Passenger Injured in Motor Vehicle Accident
Passengers injured in motor vehicle accidents should be aware of the procedures that are in place to process medical treatment and litigation. Some people do not realize that No-Fault will cover the medical expenses for a passenger of a vehicle; not just the driver. It is important to notify the medical providers that the injuries are the result of a motor vehicle accident so that the No-Fault forms are completed in a timely fashion. This will avoid time consuming corrections after the fact. As far as litigation is concerned, one particular point often evokes feelings of discomfort on the part of passengers. It is quite often in the best interest of the passenger to file the suit against the driver of the vehicle they were in as well as the driver of the other vehicle. This is due to the fact that a question of liability may exist which is indeterminable at the time the lawsuit is filed. In order to ensure that the passenger will be compensated for the injuries they sustained, the driver of both vehicles should be named as Defendants. More often than not, this means that passengers should have a different personal injury attorney than the driver of the vehicle they were riding in. There are extenuating circumstances that are exceptions to this thought however. One thing is for sure though. Seeking the advice of legal counsel as soon after the accident as possible can strengthen your case. Not because the attorney will change or shape the story of what happened, but rather, because the attorney will guide the processing of the case from the onset to help expedite your claim and move you towards any possible recovery.
Personal Injury Attorneys
If you or a loved one were involved in a motor vehicle accident, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak to an attorney today!
Construction Site Falls
When a worker gets injured by falling into a trench on a construction site, liability may be more of a hurdle than most people think. There are several facts surrounding the accident that will determine whether the contractor or property owner has liability. One of the most interesting points of contention is whether covering the trench to protect the workers is inconsistent with an integral part of the job. This would mean that covering a trench is not necessary if it would frustrate the purpose of the construction job itself. The Court in Salazar v. Novalex Construction Corp., 18 N.Y.3d 134, 960 N.E.2d 293 (2011) gives us this conclusion. Industrial Code violations necessary for assigning liability in certain labor law claims may depend on whether the uncovered trench is deemed to have been necessary to complete the job.
Obviously, there are other types of falls that can cause injuries on a construction site. All falls do not involve trenches. It is important to discuss the specifics with an attorney as soon after an accident as possible to put together a plan to prepare your case for litigation. Time can be a major factor in preparing a case because evidence can be lost and or destroyed over time. Construction sites are dynamic and demand immediate investigation in order to protect your interests. Delaying can harm or even destroy your case. Knowing exactly what information and investigation is necessary should be left to the expertise of your labor law attorney. After discussing the investigation strategy with your labor law attorney, you will understand the value of the role the attorney plays in labor law litigation.
Labor Law Attorneys
If you or a loved one are injured in a construction site accident, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak to a labor law attorney.
NYC Bicycle injuries
Unfortunately, people that live in congested cities like New York City take their lives in their hands when they choose to walk around their neighborhood or ride their bikes to work. Even when following all of the rules of the road, bicyclists are at risk of being struck by motor vehicles whose drivers simply don’t notice them. Sadly, when accidents happen, riders are seriously injured and even killed. This recent article by Joseph Stepansky is a reminder of how quickly a casual bike ride can become a devastating loss.
If you or a loved one were injured in a motor vehicle accident, whether as a pedestrian, a bicyclist or while you were in a vehicle, please call (516) 858-2620 to speak to with a Personal Injury attorney today!
Legal Procedure Decision
In Roseman v. Baranowski, 2014 NY Slip Op. 05635, the Second Department allowed Plaintiff leave to amend the summons and complaint in order to add a doctor as a defendant after EBT’s (depositions) were conducted. Plaintiff’s reason to add the doctor was that the doctor was “united in interest” with the original Defendants. The Court focused on the fact that the doctor being added either knew or should have known that he should have been included in the original action. More specifically, using the relation back doctrine, the Court considered if the new Defendant had notice within the applicable statute of limitations period. Hospital records listing work performed by new Defendant were used as proof of the new Defendant’s notice.
This case illustrates the importance of correctly bringing an action against all parties in interest. Failure to include a party can be detrimental or fatal to your case.
As always, if you have questions regarding the commencement of an action, call The Law Firm of Vaughn & Weber, PLLC at (516) 858-2620 to speak with a Litigation Attorney today!