• Remove Your Loved One From the Abusive Environment – The longer your loved one stays in an abusive environment, the harder it will be for them to recover from the trauma they have experienced. If they are able to leave the nursing home without planning or warning, they may be less likely to experience stress disorders.
• Encourage Them to Talk – Nursing home abuse can be traumatic for seniors who are already dealing with health issues and other challenges associated with old age. It’s normal for them not to want to talk about it but when they’re ready, encourage the victim to talk about their experience.
• Be Supportive – Listen to what your loved one has to say about the incident. It’s important not to judge or make any assumptions. Instead, just take them seriously and show compassion. Let them know you’re here for them and that you’re ready to help if they need legal assistance. 

Talk to a Lawyer About Nursing Home Abuse Recovery

An attorney can help you determine if there is anything to be done legally against the abusers and the nursing home responsible for allowing the abuse to happen. We can also guide you through any legal steps that need to be taken to stop the abusers from harming anyone else again.

Ready to learn more through a free consultation? Call Brown Chiari LLP at 716-681-7190 or provide us with details about your situation by filling out our confidential online form, and a member of our staff will get in touch with you as soon as possible.

A 52-year-old construction worker who sustained a fall off of a temporary staircase while working on a new home build in 2017 will receive $9.2 Million as a settlement for the injuries he sustained. The worker was in the process of clearing drywall when he fell as a result of an unsafe condition. The individual sustained spinal injuries requiring surgery and a head injury that still requires treatment. It was initially alleged that the General Contractor, who failed to provide a safe worksite, was solely liable. However, during litigation, Brown Chiari discovered that two additional parties were also responsible for the unsafe worksite conditions, and these parties were brought into the litigation. All three defendants contributed to the settlement. The trial attorneys from Brown Chiari were Don Chiari, Michael Scinta, and Brian Hogan.

Michael Scinta, an attorney at Brown Chiari, spoke with the Buffalo News about the lawsuit brought on behalf of a husband and wife who died two days apart in an Albion nursing home. The lawsuit is thought to be the first of its kind in the state to confront the Covid-19 immunity…read more

 

Michael Scinta, an attorney at Brown Chiari, spoke with WKBW regarding the complicated financial web that allows some for-profit nursing home owners to receive public money through Medicaid and Medicare and essentially pay themselves with those and other profits.  The interview and article, entitled “I-Team: Following the money in nursing home ownership,” can be accessed here.

The National Trial Lawyers is pleased to announce that Andrea Conjerti of Brown Chiari LLP in Buffalo has been selected for inclusion into its Top 40 Under 40 Civil Plaintiff Trial Lawyers in New York, an honor given to only a select group of lawyers for their superior skills and qualifications in the field.  Membership in this exclusive organization is by invitation only and is limited to the top 40 attorneys in each state or region who have demonstrated excellence and have achieved outstanding results in their careers in either civil plaintiff or criminal defense law.

The National Trial Lawyers is a professional organization comprised of the premier trial lawyers from across the country who have demonstrated exceptional qualifications in criminal defense or civil plaintiff law. The National Trial Lawyers provides accreditation to these distinguished attorneys, and also provides essential legal news, information, and continuing education to trial lawyers across the United States.

With the selection of Andrea Conjerti by The National Trial Lawyers: Top 40 Under 40, Ms. Conjerti has shown that she exemplifies superior qualifications, leadership skills, and trial results as a trial lawyer. The selection process for this elite honor is based on a multi-phase process which includes peer nominations combined with third party research. As The National Trial Lawyers: Top 40 Under 40 is an essential source of networking and information for trial attorneys throughout the nation, the final result of the selection process is a credible and comprehensive list of the most outstanding trial lawyers chosen to represent their state or region.

To learn more about The National Trial Lawyers, please visit: http://thenationaltriallawyers.org/.