When Should I Call an Accident Lawyer?

So, you’d had some kind of an accident, and you’re wondering, “Should I call an accident lawyer?”  Was I badly hurt enough to make a case worthwhile?  Was this somebody else’s fault, or was it really mostly my own fault.  This article will guide you through when it might be a good idea to have a consultation with an accident attorney.  If you’re still not sure, why not just call – if you don’t have a solid case the lawyer will tell you.

Let’s start with traffic accidents, which are the most common.   Obviously, the accident must be somebody else’s fault.  If you were driving, this would usually mean that you were “hit in the rear,” somebody went through a stop sign, made a left turn in front of you or went through a light.  There are other types of accidents traffic accidents where it’s not as clear who caused the accident.  If you are not sure whose fault the accident was, it’s a good idea to call an accident lawyer who can help you with this analysis.  If you were a passenger or a pedestrian, the accident was probably not your fault, but if you’re not sure, you can ask an accident lawyer.  Accident attorneys take these cases on a contingency fee, which means that you don’t pay anything unless the case if successful, so the accident lawyer will tell you right away if they think the accident is your fault.

Under New York law, you cannot sue for minor injuries from a traffic accident, you must have a “serious injury.”  For minor injuries, you are entitled to many benefits, including medical payment, lost earnings and out-of-pocket expenses, regardless of fault.  If you were taken to the hospital from the scene of the accident and are still having some pain, it’s too early to know whether or not your injury is serious, so it would be a good idea to call an accident lawyer to discuss your case.  If you did not think you were injured right after the accident, but are seeking medical treatment now, you might still have a case if your injuries are serious.  For more information, see our articles on traffic accidents.

If you “slip and fall,” and it was caused by an unsafe condition that’s somebody’s else fault, you may have a case.  If you were shopping in a supermarket and there was water on the floor.  Snow and ice were not properly removed from a street or parking lot.  If an elevator or escalator malfunctions.  If a construction site was not well-enclosed.  If children were not properly supervised at daycare, school, during a sports activity or at a swimming pool.  There are many accidents that could have been avoided has the proper care been taken by those in charge.  If you or your child has been a victim of this type of accidents, and there is a suffering as a result, it’s a good idea to call an accident lawyer to find out what your rights are.

Medical mistakes are a type of accident.  When a doctor, nurse or hospital makes a mistake its called Medical Malpractice.  It can be a mistake such as failing to diagnose a condition, a mistake during surgery, misreading tests, a misdiagnosis or prescribing the wrong medication.  These mistakes can have very serious repercussions for your health, and if they do, you should not be shy about seeking a legal opinion about your rights.  When products malfunction, the company that made the product may be liable.  If you are hospitalized for food poisoning after eating at a restaurant or not cared for properly at a nursing facility, you have a right to sue for the harm that was done.

Not every accident fits neatly into the categories discussed above.  If you are not sure if you have an accident case, call Wittenstein & Wittenstein at 718-261-8114.  We will patiently discuss what happened to you, and offer our opinion about whether or not it would be worthwhile to make a claim.  For over 60 years, we’ve been taking cases that other accident lawyers turn away.  Why not call us first?

2018-09-24T11:54:29+00:00By |0 Comments

About the Author:

Senior Partner Ms. Wittenstein began working at the firm in 1985 as a managing paralegal, learning all the practices and procedures of the firm from Mr. Wittenstein and the staff. From 1995-1998, she attended CUNY Law School where she made a mark as a teaching assistant for Civil Rights leader Haywood Burns. She founded a Human Rights Delegation to Haiti and studied Constitutional Law with Supreme Court Justice Ruth Bader Ginsburg. Working at the Equal Opportunity Employment Commision (EEOC), she learned a great deal about Employment Discrimination matters. She brought her knowledge of the Personal Injury practice and her passion for Civil Rights to the firm when she was admitted to the Bar in 1999. In 2000, she became a partner and the firm name was changed to Wittenstein & Wittenstein, Esqs. PC.

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