Personal Injury 2016 – New York Personal Injury Lawyers 91原创视频#38; Aspromonte Associates LLP Sat, 28 Jun 2025 16:06:35 +0000 en-US hourly 1 https://wordpress.org/?v=6.9.4 /wp-content/uploads/2025/01/favicon-150x150.webp Personal Injury 2016 – New York Personal Injury Lawyers 32 32 How Can I Sue New York City? /blog/how-can-i-sue-new-york-city/ /blog/how-can-i-sue-new-york-city/#respond Wed, 08 Jan 2025 09:42:51 +0000 /how-can-i-sue-new-york-city/ In general, you can sue New York City if you were injured on city property. You can also sue if a city agent鈥檚 conduct or carelessness caused or contributed to the happening of your accident. You may be able to sue if you were injured by a New York City police officer who used excessive […]

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In general, you can sue New York City if you were injured on city property. You can also sue if a city agent鈥檚 conduct or carelessness caused or contributed to the happening of your accident. You may be able to sue if you were injured by a New York City police officer who used excessive force.

The following are examples of incidents that can serve as the basis of a lawsuit against New York City:聽

  • Slip and fall or trip and fall accidents on city property including public sidewalks
  • Traffic accidents with city vehicles (such as police cars, fire trucks, or garbage trucks)
  • Traffic accidents caused by improper construction or maintenance of a city street or roadway聽
  • Negligence on behalf of city agents聽

There may be other examples of claims against The City of New York not listed here.聽 If you have been injured and you want to discuss your rights, contact the lawyers at 91原创视频amp; Aspromonte LLP Associates at聽(212) 732-2929聽for a free consultation.聽 Our lawyers have been fighting for the rights of injury victims since 1988.聽

You Must File a Notice of Claim to Sue New York City

Even if you are not sure whether you want to sue The City of New York, you must first notify the City of your intention to file a lawsuit by completing a Notice of Claim, per聽NYS General Municipal Law Section 50-e. This must be done within 90 days of the incident in which you were injured. The document must include:聽

  • Your name and address聽
  • Your attorney鈥檚 name and address
  • Information about the type of claim you are filing
  • Details about the accident/incident in which you were injured
  • The time, place, and manner of the injury or accident
  • How much compensation you are seeking

Once the Notice is completed, it must be properly served on the City of New York.

It is crucial to meet the 90-day deadline. If you fail to do so your claim may be disallowed and you may permanently lose your rights to pursue your case and recover damages.聽

The filing of a Notice of Claim against The City of New York must also be carefully completed so that it contains accurate information.聽 If you fail to include accurate information, your claim may also be disallowed.聽 For this reason, it is highly recommended that you consult with a qualified and experienced lawyer to ensure that your Notice of Claim is both filed on time and contains accurate information that protects your claim.聽聽

Remember, the Notice of Claim only places the City on notice of your potential lawsuit and does not begin a lawsuit.聽 You must also file a Complaint against the City within 1 year and 90 days of your accident as will be discussed later.

Who Should Get Your Notice of Claim?

Our law firm can evaluate your case and determine who should get your Notice of Claim. The Notice of Claim must be submitted to the correct City entity.

For instance, claims against New York City hospitals and clinics must be filed with the New York City Health and Hospitals Corporation.聽Claims involving city housing units must be filed with the New York City Housing Authority.聽

What Happens After You File Your Notice?

Once the City gets your Notice, they have the right to investigate your claim. The City may ask you to give testimony under oath to support your account of events. This is known as a 50H Hearing. 聽The purpose is to give the City an early opportunity to investigate, evaluate and possibly settle your case. It is generally not advisable to attend a 50H Hearing without a lawyer at your side.

At a 50H Hearing:

  • You will give testimony under oath about the facts of your case and injury.聽
  • All questions and answers are documented for the record.聽
  • You may be asked to submit to a medical exam.聽
  • Your attorney will advise you and prepare you for the hearing and will be with you throughout the process.

聽You cannot file a lawsuit against the City until the 50H Hearing is conducted.聽

For a free legal consultation, call聽(212) 732-2929

There Are Legal Deadlines for Your Lawsuit

The聽New York Bar Association聽explains that you have a deadline to file a lawsuit against the City. This is called the 鈥渟tatute of limitations.鈥澛

In most cases the time to start a lawsuit against the City of New York is one year and 90 days after the incident that caused your injury. The filing deadline is different for wrongful death lawsuits. In those cases, there is a two-year deadline, and the case can only be brought by the representative of the decedent鈥檚 estate.聽

Certain exceptions could extend the time you have to file your case depending upon your special circumstances. Even if you feel that your time has expired, speak to a lawyer from our team to discuss your rights.

We鈥檝e Been Serving Claimants Since 1988

The City of New York has teams of lawyers defending its interests. Once you file your Notice of Claim, they might reject your claim or they might try to persuade you to accept a very low amount of money for the injuries that you have suffered. Before you make any important decisions, speak to a lawyer first.

Our personal injury lawyers have extensive experience fighting The City of New York. We have filed thousands of lawsuits against New York City since our founding.聽

In one notable case,we secured a $31 million verdict for our client who was injured in a motor vehicle accident involving the NYC Transit Authority. Other cases include $6.3 million for a woman struck by a police motor scooter, $2.4 million for a bicyclist who struck a pothole, and $8 million for smoke inhalation victims caused by a garbage disposal fire in a City housing complex and many others.聽

We are confident in our abilities to handle your case. Best of all, we do not require that you pay us any money upfront for our representative.聽 We only receive a legal fee when you recover compensation.聽

Click to contact聽our personal injury lawyers today

Connect With Our Law Firm Today

You can sue New York City if you were harmed due to negligence. However, the guidelines for suing the City are different than suing an individual.聽

91原创视频amp; Aspromonte LLP Associates has recovered over $500 million for our clients. To discuss your rights, call us today at聽(212) 732-2929.

Whether you鈥檙e dealing with injuries from a car accident, construction accidents, or a wrongful death case, our attorneys are here to provide compassionate support.

Call or text聽(212) 732-2929聽or complete a聽Free Case Evaluation form

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Choosing the Right New York Personal Injury Lawyers /blog/choosing-the-right-new-york-personal-injury-lawyers/ /blog/choosing-the-right-new-york-personal-injury-lawyers/#respond Wed, 18 Dec 2024 10:11:57 +0000 /choosing-the-right-new-york-personal-injury-lawyers/ When you鈥檝e been injured in an accident, have lost a loved one due to someone else鈥檚 negligence or find yourself the victim of New York dental malpractice or medical malpractice, finding the right attorneys matters. Unfortunately, many people don鈥檛 know what to look for in a lawyer. In addition, making good, reasoned decisions can be […]

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When you鈥檝e been injured in an accident, have lost a loved one due to someone else鈥檚 negligence or find yourself the victim of New York dental malpractice or medical malpractice, finding the right attorneys matters. Unfortunately, many people don鈥檛 know what to look for in a lawyer. In addition, making good, reasoned decisions can be difficult in the wake of an accident. You may be in pain, worried about your ability to return to work, and distracted by concerns about your family鈥檚 future.

These tips will help you determine which New York personal injury lawyers are in the best position to help you.

What to Look for in a Personal Injury Law Firm

For a free legal consultation, call聽(212) 732-2929

Choose attorneys who have a history of success in the courtroom.

Most personal injury cases settle, so you may not think it鈥檚 important that your personal injury lawyers have trial experience. However, you can鈥檛 predict how your case will unfold in advance. Your attorneys must be prepared to go to trial if that鈥檚 the best course of action in your case. Even if your case doesn鈥檛 go to trial, the fact that opposing counsel knows that your lawyers can and will skillfully try the case can impact settlement offers.

Choose personal injury lawyers with experience directly related to your case.

Some聽personal injury聽lawyers handle a wide range of cases, while others devote most of their time to a particular type of case. If you have a complex claim such as a commercial boating accident injury or a medical malpractice claim, for example, you probably won鈥檛 want to entrust that case to an attorney who has only handled car accident cases.

Click to contact聽our personal injury lawyers today

Be confident that the New York personal injury lawyers you choose have the resources to manage your case.

Complex litigation requires a significant investment of time and money. Your attorneys must be prepared to work for a year or more without receiving payment, and will often be required to advance payment for costly experts, testing and other trial preparation. A new, young, solo attorney may be fully invested in your case, but be sure to ask the questions necessary to determine whether he can adequately support the litigation.

Complete a聽Free Case Evaluation form聽now

Choose an attorney you are comfortable working with.

Skills, experience, willingness to go to trial and resources are all important factors when choosing an attorney. But, it鈥檚 important to remember that you will be entrusting important matters to your personal injury lawyer and must have confidence in him or her.

Schedule a Free Consultation with a New York Personal Injury Lawyer

The first step toward finding the right New York personal injury lawyers for your case is to schedule a free consultation. Discussing your case and the firm鈥檚 history will give you the opportunity to learn more about the lawyers鈥 experience, measure their familiarity with your type of case, ask questions, and give yourself the best opportunity to make the right choice for your family and your case.

You can schedule a free consultation with 91原创视频amp; Aspromonte Associates LLP by filling out the contact form on this page, or by calling聽(212) 732-2929聽right now.

We are committed to representing victims of personal injury, whether they鈥檝e been involved in car accidents, construction accidents, or cases of severe harm and wrongful death.

Call or text聽(212) 732-2929聽or complete a聽Free Case Evaluation form

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Does a Liability Waiver Mean You Can鈥檛 Recover for Your Injuries in New York? /blog/does-a-liability-waiver-mean-you-cant-recover-for-your-injuries-in-new-york/ /blog/does-a-liability-waiver-mean-you-cant-recover-for-your-injuries-in-new-york/#respond Sat, 14 Dec 2024 05:17:46 +0000 /does-a-liability-waiver-mean-you-cant-recover-for-your-injuries-in-new-york/ By聽91原创视频#38; AspromonteNovember 07, 2016   Liability waivers have become so common that many people sign them without even reading them or thinking about the ramifications of waiving claims. Waivers are sent home before school field trips, presented when you sign up for a gym membership, included in a pile of other paperwork when you […]

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By聽91原创视频amp; AspromonteNovember 07, 2016

 

Liability waivers have become so common that many people sign them without even reading them or thinking about the ramifications of waiving claims. Waivers are sent home before school field trips, presented when you sign up for a gym membership, included in a pile of other paperwork when you decide to give skydiving a try, and in a wide variety of other contexts.

Unfortunately, people who are injured after signing a waiver often assume that means that they aren鈥檛 entitled to compensation for their injuries and fail to explore their options.

That鈥檚 what the business owner who asks you to sign the waiver wants you to think, but it may not be true. Many people who have been injured after signing a waiver still have valid personal injury claims. In fact, the business asking you to sign the waiver probably knows it isn鈥檛 enforceable, but is hoping you don鈥檛.

Enforceability of Liability Waivers

The analysis as to whether or not a waiver bars recovery may be complex, and the best way to find out whether or not you have the right to proceed with a personal injury or wrongful death claim is to consult an experienced personal injury lawyer.

Here are some of the most common situations in which liability waivers are invalid or unenforceable.

For a free legal consultation, call聽(212) 732-2929

Liability for Injury to Minors Generally Cannot Be Waived

In New York, most contracts entered into by a minor are voidable, meaning that the minor can鈥檛 be bound to the terms of the contract. Thus, a minor鈥檚 signature on a waiver of liability has no binding effect.

In theory, a parent鈥檚 signature on the waiver could be binding and effectively waive the minor鈥檚 right of recovery, but under New York law, it is not. In short, liability waivers are generally not effective as to injuries to minors, particularly where those injuries have been caused by negligence.

Some key areas in which this protection often arises include:

  • Injuries on school grounds
  • Sports participation injuries
  • School field trips
  • Clubs such as Girl Scouts and Boy Scouts
  • Minors visiting amusement parks, public pools and other recreational facilities

If you are鈥攐r your child is鈥揳 minor who has been injured after signing a liability waiver, chances are very good that you still have a right to compensation for your injuries. You should seek advice from an experienced New York personal injury attorney as soon as possible.

Your Gym Membership Waiver May Not Be Valid

Gyms are just one of the types of business that commonly employs an unenforceable waiver. That鈥檚 because New York鈥檚 General Obligations Law makes waivers that exempt an organization from liability for negligence void and unenforceable if:

  • The facility is a pool, gymnasium, place of public amusement or recreation or similar establishment; and
  • The owner or operator receives a fee or other compensation for use of the facility

So long as you pay for use of the facility, this law nullifies waivers of liability for negligence in contexts such as:

  • Water parks
  • Campgrounds
  • Concert venues
  • Public pools
  • Gym memberships
  • Amusement parks
  • Skating rinks

Click to contact聽our personal injury lawyers today

Unclear Language May Save Your Personal Injury Claim

In New York, a waiver does not act to bar recovery for negligent acts on the part of the owner, operator or their agents unless the language of the waiver clearly specifies such. So, a waiver that is not carefully worded may fail, even though it would have been enforceable had it been properly phrased.

Complete a聽Free Case Evaluation form聽now

Talk to an Experienced Personal Injury Attorney

Of course, the person or organization responsible for your injuries would like you to believe that you鈥檝e signed away your rights and can no longer pursue a personal injury case. Don鈥檛 make assumptions or take someone else鈥檚 word: if you鈥檝e been injured and have signed a waiver that you believe may affect your rights, your first step should be to contact a聽personal injury聽lawyer.

Our firm is dedicated to helping clients affected by construction accidents, car accidents, major injuries, wrongful death, and additional types of personal injury.

Call or text聽(212) 732-2929聽or complete a聽Free Case Evaluation form

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What To Do After a House Fire /blog/what-to-do-after-a-house-fire/ /blog/what-to-do-after-a-house-fire/#respond Fri, 13 Dec 2024 09:56:38 +0000 /what-to-do-after-a-house-fire/ Experiencing a house fire is a traumatic experience. After dealing with the devastation there may be unexpected snafus, in order to make the transition and recovery period as easy as possible it is important to understand the immediate things to do after a聽house fire聽and details related to property damage or personal injury. Whether the fire […]

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Experiencing a house fire is a traumatic experience. After dealing with the devastation there may be unexpected snafus, in order to make the transition and recovery period as easy as possible it is important to understand the immediate things to do after a聽house fire聽and details related to property damage or personal injury.

Whether the fire was in an apartment, single-family home, or multiple-family home you may find that other than the building being ruined, many of your personal belongings will be damaged by fire, smoke, or the water used to put the fire out. There may even be holes in the wall where firefighters cut to try and find the source of the fire, and to make sure the blaze is completely out. It is imperative to ask when it is safe to enter a property after a fire or to recognize that the building is not safe and you may never be able to enter again. You must consider your health and safety even after the fire is out, as the damage inside the unit may make you extremely sick upon entry.聽 You need to obtain a fire report and secure your property as well to avoid looting or theft or tampering with evidence. The fire report is a public document and is easily obtained through the local fire marshal. After a fire it is important to know who to call, you should contact your family to let them know you are safe and also your insurance provider. You may even need to contact NYC burn injury attorneys or burn injury lawyers. A big mistake people make is assuming that insurance providers or lawyers will contact you, this is the number one thing that you have to do on your own.

For a free legal consultation, call聽(212) 732-2929

Contacting an insurance agent will let you know what to do with the immediate needs of your home. The company may ask you to make a list of everything that was damaged by the fire in detail and explain how much you spent on the items. Remember to keep all receipts in the aftermath and cleanup process as many times insurance can reimburse or help you with certain processes. Normally it will take between 30-60 days to settle with an insurance company about personal injury or related property damage. Follow your gut and get multiple estimates from third party companies if you feel you need help or are being inadequately compensated. No matter how any kind of property or personal injury occurred you may be eligible for compensation, this is important to keep in mind when deciding whether or not you need聽NYC burn injury attorneys聽or聽burn injury lawyers. Getting help for you and your family is essential regardless if it is through therapy or a legal company. Handling the aftermath of devastation properly is key to securing a happy future afterwards.

Let us fight for the compensation you deserve鈥攕chedule your consultation now. Our experienced team has assisted personal injury victims with claims involving car accidents, construction accidents, wrongful death, and other serious injuries.

Call or text聽(212) 732-2929聽or complete a聽 Case Evaluation form

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The Legal Process 鈥 Experienced Personal Injury Attorney /blog/the-legal-process-experienced-personal-injury-attorney/ /blog/the-legal-process-experienced-personal-injury-attorney/#respond Fri, 13 Dec 2024 09:54:08 +0000 /the-legal-process-experienced-personal-injury-attorney/ Accident and personal injury lawsuits can take many forms, but the basic steps of the legal process generally remain the same. Personal injury cases are complicated, and while an experienced attorney can help you navigate the process, by better understanding the procedures involved you can feel more in control of your personal injury claim. Personal […]

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Accident and personal injury lawsuits can take many forms, but the basic steps of the legal process generally remain the same. Personal injury cases are complicated, and while an experienced attorney can help you navigate the process, by better understanding the procedures involved you can feel more in control of your personal injury claim.

Personal Injury Lawsuit Timelines

The legal system is highly complex, and filing a lawsuit can be a long and emotionally challenging process. Each lawsuit will be unique and will take a different, potentially unpredictable path, and an experienced attorney can help you through each step in the legal process.

Filing a Complaint

Once you have decided to file a lawsuit, your attorney will help you to prepare a summons and complaint. The summons and complaint will state that you were involved in an accident or suffered a personal injury as the result of the negligence of another. Once the summons and complaint has been filed and the papers have been served, the recipients have 30 days to answer.

Discovery

After the complaint has been answered, the discovery portion of your lawsuit will begin, and this period can last for six months or even longer. This time period allows each party to learn as much as they can about the other鈥檚 case. Attorneys will exchange disclosure statements that will provide the facts of the case, experts that are involved, and a list of witnesses. You will also be asked to produce accident reports, insurance policies, medical records, and hospital or clinic bills as evidence, and you may also be asked to complete an independent medical consultation so that a new physician can evaluate your injuries.

Depositions

A deposition is an important part of the discovery process. A deposition involves evidence that is given under oath, and it is recorded for use in a court hearing at a later date. If you are being deposed, you will be asked questions by each attorney regarding the incident. Other parties involved in the lawsuit will also need to answer questions under oath.

Settlements

A majority of personal injury cases end in a settlement rather than a jury verdict. These settlements occur when the defendant agrees to pay the plaintiff a specified amount that makes the plaintiff drop his case. To arrive at this settlement amount, both sides will begin by determining what they think the case is worth or what they believe the jury might award the plaintiff should the case make it to trial. Typically, this is done by researching similar cases and identifying what juries have awarded plaintiffs in the past.

Once each side has established a rough estimate of an acceptable amount of a settlement, they will start sending settlement offers back and forth. The amount of the settlement offer will fluctuate as both sides obtain more information and get a better sense of whether the plaintiff might win or lose at trial. Once an acceptable offer has been presented that both sides agree to, the defendant and plaintiff will sign a settlement agreement before the plaintiff drops the case.

Mediation and Arbitration

Mediation and arbitration are frequently required before a personal injury case will move on to trial. These methods of alternative dispute resolution work to help both parties to reach an agreement outside of the courtroom. If mediation is successful, the mediator will draft the terms of the agreement and will have everyone sign it, but if mediation is not successful, the case will move on to trial.

Trial

If you aren鈥檛 able to settle your case without avoiding court, a jury will be used to decide how much your injury is worth. Depending on your location, it may take six months or longer to have your trial scheduled, and the actual trial can last several days to two weeks. During the trial, the jury or judge will examine the evidence presented to decide whether the defendant should be held responsible for the harm and injuries alleged by the plaintiff. A trial gives the plaintiff the chance to argue his case in the hopes of securing a judgment, and the defendant is also presented with the opportunity to refute the plaintiff鈥檚 claims.

For a free legal consultation, call聽(212) 540-2984

Jury Deliberations and Verdicts

After hearing a case in its entirety at trial, juries are tasked with making a decision known as a verdict. A jury will be required to hear the evidence presented by both sides at the trial before determining the factual information, applying relevant laws, and voting to come to a final verdict. Most verdicts are upheld by the presiding judge, but at times, the judge may have the discretion to set the verdict aside.

When it comes to personal injury cases, juries not only have to determine if the defendant was liable for the plaintiff鈥檚 injuries, but they will also need to put a dollar value on how much the plaintiff deserves to be compensated. Damages will be examined closely in the deliberation process, including medical expenses, concrete financial losses, and lost wages caused by the defendant. However, juries also have the option to award compensation for both emotional and physical pain and suffering that the plaintiff experienced, and if the jury believes that the defendant acted very negligently or intentionally, additional punitive damages could also be awarded.

Contact our experienced personal injury attorneys for expert guidance today.聽We have helped clients obtain justice and compensation in a variety of personal injury cases, such as car accidents, construction accidents, wrongful death, and severe injuries.

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Personal Injury Lawyer FAQ鈥檚 /blog/personal-injury-lawyer-faqs/ /blog/personal-injury-lawyer-faqs/#respond Wed, 11 Dec 2024 12:37:10 +0000 /personal-injury-lawyer-faqs/ You have questions. We have the answers you are looking for!At 91原创视频#38; Aspromonte LLP Associates, we are dedicated to helping all New York metropolitan area residents win their fair compensation after a serious accident of any type. Whether you have been injured in an automobile accident, your child injured from supervision negligence, or you […]

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You have questions. We have the answers you are looking for!
At 91原创视频amp; Aspromonte LLP Associates, we are dedicated to helping all New York metropolitan area residents win their fair compensation after a serious accident of any type. Whether you have been injured in an automobile accident, your child injured from supervision negligence, or you have experience a medical injury, we have the experience and what it takes to get you compensation for the damages you deserve. You should not have to suffer physically and financially from an accident that is not your fault.

You may not know where to start, have many questions running through your head about personal injury law and how to move forward to receive the fair compensation you deserve. Our firm is here to provide you answers to those questions and help get you on your way alleviating the financial burdens and pain and suffering associated with personal injury from someone鈥檚 negligence.

An insurance company鈥檚 legal team鈥檚 job, is to fight for the insurance company and save them money. It is in the insurance company鈥檚 best interest to settle quickly. The faster they can get an accident victim to accept a settlement, the more money they save their client. Receiving a settlement offer quickly means someone associated with the insurance company is doing their job, and doing it well.

For a free legal consultation, call (212) 732-2929

Who do you trust?
Below are some frequently asked questions that will help answer some of the questions you may already have.

What is a personal injury lawyer?
A personal injury lawyer is a lawyer who provides an injured victim legal representation. These injuries are defined as physical, psychological, a result from negligence, and the wrongdoing of another party, a government agency, company or other entity. Personal injury lawyers often have extensive knowledge and experience in tort law; injuries that happen as a direct result from the negligent actions of another. The list of possible causes of injuries from torts is broad; for example a slip and fall, a negligent medical procedure, a car accident, toxic chemical poisoning, a malfunctioning product, etc.

Personal injury lawyers are licensed to practice in any law field, but generally specialize in tort laws. At 91原创视频amp; Aspromonte LLP Associates, personal injury and medical malpractice is all we do; these are the only two areas of law we practice in, have practiced in, and the only two we will ever practice in. As trial lawyers, we know our business.

Click to contact our personal injury lawyers today

What does a personal injury lawyer do?
The law empowers injured victims to recover damages negligently caused by others. Some of the broadest circumstances falling under personal injury a victim can attempt to recover in court for are mental, physical, accidental, intentional or non-intentional property damage, reputational or due to negligence by a company, another person or government agency. These all fall under the tort law, injuries that occur when a wrongful act has occurred causing harm to an individual by no fault of their own. For example, slipping on a wet floor in an office building where injury to the victim occurs. The laws allows suing to recover monetary damages in civil court for the negligence by the 鈥渙ffice building鈥.

Time can be very limited to file a claim, so it is important to act swiftly. A personal injury lawyer can help investigate the basis of a claim and ensure it is filed timely, enabling the victim to recover for any, and all damages suffered as a result of the negligence of another.

Complete a Free Case Evaluation form now

Do I need a personal injury lawyer?
Personal injuries can occur in many different ways; a robbery or theft, road accident, medical malpractice, or damages incurred due to hazardous work conditions. Damages can go beyond the normal physical wounds and can affect physical capabilities and/or appearance for an extended time, even permanently and job loss could happen. It can be difficult to determine 鈥渢he value鈥 of such injuries. A personal injury lawyer can help you place a fair value on what you deserve to compensate for medical bills, lost wages, pain and suffering and recovery time.

How to find a personal injury lawyer?
If an accident has happened and you have been seriously injured, or if the other side is being combative or antagonistic right from the start you may want to have an experienced personal injury attorney handle your case. You should not trust just any attorney for the help you need; seek out someone with proven experience in your type of personal injury claim. Meet and discuss your case before making a decision to hire.

Find Experienced Lawyers 鈥
There are many ways to get referrals of experienced, expert plaintiff鈥檚 personal injury lawyers. Get several referrals, and once you have the names do your homework and comparison-shop. Meet with each lawyer to discuss your claim and ask a lot of questions and be sure you are confident with their answers before hiring one. Something to keep in mind is many lawyers will not take a case if it falls below a specific potential recovery amount, of if the claim is not a clear-cut case.

Where to look for referrals can be a daunting task, but it is possible to get good references. Ask people you know and trust, read online reviews and do some research. Being diligent in your search and choose wisely. You want a lawyer with specific expertise in personal injury law and the experience to back it up.

Friends and Acquaintances 鈥
Speak with friends and coworkers who have had their own personal injury claims and get the names of their lawyers.

Nolo鈥檚 Lawyer Directory 鈥
Nolo offers two resources to find a lawyer. You can enter case details in their 鈥淭alk to a Personal Injury Lawyer鈥 feature and local attorneys will contact you.

You will also find a unique lawyer directory providing an extensive profile for each vetted lawyer, along with helpful information in selecting the right lawyer. It provides their education, law practicing philosophy, experience and fees. Each listed attorney has a valid license and is in good standing with the bar association.

Ask Lawyers 鈥
Another good resource for referrals is to ask lawyers you know. It is common practice for lawyers to network and refer cases to each other; there is a good chance one you are familiar with will know those that handle a plaintiff鈥檚 personal injury case.

Referral Services 鈥
Most likely your local bar association has a referral service that has a listing of lawyer names available. Keep in mind the quality of lawyer referral services varies, and finding out the specific criteria used to determine a lawyer鈥檚 qualifications to be a part of their referral service is important.

Something to note, when using a lawyer referral service the lawyer鈥檚 law practicing philosophy, his style of representation 鈥 aggressive or passive personalities 鈥 may not be apparent.

How to choose a personal injury lawyer?
Filing a personal injury lawsuit has a statute of limitations. Filing within this time limit (normally 1 鈥 6 years), is incredibly important. A victim not filing within the restrict timeframe loses all rights for any future claim for injuries. Knowing where to look or how to find a personal injury lawyer can be overwhelming, and may be a little scary when it comes to being sure you hire one with experience. Where do you start?

Personal injury lawyers are different from other attorneys practicing in different areas of the law, having specific experience and expertise in law. If you have incurred injuries due to someone鈥檚 wrongful acts, or you have allegedly injured someone, you want an attorney who knows personal injury law and can handle your case successfully. Expert personal injury lawyers often have experience in:

Negotiation
Tried cases in a court of law
Medical diagnoses and the processes related with personal injuries
Negligence law and other tors 鈥 strong and in depth understanding
Get the Facts 鈥
Knowing what makes a lawyer a good lawyer is important. You will want to know their specialization, reputation (ask for referrals), years in practice, disciplinary record, trial experience and winning record.

Choosing the Lawyer 鈥
To determine if a lawyer is right for you, meet to discuss your case and conduct an interview before making a decision. You are hiring him or her to represent your case; you should feel confident the best possible job will be done on your behalf. The majority of the time the initial consultation is at no charge. If the attorney has a fee to sit and discuss whether he or she will take your case, go elsewhere. Be sure to bring copies of all case related documents collected: medical records, bills, income loss information, the police report and all correspondence and information related to the insurance company.

Questions You Want Answers To
How long has the lawyer been practicing personal injury law?
Which are represented most often, plaintiffs or defendants? This could help to determine which way the lawyer leans toward. For instance, if the percentage of defendant cases is higher than that of their plaintiffs cases, their mindset could be too closely related to an insurance company鈥檚 views. This could result in the law office not fighting as hard for your claim, consciously or unconsciously as they should.
Will the lawyer you are meeting with be the one to handle your case, or will it be passed to a lesser-experienced lawyer in the firm?
What percentage of total office cases involves personal injury cases compare to all other cases?
What percentage does a personal injury lawyer take?
Attorney fees can be substantial 鈥

often more than most can afford 鈥 and most New York City personal injury lawyers, if not all work on a 鈥渃ontingency fee鈥 basis. Meaning you do not pay any upfront fees or on an hourly basis and payment is contingent on the recovery for injuries and only paid when the case is settled. The lawyer agrees to take set a percentage from the recovery after deducting the fees and disbursements 鈥 costs incurred by the lawyer as the case proceeds.

Once you have signed a retainer agreement 鈥
contract between you and the lawyer 鈥 the lawyer is hired and begins work on your case. The agreement spells out the lawyer鈥檚 responsibilities representing you and the what you are expected to do, along with the contingency fee details and expenses you agree to pay, including any costs incurred by the lawyer during his representation of your case.

Can I fire my personal injury lawyer?
In a word, yes. You can fire your personal injury lawyer at any time despite a signed contingency fee contract. Owing him or her money for services depends on the reasons for the firing and could be based on quantum meruit 鈥 how much is merited for services rendered 鈥 instead of the contingency fee. Firing without good cause 鈥 no grounds for a complaint 鈥 can cause the amount owed to range from a small expense up to the entire percentage agreed upon in the contingency fee contract, depending on the litigation point. Hiring a new attorney could mean you pay double attorney fees, so it is best to not fire your lawyer if you can avoid it.

However, firing a lawyer with good cause 鈥 for instance a serious ethics violation(s) 鈥 could be sufficient grounds to deny payment to the fired lawyer in all jurisdictions. For example, if a lawyer is representing both the plaintiff and the defendant; this is a serious conflict of interest. Other good cause reasons, but not limited to are, if your lawyer asks you to lie, commit perjury or defraud your medical claim by lying to your medical insurance carrier in reference to the your injuries related to the case. These may be acceptable grounds to withhold payment from the attorney.

Before you make any decision after you have been seriously injured by the wrongful actions of another, the best action for you is, do not accept an insurance settlement before speaking with a qualified, experienced personal injury lawyer. Contact 91原创视频amp; Aspromonte LLP to find out what your rights are and see what we can do to help. Put us to work and let us start doing what we do best. Doing a good job for you.

Our experienced personal injury lawyers have supported clients through cases involving auto accidents, construction accidents, catastrophic injuries, wrongful death, and additional claims.

Call or text (212) 732-2929 or complete a Free Case Evaluation form

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Have You Suffered a Back Injury? /blog/have-you-suffered-a-back-injury/ /blog/have-you-suffered-a-back-injury/#respond Wed, 11 Dec 2024 12:12:09 +0000 /have-you-suffered-a-back-injury/ Your back is one of the most crucial parts of your body.聽 You use it for stability in nearly every movement you make.聽 When it鈥檚 been injured you feel the pain almost constantly as even the smallest movement may trigger muscle spasms. Further,聽back injuries聽can be among the slowest types of injury to heal.聽 If your […]

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Your back is one of the most crucial parts of your body.聽 You use it for stability in nearly every movement you make.聽 When it鈥檚 been injured you feel the pain almost constantly as even the smallest movement may trigger muscle spasms.

Further,聽back injuries聽can be among the slowest types of injury to heal.聽 If your profession involves significant physical labor a back injury can sideline you for months or longer.聽 Your income can suffer and your career may be derailed or ended altogether.聽 Even if you are able to return to work you may find yourself unable to perform the same tasks you could prior to your injury.

Aside from employment issues, a back injury can affect your quality of life in other ways.聽 Sleepless nights, chronic pain, and even a loss of independence can all arise from serious back injuries.

If you have injured your back you may be entitled to聽compensation for your injury.聽 This may include payment for doctor and hospital visits, lost wages, medication, and even (in some cases) your pain and suffering.

For a free legal consultation, call聽(212) 732-2929

If you鈥檙e hurt and it鈥檚 affecting your ability to earn a living, call us today.聽 If you鈥檙e still able to earn a living, but your quality of life has declined due to the injury, call us today.聽 We have a team of knowledgeable attorneys who will fight for you and work tirelessly to obtain the compensation you are owed.聽聽Contact us聽to see how we can help you get your life back.

Our personal injury team has extensive experience handling claims for car accidents, construction accidents, wrongful death, serious injuries, and more.

Call or text聽(212) 732-2929聽or complete a聽Free Case Evaluation form

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Frequent Tourist Accidents in NYC /blog/frequent-tourist-accidents-in-nyc/ /blog/frequent-tourist-accidents-in-nyc/#respond Wed, 11 Dec 2024 12:07:33 +0000 /frequent-tourist-accidents-in-nyc/ If you are a fan of urban legends or myth busters, you may be familiar with the age old question 鈥渃an a penny falling from the empire state building kill you?鈥 Fortunately for all of us tourists this myth was debunked, but that does not mean that there are unsuspecting dangers looming for those interesting […]

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If you are a fan of urban legends or myth busters, you may be familiar with the age old question 鈥渃an a penny falling from the empire state building kill you?鈥 Fortunately for all of us tourists this myth was debunked, but that does not mean that there are unsuspecting dangers looming for those interesting in taking a bite out of the big apple. While traveling to NYC you must be aware of the possible dangers, and familiar with a New York City Injury Lawyer in the case of any mishap.

Think about any scene from the movie Final Destination, a character is impaled by a falling ladder in the city, or hit in the head by a falling brick, or being trapped and incinerated in a tanning bed. Although these deaths are all dramatized by Hollywood magic, is there any chance that you could be killed, or seriously injured in a freak accident, or more specifically while taking holiday in New York City? The answer is yes. According to the New York Times, in 2008 there were 54,193 deaths in NYC, 1,044 were accidents (excluding drug overdoses). With great risk comes great reward, in the case of聽New York City, with great attractions, public transportation, and millions of people comes accidental tourist injuries and deaths.

For a free legal consultation, call聽(212) 732-2929

The most common accidental injuries from tourist involve public transportation. Many times cabs or buses will hit tourist who are walking somewhere they should not be, or because they have to swerve due to oncoming vehicle or pedestrian traffic. There are cases of amputations, and deaths of tourists in聽New York City聽due to taxi cabs every year. There was even a case in 2009 where tourists taking a helicopter ride above the Hudson River sadly crashed to their death. Sometimes tourists find themselves in danger in the Subway as well, people have fallen in the tracks and gotten hit or have had body parts amputated in the car doors. The moral to this story? Pay attention, and stay alert while on the streets of New York and stay out of the cross walk until it鈥檚 time to go! Cab drivers do not mess around and neither should you. Other than cabs there are also reported cases of tourists succumbing to injuries due to falling into manholes, falling out of windows, falling on construction sites, elevator disasters or taking a selfie somewhere they should not be.

If you find yourself on a trip to a NYC emergency room, there are options for you. You should always contact a New York City lawyer who will be able to assist you with any kind of injury lawsuit. A聽New York City lawyer聽will be able to help you get the compensation you deserve, but in the meantime, always travel safely and remain aware of your surroundings.

Our legal team is equipped to handle personal injury cases such as auto accidents, severe construction accidents, and complex wrongful death claims.

Call or text聽(212) 732-2929聽or complete a聽Free Case Evaluation form

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Guide to Personal Injury Attorneys: Roles, Cases & Compensation /blog/all-about-personal-injury-lawyers/ /blog/all-about-personal-injury-lawyers/#respond Wed, 11 Dec 2024 12:07:02 +0000 /all-about-personal-injury-lawyers/ For the most part, serious or fatal injuries sustained in car crashes, falls and similar circumstances are simply classified as 鈥渁ccidental,鈥 meaning they were unexpected or happened by chance. The National Safety Council prefers the term, 鈥減reventable.鈥 In either case, there鈥檚 no doubt that these incidents take a huge toll on American society. By the […]

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For the most part, serious or fatal injuries sustained in car crashes, falls and similar circumstances are simply classified as 鈥渁ccidental,鈥 meaning they were unexpected or happened by chance. The National Safety Council prefers the term, 鈥減reventable.鈥 In either case, there鈥檚 no doubt that these incidents take a huge toll on American society.

By the National Safety Council鈥檚 estimates, there were nearly 170,000 preventable (accidental) deaths in the United States in 2017 alone. More than 47 million people sought medical attention for accidental injuries sustained that year, and the total cost associated with these incidents topped $1 billion. Based on these statistics, the National Safety Council says 鈥減reventable injuries are at an all-time high, ranking as the third leading cause of death behind heart disease, cancer and chronic lower respiratory disease.鈥

When someone is hurt in motor vehicle accident, fall, or any other circumstances, the single most important thing to do is get prompt medical attention. Then, depending on the situation, they or their loved ones may be able to take legal action against the person or people at fault. That鈥檚 where personal injury lawyers come in.

What does a personal injury lawyer do?
In general, personal injury lawyers help accident victims by:

Evaluating the circumstances that caused the injury.
Providing legal advice.
Determining whom, if anyone was to blame.
Determining whether negligence (carelessness) caused or contributed to the accident.
Establishing the type and extent of losses incurred.
Providing legal representation.
Securing financial compensation for the client by reaching a settlement or taking the case to trial.
For a free legal consultation, call (212) 732-2929

Relevant training and skills
Like all attorneys, personal injury lawyers must be authorized to practice law in the state where they work. This means they have to pass the tests necessary to get into law school, complete law school and pass the state bar exam. Some states may also require additional certifications and ongoing education.

Then there are the intangible skills 鈥 skills that can鈥檛 really be taught and can only be perfected with experience. These include the ability to make strong verbal arguments, excel in negotiations and manage client expectations. The best personal injury lawyers also work well in adversarial environments, and thrive under pressure.

Typical personal injury cases
Because personal injury law is such broad practice area, attorneys will sometimes limit the types of cases they take. For example, some lawyers may concentrate on motor vehicle accidents involving passengers, drivers, pedestrians and motorcyclists. Others may have the expertise needed to tackle personal injury cases involving tractor trailers, buses, aircraft and so on.

The following are also classified as personal injury cases:

Slip and fall
Animal bites/attacks
Construction accidents
Medical malpractice
Nursing home abuse/neglect
Of course, this is not an exhaustive list. Some personal injury lawyers will also take cases where people have been hurt while participating in recreational activities, or even while exercising at their local gym or health club.

Click to contact our personal injury lawyers today

How does a personal injury lawyer build a case?
The first meeting with a personal injury lawyer is usually 鈥 but not always 鈥 a free consultation. During this time, the attorney collects detailed information about the incident and the victim鈥檚 injuries to determine whether he or she has a viable case and the chances of success. This is because most personal injury lawyers work on contingency 鈥 meaning they don鈥檛 charge for services until they finalize a settlement or win at trial.

Once a personal injury lawyer agrees to take your case 鈥 and you retain his or her services 鈥 he or she will start building the case. How this is done depends on the type of accident, injuries and so forth. The attorney may:

Gather additional evidence to support the case including but not limited to accident reports, medical records, witness statements and more.
Engage in negotiations with the responsible party鈥檚 insurance company.
Issue demand letters, which details the incidents and orders the insurance company to make specified reparations.
Draft legal documents to be used in pre-trial hearings and/or at trial.
Conduct certain interviews as part of the 鈥渄iscovery鈥 process.
In most cases, the personal injury attorney鈥檚 efforts result in the settlement of the case without going to trial. However, he or she will also represent his or her client at trial if need be.

Complete a Free Case Evaluation form now

Types of compensation awarded in personal injury cases
Winning plaintiffs in personal injury cases usually receive financial compensation for losses incurred such as:

Past and future income due to the inability to work
Medical expenses, including hospitalization and follow-up care
Rehabilitation costs (when applicable)
91原创视频 care costs (when applicable)
Pain and suffering
Emotional distress
Loss of enjoyment of life (caused by the inability to engage in past activities)
Depending on the circumstances, these awards can be quite substantial, sometimes topping six or even seven figures.

A personal injury lawyer鈥檚 job is demanding, but potentially lucrative
New personal injury lawyers should be prepared to put in long hours in a pressure-packed environment as they hone their skills. Those who survive the first few years will find that the work is rewarding, as well as challenging

In addition to helping accident victims get the compensation they deserve, personal injury lawyers are generally well compensated. Salaries for plaintiff鈥檚 lawyers can range $30,000 to $300,000, depending on practice size and location, with the median salary for all in 2017 totaling $119,250.

Clearly, most new personal injury lawyers joining established won鈥檛 make that much to begin with. However, they should get a percentage of the fees paid to the firm for the cases they鈥檝e won.

Is the financial investment and stress worth it in the long run?
So is this investment 鈥 and the prospect of working in a stressful, adversarial environment for relatively little money to begin with 鈥 worthwhile? The answer is, Yes!

The United States is still a very litigious society 鈥 and for personal injury lawyers, that means there is plenty of work to support a life-long career. The investment in yourself can certainly bring a bright future and the first step is deciding if a legal career is right for you. There will never be a time when people aren鈥檛 injured in some form. Therefore, a career as a personal injury attorney is a great choice for anyone that is interested in this area of law.

Call or text (212) 732-2929 or complete a Free Case Evaluation form

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Personal Injury 鈥 Workplace Bullying /blog/personal-injury-workplace-bullying/ /blog/personal-injury-workplace-bullying/#respond Wed, 11 Dec 2024 11:37:48 +0000 /personal-injury-workplace-bullying/ For all but the wealthiest Americans, working isn鈥檛 a matter of choice; it is a necessity.聽Pew Research Center聽reports that over 157 million Americans are part of the nation鈥檚 workforce. The majority of workers are millennials, although more older Americans are working now than in previous decades. With so many people employed, it is easy to […]

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For all but the wealthiest Americans, working isn鈥檛 a matter of choice; it is a necessity.聽Pew Research Center聽reports that over 157 million Americans are part of the nation鈥檚 workforce. The majority of workers are millennials, although more older Americans are working now than in previous decades.

With so many people employed, it is easy to see why stress, fatigue, and burnout are so common among Americans. But a striking number of workers are experiencing another type of聽personal injury: workplace bullying.

The Definition of Workplace Bullying

The聽Workplace Bullying Institute (WBI)聽defines workplace bullying as ongoing abusive conduct by at least one coworker. The coworker may be in an equivalent, supervisory, or subordinate role. Abusive conduct includes anything that is:

  • Threatening
  • Intimidating
  • Humiliating

Abusive conduct includes overt or passive work sabotage as well as verbal abuse. It causes personal injury as a result of employer negligence.

Examples include:

  • Actions that make the victim feel alone
  • Excluding the victim from group activities and (directly or indirectly) encouraging others to do the same
  • Repeatedly calling someone out for alleged聽workplace violations
  • Yelling at the victim (usually in front of other colleagues)
  • Engaging in harsh and unwarranted criticism
  • Threatening or administering poor work evaluations without cause
  • Ganging up on one person (also known as聽workplace mobbing)
  • Causing personal injury to an employee
  • Engaging in or encouraging gossip
  • Blaming a person for mistakes without cause

How Is Bullying Different From Harassment?

It is essential to understand the difference between bullying and harassment. Both actions:

  • Include unacceptable conduct directed towards a specific person
  • Frequently occur in the workplace
  • Can lead to personal injury

However, unlike bullying, harassment is a pattern of behavior based only on the victim鈥檚 race, ethnicity, gender identity and expression, or sexual orientation. As such, harassment violates both state and federal law.

Bullying at Work Prevalence

The聽WBI鈥檚 2021 US Workplace Bullying Survey聽found that 79.3 million workers are affected by workplace bullying across America. Alarmingly, the survey conducted in January 2021 also discovered that:

  • 30% of all workers have direct experience being bullied
  • 48.6 million Americans are bullied at work
  • 65% of all workplace bullies are bosses or hold a managerial role

Based on those findings, the WBI classified workplace bullying in America as epidemic-level.

Workplace Bullying Perpetrators and Victims

The recent WBI survey also yielded information about workplace bullying perpetrators and their victims. The majority (67%) of workplace bullies are men, while 33% are women. Furthermore, while male bullies tend to target women, women target other women twice as often as they target men.

The research determined that 21% of workplace coercion is peer-to-peer, 65% comes from bosses, and 14% occurs from subordinates.

In terms of race and ethnicity, the survey found that Hispanics were most often bullied at work, followed by African American and white workers.

For a free legal consultation, call聽(212) 732-2929

Personal Injuries Caused By Workplace Bullying

The impact of workplace bullying varies based on the severity of the activity, how long the victim has been targeted, and personal resiliency. Workplace bullying injuries affect a person鈥檚 physical health and cause psychological damage.

Mentally, bullied individuals can develop PTSD. The misconduct can lead to high stress, depression, panic attacks, and compromised memory. The psychological damage from ongoing bullying leads to physical impairments, like:聽

  • Teeth grinding
  • Insomnia
  • Mood swings
  • Frequent flu-like symptoms
  • Elevated blood pressure
  • Migraines
  • Joint pain
  • Skin irritations
  • Upset stomach

As bullying takes a toll on a person, their work performance nearly always declines. To avoid a hostile work environment, victims of workplace bullying may have higher absenteeism than their peers. Outside of work, the victim may also have difficulty maintaining healthy relationships.

Most Victims Stay Quiet

The WBI report found that targeted individuals have a 67% chance of losing their jobs due to bullying, which explains why so many victims of workplace bullying stay quiet. In 12% of cases, the employer fired the targeted employee.

Why do victims stay silent? Most organizations do not pursue formal recourse. As the survey indicates, only 11% of bullies are punished, and 9% are terminated.

Of the survey participants who filed complaints, 12% said their employer did not take action, and therefore, the problems did not stop. Six percent reported that positive changes from their employer stopped bullying behaviors, and 4% stated a coworker put an end to the misconduct.

Is Bullying in the Workplace Illegal?

So far, 31 states have introduced various iterations of the聽Healthy Workplace Bill. The bill does not use the term 鈥渨orkplace bullying鈥 but defines and addresses 鈥漚busive work environments.鈥

The Healthy Workplace Bill includes provisions that allow affected employees to:

  • Pursue legal recourse for health-harming cruelty at work
  • Sue the perpetrator as an individual
  • Hold the employer accountable for the perpetrator鈥檚 behavior
  • Seek reparations for lost wages and benefits
  • Compel employers to prevent and correct future instances

Its provisions also protect employers from frivolous complaints and litigations by:

  • Requiring proof of health harm by licensed professionals
  • Giving employers the ability to discipline offenders
  • Mandating that plaintiffs use private attorneys
  • Filling loopholes in current state and federal civil rights protections

The Healthy Workplace Bill does not:

  • Require state agencies to enforce any provisions of the law
  • Incur costs for adopting states
  • Mandate that plaintiffs are members of protected status groups

Employees Want Safer Workplaces

The WBI survey found that 90% of respondents support the enactment of a new anti-bullying law. The provisions would 鈥減rotect all workers from repeated health-harming abusive mistreatment in addition to protections against illegal discrimination and harassment.鈥

Preventing Bullying at Work

Strong leadership can effectively address workplace bullying in the absence of existing laws, workplace education, and zero-tolerance policies.聽

Encouraging all employees to treat each other with a healthy dose of compassion and empathy cultivates a better workplace culture. Employees should be urged to lead by example and speak out if they see something wrong.

The WBI report found that 34% of respondents ignored or were unaware of workplace misconduct. Educating workers on proper conduct and providing resources for potential victims can minimize workplace delinquencies and create a more productive environment.

Click to contact聽our personal injury lawyers today

Do I Need a Lawyer for a Workplace Bullying Claim?

A victim of workplace bullying suffers physically, mentally, and financially. A聽personal injury lawyer聽helps victims prove a direct link between a perpetrator鈥檚 actions and a person鈥檚 damages.聽

In some cases, legal action can prove how bullying behaviors caused emotional disability or physical impairment, allowing the victim to collect workers鈥 compensation.聽

Workers鈥 compensation requirements for workplace bullying claims vary by state. To determine if you are eligible to collect damages, review your case with a personal injury lawyer.

Complete a聽Free Case Evaluation form聽now

Personal Injury Lawyers for Workplace Bullying Victims

Workplace bullying is a serious matter, and victims may be entitled to compensation. If you or someone you know has endured personal injuries due to bullying in the workplace,聽contact 91原创视频amp; Aspromonte LLP Associates聽now.

We have helped clients obtain justice and compensation in a variety of personal injury cases, such as car accidents, construction accidents, wrongful death, and severe injuries.

Call or text聽(212) 732-2929聽or complete a聽Free Case Evaluation form

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