NEW YORK — After you’ve been hurt in New York through no fault of your own, you might consider asking a personal injury lawyer near you for advice. Whether you slipped and fell on city property or were injured in a severe automobile crash due to another driver’s careless actions, you deserve justice for what you have suffered. The reality is that most personal injury lawyers are highly selective about the cases they accept.
After a case evaluation with a lawyer, you might be puzzled to find that they refused your accident case. There are many possible reasons for this. Understanding them may help you find the right Manhattan personal injury attorney for you.
4 Reasons a Lawyer Might Refuse your Personal Injury Case
You didn’t suffer sufficient damages.
One of the most difficult challenges a Manhattan personal injury lawyer may face is to prove to the court that your injuries were a result of the accident in question. For example, many people develop back pain over time. Although an accident may have caused you to notice your back pain more, it didn’t necessarily cause the injury. When there’s a more severe injury, such as a bone fracture, it must’ve been caused by a specific event like a car crash or a slip and fall.
There’s no one to hold liable for your injuries.
Unfortunately, even if you weren’t at fault for the accident in which you were injured, there might not be a party to hold liable for damages. Attorneys must prove four main elements in most personal injury cases:
Someone else owed you a duty of care
The person who owed you that duty breached it
The breach of that duty caused your accident
The accident the breach of that duty caused resulted in damages
Sometimes, forces outside of anyone’s control lead to accidents that cause injuries. For example, if you’re driving in a thunderstorm and lightning strikes your vehicle causing a crash, there isn’t a party to hold responsible. An attorney who doesn’t believe he can prove all four elements might not be able to take your case.
The attorney isn’t the right fit for your case.
Thousands of lawyers throughout the state of New York practice personal injury law; however, not all are qualified to take all kinds of personal injury cases. An attorney who mainly handles worker’s compensation cases will likely refuse a medical malpractice case due to lack of familiarity with malpractice cases.
Attorneys also tend to avoid taking cases they don’t think they can win. If an attorney denied your particular case, they might be acting with your best interests in mind. After all, you only get one shot to file a personal injury claim. If you lose, you may not be entitled to receive any compensation for that accident… ever.
Before your next consultation, be sure to ask questions about the attorney’s experience resolving cases like yours.
The lawyer or law firm can’t handle the size of your case.
Personal injury firms come in all sizes. If an attorney turned you down and you believe you have considerable damages, it’s possible that your case was simply too big to handle. Some boutique law firms limit the amount of cases they take and might not have the proper resources to bring your case to trial, if necessary. Other firms might refuse claims beneath a certain value.
As one of the largest personal injury firms in America, Cellino & Barnes has prosecuted cases of all shapes and sizes. If you have any questions about what type of case you might have, or what challenges your case may face, contact a Manhattan personal injury lawyer at Cellino & Barnes for a FREE case evaluation.
Do You Have a Personal Injury Claim in New York?
At Cellino & Barnes, we have a robust team of attorneys who have experience in all areas of personal injury law. Don’t hesitate to contact our firm to understand what you can expect from pursuing a lawsuit for damages. We’re happy to review your case at any time of day to help you take the right steps to get back on your feet. Contact a Manhattan personal injury lawyer for a free consultation.
NEW YORK — We’re sure you love sharing your daily adventures with family and friends on Facebook. However, it might be a better idea to avoid sharing on Facebook after an accident. We aren’t just talking about accident-related posts either. Here’s why:
Why You Need To Avoid Social Media After An Injury
When you file a personal injury claim, our New York personal injury lawyers have found that using social media will only hurt your case.
A few years ago, The Guardian reported that insurance companies were getting on social media and using claimants’ posts against them. The number-one goal was to catch insurance fraudsters – people who weren’t really injured but filed injury claims anyhow. The problem is, we all want to show off the best of our lives on social media. We want to share the good times, not the bad.
However, that could be a roadblock when it comes to proving a case. Those posts showing your smiling face could hurt your case, and for many claimants, it has!
If the insurance company finds your social media accounts, they’ll try to use them in the worst possible ways in an attempt to persuade the court that you’re not injured. After all, how could this person be visibly happy if they’ve been hurt in an accident?
…But My Social Media Accounts Are Private!
What right does the insurance company have to be snooping on my Facebook account? That should be illegal!
We hear this a lot, but sadly, it’s not illegal. In fact, the insurance company may have the right to stalk your social media profiles even more than your ex-boyfriend. Even if your profile is private, the insurers have found ways to bypass that level of protection. In some cases, a judge can order you to share any posts that are relevant to your case. Some of these controversial posts could include:
Pictures or videos of you doing physical activities
Jokes or comments on insurance, personal injury, or related topics
Posts that may contradict your statements in court
Even making posts that are unrelated to your accident or overall health can be twisted, and used against you so that the insurance company can save a few bucks. It would be a shame if a laughable Facebook post prevented you from getting the compensation you deserve.
What Can I Do?
Deleting your profile entirely is a drastic measure. Even that could be construed as a suspicious move after an accident, and insurers may try to convince the court that you’re trying to hide something. Beyond that, nothing is ever truly deleted on the internet. So, what can you do?
Just don’t post anything.
Avoiding social media altogether won’t hurt your personal injury case.
However, we understand that it might tough to do in today’s age of 24/7 digital interactions. That’s why we suggest getting in touch with an experienced personal injury lawyer in New York as soon as possible.
When you consult with a personal injury lawyer, it’s their job to protect your rights. That includes helping you decide exactly what posts you can make, and which ones you should probably leave-out after an accident. In addition, they’ll be searching for evidence that will help your case.
While the insurance company is eyeing your social accounts, we’re keeping an eye on those whose negligence caused you harm in the first place. We’ll use any and all of the evidence we can find to make sure you’re getting the best result possible.
If you have any questions, the New York personal injury lawyers at Cellino & Barnes are here to help. Call us for a FREE consultation.
NEW YORK — Accidents happen. It’s a fact of life, but it’s the decisions you make after your accident that can define the rest of your life. Of course, it’s important to get medical care after an injury. The question is, what kind of medical care should you seek? Should you go to the local emergency room or an urgent care center near you? A Brooklyn personal injury lawyer says it all depends on your injuries.
Should I Visit The Emergency Room After An Accident?
After a forceful car crash, you’re probably a bit shaken up. While you may certainly receive proper care at your local ER, it might be easier to get care at a less-populated urgent care clinic. The best place for medical treatment after an accident all depends on your condition.
The emergency room provides life-saving treatment for life-threatening injuries. Emergency rooms in New York are best-equipped to respond to severe situations such as:
Every second counts when treating the injuries above. At an ER, the doctors will see you ahead of other patients with less serious trauma if your condition is truly dire.
Benefits Of Visiting An Urgent Care Center After A Car Crash
Urgent care centers are readily available in most neighborhoods and focus on treating minor injuries. An urgent care center is the perfect middle-ground between waiting weeks to possibly months to see a primary care physician and crowding the ER with a non-emergency matter.
You’ll see a medical doctor or nurse practitioner the same day at your local urgent care clinic, and you’ll likely have less of a wait than you would at the ER. At an urgent care clinic, medical professionals will let you know what injuries you’ve suffered and guide you on the next steps should they require further treatment.
Following an accident, Brooklyn personal injury lawyers say it’s crucial to visit your doctor, an ER or urgent care as soon as possible to establish a medical record of any injuries you suffered. This record will help you obtain compensation should you wish to seek compensation through an accident claim or lawsuit.
Seeking Legal Help After Medical Treatment
The team of compassionate and experienced Brooklyn personal injury attorneys at Cellino & Barnes can help you understand what to do after an injury disrupts your life. We’ve provided counsel to personal injury victims for over 60 years, and we don’t take a fee until we win your case. We’ve also been recognized as some of the Best Lawyers in America.
Contact us at any time of day or night for a FREE consultation about your claim.
NEW YORK — Thousands of people slip, trip, and fall every day in the United States. According to the CDC, slips, trips and falls are the top reasons for traumatic brain injuries. An experienced personal injury lawyer says these accidents account for 46% of fatal falls among older Americans. A slip-and-fall injury is any personal injury that’s a result of a slip, trip or fall. Examples of these injuries may include:
Head injuries like traumatic brain injuries
Sprains and fractures in the knees or wrists
Back and spinal cord injuries
Cuts and abrasions
If you have suffered any of these injuries in a place of business or on city property, you may be entitled to compensation. A personal injury lawyer will be happy to help you understand your options for recovery at this time.
When does my slip-and-fall become a Personal Injury Case?
Not all slip-and-fall accidents lead to personal injury cases. An injured person may have a case when there is sufficient evidence to hold the property owner or manager (or an employee who works on the property) responsible for the conditions that led to the accident and injuries.
A slip-and-fall can become a personal injury case when another party is liable (legally responsible) for the accident. To be liable, the property owner, manager, or employee must or should have done one of three things:
He or she must have caused the conditions that led to the slip-and-fall accident
He or she must have known about the conditions that led to the accident and done nothing to fix them
He or she should have known about the conditions that led to the accident because a “reasonable person” taking care of the premises would have found out about the hazard and fixed it
Do you have a slip-and-fall case in Long Island?
If you have slipped on or tripped over an object on a premises and that fall led to an injury, you may be able to work with a slip-and-fall attorney in Long Island to pursue compensation. Compensation can cover medical expenses, lost wages from having to miss work, and more.
At Cellino & Barnes, we are happy to review your case at any time to help you learn what your next steps should be to get back on your feet. Contact a personal injury lawyer for a free consultation.
NEW YORK — When you’ve suffered an injury, it can change your life. You’ll have additional and unneeded stress in the form of medical bills, lost wages, chronic pain, and more. If you were injured because of someone else’s negligent actions, you could be entitled to compensation for your injuries. If that’s the case, it’s time to ask yourself, Can A Personal Injury Lawyer Help Me Get Compensation?
It’s a question millions of people ask every year. Here, we’ll explain why it’s wise to seek the advice of a personal injury lawyer on Long Island, and what you can do to help maximize any compensation you’re owed.
Can A Personal Injury Lawyer Help Me Get Compensation?
After any accident, one of the first conversations you have should be with a personal injury attorney. Unlike the insurance companies, a personal injury lawyer will stand-up for your best interests. All lawyers are bound by a code of ethics to do so. That means helping you get the best possible compensation.
In many cases, an insurance company may make an initial offer to settle your claim. However, this offer typically won’t fully cover the costs associated with an injury. In the end, you may be better-off having a Long Island personal injury lawyer investigate your accident, gather evidence, and negotiate a settlement with the insurance company.
Even if the insurance company refuses to settle, an experienced personal injury attorney could advance your case to trial. In this case, a judge or jury would decide the proper amount of compensation you’re owed, based on the evidence presented to them.
Getting The Best Personal Injury Lawyer on Long Island
Whether you were injured in a car crash, slipped and fell on a wet floor, or were involved in some other type of accident, you’ll want to find the best personal injury lawyer. Long Island, NY has a number of personal injury law firms to choose from, and each firm handles their cases differently.
Here are some of the questions you’ll want to ask before signing a retainer with any law firm:
Is my consultation free? (Some law firms charge just to speak with an attorney)
Will my attorney have trial experience? (Many law firms try to settle their cases as quickly as possible, which could hurt your end result)
What happens if my lawyer loses my case? (Some law firms will still charge you! You’ll want to avoid any unnecessary costs)
At Cellino & Barnes, our consultations are always FREE. All of our personal injury lawyers have years of experience winning cases by getting settlements AND verdicts at trial. Lastly, our No Fee Promise allows you to relax; if we don’t win your case, you don’t owe us a dime.
If you’ve been injured, contact us here, and we’ll put our best Long Island personal injury attorney on your case.
NEW YORK — Do you know which products on your shopping list might be defective this year? Faulty products send thousands of people to the emergency room annually. Whether it’s a gift or an every day household item, a Queens personal injury lawyer says defective products fall under a unique category of personal injury law known as “product liability law.” The terms outlined in these rules sometimes make it easier for victims to recover damages from a liable party, such as a manufacturer or the seller of a faulty product.
Product liability holds manufacturers and sellers liable for allowing defective products to be available to consumers. The responsibility for a defect that leads to an injury lies with all the parties in the chain of distribution. The law requires all products to meet the ordinary expectations of the consumer. To have a viable product liability claim, a product deemed defective or dangerous cannot meet those expectations.
State laws regulate product liability claims, which may be brought under negligence, strict liability, or breach of warranty. If you’ve been injured as the result of a defective or dangerous product, there may be several parties you can hold accountable.
What to Prove in a Personal Injury Case Involving “Product Liability”
Today, an injured person needs to show the following elements to successfully establish a personal injury claim involving product liability:
The product was defective
A person became injured as a result of the product’s defect
How to Start a Personal Injury Lawsuit in Queens for Product Liability
According to a personal injury lawyer in Queens, an injured person can start a product liability claim under three circumstances:
Negligence: In this scenario, the plaintiff (injured person and their family) must prove that the manufacturer or seller had a duty to provide a safe product, and they ignored that duty. This breach must also have caused the person’s injury.
Strict Liability: In this case, a manufacturer or seller is held liable for another person’s injuries even if they didn’t have knowledge that their product was harmful. This is typically the case when a product has a defect, and the plaintiff must show that they used the product in a ‘typical’ manner.
Breach of Warranty: Products with manufacturer warranties allow plaintiffs to bring breach of warranty lawsuits when those warranties fail and lead to injuries.
3 Types of Product Defects
There are three ways a plaintiff may prove a product defective:
A defect can occur at any stage of the production process; from the moment the product is designed to the moment it’s boxed-up and sold. Most product liability suits involve only one type of defect, but a plaintiff could be entitled to additional compensation if several defects were present.
Queens Personal Injury Lawyers Fighting For Victims Of Defective Products
Cellino & Barnes has experienced personal injury lawyers in Queens who have helped many clients with product liability claims. Our goal is to help you get the compensation you deserve after you’ve suffered unnecessary injuries stemming from a defective product. Contact our Queens personal injury lawyers to discuss your claim.
NEW YORK — Getting around New York City, you might notice that the streets aren’t very forgiving. With few places to park and so many pedestrians, there’s a high risk of severe accidents. According to a at Cellino & Barnes, more than 11,000 pedestrians were injured in accidents last year. That’s roughly 30 people every day!
Injury lawyers in New York say accidents can happen for several reasons, but some of those reasons are more common than others. The following are the top causes of pedestrian injury accidents in and around New York.
Drivers Turning Left
Even when pedestrians cross at designated crosswalks, drivers turning left are 3 times more likely to hit them than if they were turning right. This is because both parties are looking in opposite directions.
Signaled crosswalks make it obvious to drivers that they should expect pedestrians to cross the street where the signal is located. Although drivers are required to stop and allow pedestrians to cross a road, impatient drivers may be less likely to do so if they don’t anticipate the presence of pedestrians at a particular location, or at a certain time.
For example, drivers at night expect to see fewer pedestrians on the road. So, their driving habits often change, usually for the worse.
Distracted drivers are one of the biggest threats to pedestrians; however, pedestrians sometimes put themselves in grave danger when they fail to pay attention to traffic because they’re using their electronics. A New York personal injury lawyer says many serious pedestrian accidents can be difficult to prosecute, because there’s evidence that the person crossing the street wasn’t paying attention.
The same can be true on the other side of things. Drivers have a responsibility to maintain control of their vehicle and avoid hitting other objects, including parked cars and pedestrians.
Pedestrian accidents routinely occur in parking lots or on streets where drivers are backing into the road from a parked position. Most new vehicles come with rear-view cameras to help reduce these accidents, but they’re not always 100% accurate. Many backup cameras have blind spots, and if a driver relies too heavily on this tool, they could be responsible for an accident.
Who is most likely to get hurt in a Brooklyn pedestrian accident?
A personal injury lawyer in New York has put together the following statistics based on public data and their years of experience handling personal injury cases in New York:
Children and the elderly face a greater risk of being hit by a car, truck, cyclist or other motorist.
One-fifth of kids 14 and younger who were killed in traffic accidents were pedestrians.
Nearly 20% of all pedestrian fatalities involved people 65 and older
Seniors also made up 11% of all injured pedestrians.
Between men and women, men carry a higher risk of being killed in traffic accidents. According to a recent NHTSA’s report, they made up 70% of all pedestrians killed in traffic crashes.
Alcohol also plays a huge role in pedestrian accidents. The report found that nearly half of all crashes resulting in pedestrian fatalities in 2013 involved alcohol. Approximately 34% of all pedestrians killed had a BAC at or above the legal limit of 0.08 grams per deciliter of blood. About 15% of drivers had BACs at or above that limit.
Even the most responsible pedestrians cannot control the actions of a reckless driver. At Cellino & Barnes, it’s our job to hold negligent drivers and their insurance companies responsible for your traumatic injury. Our team of personal injury lawyers in Brooklyn has recovered over $2 billion in settlements and verdicts for our clients. Call us for a FREE consultation.
NEW YORK — Commercial trucks provide a much-needed service but simultaneously pose a significant risk to other drivers on the road. Legally, trucks that transport cargo can haul no more than 40 tons or 80,000 pounds of freight, rivaling some of the largest dinosaurs to have ever walked the earth. When the average sedan and a semi-truck bump heads, someone is bound to get hurt.
If you were recently injured in a truck accident, there are a lot of things going on. Things like going to the doctor to get treatment, and filing a police report are essential steps that must happen immediately after the crash; however, you might not know that some of the things you do could actually hurt your case.
Ways You Can Hurt Your Own Accident Case
Here are five things you should never do after a truck accident or any other collision:
Apologize. You might be so startled after the accident that you apologize for hitting the truck, even though you might not have caused the crash. Your apology may be interpreted as an admission of negligence or guilt, which is why you should keep the sentiment to yourself.
Speculate. You don’t do anyone any favors by trying to guess the cause of the accident. In fact, this could also cast you in a negative light and hurt your case. Leave the speculating to the professionals whose job it is to investigate the facts of the crash, such as the police officers and your attorney.
Talk about the case without your lawyer present. Your lawyer is the only person you can trust to discuss matters pertaining to the accident. An insurance agent, for example, is only looking out for the interests of their company (and trying to avoid a big payout). Your lawyer is bound by an ethical oath to represent Your interests.
Ignore Doctor’s orders. People who get hurt from car crashes tend to sustain injuries that are far more serious than car-on-car crash injuries. If you avoid seeking the care your doctor recommended after your accident, it can look like you aren’t really hurt and don’t need compensation, making it more challenging to gain compensation.
Instagram your accident (or post to other social media). People who use social media while recovering have a much harder time getting a fair settlement. Why? What many people don’t realize is that insurance adjusters and defense lawyers on the other team anticipate that you’re going to post about your accident and gleefully snoop on your Instagram, Facebook, Twitter, LinkedIn, and any other social media account you may have for information that can hurt your case. The best way to avoid unwittingly turning over information that can rob you of a settlement is to avoid social media altogether at this time.
Do I Need a Lawyer after My Truck Accident?
You might also consider failing to talk to a Brooklyn truck accident attorney ill-advised. Attorneys with Cellino & Barnes can provide you with a realistic picture of what your accident case will look like, including an estimate of what you might receive if you pursue legal action. Without an attorney protecting your interests, you could lose a substantial amount of funds. You can be sure that the insurance company representing the trucking company involved in your accident has a team of lawyers ready to dismantle your case; don’t you deserve representation as well?
NEW YORK – Personal injury attorneys are civil litigators who represent plaintiffs (the wronged parties) in civil matters. These plaintiffs have allegedly been harmed psychologically or physically by the negligence, carelessness, or illegal actions of another person, company, government agency, organization, or entity. Attorneys practicing personal injury law step in to help plaintiffs seek justice for their losses. Personal injury lawyers primarily resolve matters pertaining to tort law, or the body of law which covers violations in which one person’s behavior causes injury, suffering, unfair loss, or harm to another person.
Primary Purpose of Personal Injury Lawyers in the Bronx
Bronx personal injury lawyers collectively play a vital role in ensuring that tort laws are upheld. Attorneys fulfill two primary purposes:
Helping clients secure compensation from the parties that wronged them
Holding the liable parties accountable for wrongdoing and deterring them from committing future violations
A personal injury lawyer on your side is an invaluable asset to your case as he or she seeks to recover the most compensation you are entitled to for your specific losses. State laws dictate how much time a plaintiff has to bring forth a personal injury claim and how much compensation he or she may win for a particular accident. Victims of personal injury incidents usually suffer economic and non-economic losses. Examples of economic losses are:
Common duties your personal injury lawyer in the Bronx takes on once he accepts your case include:
Analyzing your case and identifying problematic areas
Communicating with all insurance representatives about your case
Locating and interviewing witnesses
Hiring expert witnesses
Reviewing your insurance policy
Gathering medical records, bills, and proof of lost wages
Conducting research and gathering evidence to support your case
Negotiating or filing a lawsuit when a settlement cannot be agreed upon
Additionally, a personable accident lawyer in the Bronx will look forward to:
Providing a free consultation to discuss your options for recovery
Answering all your questions and addressing your key concerns
Keeping you updated on the status of your case
Helping you recover the funds you need to make a full recovery
The team of long-time personal injury lawyers in the Bronx at Cellino & Barnes has recovered millions of dollars in settlements and verdicts for personal injury victims throughout New York. We will not take a fee until we win your case. Contact us at any time to get started.
NEW YORK – If you were recently awarded a settlement for a personal injury accident in New York, you might have been surprised to learn that you have a lien against your settlement funds. According to top personal injury lawyers in Queens, a lien is a legal right that allows a person or entity (usually a healthcare provider) to take part of your settlement award as payment for a debt that you may owe. Liens are often placed on personal injury settlements when a creditor covers the upfront costs of care soon after an accident takes place.
Liens generally stay put until the debt is paid off. In some rare cases, it may be possible to negotiate the lien down and avoid the full cost of the debt. If you have a lien on your personal injury settlement, a personal injury lawyer can help you ensure you don’t pay back more than what is required by law.
Who Can Put a Lien on My Personal Injury Settlement?
A “lien holder” is the entity to whom you owe a portion of your personal injury settlement. Typically, these entities include:
Healthcare providers such as doctors, clinics, and hospitals
Medicaid, Medicare, or the Veterans Administration
Health and auto insurance providers
Liens typically arise on a personal injury settlement when the injured party cannot afford treatment(s) he or she received immediately following the accident. If you were injured in an auto accident in New York and could not afford medical care at the time, you likely owe your healthcare providers who covered the costs. You may have multiple liens against your accident settlement gains depending on how many entities covered your immediate expenses.
Healthcare Provider Liens in New York
The most common entities that place liens on personal injury settlements are healthcare providers. They can place liens one of two ways:
Making you sign a letter of protection before providing healthcare
Exercising their lien rights under state law
A lien is an agreement between two parties that the injured party will repay healthcare provider for medical treatment through the injured party’s settlement award. Failing to pay back your debt may result in legal action against you.
Other Entities to Whom You May Owe a Debt
Other entities to whom you may owe a portion of your personal injury settlement award may include Medicaid and Medicare. If Medicaid or Medicare covered the costs of your treatment, you likely have a lien against your settlement. Your private health and auto insurer may have also placed liens on your settlement award if they paid for a portion of your medical bills prior to you settling your claim.
Receive Fair Compensation for Your Accident in New York
It is important to note that there is a little a personal injury attorney can do to reduce or forgive a lien. Once a lien is approved by a judge, it must be repaid.
Top personal injury lawyers in Queens will make it a priority to ensure your settlement covers every dime of your medical bills, transportation costs, and other expenses associated with your injury, as intended. At Cellino & Barnes, our team of trial lawyers represent clients who have been injured in car accidents, medical malpractice cases, and more. Call now for a free consultation.
Cellino & Barnes (800) 888-8888
I would like to thank your firm for representing our family on behalf of my late husband. This whole process was, at times, difficult for us and sometimes painful. But, we were always in good hands as Brian and Maria are two of the hardest working and sincerest people I have ever had the pleasure of meeting. They did a tremendous job.