At Arcia & Associates, PC, we are dedicated to helping people injured in construction accidents, car crashes, and many other traumatic events. We are proud to be the largest minority law firm in New York State, and our attorneys are all fluent in Spanish. This allows us to effectively serve many foreign nationals living in New York City. Our Queens personal injury lawyers communicate directly with clients, rather than making them go through interpreters, law clerks, and administrative staff. We understand how painful and stressful being involved in an accident can be, especially when it happens through no fault of your own. We work tenaciously to help clients build the strongest possible cases and maximize the compensation that they are entitled to receive under the applicable laws. Whether or not you have legal status in the U.S., you still have the right to seek compensation for your injuries.Damages in Personal Injury Cases
A person injured in an accident in New York State has the right to seek compensation from any person or entity that may have been responsible. This helps them cover the costs of medical bills, income that they missed due to time away from work, and any loss of future earnings as a result of the injuries. In many cases, a person injured in an accident can also get damages for pain and suffering and their emotional distress.
Even if you are partly to blame for an accident, you may still be able to recover some compensation for your injuries. New York operates under a pure comparative negligence system, which is favorable to victims. This means that an injured person who was partly responsible for an accident can have their compensation reduced by an amount that reflects their proportionate fault. But it also means that, no matter how much at fault they were, they still can receive compensation from the defendant in proportion to the defendant’s fault. A personal injury attorney in Queens can build a strategy to ensure that victims do not receive more of the blame than they deserve.Proving Liability Through a Negligence Claim
Most New York personal injury cases are based on claims of negligence, a legal theory that holds people, businesses, and other entities responsible when they fail to live up to a certain standard of care. A car driver, for example, owes others on the road a duty to operate his or her vehicle in a reasonably safe manner. That means maintaining proper speeds, complying with traffic laws, and refraining from dangerous behavior like drinking behind the wheel. Property owners, on the other hand, are expected to keep their premises in a reasonably safe condition and warn people of any hazards on the property of which the owner knows or should know. A driver or property owner who does not live up to the relevant standard of care is likely to be found negligent for a car accident or slip and fall.
To get damages in a negligence claim, your Queens personal injury attorney needs to show that the person or entity that you are suing directly caused you to be injured. In other words, you must prove that, more likely than not, you would not have been injured if the defendant had not been negligent. This often involves compiling detailed witness testimony, documentation, and other evidence to establish how the accident happened. It also may mean retaining experts to discuss the full extent of your injuries.Special Issues Involving Construction Accidents
Accidents on construction sites often lead to negligence or product liability claims, as well as workers’ compensation claims, but they also can be treated separately under New York’s Labor Law. This is because the conditions on many construction projects make workers especially susceptible to accidents and injuries. Section 241 of the Labor Law, for example, makes contractors that do not meet certain basic safety standards under New York law strictly liable for any injuries that happen on a site. An injured worker does not need to prove the contractor’s negligence in those cases. He or she only needs to prove that the contractor violated the safety code and that the injuries happened as a result.
It is important to inform your employer if you are injured on the job. Also, you should seek the advice and counsel of an experienced lawyer before accepting any settlement for your injuries. You may have additional options or remedies that may not be obvious to you.Contact a Knowledgeable Personal Injury Lawyer in Queens or Surrounding Areas
At Arcia & Associates, PC, we offer clients personalized attention, taking the time to understand the individual circumstances involved in each case and keeping the people whom we represent apprised of their rights and options at every step of the way. Our offices are conveniently located in Queens, Manhattan, and Spring Valley. We also serve clients elsewhere in the New York City region, including in Brooklyn and the Bronx, as well as Westchester and Rockland Counties. Call us at 718-651-4363 or contact us online to speak with an attorney. We offer free consultations and do not charge a fee unless we get compensation for you.