Answers To A Few Frequently Asked Questions
At Jonathan K. Davis, PC, we have settled and litigated hundreds of personal injury claims over the course of more than 30 years. Here are brief answers to some of the questions we are frequently asked about personal injury. For legal advice, call us at 516-734-6355.
Who should I call first when involved in an accident?
When you are involved in an accident it is common practice to speak to the insurance company of the other parties involved. The adjuster assigned to your claim will be friendly and provide you with great customer service and a sense of compassion. It is very important to remember the goal of the insurance company is to pay out as little as possible for claims.
This is why it is important to contact an attorney BEFORE you provide statements to the insurance companies handling the claim for the for the alleged individuals that caused the accident. An attorney can advise you on what to say to protect the integrity of your claim and help you get the fair payout you deserve.
I was injured in a busy public place, what do I do?
Whether your injury was caused due to an environment left in disrepair such as a broken stair step, a lack of cleanliness in the area, or complacent signage to warn of dangers, if possible, always obtain as many photos of the area as possible and speak with witnesses and obtain their contact information for possible testimony at a later date.
My injury is due to physical or sexual abuse that occurred while I was a child. Can I still sue?
A law was passed in 2019 called The Childs Victims Act that allows for some victims to bring a case after the statute of limitations in some cases.
Changes benefiting child victims under this act are:
- An extension of the statute of limitations for criminal sex cases involving children under the age of 18
- An extension the statute of limitations for civil sex abuse cases until the survivor turns 55 (up from 23)
- Created a time frame of one year to revive cases formerly time-barred under current law. Private and public institutions are now treated the same for matters of child sex abuse. Prior to this bill passing, someone abused in an establishment such as a school would have to file a claim within 90 days of when the abuse occurred.
I fell while shopping at the department store and was injured. Can I sue?
Handling a lawsuit against a large corporation such as Macy’s, H&M, and Paragon Sports is something that should be done with care. If you were injured by a slip and fall such as this, it is important you seek immediate medical attention. Once you have your injuries documented the next thing you should do is contact a personal injury attorney to discuss your rights and the possibility of compensation for medical bills and lost wages. If you can, try to take photos of the area and what caused you to fall as well as speak with witnesses and obtain their contact information. Having as much evidence as possible increases the possibility of the case being ruled in your favor.
I was injured due to the unlawful use of fireworks by a third-party individual. Can I sue?
If you were at a private event and received burns or other injuries due to unlawful use of fireworks that you were unaware of such as a party at a friends house where attendees decided to set off fireworks in the dark or an individual in your immediate area such as a neighbor setting them off in the street you may be entitled to compensation for your injuries. In the state of New York most personal use of fireworks is illegal. If you have attended a public event and received injuries from fireworks that you feel was caused by negligence on the part of licensed professionals, you may also be entitled to compensation. As always, it is best practice to obtain photos and witness contact information and seek medical attention for your injuries.
I was in a motor vehicle accident due to unlawful or reckless behavior conducted by the other vehicle involved. Can you help me?
If you hit another vehicle due to what you believe to be unlawful or reckless behavior on their part, the first thing you should do, if possible, is to contact law enforcement for a report. A documented report on behalf of law enforcement in addition to photos and medical records of injuries you incurred will help prove that although your vehicle stuck theirs, it was their actions that caused the accident. Without a n-fault judgement on your end, you could be left open to covering the cost of your medical bills and automobile repairs.
My mother is in a nursing home and I feel as though the staff are neglecting her. Can you help me?
Yes! There is no excuse for elder neglect or abuse, and you must act quickly to preserve the health and safety of your loved one. If you feel as though the victim has wounds or injuries that need immediate medical attention, contact a medical professional outside of the nursing home immediately. After you are sure the victim is stable, contact a personal injury attorney to help you determine what kind of case you can have against the nursing home staff and facilities.
Signs of elder neglect or abuse:
- You visit frequently and your loved one is always in the same position in their bed. If you can, check for possible bed sores or try to communicate with them regarding their situation.
- You notice bruising on their body that you feel can’t be explained away.
- They are dirty and clearly have not received proper hygiene care.
- Their medical situation drastically changes for the worse after admitting them to the facility such as extreme weight loss, behavior issues, and their overall health and wellness.
Contact Us For Legal Advice And Experienced Legal Representation
If you have suffered an injury and are unsure if you are eligible for compensation, call the law firm of Jonathan K. Davis, PC, for a consultation at516-734-6355 to discuss your case and the probability of a lawsuit to protect your rights as a victim and be compensated for hardship caused by the accident. You may also send us an email.