What can pursuing a wrongful death case mean for the children, spouse, or parents of the decedent (the person who was killed)?

Pursuing a wrongful death case against a negligent party for the death of a loved one can help the surviving family members cope with their financial losses for sudden final expenses and unexpected loss of income from a contributing household member.

If you recently lost a loved one due to someone else’s negligence in a car accident, workplace accident, pedestrian accident, or bicycle accident, or you suspect that your loved one died due to medical malpractice, contact our wrongful death attorneys at The Harrison Law Group, P.C. on Long Island in New York.

How do the decedent’s earnings factor into a wrongful death case?

The decedent’s expected lifetime earnings are one prospective type of economic damages a family may recover in a wrongful death case. Other economic damages may include:

• Final expenses for medical bills, funeral, and burial
• Expected benefits, including pension, retirement funds, and medical benefits
• The estimated value of services the victim would have added to the household
• The lost value in inheritance due to a premature death

What are treble damages in a wrongful death case in NY?

Treble damages are a specific type of punitive damages where the court triples the actual damages awarded to the plaintiff if the defendant’s actions were found to be particularly reckless, malicious, or intentional.

If the court determines that the liable party’s actions in causing the accident that took the life of your loved one warrant punishment, the court may award punitive damages on top of economic and non-economic damages in your case.

What are some examples of especially bad behavior contributing to a wrongful death that may lead to punitive damages in New York?

Although punitive awards are rare in New York, causing an accident that leads to a person’s death may lead to punitive damages if:

• A drunk driver was speeding in a school zone and killed a child
• A nursing home resident died due to neglect
• A manufacturer was aware of a defect and continued to sell a product
• A medical practitioner altered medical records to hide medical malpractice

When you need a wrongful death attorney for your case, turn to the experienced team at The Harrison Law Group, P.C. Call today or contact us online to schedule a free case consultation and strategy session with a wrongful death lawyer on Long Island in New York.

Can workplace accidents lead to both Workers’ Comp & Personal Injury Claims?

Yes, some workplace accidents can lead to both worker’s compensation claims and personal injury lawsuits. Workers’ comp works on a no-fault basis, while personal injury cases require a victim to prove negligence by a liable party.

You must prove a negligent party’s action or inaction led to your injuries in a personal injury lawsuit, whereas worker’s comp will pay your medical expenses and part of your lost wages regardless of fault. A workplace accident attorney with our firm can help.

Are there types of workplace accidents in New York for which associated injuries would not qualify for Workers’ Compensation or a valid personal injury claim because of risks inherent in a dangerous job?

Even jobs that include inherent risks, such as falling from a scaffold in construction or developing “welder’s eye” in welding, still offer coverage under workers’ compensation policies. Your employer must adhere to safety precautions put in place by OSHA and other regulatory bodies, such as providing PPE and training to reduce the risk of injury.

If your employer failed to provide the appropriate equipment or training, you could have a valid personal injury claim against them for negligence that led to your injuries.

What should I do if my employer is hesitant, hostile, or delayed in proceeding or cooperating with Workers’ Comp processes following my workplace injury in NY?

You must notify your employer within 30 days of your work-related accident or illness. If your employer fails to uphold the appropriate steps in filing your worker’s comp claim with the appropriate departments, you may contact the Workers’ Compensation Board and file a claim directly on their website. Contact a workplace accident lawyer to ensure that you follow all necessary steps.

I suffered a repetitive stress injury at work, but my similar work for one or more other employer(s) previously in my career may have contributed to the cumulative stress causing the injury. Would I have a Workers’ Comp claim that would involve more than one of these employers?

It is unlikely that the claim would affect your previous employer. Instead, file Employee Claim (Form C-3) to report your current injury to the Board, along with a Limited Release of Health Information (Form C-3.3) for your previous injury.

Contact us at The Harrison Law Group, P.C., for help from an experienced workplace accident law firm. Call today or contact us online to schedule a free case consultation and strategy session.

How do the emotional or noneconomic damages, such as pain and suffering, factor into the value of a premises liability case on Long Island?

Compensation may include economic damages for medical bills, lost wages due to time off from work for your injuries, and non-economic damages for intangible losses like pain and suffering, emotional distress, or loss of quality of life.

Because non-economic damages don’t have a set cost on an invoice, you need an experienced premises liability lawyer to help you determine the value of those losses.

Who is responsible if I slip and fall on the sidewalk outside a store due to slippery icy conditions?

A store owes customers and guests a duty of care, meaning that the store is responsible for maintaining the premises for the relative safety of anyone visiting the store. If the store failed to prepare the sidewalk with salt or place a barricade around an icy patch after becoming aware of the risk, the store breached its duty of care.

Is the business liable for my slip-and-fall injury if I fall in an icy parking lot during or after a wintry weather event? How much effort does the business need to make to prevent such injuries? Is there an amount of shoveling, plowing, or chemical salt that could clear the business of liability in NY? How much nonaction constitutes negligence?

A business could be liable for your injuries if you can prove they were negligent in tending to the area as required. If the business took no action, or its action was inadequate to address the danger, your claim may be valid. However, enough time must have passed since the event for the store to have noticed the danger and taken steps to prevent injuries.

How long does a grocery store floor need to be wet before the manager or employees should have known about the problem and prevented injury? What steps would be reasonably sufficient to prevent potential injuries? At what point is the grocery store negligent, and at what point would the grocery store be liable for a shopper’s slip-and-fall injuries?

There is no set amount of time, just a reasonable amount of time for an employee or manager to have noticed and addressed the danger. For example, in a busy convenience store, if the single clerk on duty has had a line for the past 20 minutes, they’ve likely been too busy to notice a hazard. However, if the store had been empty, the clerk should have been restocking the shelves and seen the spill.

Turn to our Long Island premises liability attorneys at The Harrison Law Group, P.C. Our premises liability law firm has years of experience representing injured clients hurt on commercial or municipal properties. Call us today or complete our contact form to schedule a free case consultation and strategy session.

What actions should I take if my loved one suffers from the effects of neglect in a nursing home in New York, such as bedsores, malnutrition, dehydration, or serious infections?

To report signs of abuse or neglect in a nursing home, begin by gathering evidence. Include statements from the victim and witnesses, photos of injuries, the victim’s financial statements, and incident reports. Once you have the evidence, file a complaint with the appropriate organization, including:

• The online Department of Health Nursing Home Complaint Form
• The Nursing Home Complaint Dedicated Hotline at 1-888-201-4563

Staff who witness abuse can also use the Health Commerce System to submit the Incident Reporting Form. The Centralized Complaint Intake Unit will investigate all complaints, including interviewing patients, family members, and nursing home staff. A nursing home abuse lawyer from The Harrison Law Group, P.C. can help you submit the appropriate forms and evidence.

What can family members do to keep track of and protect their loved one’s finances while in a nursing home, and what steps should someone take if they suspect financial abuse?

Some nursing home staff members may take advantage of their access to your loved one’s finances. They may forge signatures, steal cash or personal property, or cash checks without a patient’s knowledge or permission. Additionally, discovering financial abuse is more difficult now with so many technological solutions to finance management.

Family members must monitor bank accounts, pension funds, personal property, wills, trusts, stocks, and real estate holdings.

What steps can I take to identify whether my loved one’s behavioral changes since entering a nursing home are signs of psychological or emotional abuse?

Behavioral changes that may indicate mental or emotional abuse include loss of self-esteem, avoiding eye contact, and increased anxiety. “Shrinking” to avoid the attention of an abuser is a common threat response among those who have suffered psychological or emotional abuse.

Abusers commonly use verbal abuse, intimidation, isolation, and humiliation to abuse elderly nursing home residents. These don’t leave visible signs, so you need to look for changes in behavior and mood.

When you need a Long Island nursing home abuse attorney for your loved one, turn to The Harrison Law Group, P.C. Our nursing home abuse firm has years of experience representing nursing home patients and their families. Call us today or complete our online contact form to schedule a free case consultation and strategy session.

How would the presence/absence of a chain, leash, or invisible fence affect a dog bite injury claim on Long Island in NY?

Long Island follows a “one-bite rule” that determines an owner is liable if their dog has bitten someone before. If the owner had the dog on a chain or leash or used an invisible fence, you will have a harder time proving negligence. However, you may be able to prove the owner used too long of a leash or allowed their invisible fence subscription to lapse.

How does it affect my dog bite case if the dog’s owner was or wasn’t aware that the dog was dangerous? What do I have to do to prove a dog’s vicious propensity, indicating a history of violence?

To file a claim against a dog owner for a dog bite on Long Island, you do not need to prove negligence to recover costs for your injuries if the owner knew their dog could injure someone.
If you suffer a bite injury, be sure to file a complaint with animal control and ask the officer if there have been any previous complaints about the animal while filing your report. A dog with a previous incident would have a vicious propensity.

Do I have a dog bite case in NY if another person’s dog attacks my pet, service dog, or farm animal?

You may have a valid claim if another person’s dog attacks a pet, service animal, or livestock. The owner may also pay a fine not exceeding $400. You can also file a report with animal control about the incident. It may help someone file a dog bite claim in the future against the dangerous dog.

A dog is a “dangerous dog” if it has previously attacked a person, pet, service animal, or farm animal without provocation and caused injury or death.

Will a dog that bites be destroyed (euthanized) on Long Island?

Under certain circumstances, a dangerous dog may be destroyed or ordered to be confined by the owner and only allowed out on a leash and muzzle to relieve itself or for medical treatment. The court will decide after a hearing with the dog owner following a complaint.

When you need an experienced Long Island dog bite lawyer, turn to The Harrison Law Group, P.C. Our dog bite law firm offers a free case consultation and strategy session. Call today or complete our contact form to schedule a meeting with a dog bites lawyer on Long Island, NY.

Will the injuries I have suffered from my construction accident make me eligible for workers’ compensation on Long Island in New York, and could my situation involve a personal injury case along with a workers’ comp claim?

You may be able to file a lawsuit in addition to your workers’ compensation claim. A Long Island construction accident attorney can help you determine liability, prove negligence, and pursue compensation for:

• Medical bills
• Future medical expenses
• Additional treatment measures (physical therapy, in-home care, medical devices, etc.)
• Lost wages
• Diminished earning capacity
• Non-economic damages (pain and suffering, loss of enjoyment of life, emotional distress, etc.)

How will the negligence of the person or people who caused my injury on a construction site factor into the viability of my construction accident case on Long Island, NY?

You must be able to prove negligence by the liable party in order to support your claim in a personal injury case. Whether that’s a manufacturer that sold defective PPE or a subcontractor also working on-site failing to follow appropriate safety regulations, you as the plaintiff have the burden of proof, and must prove negligence.

How can I seek recovery for my lost wages from missed work, medical expenses, physical therapy, and lost future earning capacity following a construction accident?

Your worker’s compensation claim may only cover limited expenses and lost wages incurred from your injuries. You should speak with an experienced construction accident lawyer from The Harrison Law Group, P.C., as soon as possible after suffering a workplace injury.

While worker’s compensation is a no-fault compensation system, you may be able to file a personal injury claim against a negligent employer, subcontractor, manufacturer, or property owner.

How can I seek damages for lost quality of life and pain and suffering following a construction accident? How are these values determined?

Damages for pain and suffering or loss of quality of life are “non-economic damages.” Unlike medical bills and physical therapy, there is no set cost to assess from an invoice for these losses. Instead, your Long Island construction accident attorney can use their years of experience in construction accident cases to evaluate your non-economic damage claim and determine a fair settlement for these damages.

For help with a construction accident case on Long Island, turn to the experienced personal injury attorneys at our construction accident law firm at The Harrison Law Group, P.C. Call us today or complete our contact form to schedule a free case consultation and strategy session.

How does the injured person’s age affect a personal injury case, and how are these cases treated differently from a personal injury case for an adult on Long Island, NY?

In NY, minors and adults have the same right to compensation for bodily injuries. However, there are some differences between child and adult personal injury cases. For example, while the statute of limitations is three years for adults, minors can usually file a claim up to three years after they turn 18.

Our Long Island child injury law firm can help you navigate the specifics of a minor’s personal injury claim.

How is liability determined for child injuries suffered in a school? Is this different for a private school versus a public school?

You can hold both public and private schools liable if your child suffers an injury on school premises. However, public schools are government entities, whereas private schools follow the usual provisions of civil law. An experienced child injury lawyer of the Harrison Law Group, P.C., can help you understand how your personal injury claim would work based on the private vs. public status of your child’s school.

Do I have a case if my child suffered an injury while participating in youth sports or athletics?

Whether your child sustained an injury during sports practice or a competitive game, you may be able to seek damages if you can prove your child’s injury occurred because of someone else’s actions (or lack thereof), like inadequate supervision. Liable parties may include coaches, athletics departments, or other minor players’ parents or guardians. Your child’s school may also carry liability if the sports injury occurred on school premises or under school staff supervision.

Your insurance company may cover injury-related expenses, but you can also file a claim against the at-fault party for damages beyond your insurance coverage cap.

Can I still pursue legal action if I signed a waiver of liability?

Even if you signed a waiver of liability, you can still pursue legal action on your child’s behalf. NY law exempts minors from any contract terms, so a waiver wouldn’t be enforceable if your child suffers an injury at school or during a sports activity. Moreover, even an enforceable waiver wouldn’t override negligence.

Did your child suffer an injury? At The Harrison Law Group, we take care of your entire personal injury claim process while you focus on your child’s recovery. Schedule a free case consultation and strategy session with a Long Island child injury attorney today.

What long-term expenses are at risk of being neglected or undervalued as damages in a catastrophic injury case? What can I do to ensure these damages are properly acknowledged in my case?

Overlooked or undervalued costs after catastrophic injuries often include possible future surgeries, treatment-associated travel costs, live-in assistance, specially designed medical equipment, home updates to accommodate disabilities, and more. An experienced catastrophic injury lawyer from The Harrison Law Group, P.C., will assess your case and factor in all future expenses while helping you pursue a personal injury claim.

For what noneconomic damages might someone seek compensation in a NY catastrophic injury case?

Possible noneconomic damages in NY catastrophic injury cases include physical suffering, mental trauma, visible disfigurement or scarring, reduced quality of life, and loss of consortium. The total value of your noneconomic damages usually depends on the severity of your injuries.

How do age, education, and perceived lost earning potential factor into the valuation of a catastrophic injury case on Long Island, NY?

As a rule, accident victims with higher potential lost earnings may expect to collect larger settlements. Age, education, and profession are important factors in determining lost earnings.

Younger victims are usually awarded more compensation since they have more years until retirement, hence they lose more potential income. Similarly, if you have a degree or a high-earning job, you may claim higher potential earning losses.

What is the range of variation for the duration of a catastrophic injury case on Long Island, and how do medical care and physical therapy factor into the duration of such a case?

Most personal injury claims settle within a few months, but in severe and permanent injury cases, our catastrophic injury law firm may recommend waiting several months to a year before beginning the claim process. The waiting period allows us to assess your MMI (Maximum Medical Improvement) more accurately. MMI refers to how much your injuries can improve with treatment, which affects your settlement.

What is a life care plan in relation to a catastrophic injury case in NY?

A life care plan includes all your prospective lifelong needs following your catastrophic injury, such as medical equipment, vehicle and home modifications, nursing care, physical therapy, occupational therapy, daily living expenses, and more. A detailed life care plan is important for accurately calculating damages in catastrophic injury claims.

For legal support throughout your catastrophic injury case, schedule a free case consultation and strategy session with a Long Island catastrophic injury attorney.

How do car or medical insurance factor in my case if I was injured in a motor vehicle accident on Long Island, NY, due to someone else’s negligence?

Medical insurance in NY works on a no-fault basis, meaning your insurer should cover your medical costs up to a certain threshold. However, serious injuries may fall outside the no-fault system, in which case the at-fault driver’s insurance would be responsible for reimbursing you. The at-fault party should also cover damages to your vehicle.

If I was a passenger of a driver whose negligence caused the accident that led to my injuries on Long Island, how would car insurance or medical insurance factor into my case?

If you sustained injuries in an accident while riding in another person’s vehicle, New York’s no-fault system states that the driver’s Personal Injury Protection (PIP) insurance would typically cover your medical costs, regardless of who caused the accident. However, you can also make a fault-based claim against the driver if your accident led to serious injuries. Our motor vehicle accident law firm will listen to you and devise a legal strategy after a car accident.

What does it mean for my case if the driver whose negligence led to the accident that caused my injuries worked for an organization (trucking company, trade service company, or rideshare) or the city/state (bus or USPS)?

It depends on whether the at-fault’s driver was the company’s employee or an independent contractor. Trucking and delivery companies may share liability for accidents, but ridesharing companies like Lyft and Uber work on an independent contractor system, so you wouldn’t be able to sue the ridesharing company for damages.

A Long Island motorcycle accident attorney or car accident lawyer of The Harrison Law Group, P.C., will explain how liability works in your case and guide you through the steps of your personal injury claim.

Who may be liable for a motor vehicle accident involving a company truck?

In commercial truck accidents, liability may be split between several parties, including the truck driver, the driver’s direct employer or supervisor, the trucking company, and even the companies responsible for truck maintenance and cargo loading. Our legal team can help you understand who takes responsibility in your accident case.

Motor vehicle accidents can be traumatic and confusing. At The Harrison Law Group, P.C., we relieve the pressure from you so you can focus on your recovery. Schedule a free case consultation and strategy session with a Long Island motor vehicle accident attorney today.