A No Win, No Fee arrangement, also known as a contingency fee agreement, is a financial structure between a client and a lawyer where the lawyer’s fees are conditional on the case’s outcome. Under this agreement, the lawyer will not charge any upfront fees for their services, and the client is not required to pay legal fees if the case is lost. Instead, the lawyer’s fees are contingent upon winning the case or securing a settlement in favor of the client.
Here’s how it typically works:
A no Win, No-fee agreement allows individuals to pursue legal claims without the fear of incurring large legal fees, ensuring access to justice for those who might otherwise be unable to afford legal representation.
Learning how No Win, No Fee works with lawyers is crucial in understanding the access clients have to legal help. A unique advantage for clients seeking legal representation, especially in fields like personal injury, where the outcome of a case can be uncertain. This arrangement not only makes legal services accessible to a broader segment of the population but also offers several distinct benefits:
The most significant benefit is eliminating financial risk for clients. The client must not pay any legal fees if the case does not result in a win or a settlement. This aspect is particularly beneficial for individuals who might not have the resources to afford legal representation otherwise.
By removing the barrier of upfront legal fees, No Win, No Fee agreements ensure that individuals who have suffered harm have access to the justice system, regardless of their financial situation. This democratization of legal representation means that more people can pursue rightful claims without the fear of financial ruin.
Since the lawyer’s payment is contingent upon the case’s success, clients can be confident that their attorney is motivated to achieve the best possible outcome. This alignment of interests ensures that the lawyer works diligently on the client’s behalf, as both parties benefit from a favorable result.
Some might assume that No-Win, No-Fee arrangements could lead to lower-quality legal services, but in reality, lawyers who offer these terms are often highly skilled and confident in their ability to win cases. Since their payment depends on winning, they will likely take on cases with a strong chance of success and will work tirelessly to achieve a positive outcome.
Lawyers working on a contingency basis tend to be more transparent about the prospects of a case from the outset. They are likely to keep clients well-informed throughout the process, ensuring that there is clear communication about the progress of the case and any potential challenges that may arise.
Clients can initiate legal proceedings without paying upfront fees, which can be particularly helpful in times of financial strain, such as after an accident or injury. This can provide significant relief during a period often marked by increased expenses and, possibly, decreased income.
Knowing that legal fees are not accumulating can relieve pressure on the client to settle quickly and may discourage low-ball settlement offers from the opposing side. It gives the lawyer the leverage to negotiate more effectively for a fair and just settlement.
No-Win, No-Fee arrangements offer a compelling suite of benefits for clients. They make legal representation more accessible and aligned with the client’s best interests. This model promotes justice and fairness, ensuring that individuals can pursue legal claims without the burden of financial risk.
At Roth & Khalife LLP, we understand the challenges and uncertainties of personal injury cases. Recognizing the financial pressures that can deter individuals from seeking legal representation, we proudly offer our services on a contingency fee basis. This means our clients do not pay any upfront fees, and we only receive payment if we successfully secure compensation for them. Below is a list of just some of the personal injury cases we typically handle on a contingency basis:
Our commitment is to offer dedicated support and legal representation, helping our clients secure the compensation they deserve without financial burden upfront. If you’ve been injured due to someone else’s negligence, we’re here to help.
Don’t let financial worries prevent you from seeking the justice and compensation you deserve. With our contingency fee arrangement, you pay nothing upfront and only if we win your case. Contact us today for a free consultation, and let’s take the first step towards your recovery and victory.
“No Win, No Fee” is an agreement between a client and a lawyer where the lawyer’s fees are only payable if the case is won or successfully settled. If the case is unsuccessful, the client does not owe any legal fees to the lawyer.
Typically, there are no upfront fees required when you enter into a No-Win, No-Fee agreement. However, some cases may incur costs unrelated to lawyer fees, such as court fees or expenses for obtaining evidence. It’s important to discuss with your lawyer what costs might arise and who will be responsible for them initially.
Under a No-Win, No-Fee agreement, you should not have to pay your lawyer’s fees if the case is not successful. However, you may still be responsible for other costs or expenses and, in some instances, the opposing party’s legal costs. It’s crucial to understand the specific terms of your agreement.
Personal injury lawyers benefit from these arrangements by receiving a percentage of the settlement or award if the case is won. This percentage is agreed upon before taking the case. Such arrangements also allow lawyers to take on meritorious cases for clients who might not otherwise afford their services, expanding their client base.
The lawyer’s fee is usually a predetermined percentage of the compensation awarded or settlement reached. This percentage varies but is typically between 25% and 40%, depending on the complexity of the case and the jurisdiction.
Not all cases are suitable for No-Win, No-Fee arrangements. Lawyers typically evaluate the merits and potential value of a case before agreeing to one. Common cases include personal injury, medical malpractice, and employment discrimination.
It’s essential to thoroughly review any agreement before signing. Look for clear terms about what constitutes a “win,” the percentage you will owe if successful, any potential costs or expenses outside of the lawyer’s fees, and any circumstances under which you might be liable for fees even if you don’t win.
No-win, No-Fee agreements are most common in personal injury, employment law, and some civil rights cases. Due to the different nature of these cases, they are less common in other areas of law, such as criminal defense or family law.
Terminating a No-Win, No-Fee agreement early can result in being responsible for costs and fees incurred until termination. The specific consequences depend on the agreement terms you sign, so it’s important to understand these terms fully.
The first step is to contact a lawyer or law firm that offers No Win, No Fee agreements for a consultation. We will assess your case to determine its suitability for such an arrangement and explain the next steps.
]]>Emotional distress, also known as mental anguish or psychological injury, is a significant component of many personal injury claims. It refers to the psychological harm and suffering experienced by an individual as a result of a traumatic event or negligent actions of another party, such as following a car accident or workplace incident.. Emotional distress can manifest in various forms and may include:
Victims may experience persistent feelings of sadness, hopelessness, and worry, leading to clinical depression or anxiety disorders.
Traumatic events can induce intense fear, shock, or terror, often resulting in nightmares, flashbacks, and heightened sensitivity to triggers associated with the incident.
Individuals exposed to traumatic events may develop PTSD, characterized by intrusive thoughts, avoidance behaviors, hypervigilance, and emotional numbing.
Victims may struggle with feelings of anger, irritability, and frustration, particularly towards the party responsible for their injuries or the circumstances leading to the traumatic event.
Emotional distress can diminish an individual’s ability to find joy or pleasure in activities they once enjoyed, leading to social withdrawal and isolation.
Psychological distress can manifest in physical symptoms such as headaches, gastrointestinal issues, muscle tension, and fatigue, exacerbating the overall impact on an individual’s well-being.
Severe emotional distress can impair cognitive function, memory, concentration, and decision-making abilities, affecting an individual’s daily functioning and quality of life.
Emotional distress can strain personal and interpersonal relationships, leading to conflicts, breakdowns in communication, and feelings of alienation or disconnection from loved ones.
In personal injury cases, emotional distress damages seek to compensate victims for the psychological harm endured due to the defendant’s negligent or intentional actions. Proving emotional distress often requires evidence such as medical records, therapy sessions, witness testimony, and expert opinions to establish the severity and impact of the psychological injury on the victim’s life.
If you’ve been experiencing any of the above symptoms following an incident, you may be wondering if you have a case. So, when can you file an emotional distress lawsuit? Here are some indications:
Emotional distress lawsuits typically involve significant psychological injuries, such as severe anxiety, depression, PTSD, or other mental health conditions, that significantly impact your daily life and well-being. If you have experienced profound emotional suffering due to the actions of another party, you may have grounds for a lawsuit.
It’s essential to establish a clear link between the defendant’s actions or negligence and the emotional distress you have suffered. If you can demonstrate that the defendant’s conduct directly caused or contributed to your psychological injuries, you may have a valid claim for compensation.
Witness testimony, along with documented evidence of the distressing incident or its aftermath, can strengthen your case. This may include eyewitness accounts, medical records, therapy notes, or any other documentation that supports your claims of emotional harm.
Emotional distress claims must meet certain legal standards to be considered valid. This often involves proving that the defendant’s conduct was extreme or outrageous and that it resulted in severe emotional distress beyond what a reasonable person would typically endure in similar circumstances.
Seeking professional evaluation and diagnosis from mental health professionals, such as psychologists or psychiatrists, can provide objective validation of your emotional distress symptoms. These professionals can assess the nature and severity of your psychological injuries, which can bolster your legal claim.
Consulting with experienced personal injury attorneys at Roth & Khalife, LLP is crucial for evaluating the strength of your emotional distress claim. Legal experts can review the details of your case, assess its merits, and provide informed guidance on the best course of action to pursue justice and compensation.
Navigating the complexities of emotional distress lawsuits requires a thorough understanding of legal principles and procedures. With the support and advocacy of seasoned attorneys at Roth & Khalife, LLP, you can assert your rights, hold negligent parties accountable, and pursue fair compensation for the emotional harm you have endured.
Another clear indication of whether you have a valid emotional distress lawsuit is if it matches the description for the different categories of emotional distress cases. These include:
Negligent Infliction of Emotional Distress: Where the defendant’s careless actions result in significant psychological harm to the victim. This could involve a range of scenarios, such as a car accident caused by reckless driving, medical malpractice leading to severe emotional trauma, or a workplace accident due to employer negligence.
Intentional Infliction of Emotional Distress: In cases of intentional infliction of emotional distress, the defendant deliberately engages in extreme or outrageous conduct that causes severe psychological harm to the victim. This could include instances of bullying, harassment, stalking, or other malicious behaviors intended to cause emotional distress.
These categories are crucial in determining fault and liability in emotional distress lawsuits, as they help establish the legal basis for your claim. By identifying the type of emotional distress you have suffered and how it relates to the actions of the defendant, you can build a compelling case for compensation.
Proving emotional distress in New York, or any jurisdiction, typically requires demonstrating that the distress is severe, genuine, and directly attributable to the defendant’s actions or negligence. While emotional distress claims can be complex and subjective, there are several key elements and strategies that can help strengthen a case. As your legal guide, here is the evidence that our attorneys at Roth & Khalife, LLP, will look for when working on your case:
Documented Symptoms: It’s essential to document the emotional symptoms experienced as a result of the distress. This may include feelings of anxiety, depression, fear, humiliation, or trauma. Keeping a journal detailing these symptoms, their frequency, and their impact on daily life can provide valuable evidence.
Medical and Psychological Evaluations: Obtaining professional evaluation and treatment from medical doctors, therapists, or psychologists is crucial. Medical records and expert testimony can corroborate the existence and severity of emotional distress, as well as establish a causal link between the distress and the defendant’s actions.
Corroborating Evidence: Collecting corroborating evidence to support your emotional distress claim is vital. This may include witness statements, emails, texts, or other documentation that demonstrate the defendant’s conduct or the circumstances leading to the distress.
Impact on Life: Showing how the emotional distress has impacted various aspects of your life is persuasive. This could include disruptions in sleep patterns, appetite changes, social withdrawal, relationship strain, or interference with work or daily activities.
Proving Causation: Establishing a causal connection between the defendant’s actions or negligence and the emotional distress is essential. This requires demonstrating that the defendant’s conduct was a direct and foreseeable cause of the distress, without which the distress would not have occurred.
Expert Testimony: Expert testimony from mental health professionals, psychiatrists, or psychologists can be instrumental in explaining the nature and extent of emotional distress, as well as its impact on the individual’s well-being. Experts can also help validate the legitimacy of the distress and its connection to the defendant’s conduct.
Documenting Damages: In addition to the emotional toll, documenting any financial losses or out-of-pocket expenses incurred as a result of the emotional distress, such as medical bills or therapy costs, strengthens the claim for compensation.
Adhering to Legal Requirements: It’s essential to comply with New York’s legal requirements for emotional distress claims, including statutes of limitations and procedural rules. For intentional infliction cases, the statute of limitations is 1 year from the act, while it’s 3 years for negligent cases. Consulting with an experienced attorney who understands New York’s laws and court procedures is advisable to navigate these complexities effectively.
These pieces of evidence are crucial to obtaining compensation and justice for your emotional distress. Consult with the attorneys at Roth & Khalife, LLP, to talk about your case.
If you’re experiencing emotional distress after an incident due to someone’s negligence or intentional infliction, you may be entitled to compensation through an emotional distress lawsuit. It’s important to gather evidence of the impact on your life, establish causation, seek expert testimony, document damages, and adhere to legal requirements in order to build a strong case.
At Roth & Khalife, LLP, our experienced attorneys can help guide you through the process and fight for the justice you deserve. Contact us today for a free consultation.
]]>When it comes to keeping your child safe while on the road, following New York State car seat laws is crucial. The Centers for Disease Control and Prevention (CDC) reports that car seat use reduces the risk of injury in a crash by 71-82% for children. To ensure your child’s safety, here are New York’s car seat laws:
All children under the age of 2 must ride in a rear-facing car seat
All children under the age of 4 must ride in child safety seats
All children must ride in a child restraint system until their 8th birthday
Following New York’s car seat laws ensures you avoid any penalties, as well as ensures your child’s safety. For questions regarding car seat safety or if you or a loved one has been injured in a car accident due to improper use of car seats, contact Roth & Khalife, LLP for expert legal advice and representation.
Failing to follow the car seat laws outlined above will lead to penalties, including fines and points on your driver’s license. In New York State, the fine for a seat belt violation is up to $50. However, if the fine is for a person under the age of 16, the driver will receive a maximum fine of $100 and three points on their license.
Not only are there legal consequences for violating car seat laws, but more importantly, there is an increased risk of injury or death for children in the event of a car accident. By properly securing your child in a car seat according to New York State laws, you are helping to protect them from serious harm.
Selecting the appropriate car seat for your child is a critical decision that directly impacts their safety while traveling in a vehicle. With various types and models available, understanding the key factors in choosing the right car seat can help ensure your child’s protection on the road. Here’s a guide to help you make the best choice:
Car seats are designed to accommodate children based on their age, weight, and height. Follow the manufacturer’s guidelines to determine which type of car seat is suitable for your child’s specific measurements.
There are several types of car seats available, including rear-facing, forward-facing, convertible, and booster seats. Each type is designed for different stages of a child’s growth and development. Choose the car seat that aligns with your child’s current stage and needs, as well as one that adheres to New York car seat laws.
Look for car seats that meet or exceed safety standards set by regulatory agencies such as the National Highway Traffic Safety Administration (NHTSA). Consider features like side-impact protection, adjustable harness systems, and energy-absorbing materials to enhance safety in the event of a crash.
Proper installation is crucial for the effectiveness of a car seat. Follow the manufacturer’s instructions carefully and refer to your vehicle’s owner’s manual for guidance on installation methods and compatibility. The car seat should fit securely in your vehicle and remain stable during travel.
Before purchasing a car seat, check for any recalls or safety notices issued by the manufacturer. Additionally, be aware of the expiration date of the car seat, as materials may degrade over time and impact the seat’s performance in a crash.
By carefully considering these factors and prioritizing your child’s safety, you can confidently choose the right car seat that provides optimal protection during travel. Remember to regularly inspect and maintain the car seat to ensure its continued effectiveness and reliability on the road.
Proper use of a car seat can help prevent serious injuries in the event of a car accident. By securing your child in a car seat that is appropriate for their age, weight, and height, you can reduce the risk of the following common injuries:
Head and Neck Injuries: In a crash, the force of impact can cause a child’s head and neck to be thrown forward, potentially causing whiplash, concussion, or even more severe injuries. A properly installed car seat with appropriate head and neck support can help mitigate these risks.
Chest Injuries: Without a secure restraint system, a child’s chest may be impacted by the force of a crash, leading to bruising, broken ribs, or internal injuries. A well-fitted harness on a car seat can help distribute the impact forces and protect the child’s chest area.
Abdominal Injuries: The abdomen is a vulnerable area in a car crash, as it can be subject to blunt force trauma from the seatbelt or other objects in the vehicle. A properly secured car seat with a snug harness can help prevent abdominal injuries by keeping the child securely in place and minimizing movement during a collision.
Spinal Injuries: The spinal cord is a critical part of the body that must be protected in a car accident. A car seat with proper support and padding can help reduce the risk of spinal injuries by providing stability and cushioning in the event of a crash.
Ejection from the Vehicle: One of the most dangerous outcomes of not using a car seat is the risk of ejection from the vehicle in a crash. A securely installed car seat can help keep your child in place and reduce the likelihood of them being thrown from the vehicle, which can result in serious injuries or even fatalities.
By understanding and adhering to New York State car seat laws, prioritizing safety features, ensuring proper installation and fit, checking for recalls and expiration dates, and avoiding common injuries with a car seat, you can provide your child with the best possible protection while traveling in a vehicle. Remember that safety should always be the top priority when it comes to selecting and using a car seat for your child. Stay informed on the latest regulations and recommendations to ensure that you are providing a safe and secure environment for your little one on the road.
If you or your child has been involved in a car accident and sustained injuries despite proper use of a car seat, Roth & Khalife, LLP is here to help with your personal injury needs. Our experienced team of attorneys specializes in handling cases involving car accidents and can provide you with the legal assistance and guidance you need during this challenging time. You don’t have to go through this alone, call 212-608-3015 for a free consultation.
]]>New York operates under a mixed “one-bite” rule and strict liability statute regarding dog bites. This means that the state combines elements of both approaches to determine when a dog owner can be held liable for injuries caused by their pet.
Under the “one-bite” rule, a dog owner may not be held liable for the first bite or attack by their dog, unless the owner knew or should have known about the dog’s vicious propensities. Evidence of previous aggressive behavior, such as growling, snapping, or a prior bite, can demonstrate vicious propensities. If such behavior can be proven, the owner can be held liable for the injuries caused by their dog.
Regardless of the dog’s previous behavior, New York enforces strict liability for the dog owner for medical and veterinary costs resulting from a bite or attack. This means that if a dog bites someone, the owner is automatically responsible for covering the victim’s medical expenses, even if the dog has never shown aggression before.
Owner liability and negligence in the context of New York dog bite laws encompass a broader legal framework that holds dog owners accountable for injuries caused by their pets, beyond the specific scenarios outlined in the “one-bite” rule and strict liability for medical costs. This aspect of the law delves into the principles of negligence, where an owner’s failure to act with reasonable care leads to an injury. Here’s an expanded look at how owner liability and negligence are applied in dog bite cases in New York:
Negligence refers to a dog owner’s failure to take reasonable steps to prevent their dog from causing harm to others. In the context of dog bite laws, an owner can be found negligent if it is determined that they did not act as a reasonably prudent dog owner would under similar circumstances. This could include situations where:
To establish negligence in a dog bite case, the victim must typically prove the following elements:
New York follows the principle of comparative negligence, which means that if the victim of a dog bite is found to have contributed to the incident in some way, their compensation can be reduced by the percentage of their fault. For example, if a person is bitten after teasing or provoking the dog or trespassing on the owner’s property, their ability to recover damages may be limited or reduced based on their contribution to the event.
The legal framework surrounding owner liability and negligence underscores the importance of responsible pet ownership. Dog owners are expected to take proactive measures to train and control their pets, ensure their property is secure, and adhere to local pet ownership and control laws. Failure to do so puts others at risk and exposes the owner to potential legal action and financial liability for any damages resulting from their dog’s actions.
Here’s a guide on what to do after being injured by a dog bite in NYC:
These steps are crucial for your health, legal rights, and potentially pursuing compensation.
As a law firm with experience in in personal injury cases, including dog bites, we understand the physical, emotional, and financial toll these incidents can take on victims and their families. Here’s how a dog bite lawyer from our firm can assist you:
At Roth & Khalife, LLP, we’re committed to supporting dog bite victims through every step of the legal process, offering compassionate service while aggressively pursuing the justice and compensation you deserve. Our no-win, no-fee policy means you won’t pay any legal fees unless we secure compensation for you, allowing you to focus on recovery without financial stress.
Don’t let a dog bite disrupt your life without seeking justice. At Roth & Khalife, LLP, our attorneys are ready to help you claim the compensation you need and deserve. Contact us now for a free consultation—no win, no fee. Let’s secure your rightful compensation together.
Yes, New York is considered a “mixed” state, applying both the “one-bite” rule and strict liability in certain circumstances.
Strict liability means that a dog owner is automatically responsible for the medical costs of a dog bite, without needing the victim to prove negligence or prior knowledge of the dog’s vicious tendencies.
Dog bite victims might be able to sue for damages beyond medical costs if you can demonstrate that the dog owner was negligent (e.g., not leashing the dog in a public area) or if the dog was known to have dangerous propensities even without a prior bite. Consulting with a dog bite attorney can clarify your options.
Victims of dog bites can seek compensation for medical bills, lost wages, pain and suffering, and other related damages. The exact compensation will depend on the specifics of the case, including the injuries’ severity and the bite’s circumstances.
The statute of limitations for filing a dog bite lawsuit in New York is generally three years from the bite date. However, starting the legal process as soon as possible is recommended to ensure the best outcome.
In many cases, homeowners’ or renters’ insurance policies will cover liabilities arising from dog bites, including legal fees and damages awarded to the victim. Policy details and coverage limits can vary, so checking your specific policy is important.
]]>When large trucks are involved in accidents on New York City’s roads, the injuries sustained by car drivers and passengers can be severe and complex. At Roth & Khalife, LLP, we’ve seen firsthand the wide range of injuries that can result from such collisions. Here, we delve deeper into the types of injuries commonly associated with truck accidents and their potential long-term impacts.
Beyond the Immediate Impact: TBIs are among the most serious injuries resulting from truck accidents:
Life-Altering Consequences: Injuries to the spinal cord can have devastating effects:
Painful and Limiting: The force of a truck accident can cause severe fractures:
Hidden but Harmful :Internal injuries are often not immediately apparent but can be life-threatening:
Not Just Surface Wounds: These injuries, though often less severe, can have significant implications:
The Invisible Scars: The emotional impact of truck accidents is profound:
Common but Debilitating: These injuries, while common, can be debilitating:
If you or a loved one has suffered injuries in a truck accident, understanding your legal options is crucial. At Roth & Khalife, LLP, we are committed to helping victims navigate the complex legal landscape and secure the compensation they deserve for their injuries and suffering. Contact us for compassionate and skilled legal representation.
The bustling streets of New York City witness a significant number of truck accidents each year. Understanding the common causes of these accidents is crucial for both prevention and legal recourse. At Roth & Khalife, LLP, we have dealt with numerous truck accident cases, offering us unique insights into their common causes and the legal complexities they entail.
The Human Factor: One of the leading causes of truck accidents is driver error, which encompasses a range of issues:
The Role of Equipment: Even with a skilled driver, mechanical failures can lead to accidents:
The Uncontrollable Elements: External factors play a significant role in truck accidents:
The Weight Factor: The way a truck is loaded can impact its stability and safety:
The Organizational Aspect: Trucking companies’ responsibilities include:
Critical Steps to Protect Your Health and Rights The moments following a truck accident are crucial for both your health and any future legal claim:
The Role of Experienced Legal Advocacy Our legal team at Roth & Khalife, LLP provides comprehensive support:
Securing Your Financial Recovery: The compensation you receive should cover all aspects of your accident and its consequences:
Understanding your rights is key to protecting yourself and your interests:
If you or a loved one has been injured in a truck accident in New York City, don’t face the legal battle alone. Contact Roth & Khalife, LLP for a consultation and learn how we can help you navigate this challenging time. Our commitment is to your recovery and justice. Reach out today and take the first step towards getting the compensation and support you deserve.
]]>Based on information from the Federal Motor Carrier Safety Administration (FMCSA), the typical expenses associated with a large truck collision in 2018 averaged about $120,000. This amount primarily covers tangible losses such as property damage, medical costs, and lost income. It does not encompass compensation for intangible damages like pain and suffering or other non-economic impacts.
Generally, the financial settlements in truck accident cases can vary widely, extending from several thousand dollars to multi-million dollar figures. The specific amount often hinges on the details of each case. For instance, in situations where the accident has led to severe injuries or fatalities, the resultant settlement figures tend to be significantly higher.
Recent truck accident settlements across the United States have demonstrated the significant financial impact these accidents can have, especially when involving catastrophic injuries or fatalities. Here are some notable settlements:
These cases highlight the vast range of settlement amounts in truck accident cases, reflecting the severity of injuries and the circumstances of each incident.
If you’ve been involved in a truck accident, you may be facing significant challenges, including physical injuries, emotional trauma, and financial burdens. We understand the complexity of these situations and offer guidance on how to pursue the compensation you rightfully deserve.
First and foremost, prioritize your health and safety. Even if you feel fine, some injuries may not be immediately apparent. Medical records will also serve as crucial evidence in your claim.
Gather as much information as you can from the accident scene. This includes photos of the vehicles involved, the accident site, any visible injuries, and contact information from witnesses.
Notify the police and ensure an official accident report is filed. This report is a vital piece of evidence when establishing fault and liability.
Be cautious of early settlement offers from insurance companies. These offers are often lower than what you may be entitled to and can waive your right to pursue additional compensation later.
Maintain a record of all medical treatments, expenses related to the accident, lost wages, and any other impacts the accident has had on your life.
Consulting with an experienced truck accident lawyer is crucial. We can help evaluate your case, advise on legal options, and handle negotiations with insurance companies on your behalf.
Every truck accident case is unique. We’ll help you understand your rights and the compensation you may be entitled to, including medical expenses, lost income, pain and suffering, and more.
If your case requires legal action, having a skilled attorney to represent you is invaluable. We can guide you through the litigation process, ensuring your case is presented effectively.
Recovering from a truck accident can be a daunting process, but you don’t have to navigate it alone. At Roth & Khalife LLP, we’re committed to advocating for your rights and helping you secure the compensation you need to move forward.
As a law firm that regularly handles truck accident cases, we often encounter questions about why settlements in these cases tend to be significantly higher than in typical car accidents. Here’s a look at the factors contributing to these high settlement amounts:
Determining fault after a truck accident involves a complex process that examines various factors and evidence. We assist our clients in navigating this crucial aspect of their truck accident claims. Here’s an overview of the process:
The analysis of the accident scene, including photographs, witness statements, and police reports, forms the foundation for establishing how the accident occurred.
Inspecting the location and extent of damage on the involved vehicles can provide key insights into the dynamics of the accident and suggest fault.
Truck driver logs, detailing hours on the road and rest periods, alongside the driving history of all parties, can be pivotal in indicating potential fatigue, regulation violations, or patterns of negligence.
Data from truck electronic logging devices, such as speed and brake usage, coupled with any available surveillance footage, offers objective evidence regarding the accident’s circumstances.
Engaging accident reconstruction experts and conducting mechanical inspections, especially if vehicle malfunction is suspected, are instrumental in piecing together the events leading to the accident.
A thorough understanding of traffic laws and trucking regulations is essential to identify any legal violations that contributed to the accident.
Evaluating behaviors like speeding, distracted driving, or driving under the influence is crucial in determining fault, especially when such actions breach standard safety practices.
The process of determining fault in a truck accident is multifaceted, considering the scale and impact of such incidents. At Our experience and resources are dedicated to meticulously investigating these accidents and advocating for our clients’ interests.
Securing the compensation you deserve following a truck accident often requires legal experience and a strategic approach. A truck accident lawyer plays a critical role in this process, and here’s how we can assist:
Our truck accident lawyers offer knowledge of the laws and regulations that govern truck accidents, ensuring your case is handled accurately and effectively.
We delve into every detail of your case, gathering evidence, consulting experts, and building a strong argument for your claim.
Our experience with insurance negotiations enables us to advocate effectively for your rights, often leading to higher compensation than what might be achieved independently.
If your case goes to trial, having a skilled lawyer by your side is crucial. We represent your interests in court, presenting your case compellingly to strive for the best possible outcome.
We evaluate all aspects of your claim, including medical expenses, lost wages, and pain and suffering, to ensure you are seeking an appropriate amount of compensation.
Navigating the aftermath of a truck accident can be overwhelming. We provide not just legal representation, but also emotional support and guidance throughout the process.
A truck accident lawyer can significantly increase your chances of receiving fair compensation. Our team is dedicated to supporting you through every step, from initial consultation to final settlement or verdict.
Navigating the settlement process of a truck accident lawsuit can be complex and multifaceted. We guide our clients through each step to ensure they understand and are prepared for the journey ahead. Here’s an overview of the process:
The process begins with an initial consultation where we evaluate the details of your case, discuss the potential for compensation, and plan the best course of action.
Our team conducts a comprehensive investigation, collecting all necessary evidence including accident reports, witness statements, medical records, and any available video footage.
We determine who is liable for the accident and calculate the total damages, considering medical expenses, lost wages, pain and suffering, and any other relevant factors.
If a settlement cannot be reached outside of court, we proceed with filing a lawsuit on your behalf, officially starting the legal process.
During the discovery phase, both parties exchange information and evidence. Depositions, where witnesses and involved parties are interviewed under oath, may also occur.
Negotiations often take place throughout the lawsuit, with both sides discussing potential settlement terms. Mediation, involving a neutral third party, may be used to facilitate these discussions.
If a settlement is not reached, we prepare for trial, developing a strong case strategy and organizing all necessary documents and evidence.
During the trial, both sides present their arguments, evidence, and witness testimonies. After hearing all the evidence, a judge or jury will make a decision on the case.
The case may settle at any point, even during trial. If it goes to judgment, the judge or jury will determine the compensation amount based on the evidence presented.
At Roth & Khalife LLP, we handle truck accident cases on a contingency fee basis. This means our clients pay no upfront fees. Our payment comes as a percentage of the settlement or verdict amount. If we don’t win your case, you owe us nothing. This approach allows our clients to seek legal representation without financial burden.
If you’ve been involved in a truck accident, don’t navigate this challenging time alone. Contact Roth & Khalife LLP for legal guidance and dedicated representation. Let us help you secure the compensation you deserve. Call us now for a free consultation.
]]>Ridesharing is a service where passengers use a smartphone app to arrange shared rides with drivers using their personal vehicles. It’s known for its convenience, app-based booking and payment system, and flexible driver schedules. Unlike traditional taxis, ridesharing often features dynamic pricing and the option for carpooling.
Rideshare services like Uber and Lyft have become integral to urban transportation. However, with their rise, accidents involving these services have also increased. Unlike traditional car accidents, rideshare accidents involve multiple parties – the driver, the rideshare company, other vehicles, and potentially pedestrians.
Rideshare accidents, involving services like Uber and Lyft, are inherently more complicated than typical auto accidents due to several unique factors:
Rideshare drivers are generally considered independent contractors rather than employees. This distinction impacts liability and the extent to which the rideshare company can be held responsible for the driver’s actions.
Establishing fault in rideshare accidents can be challenging, especially when multiple vehicles are involved. The process often requires thorough investigation and analysis of traffic laws, driver behavior, and vehicle operation.
Rideshare services are subject to varying regulations across different states and cities, affecting how accidents are handled legally. These regulations can influence insurance coverage requirements and liability issues.
Rideshare companies collect extensive data on trips, which can be crucial in an accident investigation. However, gaining access to this data for legal purposes can be a hurdle. Issues like app functionality, driver distraction due to app usage, and GPS tracking can also play roles in determining liability.
Rideshare companies, keen on maintaining public trust, might have policies affecting how accidents are handled, which can impact negotiations and settlements. There’s often a higher level of scrutiny in these cases, given the public interest in and usage of rideshare services.
Accidents might involve not just the rideshare driver and passenger, but also pedestrians, cyclists, or other vehicles, complicating the determination of liability and damages.
Assessing damages in rideshare accidents, which may involve multiple injured parties with varying degrees of injury, adds to the complexity, especially when negotiating settlements.
Given these complexities, individuals involved in rideshare accidents often benefit from legal representation knowledgeable in navigating the unique challenges of these cases. A NYC car accident lawyer can help unravel these complexities, ensuring fair and just handling of the case.
Rideshare companies have unique insurance policies that can be complicated to understand. An attorney can help decipher these policies and determine the best course of action for your claim.
Establishing who is at fault in a rideshare accident is crucial. An attorney can investigate the accident, gather evidence, and work to prove liability.
The process of filing a claim can be daunting. An attorney will handle all aspects of the claim process, from paperwork to negotiating with insurance companies.
An attorney will assess all possible damages – medical expenses, lost wages, pain and suffering – to ensure you receive fair compensation. We can also negotiate aggressively on your behalf to secure a higher settlement.
If a fair settlement cannot be reached, an attorney can represent you in court, providing you with a strong legal advocate.
If you’ve been involved in a rideshare accident, either as a passenger, a rideshare driver, or another party, it’s important to take specific steps to ensure your safety and protect your legal rights:
Check yourself and others for injuries. Move to a safe location if you’re in danger or blocking traffic, but stay at the accident scene.
Report the accident to the police, especially if there are injuries or significant property damage. A police report can be crucial for insurance and legal purposes.
Even if you don’t think you’re injured, it’s wise to get a medical evaluation. Some injuries may not be immediately apparent.
Take photos of the vehicles, accident scene, and any injuries. Note the time, location, and any relevant road or weather conditions.
Get contact and insurance information from all parties involved, including the rideshare driver and any other drivers.
Use the app to report the accident. Companies like Uber and Lyft have specific protocols for accidents.
If there are any witnesses, get their contact information. They may provide valuable statements later.
Be cautious with your words. Even saying “I’m sorry” can be misconstrued as an admission of guilt.
Especially if there are injuries or significant damages, it’s important to consult with a NYC personal injury lawyer experienced in rideshare accidents.
If you’re injured, follow your doctor’s treatment plan and keep records of all medical visits, treatments, and expenses.
Save all receipts, medical bills, and other documentation related to the accident. This includes any correspondence with insurance companies or the rideshare service.
Taking these steps can be crucial in protecting your health and legal rights following a rideshare accident.
Choosing Roth & Khalife, LLP for your legal needs, especially in personal injury cases, offers several distinct advantages:
Our team comprises seasoned lawyers with experience in personal injury law. This experience ensures that your case is handled with the highest level of professional knowledge.
We prioritize the needs and well-being of our clients. Every case is treated with individual attention, ensuring personalized legal strategies tailored to your unique situation.
Roth & Khalife, LLP has a proven history of securing favorable outcomes for our clients, including substantial settlements and verdicts.
We provide a full spectrum of legal services, from initial consultation and case evaluation to negotiation, settlement, and trial representation if necessary.
Our firm is committed to ensuring that our clients receive the justice and compensation they deserve. We tirelessly advocate for your rights and interests.
We possess robust negotiation skills, crucial for dealing with insurance companies and opposing counsel, to ensure the best possible outcome for our clients.
Our team maintains open lines of communication, keeping you informed throughout the process and being readily available to answer any questions or concerns.
We operate on a contingency fee basis, meaning you don’t pay legal fees unless we successfully recover compensation on your behalf.
As a firm based in NYC, we have extensive knowledge of local laws and regulations, which is vital for effectively navigating the complexities of New York’s legal system.
Understanding the emotional and physical toll of personal injuries, we handle every case with empathy and compassion, aiming to make the legal process as stress-free as possible.
Choosing Roth & Khalife, LLP means opting for a law firm that combines legal experience with a commitment to client care and successful outcomes.
If you or a loved one has been affected by a personal injury, don’t navigate this challenging journey alone. Our dedicated team at Roth & Khalife, LLP is here to provide you with legal guidance and support every step of the way. We’re committed to fighting for the compensation and justice you deserve. Contact us today for a free consultation and take the first step towards protecting your rights and securing your future.
Roth & Khalife, LLP – Where Your Fight Becomes Our Fight.
]]>A birth injury refers to harm or injury to a baby that occurs during the process of childbirth. These injuries can range from mild to severe and may be temporary or permanent. Some common types of birth injuries include:
Brachial plexus injuries are damage to the group of nerves that control the arms and hands, which can occur when there’s difficulty delivering the baby’s shoulder (Erb’s palsy or Klumpke’s palsy).
Bone fractures of the clavicle or collarbone is the most commonly fractured bone during birth, often due to a difficult delivery.
Cerebal palsy is a group of disorders affecting a child’s ability to move and maintain balance and posture, often caused by brain damage before, during, or shortly after birth.
Perinatal asphyxia occurs when the baby doesn’t receive enough oxygen before, during, or just after birth, potentially leading to neurological and other organ damage.
Intercranial hemorrhage is bleeding inside the skull or brain, which can happen as a result of birth trauma.
Caput Succedaneum is swelling of the soft tissues of the baby’s scalp, often developing as the baby travels through the birth canal.
Cephalohematoma is an area of bleeding underneath one of the cranial bones, which may appear several hours after birth as a raised lump on the baby’s head.
Facial paralysis can occur when there is pressure on the baby’s face during delivery, potentially damaging the facial nerves.
It’s important to differentiate between birth injuries and birth defects. Birth defects are generally related to genetic issues or harmful exposures during pregnancy and are not caused by the birthing process itself. Birth injuries, on the other hand, are often associated with complications during labor and delivery.
A birth injury lawsuit is a legal action taken by the parents or guardians of a child who has suffered harm or injury during the birth process due to medical negligence or malpractice. The purpose of this lawsuit is to seek compensation for the damages and suffering caused by the injury. Key aspects of a birth injury lawsuit include:
This type of lawsuit typically falls under the category of medical malpractice. It is filed against healthcare providers such as doctors, nurses, or hospitals, alleging that their negligent actions or inactions directly caused harm to the newborn.
To succeed in a birth injury lawsuit, the plaintiff must prove that the healthcare provider failed to provide the standard of care that a reasonably competent provider would have offered in a similar situation, and this failure resulted in the child’s injury.
Compensation in a birth injury lawsuit can cover a range of damages, including:
There is a time limit within which a birth injury lawsuit must be filed, known as the statute of limitations. New York is generally 2.5 years.
Birth injury lawsuits are often complex, involving intricate medical details and expert testimonies to establish the standard of care and how it was breached.
Many of these cases are settled out of court, but some may go to trial if a satisfactory settlement cannot be reached.
A birth injury lawsuit aims to provide financial relief for the affected family and to address the additional care and support needs of the injured child. It also serves to hold healthcare providers accountable and to prevent similar incidents in the future.
If you or your child has suffered a birth injury, it’s important to take certain steps to ensure proper care and to protect your legal rights. Here’s what you should do:
Ensure that both you and your child receive appropriate medical care for any injuries. Follow up with specialists as recommended.
Keep detailed records of all medical appointments, diagnoses, treatments, and any other related expenses. Take notes on your child’s symptoms and any developmental delays or challenges they face.
Consider getting a second opinion from another medical professional to fully understand the extent of the injury and the required care.
Secure copies of all medical records related to the pregnancy, delivery, and any postnatal care. Save any correspondence with healthcare providers.
Research and educate yourself about the specific birth injury, its long-term implications, and potential treatments.
Contact an experienced birth injury lawyer who has experience with birth injury cases. They can provide guidance on your legal options and the process of seeking compensation.
Evaluate the long-term care needs for your child, which may include therapy, special education, or medical equipment.
Be cautious about signing any documents from insurance companies or healthcare providers without consulting your lawyer.
Consider joining support groups for families affected by birth injuries. These groups can provide emotional support and practical advice.
Begin planning for any financial implications, including potential medical expenses and care costs.
Keep a file with all the documents, notes, and records related to the case for easy reference.
Acknowledge and address the emotional impact on your family. Seek counseling if needed to cope with the stress and emotional strain.
Remember, each birth injury case is unique, and the steps you need to take might vary based on your specific situation. Consulting with professionals, both medical and legal, is crucial in navigating this challenging time effectively.
Choosing Roth & Khalife, LLP for your legal needs in a personal injury case, including birth injuries, offers several key advantages:
We prioritize the needs and well-being of our clients, ensuring each case receives the personalized attention and care it deserves.
Our medical malpractice attorneys bring a wealth of knowledge and experience in personal injury law, ensuring skilled handling of your case.
We provide a full range of legal services, from initial consultation to litigation, ensuring every aspect of your case is meticulously managed.
Our legal team is dedicated to advocating for your rights and interests, striving to secure the compensation and justice you deserve.
We maintain open and clear communication with our clients, keeping you informed throughout the legal process and readily available to address any questions or concerns.
We operate on a contingency fee basis, which means you don’t pay legal fees unless we successfully recover compensation for you.
With a deep understanding of New York’s legal landscape, we are well-equipped to navigate the complexities of the state’s legal system effectively.
Recognizing the emotional and physical challenges of personal injuries, we handle every case with empathy and compassion, making the legal process as stress-free as possible for our clients. Choosing Roth & Khalife, LLP means opting for a law firm that combines legal acumen with a commitment to client care and successful outcomes.
If you or your loved one has faced a birth injury, the path ahead can be challenging. At Roth & Khalife, LLP, we’re here to guide you through this difficult journey with legal support and compassionate care. Reach out to us for a free consultation, and let’s discuss how we can help you seek the justice and compensation you deserve. Remember, you’re not alone in this fight.
Contact Roth & Khalife, LLP – Your Advocates for Justice and Healing.
]]>Yet, it is also important to choose the right lawyer.
Here are a few ways to do that.
You’ve only got one chance to receive fair compensation for your injury. Don’t just go with the lawyer who calls you back the fastest or the lawyer with the smallest contingency fees. Take the time to choose a lawyer thoughtfully. While it is possible to change your lawyer mid-case, it makes your case harder and introduces unnecessary delays.
Want to evaluate the experienced attorneys at our law firm? Schedule your free consultation with us today! Bring your questions and find out if you feel good about working with us. We can’t wait to meet you!
See also:
The Importance of Documenting Your New York Personal Injury Claim
Steps to Take After a Personal Injury Accident in New York
]]>
In fact, sometimes the first response people have in response to hearing about a slip-and-fall case is, “I trip all the time; what’s the big deal?”
Thus, taking the right steps to maximize your compensation will be absolutely paramount.
After a slip and fall case, you may be entitled to:
Much of this settlement is math. Your economic damages, that is, bills and lost wages, are a fixed number that’s linked back to the bill. Your non-economic damages, or your pain and suffering, multiplies that number. You also lose a percentage of the award based on the percentage of fault you are thought to bear for the accident.
The pain and suffering multiplier ranges from 1 to 5, and there’s no fixed chart for which injuries correspond to which number. Ultimately this will often boil down to your attorney’s negotiation skills, but there are ways you can bolster your attorney’s efforts. The number will then be applied to the economic damages. So if you have $100,000 in economic damages and a multiplier of 2, then you’ll have non-economic damages in the amount of $200,000 for a total of $300,000.
If you are thought to bear some percentage of fault, you’ll lose money in accordance with that percentage. In the example above, if you are thought to be 10% at fault, then you’ll lose $30,000 from that settlement, for a total of $270,000.
In most settlements, your attorney’s negotiation skills can also account for that contributory negligence number being set higher or lower.
You can take the following steps to maximize your settlement.
Move quickly. The longer you wait, the weaker your case becomes. Evidence disappears, witnesses forget and move away, and the clock starts running down on the statute of limitations.
Have you been injured in a slip-and-fall accident? Contact our team to schedule a free consultation with one of our experienced attorneys!
See also:
Proving Liability in Slip and Fall Cases: The Importance of Evidence
]]>