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How To Choose The Best Accident Lawyer

Posted on February 21, 2022January 11, 2023 by Vitaly

These days, there are hundreds of thousands of accident lawyers practicing in the United States, and this reality can make finding the best accident lawyer seem like a daunting task. But finding the best lawyer in your area isn’t impossible. Here’s a step-by-step guide you should follow to how to choose the best accident lawyer.

Call us at 1-800-HURT-511 when you’re looking for the best accident lawyer in the Bronx. Our accident lawyers have been representing accident victims for over a decade, and we’ll exhaust every option so you’re properly compensated for your injuries.

Step One: Ask For Recommendations

The first thing you should do when seeking an accident lawyer is reach out to friends, family members, coworkers, and neighbors to see if anyone you know has had a good experience with an accident lawyer. It’s an unfortunate truth that individuals get hurt every day, so it’s likely there’s somebody in your life who’s needed an accident lawyer before.

When you’ve found someone who’s used an accident lawyer before, ask them what they liked about the lawyer and how the experience was. But don’t hire a lawyer just based off a friend’s recommendation. You still have to conduct research on your own.

Step Two: Search For Injury Lawyers Near You Online

Most lawyers practicing today have a website. All one needs to do is search “accident lawyers near me” on Google or another search engine and they’ll be shown the websites of local accident lawyers. Browse these pages and keep the following points in mind as you look through:

• Is the site well organized and professionally designed?

• Does it seem current?

• Are there testimonials to look at?

• Does the lawyer have their credentials on their site?

Check Lawyer Reviews Sites

It’s also wise to check lawyer reviews sites, as here you can find genuine reviews of lawyers in your area. Most of these sites include written and video reviews, ratings, and listed lawyers’ basic information. Below are some trusted lawyer reviews sites:

• Avvo.com

• Martindale.com

• Legalmatch.com

• Lawyers.com

• Findlaw.com

Step Three: Create A Short List Of Candidates

Once you’ve browsed several sites, you should create a short list of accident lawyers that seem promising. There should be six to seven names on this short list. These are the lawyers you’ll conduct in-depth research on. Here’s how you should conduct research:

Examine Credentials, Experience, Associations & Awards

If a lawyer has their credentials on their website, make note of these. Here are some credentials you should keep an eye out for:

• Where they went to school

• Which certifications they possess

• Which professional associations they belong to

• Which awards they’ve received

If you can’t locate a lawyer’s credentials using their website, this isn’t necessarily a red flag, but it does demonstrate that the lawyer chose to not include their credentials on their site, which is strange considering how important credentials are in the legal industry. It’s common practice for a lawyer to include at least some of their credentials on their website.

You should rank lawyers according to their credentials. For example, if a lawyer graduated from an Ivy League law school, belongs to the state bar and a number of professional associations, possesses a range of useful certifications, and has received numerous awards, then they should be at the top of a short list of candidates.

Step Four: Select Three Interview Candidates

Once you’ve conducted thorough online research—and you’ve seen who has positive reviews, a detailed website, and impressive credentials—it’s time to narrow down your short list to just three candidates. These are the candidates you’ll reach out to so you can set up initial consultations. These consultations can be conducted over the phone or in person, but there are benefits to meeting with a lawyer in person if you’re able to do so.

But before you consult an accident lawyer, you should collect all relevant documents you’ve acquired so far, including medical records, the police report, an accident report (if you have one), and any witness statements you’ve gathered. You should also have a prepared account of what happened, as a lawyer will not be able to make a determination regarding whether or not to take your case unless you present them with clear facts.

Step Five: Consult With The Lawyers

Now it’s time to reach out to the three accident lawyers who’re most promising. You can interview according to rank or in a random order; it doesn’t really matter how you interview, as after you’ve interviewed everybody, you’ll easily be able to compare and decide who’s best. When you consult a lawyer, you should ask the following questions:

What Can I Expect From Your Firm?

A lawyer is nothing without their support staff. Therefore, you should find out how the lawyer’s support staff will help your case along. Do they work with paralegals? Will multiple lawyers be handling your case? This is probably the most important question, because how a firm operates largely determines how your experience will be.

How Much Attention Will My Case Get?

If you’re looking to have your case handled by a big firm, there’s a chance your case may not get a lot of attention. This isn’t necessarily a problem, considering your case may not need a lot of attention in order to get handled correctly.

When Was The Last Time You Handled A Case Similar To Mine?

You want a lawyer who is familiar with your injury and the accident that caused it. There are so many kinds of accident lawyers out there, so it’s best to hire one that specializes in cases like the one you intend to bring.

Do You Have Trial Experience?

It’s also wise to hire a lawyer who has trial experience. While most accident cases don’t go to trial, going to trial is still a possibility. If your case ends up in court, you’ll need a lawyer who can defend your interests in front of a judge and jury.

Step Six: Determine Which Lawyer Is Best For You And Hire Them

After you’ve consulted all the lawyers on your short list, it should be clear which lawyer is the best one to hire. Choose the lawyer who:

• Made you feel most comfortable

• Possesses relevant skills, experience, and credentials

• Has a dedicated staff

• Has a lot of resources at their disposal

• Will treat you like a valued client

The process could take awhile, which is all the more reason why you should only hire a lawyer who’ll respect your time and appreciate your business.

If you’re in NYC and you’re looking for the best accident lawyer in the area, call 1-800-HURT-511 to get in touch with the accident lawyers at the Sanders Law Firm. We’ll treat you like family and help you seek damages after you’ve been injured in an accident. Thanks for reading how to choose the best accident lawyer.

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How To Choose The Best Workers’ Compensation Lawyer

Posted on February 21, 2022January 11, 2023 by Vitaly

Accidents happen all the time at work, and such is the main reason why workers compensation insurance exists. When an employee gets injured or sick as a result of a work-related accident or poor working conditions, they’re encouraged to file a workers compensation claim so they can be compensated for expenses related to their injuries.

But a workers compensation claim can be denied, or an injured employee can get an award that’s smaller than what they need to cover expenses. To help prevent the above scenarios from happening, a lot of injured employees hire a workers compensation lawyer to handle the process on their behalf.

Hiring a workers compensation lawyer is a smart move for a variety of reasons, but how is an injured employee supposed to go about finding the best workers compensation lawyer? After all, there are thousands of them practicing in the US. Read on to find out.

Call 1-800-HURT-511 when you’re looking to hire a workers’ compensation lawyer in Queens. We’ve been representing accident victims for over a decade, and we’ve secured hundreds of favorable judgments for our clients.

What Are You Looking To Get From Hiring A Workers’ Comp Lawyer?

Before you hire a workers’ compensation lawyer, you should have clear expectations. Ask yourself the following questions, for the answers will collectively indicate whether hiring a workers compensation lawyer is a good move or not:

Do you want to hire a lawyer so they can handle the process for you?
Are you fine with giving up 33% of your award (if you receive one) as payment for the lawyer’s assistance?
Do you believe your claim will be denied without professional legal assistance?
Do you anticipate the claim will end up in court, where having a lawyer on your side would be valuable?

How To Search For A Workers Comp Lawyer Online

These days, most lawyers have an online presence. However, some law firms have a strong online presence whereas other firms just have a basic website that includes the essential info along with a contact form. In general, it’s best to steer clear of firms that don’t have an updated website as well as firms that don’t have a lot of information about their practice on their website. An undeveloped or out-of-date site can indicate the firm doesn’t see the value in having a strong online presence that’s attractive to potential clients. Here’s how you can find top-quality workers comp lawyers online:

Search Engines

Use popular search engines like Google, Yahoo, and Bing. All you have to do is type in a keywords like “workers’ compensation lawyers near me” and you’ll immediately get several relevant results. You should only stick with the sites on page one, and look through paid-promotion sites as well as those that aren’t promoted.

Reviews Sites

There are also a handful of lawyer reviews sites one can use to find a good lawyer. On these sites, former clients write testimonials and give ratings. There’s also basic information about listed lawyers. Some reliable and popular lawyer reviews sites are:

Avvo
com
Martindale-Hubbell
NOLO
Better Business Bureau (BBB)

What To Look For In A Workers Compensation Lawyer

If you’re hiring a workers compensation lawyer to help you navigate the claim process, it’s essential to hire somebody who’ll work well with you. The process may take awhile, so you should avoid giving your business to somebody who’s not going to operate with your best interests in mind. Here’s what you should look for when you’re searching for a workers compensation lawyer:

Experience

It’s best to only give your business to an experienced workers comp lawyer. A lawyer who’s been practicing this kind of law for years will most likely serve you well. Make sure the lawyer knows this area of law inside and out. Have they defended workers comp insurance companies as well as workers comp applicants? That would be a plus. It’s also best to hire a lawyer who has many wins under their belt.

Credentials

Credentials are incredibly important in the legal sphere. You should hire a lawyer who possesses a law degree from a reputed law school, and the lawyer should also be in good standing with the state bar. Additionally, they should be regularly updating their credentials.

Professional Associations

Hiring a lawyer who’s a member of professional associations is a good idea. Most practicing lawyers are part of the American Bar Association, and a workers comp lawyer may also be part of a workers comp professional association. Additionally, they could possess a board certification from the National Board of Trial Advocacy as well as several certifications related to workers comp. Moreover, a lawyer who has a lot of connections can often tap into some valuable resources on behalf of their clients.

Authority

If a lawyer has published journal articles, a blog, or other works outside their practice that demonstrate they’re up to date on current legal topics, such likely indicates that they know workers compensation law inside and out.

Inspiring Confidence

A true professional will demonstrate that they’re confident in their abilities, and they’ll also be pleasant when interacting with potential clients. Furthermore, they’ll be patient and attentive when discussing a potential client’s situation, and they’ll address any concerns the individual may have.

Respectful

It’s also good to hire a lawyer who’s respectful. Hiring somebody who sporadically answers your calls once the process is in motion is not the way to go. A lawyer should keep you updated on what’s going on, and if your lawyer is ever rude or dismissive, it’s best to take your business elsewhere.

Which Workers Compensation Lawyers Are Best In NYC?

When you need best-in-class legal representation to help you file a workers compensation claim, call 1-800-HURT-511. Our workers compensation attorneys in the Bronx are workers compensation experts, and we’ll represent your interests in court (should your claim go to trial). When you enlist the help of our firm, we’ll treat you like family, and we’ll make sure you can focus on recovering while we handle all the hassles associated with filing a workers compensation claim.

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Workers Compensation Law FAQ

Posted on February 19, 2022May 11, 2022 by Vitaly

Workers Compensation Law FAQ

If you’ve been injured at work, it’s likely many questions are running through your mind right now. Especially if a work-related injury has prevented you from working and earning, there’s a good chance you’re worried about what’s going to happen next. Use this article to answer the questions you may have about workers’ compensation claims. And when it’s time to file a claim, reach out to our workers’ compensation lawyers.

Call 1-800-HURT-511 when you need to speak to a workers comp lawyer at the Sanders Law Firm. We have been representing injured workers in Queens, Brooklyn, the Bronx, and NYC for over a decade, and we’ll help you navigate the workers’ compensation claim process so you get the compensation you’re owed.

What Is Workers’ Compensation?

Workers’ compensation insurance is a type of insurance that a business will get to prevent its employees from filing lawsuits based on work-related injuries and illnesses. An employee who’s injured as a result of their work will be compensated through their employer’s workers’ compensation insurance, if their claim is approved, and the employer will avoid all the costs associated with a lawsuit.

Are Businesses Required To Have Workers’ Compensation Insurance?

Different rules apply in different states. New York businesses are required to have workers’ compensation insurance, though there are exceptions.

What Is Workers’ Compensation Used To Cover?

Workers’ compensation is used to cover expenses associated with a work-related injury or illness. These expenses can be medical bills, lost wages, and long-term medical care. If an individual died as a result of a work-related injury or illness, their family can recover their workers’ compensation to cover funeral costs and other expenses.

Which Injuries Are Not Covered By Workers’ Compensation?

Every injury that happens on the job is not covered by Worker’s Compensation. State laws and other regulations determine which injuries are covered by workers’ comp and which aren’t. Most workers’ comp insurance plans do not cover the injuries described below

If an employee was injured during a fight with another employee.
If an employee is injured because they are under the influence of drugs or alcohol.
If an employee is injured in the course of breaking company policies and/or the law.
If an employee claims emotional injury but there’s no physical injury, it’s likely insurance won’t cover this.

Wondering whether or not an injury you sustained at work is covered by workers’ compensation insurance? Reach out to our workers comp lawyers in Brooklyn. They’ll know right away if your injury is covered by workers’ compensation or not.

Do Employees Pay For Workers’ Compensation Benefits?

No, employees do not pay for workers’ compensation insurance. The employer is solely responsible for covering the cost of workers’ compensation insurance. A lot of factors determine the cost of workers’ compensation insurance, including:

State laws
The size of a business
How many employees an employer has
How dangerous the work is

What Should An Employee Do If They Get Hurt On The Job?

When an employee gets injured at work, the first thing they should do—if they’re physically able to—is notify their employer that the injury occurred. They should make a formal, detailed report in writing, but an employee who needs immediate medical attention will not be expected to file a report immediately.

Each state has different reporting requirements, but every state encourages injured employees to file for workers’ compensation as soon as possible. Individuals with work-related illnesses should file once a diagnosis has been given.

In New York, an injured employee has 30 days to report a work-related injury once an injury has occurred. If a work-related injury did not present immediately, an employee will have two years to file a workers’ compensation claim.

How Is A Workers’ Compensation Claim Supposed To Be Filed?

Employers are responsible for filing their employees’ workers’ compensation claims. An employer must also make sure their employee gets proper medical attention when an injury occurs. Even if the injury does not necessitate an immediate trip to the emergency room, an employer must still make sure their employee gets medical treatment if they’re hurt while on the job.

Furthermore, an employer will need certain pieces of information before they can file a claim, including:

Company information
Policy information
Information from the injured employee
An accurate account of what happened

Once an employer has everything they need to file a claim, they must file immediately, as they may be penalized for delaying filing.

How Often Do Workers’ Comp Claims Go To Trial?

Approximately 5% of workers’ compensation claims end up in court. An injured employee may take a claim to court if they believe they weren’t awarded an adequate compensation amount. Also, a claim can be taken to court if it was denied by the insurance provider.

How Often Do Workers’ Compensation Claims Get Rejected?

A lot of workers’ comp claims get denied, and some estimates have found that as many as 25% of claims get rejected immediately. A lot of factors can cause a workers’ comp insurance provider to reject a claim.

For example, if an injured employee did not get medical care at a specific doctor, this may prevent them from receiving compensation. Similarly, if an injured employee has a preexisting condition at the time the injury occurs, an insurance provider may argue that the injury was not related to work and instead related to the preexisting condition.

How Big Are Workers’ Compensation Awards?

A variety of factors determine how much compensation an injured employee will receive from their claim. On average, injured employees received $20,000, though an employee can get anywhere from $2,000 to $40,000. Generally speaking, the more severe and debilitating the injury, the higher the compensation amount.

Is Hiring A Workers’ Compensation Lawyer Worth It?

There are many reasons why it’s smart to hire a workers comp lawyer. A workers comp lawyer will make sure your claim is filed properly, and they’ll also deal with the insurance company on your behalf if things get complicated. And if your claim gets denied and ends up in court, a workers comp lawyer will steadfastly defend your interests in court.

Call us at 1-800-HURT-511 to speak with our work comp lawyers. We’ll represent you whether you’re in Queens, NYC, Brooklyn, or the Bronx. We’ve been representing injured workers for years, and protecting the rights of workers is incredibly important to us.

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Workers Comp Lawyer FAQ

Posted on February 14, 2022January 12, 2023 by Vitaly

Workers Comp Lawyer FAQ

Injuries happen everywhere, and often they occur at the workplace. Even if all precautions are taken and all safety procedures are followed, accidents still happen, and this reality is one reason why workers’ compensation insurance exists today. But understanding the ins and outs of workers’ comp is not a task one can accomplish overnight, and such explains why individuals often have questions regarding what workers’ comp is, how the claim process works, and what injuries are covered. Some of the frequently asked questions are answered here.

Call us at 1-800-HURT-511 when you want to speak with our trusted work comp lawyer in Brooklyn. We’ll help you file a claim and make sure you get properly compensated when a work-related injury or illness has saddled you with expensive medical bills and prevented you from earning.

Are All NYC Employers Supposed To Carry Workers’ Compensation Insurance?

By law, the vast majority of businesses in New York are required to carry workers’ compensation insurance. Employers must also make their employees aware of policy-related information, including the insurer’s name, their address, their phone number, and the policy number. Some businesses are not required to have workers’ comp, but most of these businesses have no employees.

When Should A Work-Related Injury Or Illness Be Reported?

When it comes to work-related injuries and illnesses, the sooner one reports, the better. An injured employee should immediately notify their employer of the injury, and after they do so they should seek medical treatment. If an employee doesn’t realize immediately that they’ve been injured, they have 14 days from when the accident occurred to notify their employer of the injury. Those who can’t file a report immediately because they were seriously injured by an accident are often granted an extended filing period.

Since an injured employee is not seeking compensation from their employer but instead their insurance provider, the employee shouldn’t view their employer as adversarial and hence keep information regarding the injury a secret; workers’ comp cases are not like fault-based injury cases that happen outside the workplace.

How Should A Work-Related Injury Or Illness Be Reported?

When an employee gets injured at work, they should report their injury first to their direct supervisor; it may also be necessary to file a report with human resources. While a report can be verbal, it’s better to make a report in writing, as this way you can have a copy for your records. In most cases, an employer will file a claim on behalf of their employee, but if an employer doesn’t do this, the injured employee can file directly with the state’s workers’ comp board.

What’s The Statute Of Limitations For Filing A Workers’ Comp Claim?

The statute of limitations in workers’ comp cases is typically two years, meaning an individual has two years from the date the injury occurred to file a claim for compensation. But different states have different reporting requirements. In New York, injured employees are afforded two years to file only if work-related injuries are discovered later on. Injuries that present immediately should be reported within 30 days.

Does The Employer Or The Employee File A First Report Of Injury Or Illness Form?

The First Report of Injury or Illness is a form that an employer must file on behalf of their injured employee within seven days of the injury occurring. It’s essentially an objective incident report that describes the workplace at the time the injury occurred and posits what conditions could’ve led to the injury occurring. In this report, there is space for witness input as well.

What Factors Influence The Size Of A Workers’ Comp Award?

A variety of injury-related expenses can be covered using the award from a workers’ compensation claim. For example, a workers’ compensation award can be used to cover the cost of medical procedures, treatments, doctor’s office visits, and prescription drugs. And if an injury is preventing an employee from working, workers compensation lawyer will cover lost wages both past and future. And in the tragic event of an employee succumbing to work-related injuries or illness, workers comp lawyer can cover funeral expenses and pass on the employee’s benefits to their dependents.

What’s Not Covered Under Workers’ Compensation?

Workers’ compensation insurance is supposed to cover costs associated with work-related injuries and illnesses. However, there are stipulations, and there are several instances in which an injured employee won’t be able to collect workers’ compensation:

If an employee is under the influence of drugs or alcohol when the injury occurs.
If an employee gets injured while horsing around.
If an employee intentionally harms themselves while performing their duties.
If an employee broke company policy or the law in the course of getting an injury.

Can An Employee Get Compensated If A Work-Related Injury Made A Preexisting Condition Worse?

If a work-related injury or illness exacerbates a preexisting condition, an employee would, in theory, be able to receive compensation. However, it’s difficult to prove this, as it needs to be proven that the work-related injury directly exacerbated the preexisting condition. The insurance company will likely argue that the condition got worse on its own, and that the injury had no significant impact.

Who Provides Medical Treatment To Those Facing Work-Related Injuries?

Most individuals prefer getting examined by a doctor they’re familiar with, but in the event of a work-related injury, you’ll need to be examined by a doctor that has been pre-approved by your employer’s insurance company. However, if you need attention immediately, you should go to the emergency room and not wait around for an assessment; a later assessment can be conducted once you’re in stable condition.

Is Hiring A Workers Comp Lawyer Worth It?

While it’s possible to navigate the workers’ compensation claim process alone, most injured employees get help from a workers’ comp lawyer to ensure the process is not only hassle-free but executed correctly. A workers comp lawyer will also make sure their client gets a fair compensation amount. And should a claim end up in court, a workers’ comp lawyer will be able to represent their client’s interests in front of a judge and jury. Moreover, a workers’ comp lawyer will only get paid if an award is secured.

Call 1-800-HURT-511 to hire a reputed workers’ compensation attorney in the Bronx. At the Sanders Law Firm, we’ve been protecting the rights of workers for more than a decade.

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Motorcycle Lawyer & Bicycle Accident | FAQ

Posted on February 11, 2022January 11, 2023 by Vitaly

A lot of individuals enjoy riding bicycles. And those who want to take bicycle riding to the next level often enjoy motorcycles as well. Bicycles and motorcycles are on the roadways a lot more these days, yet still they’re some of the most vulnerable operators on the roadways, and unfortunately both bicycle and motorcycle accidents are all too common.

If you’ve been involved in either a motorcycle accident or a bicycle accident, you probably have a lot of questions. Browse through the frequently asked questions below to get answers.

Call 1-800-HURT-511 to speak with our and bicycle accident, motorcycle lawyers in Queens. We’ve represented accident victims throughout NYC, and we’ve secured hundreds of favorable judgments over many years practicing.

Where Do Motorcycle Accidents Happen Most Often?

It’s been found that nearly 70% of motorcycle accidents happen around intersections, but these aren’t the only spots where accidents happen. Motorcycle accidents can occur in both urban and rural areas, and the National Highway Traffic Safety Administration (NHTSA) has found that more crashes happen in urban areas (60%) than rural areas (40%). This breakdown makes sense, considering there’s more traffic in urban areas, more pedestrians and bicycles, and more roadway hazards like potholes and debris. And despite what’s commonly believed about highways being where most motorcycle accident fatalities happen, most accident fatalities happen on non-interstate roads.

Why Do Motorcycle Accidents Happen?

A variety of factors can lead to a motorcycle accident. Some common factors are listed below:

Vehicles that are turning left
Hazardous road conditions
Head-on and rear-end collisions
Lane splitting
Reckless driving
Speeding driving under the influence of drugs or alcohol
Sharp turns

But the most common reason for motorcycle accidents is that motorcycles are a lot smaller than most other vehicles on the roadways and therefore sometimes harder to see, especially to those driving large vehicles like tractor-trailers and buses.

What Damages Are Recoverable From A Motorcycle Accident?

A motorcycle accident victim can be saddled with a range of expenses after an accident. It’s likely they’ll have to pay for emergency medical treatment, physical therapy, prescription drugs, doctor visits, and rehabilitation. In addition to these expenses, a motorcycle accident victim will likely be unable to work because of the accident, which is why accident victims sue for lost wages both past and future. One can also be awarded damages for pain and suffering.

An experienced and skilled motorcycle accident lawyer in Queens, for example, would have a medical professional examine their injured client so a full account of injuries can be taken. Once all the injuries have been documented, a lawyer can begin to calculate a fair compensation figure.

What Should Be Done Immediately After A Motorcycle Accident?

Immediately after a motorcycle accident, an accident victim should seek medical attention for two reasons:

So they can get properly treated
So an initial record of injuries can be created

The next thing an accident victim must do is contact their insurance provider. When interacting with the insurance provider, they must only state the facts of what happened and not answer questions. After this they should consult with a motorcycle accident lawyer.

Is Hiring A Motorcycle Lawyer Worth It?

A highly skilled and experienced motorcycle lawyer —like the ones who work for the Sanders Law Firm—knows the elements that lead to motorcycle accidents inside and out, and they’ll also be able to determine where fault lies after receiving a full account of the facts. A motorcycle accident lawyer will also know how much to seek in damages, and they’ll handle all the stress-inducing and tedious processes for their client so the client can focus on recovering. A lawyer will also be able to represent their client’s interests in court (should the case go to trial).

Are Bicyclists Considered Pedestrians?

No. Bicyclists are considered motorists, and therefore they must obey the traffic laws that cars and other vehicles do, except in instances where traffic signals specifically indicate what a bicyclist is supposed to do. If a bicyclist violates traffic laws, gets in an accident, and is injured as a result, it’s quite likely they’ll be found solely responsible for the injuries they sustained.

Where Do Bicycle Accidents Happen Most Often?

According to the NHTSA, close to 80% of bicycle accidents happen in urban areas, whereas about 20% happen in rural areas. And like motorcycle accidents, bicycle accidents often happen around intersections. Even though bike lanes exist in many places, a bicyclist can still be struck here by a negligent or reckless driver. Bike accidents can also happen on public trails, uneven sidewalks, and defective surfaces.

What Should Be Done Immediately After A Bicycle Accident?

Immediately following a bicycle accident, an accident victim should seek medical attention. Even if they don’t believe they’re significantly injured, they should still get examined by a doctor, as a doctor will be able to identify injuries that are likely to manifest later on.

If the accident happened in Queens, they should contact a bicycle lawyer in Queens immediately. A lawyer will get the police statement and take pictures at the scene for their client. Also, they’ll interact with insurance companies, opposing lawyers, and witnesses on their client’s behalf.

What Happens When A Bicyclist Is Hit By An Uninsured Driver?

In this case, an accident victim would have to file a claim against their own insurance provider. This will have to be done promptly, and it must be proven that the uninsured party was solely responsible for the accident. If an accident victim bears some fault, such could get their claim rejected or their compensation reduced.

What Happens If A Bicyclist Is Not Wear A Helmet At The Time They Get Injured?

95% of fatal bicycle accidents involve individuals who weren’t wearing a helmet at the time the accident occurred. That being said, adult bicyclists are not required to wear a helmet. Helmets are only required for individuals age 16 and under. It’s rare for an insurance company to raise an issue about an accident victim not wearing a helmet at the time of the accident, but this has happened before.

Is Hiring A Bicycle Accident & Motorcycle Lawyer Worth It?

It’s best to call 1-800-HURT-511 and hire one of our bicycle accident lawyers when you’ve been injured in a bicycle accident. We’ll navigate the legal process on your behalf and exhaust every option to ensure you’re awarded fair compensation for injuries sustained from a bicycle accident.

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How Does the Workers’ Compensation Claim Process Work?

Posted on February 4, 2022January 11, 2023 by Vitaly

Workers Compensation Attorney Bronx

Minor and serious accidents can happen at virtually all workplaces. After all, something as simple as slipping and falling can lead to a brain injury or even death. This is a main reason why most US states have mandated that companies carry what’s known as workers’ compensation insurance.

Nowadays, if an employee gets injured in the course of performing their work duties, they get hurt at a work-related event, or they develop an illness because of working conditions, they don’t sue their employer directly. Instead, the insurance company of which the employer is a policyholder is the entity that’s responsible for paying all expenses associated with the employee’s injury.

The workers’ compensation claim process is much simpler than employees taking their employers to court, yet this process is still one that requires professional legal assistance. An employee can certainly pursue a claim on their own after they get injured at work, but quite soon after filing the claim, they may face hassles and challenges that would’ve been avoided had they got help from a workers’ compensation attorney.

Call us at 1-800-HURT-511 if you’re looking to hire a workers’ compensation attorney in the Bronx. Our workers’ compensation attorneys are sought after for their extensive legal experience and exceptional skills. We’ve been assisting injured workers for more than a decade.

The Workers’ Compensation Claim Process: Step by Step

While the process for filing a workers’ compensation claim varies from state to state, the first step is the same everywhere. The employee has to notify their employer that they have been injured, and this is so the employer can notify their insurance company. An injured employee can seek medical treatment before notifying their employer of the injury if medical treatment is needed right away.

Step One: Informing the Employer

Once an injured employee is ready to begin the claim process, they must notify their employer in writing of what happened. It’s best to do this as soon as possible, but a hurt employee usually has up to 30 days to file a claim. It’s also good to keep a copy of the memo you sent your employer, as you may need this later on.

Step Two: Filling Out the Claim Form

Once your employer has been notified, they must give you a form to fill out, and this is the workers’ compensation claim form. If your employer does not give you the official workers’ compensation claim form, you can request one from your state’s workers’ compensation board. The form will ask you questions like:

On what day, at what time, and where did the accident happen?
What kind of injuries did you sustain and which areas of your body were affected?
Were there any other parties involved in the accident?
How did the accident occur?
Did you receive medical treatment after the accident?

When this is complete, your employer will have to file it immediately. Once it’s been filed, it’s just a matter of waiting for the employer’s insurance company to either approve or dispute the claim.

Why Do Workers Comp Claims Get Denied?

If you’ve been injured at work and you’re hoping that workers’ compensation benefits will cover the costs associated with your injury, you’re probably wondering why workers’ compensation claims get denied sometimes. Some studies have found that upwards of 25% of workers’ comp claims get denied out of hand, and in a lot of cases these aren’t justified denials but instead attempts at getting a claimant to give up the pursuit for benefits. Below are some of the reasons insurers cite when denying workers’ compensation claims:

Missed Deadline

If you don’t file a claim within the time frame your state’s workers’ comp board affords, then you’ll lose your ability to pursue compensation. In some instances, an employer will handle making the initial claim for their employee once they’re notified of the injury, but an injured employee should never assume that their employer filed a claim on their behalf. Before filing a claim, check with your state’s workers’ comp board to see if your employer already filed one for you.

Disputing the Claim That the Injury Was Work-Related

Your employer’s insurance company may argue that your injury occurred while you weren’t working, and that therefore you’re not entitled to workers’ compensation benefits. They may also say that you weren’t following company guidelines, or that you were breaking the law at the time of getting injured, and that therefore your injury is not covered. Those who get hurt while under the influence of drugs or alcohol will also be unable to claim workers’ compensation. An insurance company may even say that a medical condition is preexisting and in no part related to the employee’s work.

It’s here where evidence will be needed, and you may not be able to gather all necessary evidence on your own. This is why you should get a workers’ compensation attorney to help you. They’ll know which evidence will bolster your claim, and they’ll know which witnesses can help. They’ll also be able to get crucial information from doctors who treated you, and if the insurance company doesn’t agree with the findings of the first doctor who delivered treatment, a workers’ compensation attorney will arrange for an independent medical exam to be conducted.

How Is a Total Compensation Figure Calculated?

There are a lot of expenses associated with work-related injuries, and these expenses are what workers comp benefits will cover. Workers’ comp benefits will also cover lost income, travel expenses, domestic assistance, pain and suffering, permanent impairment, and death. The total compensation figure will be based off numerous factors, and an experienced and skilled attorney will be able to calculate an accurate figure for their client.

Is Hiring a Workers Compensation Attorney Worth It?

In the wake of a work-related accident, most injured employees don’t want to be dealing with all the stresses that are associated with the workers’ comp claim process. Instead, they want to be resting and trying to figure out how to move forward.

A workers compensation attorney Bronx can handle all the stressful situations and processes for their client, and they may be the key factor in securing their client’s workers’ compensation benefits.

Call us at 1-800-HURT-511 if you’re ready to file a workers’ comp claim with help from our workers compensation attorneys in the Bronx. From beginning to end, we’ll make sure the process is simple and seamless for you.

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How Does a Personal Injury Case Work?

Posted on February 3, 2022January 10, 2023 by Vitaly

Accident Lawyer Bronx

Accidents happen every day, and such has been true since human beings first walked on earth. But some accidents are the direct result of another’s negligence or recklessness, and in these instances victims should be compensated for injuries sustained from the accident.

But filing a personal injury claim without assistance from an experienced and skilled lawyer makes an uphill battle even more difficult, and such is why most victims seek legal assistance when they want to pursue restitution for injuries and damages. Below, the process for filing a claim is outlined.

Call us now at 1-800-HURT-511 if you believe another’s negligence or recklessness resulted in you sustaining injuries. Our accident lawyers in the Bronx have been helping accident victims for more than a decade, and we’ll tirelessly pursue the compensation you’re owed.

Step One: An Event That Results in an Injury Occurs

The first part of an accident case is the event which caused the plaintiff (the one bringing the suit) to get injured. If there’s no redressable injury, a case cannot be brought.

If a settlement is likely to yield less than $5000, it’s best to get the matter straightened out in small claims court. But if a settlement is likely to be in excess of $10,000, the matter will have to be settled outside small claims court—perhaps not even in a formal courtroom at all.

When a potential client comes to an accident lawyer, the lawyer will review the facts of their case and decide whether or not pursuing compensation is worthwhile. They will conduct what’s known as an exploratory investigation, wherein they find out whether or not the defendant (the one who allegedly caused the injuries) has personal injury insurance or assets that would cover the cost of a settlement.

If the attorney decides that pursuing legal action is worthwhile, they will have their new client sign a fee agreement that makes their new relationship official. Most accident lawyers work on a contingency basis, which means they don’t get paid unless compensation for injuries is awarded to their client.

Step Two: A Complaint Is Filed and the Defendant Is Served

Once the accident lawyer decides that the case is worth pursuing, they will get things in motion by filing a personal injury complaint in the appropriate civil court. As the case’s first official document, it broadly describes the plaintiff’s claim. In other words, it’s the plaintiff’s account of the event which caused their injury, with particular emphasis on how the defendant is responsible for the injuries sustained by the plaintiff.

Once a complaint is filed, the accident lawyer must then locate the defendant so they can be notified of the complaint. This is called serving and an accident lawyer will have about a month to do this.

Serving is important because the physical delivery of a complaint is a formal and verifiable event. If a defendant is served, they cannot claim later that they weren’t aware of the complaint. Included in the complaint will also be a timetable for future court appearances. Most complaint recipients lawyer up immediately upon receiving the notice.

The Defendant Hires Legal Representation

There’s about a month between the time a defendant is served and the first court appearance, and it’s during this time that most defendants lawyer up. If the defendant happens to have personal injury insurance or assets that could cover the cost of a settlement, it won’t be difficult for them to find a defense attorney.

For a personal injury insurance policyholder, they must notify their insurance company right after they get served, as this is a strict requirement in such policies. And if the policyholder has not already hired a lawyer, their insurance company will do so for them. Most defense lawyers charge by the hour, and this is in contrast to plaintiffs’ lawyers, who for the most part only get paid if they secure a settlement.

Step Three: Discovery

Discovery is a crucial fact-finding process that begins once the two parties to an accident are lawyered up and ready to proceed. It is also during this stage that both parties will appear in court to briefly summarize the development of the case to a judge, and it’s at this initial meeting where mediation or arbitration will either be accepted or denied, and a trial date is set.

During discovery, the parties to an accident are deposed along with witnesses. Deposition is like a question and answer session where the answers provided are given under oath. Discovery can take months or even a year, and often the trial date gets pushed back.

When discovery has concluded, the defendant may ask the judge to dismiss the case, arguing that the plaintiff cannot possibly win in court. These motions are often denied. Discovery will be followed by mandatory settlement conferences, appearances in court to determine what evidence is admissible and what isn’t, and jury selection.

Step Four: Trial

When trial arrives, it may last several days. Trial is when the judge or jury will determine who is at fault for the accident, and it’s here when a compensation amount will be determined as well. Once the trial concludes, either party can appeal the decision, and the appeal process can last multiple months and even several years. When an appeal can no longer proceed, the at-fault party will have to compensate the victim for their injuries.

Note: The compensation amount ordered at trial may be altered during the appeal process, especially if an appeal is successful.

Is Hiring an Accident Lawyer Worth It?

From the time a case gets put in motion to the last appellate judge banging their gavel, there are many stages and processes that would be incredibly hard to navigate without professional legal assistance. If an injury that was caused by another has robbed you of many things, you should pursue the best avenue for securing deserved compensation, and that’s hiring an accident lawyer.

Call 1-800-HURT-511 when you want to speak to our accident lawyers in the Bronx. The initial consultation is free and we work on contingency.

Posted in Personal Injury, Workers' CompensationTagged accident lawyer BronxLeave a Comment

What Are Work Comp Cases & What Do Work Comp Lawyers Do?

Posted on January 20, 2022January 11, 2023 by Vitaly

Work Comp Lawyer Brooklyn

Accidents are unavoidable. Moreover, even when all necessary precautions are taken, individuals still get hurt at their jobs. And when an injury or sickness is work-related, it’s likely the individual who sustained the injury/sickness will receive what’s known as workers’ compensation.

But receiving workers’ comp isn’t always easy, and such is why there are work comp lawyers out their. A work comp lawyer will be able to navigate through all the intricacies of the claims process for their client, and they can pursue necessary legal actions when an employer’s insurer refuses to compensate their client.

If you need a superior work comp lawyer in Brooklyn, call the Sanders Law Firm at 1-800-HURT-511. For years, we’ve been providing top-notch legal representation to individuals seeking workers’ compensation, and we’ll fight on your behalf so you get the compensation you deserve!

What Is Workers’ Compensation?

When an employee gets injured or falls ill due to a work-related accident or work conditions, they may be entitled to receive cash benefits or covered medical care. Both remedies are forms of workers’ compensation. Workers’ comp insurance is not funded by employees, rather its employers who bare the cost of maintaining coverage.

Who’s at Fault?

Fault is not a factor in a workers’ comp claim. In other words, the size of an award an injured employee receives is not determined by factors like negligence or maliciousness. If, however, an employee was under the influence of drugs or alcohol when they got injured, they possess no right to worker’ compensation. Similarly, if it was their intention to hurt themselves or others, they can’t seek compensation.

When an employee’s claim is approved, it is approved by their employer’s insurance company. However, insurance companies possess the right to dispute a claim. If an employee’s claim does get disputed, they may be able to receive disability benefits while the dispute gets resolved. If a claimant does accept disability benefits, and they later win the workers’ comp dispute, the amount they received in disability benefits will be subtracted from the amount they’re owed in workers’ compensation.

Workers’ Compensation Claim vs. Civil Lawsuit

Back in the day, an employee would have to file a lawsuit against their employer when they wanted to be compensated for a work-related injury or sickness. Things were made a lot easier when workers’ compensation was created.

Now, when an employee gets hurt at work, there’s no fault. All employees have a right to workers compensation’, and all employers, on the other hand, are protected from being sued over work-related injuries. However, just because an employee can’t bring a lawsuit against their employer doesn’t mean a lawsuit can’t be brought against someone else who bears responsibility for the injury. Similarly, the manufacturer of a defective product can be sued if their product caused a work-related injury.

What Injuries Are Covered by Workers’ Compensation?

In order to receive workers’ compensation, an employee has to be able to prove that their injury or sickness was a result of their work or working conditions. Here are some of the injuries that workers’ comp covers.

→ If you had a pre-existing condition and this was exacerbated or accelerated because of a situation at work. For example, you may have sustained a neck injury and not noticed until later.
→ If you get injured during a break, lunch hour, or work-related function, you’ll be entitled to receive workers’ comp.
→ If the facilities are what caused you to become injured or sick, you’re entitled to receive workers’ comp. (For example, if a chair that’s been provided by the company snaps while you’re sitting in it, and you get hurt from this, such could necessitate receiving workers’ comp.)
→ If you contract a serious disease because you were exposed to toxins at work, you’ll be entitled to receive workers’ comp.
→ If your mental and/or physical health have suffered as a result of more responsibilities and/or more work-related stress, you can be compensated for this.
→ An employee who gets hurt while pursuing a personal activity during working hours may also receive compensation.

What You Should Do if You Think You Have a Work Comp Claim

If you believe you’re owed workers’ compensation, here’s what you should do:

Report the Injury – You should do this in writing so you have a copy for your personal records.

Fill Out a Claim Form – When your employer is notified of the injury, they should give you a form to complete. If you don’t fill out the claim form, you won’t be able to receive workers’ compensation. You need to fill it out completely and make sure the information is specific. Photocopy this so you have a copy for your own records.

Employer Processes the Form – Once your employer has your workers’ comp claim form, they must file it immediately.

Note: If you don’t fill out a workers’ comp form immediately after you get hurt, it may be harder for you to receive compensation. The more time passes, the harder it’ll be to prove that your injury or sickness is work-related.

If the Claim Is Disputed – If your claim for workers’ comp eventually turns into a dispute, it’s at this point that you should reach out to a professional workers’ comp lawyer.

What Does a Work Comp Lawyer Do?

A workers’ comp attorney can help an injured employee file a claim for compensation, and they can also ensure the employee is accurately compensated for medical costs, lost wages, and mental anguish. And if the employee’s claim for compensation is disputed by their employer’s insurance company, a skilled and experienced attorney can defend the employee’s position.

An expert work comp lawyer in Brooklyn will know how to gather the evidence that’s needed to prove a case, and they’ll also be able to determine a reasonable compensation amount. Moreover, most of these lawyers work on contingency, so a claimant doesn’t have to pay up front.

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Everything You Need to Know About Workers’ Compensation Cases

Posted on January 19, 2022January 11, 2023 by Vitaly

Workers Compensation Lawyer Queens

Accidents are unavoidable, and such is true inside the workplace as it is outside of it. According to the US Bureau of Labor Statistics, 2.8 million non-fatal workplace illnesses or injuries were reported in 2019 by private employers alone, and this figure doesn’t even account for the scores of public sector workers who filed for workers’ comp that year.

Since injuries are unavoidable at the workplace, nearly every state has mandated that businesses with employees must purchase workers’ compensation insurance. Workers’ compensation insurance is no-fault coverage, which means an employer that possesses this coverage is protected from injury-related lawsuits. If an employee gets hurt on the job, it’s workers’ compensation insurance that pays for their medical bills and lost wages.

But filing a workers’ comp claim is a lot easier than securing compensation, as often these claims are disputed. To ensure the filing process is simple, many potential claimants seek help from a workers comp’ lawyer. These lawyers know how to navigate the complexities of the claim process, and they know how to determine an accurate and fair compensation amount.

Call 1-800-HURT-511 and speak with our workers’ compensation lawyers in Queens when you believe you’re owed workers’ compensation. It’s best to reach out to us before you begin the claim process, as this way you can pursue an effective strategy from the start.

What’s the Process for Filing a Workers’ Compensation Claim?

There’s a specific process one must follow to file a workers’ comp claim. If an injured employee deviates from this process, or if they delay pursuing it, then they may not be able to receive compensation.

What the Injured Employee Must Do

First, an employee who’s been injured at work must fill out the appropriate form—within a specified time frame—to get the claim process in motion. States have different filing time frames, and some require a claim to be filed within 72 hours after the injury occurred, whereas others give the injured employee as many as 30 days to file a claim. And in some states, an injured employee has a couple years to file a claim after they get injured.

What the Employer Must Do

Once the employee notifies their employer of the work-related injury, there are certain things that the employer must do. And when it comes to notifying an employer of an injury, it’s best for the injured employee to make a report in writing, as this way they’ll have a copy of the report for their records.

Once the employer knows that their employee has been injured, they must:

→ Help their employee get medical attention.
→ Investigate the accident scene to ensure the hazardous situation is no longer present. If it is, it must be properly marked.
→ Get a documented account of what happened and talk to witnesses, take pictures, etc.
→ File the employee’s claim with the business’s insurance provider.

Note: In some states, documentation must be provided to the workers’ comp board as well.

Note: An employer may refuse to file a workers’ compensation claim if they believe it to be fraudulent.

Once a claim has been filed, it’ll either be accepted or denied by the employer’s insurance provider. When an injured employee’s claim gets disputed, they should seek professional legal assistance—if they haven’t already—so their claim has a better chance of being approved.

How Is Fault Established in a Workers’ Compensation Claim?

Fault isn’t a factor, in the traditional sense, in a workers’ comp claim. The employer assumes absolute fault for all work-related injuries, and restitution for these injuries is paid out by the employer’s insurance company. However, there are instances when an employee is precluded from seeking workers’ compensation for injuries.

What’s Not Covered by Workers’ Compensation

For example, if the injury was self-inflicted, an employee won’t be able to claim compensation. Also, if the injury was caused by fighting or horseplay, or if the employee was under the influence of drugs or alcohol when they got hurt, compensation can’t be sought. And if an employee was violating company rules or committing a crime when they got hurt, they can’t seek restitution. If an employee’s claim is denied on any of the grounds above, it’s here where having professional legal representation is useful.

But just because fault can’t be placed on an employer doesn’t mean others can’t be sued for damages. For example, if an employee gets hurt by a piece of defective machinery, they may be able to sue the manufacturer. A workers’ compensation lawyer will be able to identify all the parties who bear responsibility for their client’s injuries.

What Injuries Are Covered by Workers’ Compensation?

Countless work-related injuries are covered by workers’ compensation, but according to OSHA and the National Safety Council (NSC), the most common injuries are:

→ Muscle sprains and tears
→ Bone fractures
→ Head injuries
→ Cuts and lacerations
→ Repetitive strain or stress injuries (RSI), like carpal tunnel, tendinitis, and back pain
→ Injuries that result from slipping and falling

OSHA refers to the injuries below as the “fatal four”, as they often result in death:

→ Electrocution
→ Getting crushed
→ Being struck by an object or equipment
→ Falling

What Should Be Done After You Get Injured at Work?

When an employee gets injured at their job, and the injury is covered by workers’ comp, there’s no limit or exclusion governing how much money the injured employee can get. The amount of compensation is commensurate to the total cost of medical bills, lost wages, and rehabilitation.

Usually, a workers’ comp case will get resolved quickly and seamlessly if there’s a skilled lawyer representing the claimant. It’s been found that only 7% of workers’ comp claims are denied, and that only 5% of disputes go to trial. Usually these claims are settled out of court and in accordance with workers’ comp laws and regulations.

What Will a Workers’ Compensation Lawyer Do for Their Client?

A workers’ compensation lawyer will help their client file a claim, and they’ll also serve as an advocate if their client’s claim gets disputed. Most employees aren’t capable of pursuing compensation in a timely manner after they’ve been injured. But with a workers’ comp lawyer on their side, an injured employee can leave all the hassles to their lawyer. Moreover, the lawyer will only get paid if a settlement is reached.

Call us at 1-800-HURT-511 when you want to speak with our workers’ compensation lawyers in Queens. We’ve secured hundreds of favorable judgments for our clients.

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What Is Medical Malpractice?

Posted on January 3, 2022January 11, 2023 by Vitaly

Medical Malpractice Lawyer Long Island

Doctors, nurses, paramedics, emergency medical professionals, and other health care providers are expected to deliver quality care, and when they fail to do so, such can constitute medical malpractice. Of course individuals get sick and injured all the time, and in the majority of instances medical professionals act appropriately in the course of delivering aid. But when negligence causes a medical professional to fail to deliver an “acceptable standard of care”, they should be held liable.

Call 1-800-HURT-511 and speak to the expert medical malpractice attorneys at the Sanders Law Firm. For over 50 years, our dedicated and unwavering medical malpractice lawyers in Long Island have represented victims and their families, fighting for the compensation these individuals deserve.

Acceptable Standard of Care

Acceptable standard of care is a critical element in defining medical malpractice. For a medical professional to deliver an acceptable standard of care, they have to follow accepted practices and procedures, and these are established by state medical boards. In other words, when treating a patient, a medical professional is expected to treat the patient in the same way a fellow medical professional in the local area would treat a patient who’s suffering from the same disease or disorder.

To prove that an acceptable standard of care was not delivered, an attorney would rely on the testimonies of expert medical witnesses. These individuals would be experts in the kind of medicine practiced by the defendant, and they’d also be from the same region as the defendant. And to show that the failure to deliver quality care resulted in injury to the patient, additional medical experts will be needed. These individuals will also be able to show just how damaging this failure to deliver quality care was.

Elements of a Medical Malpractice Claim

To show that a medical professional’s actions or inactions constitute medical malpractice, all of the elements detailed below have to be established.

Doctor-Patient Relationship

The first element is establishing that the plaintiff had a physician-patient relationship with the defendant. The plaintiff would have had to hire the medical professional and the medical professional would have had to agree to be hired. This element should be easy to prove if a relationship did exist, but sometimes things get complicated, like when a consulting physician doesn’t interact with a patient directly but provides recommendations that affect their treatment.

Example: If a medical professional gives an individual passing advice at the grocery store, the receiver of the advice can’t turn around and sue the medical professional for malpractice.

Negligence

If an individual’s health gets worse midst a medical procedure or treatment, this isn’t necessarily the fault of the medical professional who’s treating them. In order for a medical professional to be held liable for medical malpractice, it must be established that the medical professional acted negligently in the course of delivering treatment. Failure to diagnose and misdiagnosing also constitute negligence.

To prove negligence on the part of a defendant, it must be established that a competent medical professional—operating under the same circumstances as the defendant and possessing similar experience and expertise—would not have delivered inadequate care. A medical professional is not required to deliver the best care, but they are expected to deliver an acceptable standard of care. If it can be proved that the defendant deviated from this acceptable standard of care, it’s likely they will be held as negligent.

Negligence Resulting in Injury

Since the vast majority of medical malpractice cases involve individuals who are sick or injured, a profile of a plaintiff’s health—before they received treatment from the defendant—must be established. If the plaintiff’s condition worsened after receiving treatment, then it must be shown that this decline was the result of poor medical treatment and not the natural course of a disease or injury.

For example, if an individual dies after receiving cancer treatments, it must be proven that improper delivery of treatments—or perhaps a misdiagnosis—caused the individual’s death and not natural progression of the cancer. To prove a worse condition is the result of medical malpractice lawyer in Long Island and not a natural result of a disease or injury, testimony from an expert medical professional will again be required.

Injury Resulted in Damages

In order for a medical professional to be held liable for medical malpractice, it must be proved that their negligence directly injured the patient. In other words, delivering poor care doesn’t alone constitute malpractice; an individual needs to be directly harmed by the medical professional’s negligence. Below are damages that are often associated with medical malpractice:

→ Physical injury
→ Mental anguish
→ Additional medical bills
→ Loss of work and/or earning capacity

Recklessness

While recklessness is rarely the cause of medical malpractice, there have been instances where recklessness on the part of a medical professional has led to injury and even death. For example, if a doctor performs surgery while under the influence of drugs or alcohol, such constitutes reckless endangerment. Similarly, a medical professional could be found to have acted recklessly if they administered an excessive amount of medication.

Common Types of Medical Malpractice

There are many kinds of medical malpractice. Therefore, if you’re a Long Island resident and you believe you’re a victim of medical malpractice, you should call medical malpractice lawyers in Long Island, as they’ll know right away whether you have a case or not. Below are some common types of medical malpractice.

Failure to Diagnose

If a medical professional fails to diagnose an illness that they should’ve seen—or if they misdiagnose an individual and such leads to a worse health outcome for the patient—then the medical professional can be held liable for medical malpractice.

Improper Treatment

If a medical professional treats a patient in a way that deviates from accepted practice, such can constitute medical malpractice. Similarly, if a doctor pursues an accepted treatment but delivers it improperly, they may be held liable for medical malpractice.

Failing to Disclose Known Risks

If a medical professional doesn’t warn a patient about the known risks that are associated with a procedure or treatment, this can constitute malpractice. A patient must be informed of all known risks before they can consent to treatment.

Posted in Workers' CompensationTagged medical malpractice, Medical Malpractice Lawyer Long IslandLeave a Comment

Category: Workers’ Compensation

Step One: Ask For Recommendations

Step Two: Search For Injury Lawyers Near You Online

Check Lawyer Reviews Sites

Step Three: Create A Short List Of Candidates

Examine Credentials, Experience, Associations & Awards

Step Four: Select Three Interview Candidates

Step Five: Consult With The Lawyers

Step Six: Determine Which Lawyer Is Best For You And Hire Them

What Are You Looking To Get From Hiring A Workers’ Comp Lawyer?

How To Search For A Workers Comp Lawyer Online

What To Look For In A Workers Compensation Lawyer

Which Workers Compensation Lawyers Are Best In NYC?

Workers Compensation Law FAQ

What Is Workers’ Compensation?

Are Businesses Required To Have Workers’ Compensation Insurance?

What Is Workers’ Compensation Used To Cover?

Which Injuries Are Not Covered By Workers’ Compensation?

Do Employees Pay For Workers’ Compensation Benefits?

What Should An Employee Do If They Get Hurt On The Job?

How Is A Workers’ Compensation Claim Supposed To Be Filed?

How Often Do Workers’ Comp Claims Go To Trial?

How Often Do Workers’ Compensation Claims Get Rejected?

How Big Are Workers’ Compensation Awards?

Is Hiring A Workers’ Compensation Lawyer Worth It?

Workers Comp Lawyer FAQ

Are All NYC Employers Supposed To Carry Workers’ Compensation Insurance?

When Should A Work-Related Injury Or Illness Be Reported?

How Should A Work-Related Injury Or Illness Be Reported?

What’s The Statute Of Limitations For Filing A Workers’ Comp Claim?

Does The Employer Or The Employee File A First Report Of Injury Or Illness Form?

What Factors Influence The Size Of A Workers’ Comp Award?

What’s Not Covered Under Workers’ Compensation?

Can An Employee Get Compensated If A Work-Related Injury Made A Preexisting Condition Worse?

Who Provides Medical Treatment To Those Facing Work-Related Injuries?

Is Hiring A Workers Comp Lawyer Worth It?

Where Do Motorcycle Accidents Happen Most Often?

Why Do Motorcycle Accidents Happen?

What Damages Are Recoverable From A Motorcycle Accident?

What Should Be Done Immediately After A Motorcycle Accident?

Is Hiring A Motorcycle Lawyer Worth It?

Are Bicyclists Considered Pedestrians?

Where Do Bicycle Accidents Happen Most Often?

What Should Be Done Immediately After A Bicycle Accident?

What Happens When A Bicyclist Is Hit By An Uninsured Driver?

What Happens If A Bicyclist Is Not Wear A Helmet At The Time They Get Injured?

Is Hiring A Bicycle Accident & Motorcycle Lawyer Worth It?

Workers Compensation Attorney Bronx

The Workers’ Compensation Claim Process: Step by Step

Why Do Workers Comp Claims Get Denied?

How Is a Total Compensation Figure Calculated?

Is Hiring a Workers Compensation Attorney Worth It?

Workers Compensation Attorney Bronx

Accident Lawyer Bronx

Step One: An Event That Results in an Injury Occurs

Step Two: A Complaint Is Filed and the Defendant Is Served

Step Three: Discovery

Step Four: Trial

Is Hiring an Accident Lawyer Worth It?

Accident Lawyer Bronx

Work Comp Lawyer Brooklyn

What Is Workers’ Compensation?

Workers’ Compensation Claim vs. Civil Lawsuit

What Injuries Are Covered by Workers’ Compensation?

What You Should Do if You Think You Have a Work Comp Claim

What Does a Work Comp Lawyer Do?

Work Comp Lawyer Brooklyn

Workers Compensation Lawyer Queens

What’s the Process for Filing a Workers’ Compensation Claim?

How Is Fault Established in a Workers’ Compensation Claim?

What Injuries Are Covered by Workers’ Compensation?

What Should Be Done After You Get Injured at Work?

What Will a Workers’ Compensation Lawyer Do for Their Client?

Workers Compensation Lawyer Queens

Medical Malpractice Lawyer Long Island

Acceptable Standard of Care

Elements of a Medical Malpractice Claim

Doctor-Patient Relationship

Negligence

Negligence Resulting in Injury