New York Wrongful Death Attorney

Seeking Justice For New York City & All Of New York

Losing a loved one unexpectedly is an excruciating experience. When someone is wrongfully taken from us due to another person's negligence or unlawful actions, it leaves surviving family members struggling with overwhelming emotional and financial burdens. At Davidoff Law, our mission is to support you in overcoming these challenges.

We understand that no amount of compensation can ever truly replace your loved one. However, pursuing a wrongful death lawsuit against the responsible party can offer a sense of justice and provide much-needed financial relief during this trying period. Please read on to gain insight into the process of filing a wrongful death lawsuit in New York, or feel free to contact our compassionate NYC wrongful death attorneys for a complimentary consultation at our New York office.

Reach out to us at (888) 211-1116 or (718) 268-8800 or fill out our online contact form today to arrange a no-cost, no-obligation consultation. Se habla español.

What Constitutes A “Wrongful Death” In New York City?

In New York City, as in the rest of New York State, a “wrongful death” is a legal term that refers to a death resulting from negligence, misconduct, or wrongful actions of another party. Specifically, it means that someone's death could have been avoided or prevented if not for the actions or negligence of another individual or entity. 

Some common circumstances that may constitute a wrongful death in New York City may include:

- Negligent Accidents: Accidents caused by the negligence of another person or entity, such as car accidents, slip and fall incidents, or construction accidents, can lead to wrongful deaths if the negligence directly results in a fatality.

- Medical Malpractice: When a healthcare professional's negligent actions or medical errors lead to a patient's death, it may be considered a wrongful death. This could include misdiagnosis, surgical errors, medication errors, or inadequate medical care.

- Product Liability: If a defective product causes someone's death, such as a faulty car part or a dangerous consumer product, the manufacturer or distributor may be held liable for wrongful death.

- Intentional Harm: In cases where someone intentionally causes harm that leads to another person's death, such as assault or homicide, it can result in a wrongful death claim in addition to criminal charges.

- Criminal Acts: When a criminal act leads to someone's death, the responsible party may be held liable for wrongful death in civil court, even if they are also facing criminal charges.

- Workplace Accidents: Fatal workplace accidents caused by unsafe conditions, employer negligence, or lack of proper safety measures can be considered wrongful deaths. These cases may involve workers' compensation claims as well as wrongful death claims.

- Nursing Home Neglect or Abuse: If a nursing home resident dies due to neglect, abuse, or inadequate care, it can be classified as a wrongful death. Loved ones may pursue legal action against the nursing home or its staff.

How To Prove Wrongful Death In NY

Proving a wrongful death case in New York can be a complex and challenging process. To succeed in a wrongful death claim, you typically need to establish certain key elements and provide evidence to support your case.

  1. Establish Duty of Care: You must demonstrate that the defendant owed a duty of care to the deceased. This means showing that the defendant had a legal obligation to act reasonably and responsibly to prevent harm to others, including the deceased.
  2. Breach of Duty: You need to establish that the defendant breached their duty of care by acting negligently, recklessly, or wrongfully. This could involve proving that the defendant's actions or omissions directly led to the death of your loved one.
  3. Causation: You must establish a direct link between the defendant's breach of duty and the death of the individual. This means showing that, had it not been for the defendant's actions or negligence, the death would not have occurred.
  4. Damages: You need to demonstrate the damages or losses suffered by the surviving family members as a result of the wrongful death. This can include economic damages such as medical expenses, funeral costs, lost financial support, and non-economic damages like pain and suffering, loss of companionship, and emotional distress.

Who Can Initiate A Wrongful Death Lawsuit In NYC?

New York State has specific criteria for determining who is eligible to file a wrongful death lawsuit. The claim must be initiated by the personal representative of the deceased's estate, acting on behalf of particular surviving family members.

These eligible family members encompass:

  • The decedent's spouse
  • The decedent's child/children
  • The decedent's parent(s)
  • Any dependent, beneficiary, or heir of the decedent

While these family members can recover damages, they are not allowed to bring the claim themselves. Only the personal representative of the estate can commence the claim. In situations where no personal representative was designated in the decedent's estate plan (e.g., in the absence of a will), the court will appoint one.

What Types Of Damages Can Surviving Family Members Seek?

In a wrongful death claim, surviving loved ones seek compensation for the hardships they've endured due to the loss of the deceased.

In New York, eligible family members can pursue compensation for the following:

  • Medical expenses incurred for the deceased's final treatment
  • Funeral expenses
  • Lost wages, income, and benefits
  • The value of family services and support provided by the deceased
  • The value of parental care lost (for surviving children)
  • Loss of expected inheritance
  • Pain and suffering experienced by the deceased before their passing

Unfortunately, New York law does not permit surviving family members and loved ones to seek compensation for their own mental and emotional distress following their loved one's death.

NYC Wrongful Death Statute Of Limitations

In New York, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the individual's death. This means that you have a two-year window from the date of the death to initiate legal action against the responsible party or parties.

In cases where the cause of death is not immediately apparent, the statute of limitations may begin to run from the date when the cause of death could reasonably have been discovered. This rule is typically applied in situations involving medical malpractice where the exact cause of death may not be known immediately.

Providing Compassionate, Proven Legal Representation

At Davidoff Law, we extend our deepest sympathies for the loss you have endured. Our NYC wrongful death attorneys are here to navigate you through the legal process and strive to secure the maximum compensation you and your family rightfully deserve. We are more than willing to address any questions you may have. We operate on a contingency fee basis, which means you won't owe us anything unless and until we obtain a settlement or verdict on your behalf.

To discuss your case with our wrongful death lawyers in NYC, reach out to us online or by phone at (888) 211-1116 or (718) 268-8800.

New York Truck Accident Lawyer

Standing Up To Nationwide Trucking Companies

There is rarely such a thing as a “minor” truck accident. The sheer size and weight of an average commercial truck are dramatically larger than an average passenger vehicle. Even in a low-speed collision, this huge difference creates an imbalance of force, and the smaller vehicle will be devastated.

If you were hit by a truck but now an insurance company is not taking your claim seriously, then it is time to get Davidoff Law in New York on your side. Our law firm has the experience and insight required to challenge nationwide trucking companies and the major insurance companies that usually protect them from liability. While you take care of yourself, we can take care of every aspect of your case.

We can help by:

  • Investigating the circumstances of your truck accident.
  • Finding and using important evidence of liability.
  • Calculating your damages.
  • Filing a claim and answering replies.
  • Negotiating for a settlement.
  • Litigating in court on your behalf.
Request a free consultation by dialing (888) 211-1116 now.

How Truck Accidents Happen

Behind every truck accident is some form of negligence or recklessness. It is a question of what type of negligence and who conducted it, though. With us leading the way during your case, you can be confident that we will figure out just what happened, who did it, and how it could have been avoided with more care.

Four common causes of truck accidents include:

  • Exhaustion: Truck drivers can be scheduled for 14 hours in a single shift, with only 3 of those hours taken as a break. As a result of these egregiously long shifts, many truck drivers work while completely exhausted, which naturally increases the risk of a truck accident.
  • Impairment: To combat exhaustion, some truck drivers will use stimulant medications to keep themselves awake. This plan is not safe or effective, though. Stimulants cause unsafe side effects like the inability to concentrate. Also, once a stimulant wears off, the exhaustion that it delayed will come back even worse than before.
  • Speeding: Most truck drivers are not paid by the hour. Instead, they are paid by the mile driven or route completed. To try to finish a route faster and avoid exhaustion, some truck drivers break posted speed limits, putting themselves and other motorists in danger.
  • Unsafe cargo: Poorly loaded cargo can be the direct cause of a truck accident. For example, if a trailer is overloaded and top-heavy, then it can cause the truck to tip over during sharp turns or amid strong gusts of winds.

Catastrophic Injuries Caused By Truck Accidents

As mentioned, the average truck accident has the potential to cause life-changing injuries in an instant. We focus our practice on cases brought by catastrophically injured clients, as well as the family members of people who passed away in a crash. If the stakes are high, then trust in our firm to handle things.

Examples of catastrophic injuries caused by truck accidents include:

  • Traumatic brain injury (TBI): A head or brain injury will often cause permanent disabilities and complications, like memory issues, speech impediments, etc. Special treatments and care might be necessary for years.
  • Spinal cord injury: A violent truck accident can cause the victim to suffer a back injury, which might be as severe as damage to the spinal cord. Spinal cord injuries can cause immediate and permanent paralysis.
  • Amputation: Severe damage to a limb can result in an amputation, medical or otherwise. Prosthetics can help regain some dexterity or mobility, but the patient’s life will never be quite the same again.
  • Multiple broken bones: When a bone is broken, it needs to be set correctly and given time to heal. If a bone fracture does not heal properly, then it could cause lifelong complications and be considered a “catastrophic” injury.
  • Permanent disfigurements: Scarring and disfigurements in visible places like the face or neck can be considered life-changing. The victim might become self-conscious of their appearance and experience a lessened enjoyment of life as a result.

Send Your Case With Confidence – Call Now

Protecting your future wellbeing and finances is the top priority when you bring your case to our New York truck accident attorneys. Your case could be in for a tough fight if the insurance company does not want to admit that the truck driver did anything wrong, which is the norm. Prepare for the worst by putting Davidoff Law in charge, and you will feel the stress of the situation disappear right away.

Call (888) 211-1116 to learn more about starting and filing a truck accident claim.

Truck Accident FAQ

Can multiple parties be liable for a truck accident?

Yes, it is not uncommon for there to be multiple defendants in a truck accident claim. You might be able to file against insurance policies held by the truck driver and the trucking company that employed them, for example.

Rear-end collisions are among the most common types of truck accidents. Such a crash can happen if a truck driver is speeding, falls asleep at the wheel, or experiences a brake failure due to a part defect.

When a tractor-trailer buckles at the trailer hinge and folds during a crash, it is called a jackknife accident because the truck looks like a folding knife at the end. Jackknife accidents are extremely dangerous because the trailer swings into adjacent lanes, potentially striking many vehicles at once.

No, hiring a truck accident lawyer is not expensive when you choose our law firm. We offer contingency fee agreements that do not require you to pay any attorney fees unless we end the case in your favor, such as through a positive settlement or award.

New York Pedestrian Accident Lawyer

New York City Pedestrian Accident Claims

The “City That Never Sleeps” is notorious for busy street traffic, subways, bike lanes, and crowded sidewalks. From residents and commuters to tourists, people are constantly moving about the boroughs as pedestrians. Walking is excellent exercise, good for the body and mind, but NYC, has risks, with pedestrian accidents occurring every day, many of which lead to serious, catastrophic, or fatal injuries. As reported by NYC DOT 43% of the pedestrians who lose their lives in an accident in Manhattan are not residents of the city. If you or your loved one was injured, or worse, you need an experienced New York City pedestrian accident attorney on your side.

Common Causes Of Pedestrian Accidents

There are all kinds of dangers a person can encounter when walking in NYC. A person texting and driving, a commercial truck’s failure to yield, and countless other negligent acts can be the reason a loved one does not make it home. Common causes of pedestrian accidents in the city are:

  • Speeding: Most New Yorkers are unaware that the speed limit in the city is 30 mph, and drive at whatever speed the traffic will allow.
  • Distracted driving: Texting, adjusting the GPS, eating, talking, or other distractions are common reasons a driver hits a pedestrian.
  • Drunk driving: When a person gets behind the wheel while under the influence they make very poor decisions, lack awareness, and are the cause of many serious or fatal pedestrian accidents.
  • Low visibility: Some NYC crosswalks are very difficult for drivers to see, with the glare at sunrise or sunset affecting the ability to see a pedestrian.
  • Aggressive driving: New York drivers are in a hurry, and may drive aggressively, colliding with an innocent pedestrian.

Who Is At Fault?

When a driver hits a pedestrian, they may jump out of a vehicle, placing blame on the stricken pedestrian. It is critical that you do not ever accept fault or apologize when a driver has hit you while walking in New York City. You should seek medical attention immediately then seek help from a New York City personal injury attorney who has the skills to file a claim to pursue compensation for all damages. New York is a no-fault insurance state, and it would be in your best interest to work with an attorney to guide you through the legalese and negotiate with insurance adjusters on your behalf.

What Is My Case Worth?

While each and every case is unique with varying factors, there are standard issues that are considered when it comes to evaluating the damages in a pedestrian accident claim:

  1. The severity of injuries both physical and mental, and the extent of medical treatment that is necessary, whether short term or ongoing.
  2. The defendant’s insurance coverage and the policy limits that can be accessed to compensate you for your injuries.
  3. The strength of your case and the legal acumen of the attorney representing you. The more evidence collected that supports your claim, and the skills of your attorney, will play a significant role in the value of a settlement or jury award.

An attorney who makes promises is being reckless with an already vulnerable victim. You need an attorney who is honest, empathetic, and dedicated to fighting for justice and the maximum compensation possible, and who will be honest with you about the value of your case.

Call Davidoff Law

If you or your loved one were hurt in a pedestrian accident in New York City, reach out to Davidoff Law immediately. When we take on a case, we are by your side throughout every step of the legal process. We have recovered millions in damages for our clients, and we are relentless in the pursuit of justice for the people we serve. Many personal injury cases settle outside of court, but if it is in our clients’ best interest, we are prepared to file a lawsuit and take the case to a jury to decide.

We offer a free case consultation in pedestrian accident cases. Reach out to us at (888) 211-1116.

New York Motorcycle Accident Lawyer

Do I Need A New York Personal Injury Attorney?

Your entire life can be altered in seconds when hit while riding a motorcycle. Even relatively minor impacts can be a disaster, causing serious physical damage. Without the airbags of a passenger vehicle to protect your body, it comes in direct contact with other vehicles, the roadway, or stationary items such as walls, curbs, lights, or other items, and the force of the collision can be catastrophic.

The worst of the injuries sustained include traumatic brain injuries, loss of a limb, spinal cord injuries, internal bleeding, or severe physical damage leading to death. If you or your loved one have been in an accident while operating a motorcycle, you need to call an experienced New York City motorcycle accident attorney. The sooner you do, the better your chances of recovering full and fair compensation. At Davidoff Law, when we take on a motorcycle accident case, we take the actions necessary to investigate the accident, obtain and preserve all relevant evidence, and file a claim or lawsuit to pursue justice and full compensation.

Liability

Motorcycle accidents can happen anywhere, but in New York City, they are often the result of negligent driving behavior by others sharing the congested streets and thoroughfares. The law allows for a motorcyclist to collect damages from a driver who’s negligent driving conduct resulted in a motorcycle accident. It also allows for a claim to be filed against a city agency if a poorly maintained roadway with massive potholes, lack of signage, or faulty lights have led to the collision. Government entities, such as the Metropolitan Transit Authority, may be liable. The at-fault parties can and should be held accountable. A capable and successful New York City personal injury attorney could evaluate your case and identify every possible liable party to help pursue the compensation you deserve.

Damages

In some accident cases, more than one person or agency may be held liable. When filing a claim, your attorney must take the steps to build a case against each and negotiate the terms of a settlement, including insurance companies. The damages sought by your attorney must cover the cost of the losses associated with the accident. Called compensatory damages, the money awarded to the injured falls under two categories. The first is economic damages, which include:

  • Ambulatory care
  • All medical bills
  • Hospitalizations
  • Lost wages or earning ability
  • Medications and medical equipment
  • Property damage
  • Rehabilitation
  • Therapies
  • Surgeries

Non-economic damages are more difficult to value, but they are commonly referred to as “pain and suffering.” These damages include:

  • Emotional distress
  • Disfigurement
  • The challenges of living with chronic pain
  • Loss of enjoyment of life
  • Loss of consortium (affection and sexual relations)

Some victims of motorcycle accidents need only short-term treatment and others end up requiring a lifetime of care. The costs of treatment and lost wages create a terrible situation. The trickle-down effect of depression and anxiety can further burden the injured person, who may feel trapped with nowhere to turn. It is crucial that you get help from a very proficient attorney to help you pursue a claim to recover the damages that inevitably come after a motorcycle wreck.

Who To Call?

The attorneys at Davidoff Law have the expertise, and decades of experience caring for our clients’ needs. We will go to bat for you after you have been in an accident, whether its negotiations or mediation, we have your back. We will guide you through the legal process of pursuing a personal injury claim with compassion and a steady hand. We will take your case to a jury for resolution if necessary. Don’t let a motorcycle accident claim destroy your future. Davidoff Law could help you achieve relief, justice, and the financial support you need on the road to recovery.

Call today to set up a consultation at (888) 211-1116.

New York Construction Accident Lawyer

Injured At Work? Trust Our Law Firm

Davidoff Law in New York proudly offers legal counsel to injured construction workers throughout the state and New York City. We can give you the experience and insight required to stand up to insurance companies and employers who are not on your side after a construction accident. Getting the compensation that you need to recover will be a challenge, but we are here to make it far less stressful.

Trust your New York construction accident case to us. Call (888) 211-1116 now.

Severe Construction Site Accidents

All jobsites have potential risks that could hurt an employee if safety is not the top priority. Construction sites, however, are inherently riskier than most. Working in the construction industry means working around heavy equipment, active machinery, caustic substances, electrical sources, heights, and so on. In one moment of oversight or carelessness, a bad accident can occur that leaves a worker severely injured.

Some of the worst construction site accidents include:

  • Falls from heights: Workers who have to work on scaffolding or higher levels of a jobsite could be at risk of a dangerous fall, especially if harnesses are not required or used.
  • Struck by objects: Just as falls from heights are extremely dangerous on construction sites, so are falling objects. Hardhats can help prevent head injuries caused by falling objects, but they can only do so much.
  • Caught-in/between incidents: Working around moving machinery can be a hazard, even when the utmost precautions are taken. Many construction accidents involve crush, amputation, and laceration injuries caused by being caught between or inside two moving pieces of equipment.
  • Electrical exposures: Only certified electricians should be allowed to work on the electrical systems of a construction project. Failing to uphold this requirement can put workers at a high risk of a dangerous electrical shock exposure.
  • Fires and explosions: Unsafe working conditions on a construction site can expose workers to open flames and explosions, resulting in permanent burn injuries and scars.
  • Toxic exposures: Certain substances used in construction are toxic and cause illnesses and diseases like cancer due to repeated worker exposure. For example, asbestos insulation used in commercial construction has been directly linked to mesothelioma.

Can You Get Workers’ Comp & Sue?

Under workers’ compensation rules, you cannot file for workers’ comp from an employer if you also file a personal injury claim against it. If you were hurt while working on a construction site, then we will have to see what approach will most likely achieve the most compensation. Does it make more sense to file an injury claim, or should workers’ comp be prioritized?

Furthermore, are you even eligible for workers’ compensation through your employment? Many construction workers are not because they are hired as independent contractors. If you do not have workers’ comp and need to file a construction injury claim, then we can help you build your case and use evidence to prove that your negligence did not cause your injury.

Preventing Future Construction Accidents

It is important to realize that your construction accident lawsuit might not be just about you and your recovery, even though we prioritize your best interests from start to finish. Suing a negligent employer could be what improves jobsite safety and prevent similar accidents from happening later. Your case might help your coworkers and others in New York’s construction industry, so it is definitely worth exploring your options.

We Can Help Pursue Justified Compensation

Our New York construction accident attorneys are ready to help you explore your legal options. We are willing to fight for your rights and recovery, even if that means going head-to-head with a major insurance company. Put our strengths to good work for you by contacting us today.

Construction Accident FAQ

What is the OSHA Fatal Four?

The Occupational Safety and Health Administration (OHSA) reports that there are four accident types that cause more construction accident deaths than any others: falls, electrocutions, struck-by incidents, and caught-in/between accidents. If you lost a loved one to a Fatal Four accident, then we can help you file a workers’ compensation death claim or a wrongful death claim.

When we are working on a construction accident claim, we can look for unique forms of evidence to enhance your argument. One such reliable source could be your employer’s accident record. If the company has a history of similar accidents, then it could show that you were put in an unsafe work environment that caused or significantly contributed to your injury.

If a third party caused your construction accident, then you might have to file a claim against that party to seek compensation. For example, if a third-party company was delivering materials to a construction site when you were hit by their truck, then you might be able to hold them liable.

New York Bus Accident Lawyer

Injured In A Bus Accident In New York City?

Queens, New York, is a bustling borough known for its vibrant culture, diverse communities, and thriving transportation network. While the city's buses are essential for daily commuting, they can also pose significant risks when accidents occur. Many are bus transportation to move around the city, whether a city bus, tourist bus, private bus, or other type of bus. The more buses traveling on the busy streets of New York, the more accidents are likely to happen.

Whether you have been hurt as a passenger on a bus in transit, or a bus collided with you as a pedestriancyclistvehicle driver, or motorcyclist, an adept New York bus accident attorney can help you pursue justice and compensation for all damages. At Davidoff Law, we understand the challenges you may face after a bus accident, and we are here to provide expert legal counsel and support.

Contact our team today for a free consultation by filling out an online form or calling us at (888) 211-1116.

Causes Of NYC Bus Accidents

Driver Negligence: Bus accidents in Queens often result from driver negligence. Bus drivers are responsible for safely operating their vehicles, adhering to traffic laws, and ensuring the safety of passengers and pedestrians. Negligent actions such as speeding, distracted driving (e.g., texting or talking on the phone), running red lights, or failing to yield the right of way can lead to devastating accidents.

Poor Maintenance: Maintenance issues with buses can also lead to accidents. Buses are subjected to extensive wear and tear due to constant use, and if they are not adequately maintained, mechanical failures can occur. Brake failures, tire blowouts, and steering problems are just a few examples of maintenance-related issues that can result in accidents.

Adverse Weather Conditions: Queens experiences a wide range of weather conditions throughout the year, from heavy snowfall in the winter to rainy days in the spring and summer. Adverse weather can significantly impact road conditions and driver visibility, making accidents more likely. Bus operators must adjust their driving behaviors and take precautions during inclement weather to reduce the risk of accidents.

Inadequate Training: Insufficient training of bus drivers can contribute to accidents. Drivers should be well-versed in safety protocols, emergency procedures, and defensive driving techniques. Inadequate training may result in drivers making poor decisions when faced with unexpected situations on the road.

Bus Company Negligence: Bus companies have a duty to ensure the safety of their passengers. If they fail to properly maintain their vehicles, provide adequate training to drivers, or enforce safety protocols, they may be held liable for accidents that occur as a result of their negligence.

Common Injuries Associated With Bus Accidents

Bus accidents can result in a wide range of injuries, some of which may have long-lasting consequences. Common injuries associated with bus accidents include:

Preserving Important Evidence Following Your Bus Accident

After a bus accident in Queens, it is crucial to preserve important evidence that can be instrumental in establishing liability and securing compensation.

Key steps to follow for preserving evidence include:

1. Seek Medical Attention

Your health should be your top priority. Seek medical attention immediately, even if your injuries seem minor. Medical records will serve as crucial evidence of your injuries and treatment.

2. Document the Scene

If you are physically able, document the accident scene by taking photographs or videos. Capture images of vehicle damage, road conditions, traffic signals, and any relevant signage.

3. Collect Witness Information

Speak to any witnesses present at the scene and obtain their contact information. Witnesses can provide valuable statements that corroborate your version of events.

4. Obtain a Police Report

Contact the local authorities to report the accident. A police report will document the details of the accident, including the names of the parties involved, witness statements, and any citations issued.

5. Preserve Physical Evidence

Preserve any physical evidence related to the accident, such as damaged personal belongings, clothing, or vehicle parts. This evidence can help establish the severity of the impact.

6. Gather Medical Records

Keep records of all medical evaluations, treatments, and prescriptions. These documents will demonstrate the extent of your injuries and the medical expenses you have incurred.

Who Is Liable For A NYC Bus Accident?

Determining liability in a bus accident case can be complex, as multiple parties may be involved. Depending on the circumstances, potential liable parties may include:

Bus Driver

Bus drivers are held to the same standards and laws that all other drivers must abide by. Drivers are required to use designated stops to pick up and drop off their passengers. If they stop at an unsafe or unmarked area to let people off the bus, they can be held liable when someone is injured. If the bus driver's negligence or reckless actions caused the accident, they may be held personally liable. This could involve distracted driving, speeding, drunk driving, or other negligent behaviors.

Bus Company

The bus company that employs the driver may also be held responsible if they failed to properly maintain the vehicle, provide adequate training, or enforce safety protocols. If the bus is under the authority of the MTA or any other agency, they may be found to have allowed inexperienced drivers to operate the vehicle without proper training. These entities are also responsible for ensuring a bus is well-maintained. If a company fails to maintain the vehicle, such as brakes or tires, and they fail, causing a collision, the entity may be held liable for the injuries sustained in an accident.

Other Drivers

In some cases, other drivers on the road may share liability for the accident if they contributed to the collision through their own negligent actions.

Vehicle Manufacturers

Manufacturers of the parts used or replaced on buses could be liable, if the bus had been equipped with defective components that failed, making it impossible for the driver to control it.

Government Entities

If road conditions or traffic signals were a contributing factor in the accident, a government entity responsible for road maintenance and traffic control may bear liability.

There are many moving pieces when it comes to who is liable for a bus accident in NYC. It could be one of these examples, or all could share a percentage of liability. Determining liability often requires a thorough investigation, including collecting evidence, interviewing witnesses, and consulting with accident reconstruction experts.

Legal representation is crucial to navigate the complexities of bus accident cases and hold the responsible parties accountable. It is best to call on a NYC bus accident attorney who has experience, both in negotiating the terms of a settlement, or filing a lawsuit if a fair settlement offer does not arrive in a timely manner.

Determining Compensation In A NYC Bus Accident Case

If you have been injured in a bus accident in Queens, you may be entitled to compensation for various damages. Compensation can cover:

- Medical Expenses: You can seek compensation for all medical expenses related to your injuries, including hospital bills, surgery costs, medication, and rehabilitation.

- Lost Wages: If your injuries prevent you from working, you may be eligible to receive compensation for lost income, including future earning capacity if your injuries are long-term or permanent.

- Pain and Suffering: Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, may also be included in your compensation.

- Property Damage: If your personal property was damaged in the accident, such as your vehicle or personal belongings, you can seek reimbursement for repair or replacement costs.

Wrongful Death DamagesIn cases where a bus accident results in a fatality, surviving family members may pursue a wrongful death claim to seek compensation for funeral expenses, loss of financial support, and the emotional toll of losing a loved one.

How Long Do I Have To File A Bus Accident Claim In NYC?

In New York, the statute of limitations to file a personal injury claim is three years. A statute of limitations is the timeframe in which you have to file a lawsuit. If your suit names a government agency you have significantly less time to file, only 90 days. That is why it is imperative that you connect with a New York City bus accident attorney with a breadth of experience resolving bus accident claims as soon as possible after the incident. There are requirements and specific details which must be documented and submitted, and a lawyer who has experience will ensure that the claim is filed correctly, and within the time restrictions under New York state law.

Davidoff Law Has Your Back.

If you have been injured in a bus accident in the city, you should contact Davidoff Law right away. There may be multiple investigations into the accident, as buses carry many passengers, many of whom may have been injured and are seeking compensation. The NYC bus accident attorneys at Davidoff Law understand the law, the process, and how to negotiate a fair settlement, and could work diligently to pursue the compensation you deserve. Let us put our knowledge and expertise to work for you. We can start with a simple consultation to help us better understand your experience and allow us to evaluate your case.

Call our bus accident lawyers in NYC at (888) 211-1116 today for a free consultation.

New York City Personal Injury Lawyer

Proudly Protecting The Rights Of New Yorkers

After being in an accident that was not your fault, you will be confronted with a variety of issues, questions, and concerns. You might know that you are owed compensation from the party that hurt you, but you might not know how to begin the legal process to demand it. Do not spend another day guessing what you should be doing or not taking any action at all. Come to Davidoff Law in New York City instead.

When you work with our New York City personal injury attorneys, you will feel much of the stress of the situation come off your shoulders. We can manage all facets of your case from start to finish, so you do not need to worry about a thing. All you have to do is bring your case to our desks before focusing on your rest and comfortable recovery, just like you deserve.

Find out how we can help with your injury claim. Dial (888) 211-1116 now.

Different Personal Injury Cases We Accept

Davidoff Law has an eclectic team of New York City personal injury lawyers. We have taken the time to become highly familiar with all sorts of different personal injury case types, especially those that occur the most frequently. As a potential client, you do not have to worry about whether or not we have the know-how needed to work on your case. Thanks to our backgrounds and collective legal knowledge, you can trust that we will be able to handle anything that comes your way. Even if a major insurance company represents the opposing party, we will be ready to protect your best interests to the end.

Many of our clients come to our firm for help with these case types and more:

  • Car accidentsAuto accidents are one of the most common causes of preventable injuries in New York, including here in New York City. If you were hit by a distracted, drunk, or reckless driver on the streets of NYC, let our law firm know right away. We can help you explore your legal options, such as using personal injury protection (PIP) insurance provided by your auto insurance company.
  • Truck accidentsCommercial truck accidents are usually devastating because the truck is so much larger and heavier than the other involved vehicle. We can help manage your claim and pursue the most compensation, which could be significant if your injuries are catastrophic or permanent.
  • Motorcycle accidentsWere you riding your motorcycle when a motorist ran into you or chased you off the road? You deserve compensation to get you back on your feet without draining your bank account. Allow us to manage your claim, so you can take care of yourself and your health without getting bogged down in legal procedures.
  • Slip and fall accidentsA slip and fall accident might not seem like a big deal at first, but such accidents are actually extremely dangerous, especially to elders and people with preexisting injuries. We can research your slip and fall accident to see who is liable for it. Oftentimes, the owner of the property on which the accident occurred is liable. For example, we can file against a retail store, commercial property manager, or even your neighbor.
  • Catastrophic injuriesLife-changing injuries will call for a life-changing amount of compensation but securing that amount will not be easy. Insurance companies do not like to pay large amounts to claimants. If you were catastrophically injured – such as a brain injury, spinal cord injury, amputation, etc. – then you should prepare for a tough fight against an opposition that does not want your case to succeed by any means.
  • Wrongful death claimsAfter losing a loved one in an accident, you might feel paralyzed with grief. It is important that you take the time to grieve and heal. You also need to consider starting a wrongful death claim if you want justice and fair compensation. We can take care of your wrongful death claim, so you do not feel even more overwhelmed.

COMPENSATION YOU ARE OWED

You deserve justice and a sense of closure after being in a bad accident that left you or a loved one seriously injured. You also deserve fair compensation to help you get back on your feet and avoid a financial downfall directly caused by the aftermath of your injury. Indeed, the objective of a personal injury case is to make sure that you get financially compensated first and foremost. The other benefits of a successful claim usually come naturally after the compensation is secured.

When our New York City personal injury attorneys are on the job, you can depend on us to fully calculate the damages that you should be provided by the liable party or defendant. If the extent of your damages and losses are too much for a single insurance policy held by the defendant, then we can look into filing against more than one policy, which is made easier thanks to our extensive practice experience. We are known by clients and other law firms alike as a legal team that does not slow down until every last penny owed is secured, either through a settlement or a court award.

FOUR PRIMARY DAMAGES YOU CAN SEEK IN AN INJURY CLAIM INCLUDE:

  • Medical bills: Oftentimes, in a personal injury claim, the most significant economic damage owed to the claimant relates to their medical costs. Everything from emergency medical attention and hospitalization to specialized surgeries and prescription medications should be paid for by the liable party and their insurance, not the claimant. Importantly, your future medical costs should be covered, not just those that you have already incurred.
  • Lost wages: Did you lose weeks or months of work because your injuries kept you from clocking in? In your personal injury claim, we can pursue damages related to the wages that you never earned. Even if you received partial wages through disability benefits, you can seek whatever has not been provided. We can also sue for the future income you cannot earn due to a lasting disability that has changed the trajectory of your career.
  • Permanent disabilities: The majority of injury cases we handle deal with clients with permanent or life-changing injuries. If you suffered a severe injury that caused a permanent disability, then you can seek additional damages related to the hardships and costs caused specifically by that disability. For example, if you need to install a motorized lift along your home’s staircase, then the liable party should pay for it.
  • Pain and suffering: The physical pain, mental anguish, and emotional suffering you have endured due to your injuries can be translated into a financial award in a personal injury claim in New York. When such abstract concepts are turned into a monetary recovery, it is called non-economic damage. It is not unusual for non-economic damages to exceed the total of economic damages in a serious injury claim.

Ways Our Attorneys Can Help You

Davidoff Law is known by our clients not just strong legal allies but also as genuine moral supporters and friends. During the difficult days that follow an accident, there will be so much on your plate. It would be our honor to help relieve your burden by taking care of every step that needs to happen for your claim to advance. We do mean every step, too. If you want, you can leave your entire claim up to our team from start to finish.

To name a few of the ways that we can help build your case:

  • Investigation: Every strong personal injury claim begins with an equally strong investigation into the circumstances of the accident and its outcome. With decades of collective legal experience, we know how to investigate even the most intricate cases.
  • Evidence analysis: Once evidence is found through our investigation, we next need to find the best way to use it. Carefully analyzing the available evidence will allow us to poise it correctly in your case to do the most damage to the opposition’s arguments. It might be possible to convince the opposition to settle early if they know that our evidence will be too much to overcome.
  • Third-party assistance: Another great way that we can bolster your claim’s validity is to turn to a third-party expert for assistance. For example, we can work with medical experts who can testify to the severity of your injuries and how they will impact you for the rest of your life, even in minor ways.
  • Filing a claim: Upon completing the first stages of your claim, it is time for our team to file it on your behalf. We can identify the correct defendants and relevant insurance policies and file your case at the correct court. All the while, you can continue to focus on your health and rest.
  • Negotiating a settlement: As mentioned, if your claim is well-organized and backed by a professional team of attorneys like ours, then the liable party and their insurer might realize early that they will lose if it goes to court. In such a situation, negotiating a settlement in a conference room might be possible. We will not make you sign any settlement offer that you do not believe is fair or enough. We are here to make sure you get the right amount.
  • Litigating in court: Sometimes, insurance companies do not want to admit that their policyholder did anything wrong – and they are willing to go to court for it. The good news for you is that we are willing to litigate as well if that is what must be done. A trial does not scare off our attorneys.
Want to know what your claim might be valued? Dial (888) 211-1116 today.

Contact Our Firm At Your Next Opportunity

Your future recovery after an accident is so important. Do not leave it up to chance by trying to take on your personal injury claim alone. You should also not gamble on a firm with minimal experience or that does not take your case seriously. Make sure you depend on people who genuinely care about you, like the New York City personal injury attorneys from the Law Firm of Davidoff & Associates. We are proud to call ourselves New Yorkers, and that means standing up for our neighbors and community members when they’re bullied by insurance companies. Let us fight for you!

Contact us online and ask for an initial consultation today.

New York Car Accident Lawyer

NEW YORK CAR ACCIDENT LAWYERS

Need Help Filing A Car Accident Claim?

Every injured driver deserves a chance to recover and get their finances under control after being in a crash. Auto insurance companies might argue otherwise, though. Do not be surprised if you get into a tough situation with an insurance company when you try to start or file a claim. It is not personal; it is just business to the insurer.

You can stand up for yourself and your right to compensation by teaming up with Davidoff Law. Our New York car accident attorneys can help you understand your options and find the best way to build your claim from the ground up. We want to make sure that you can secure every penny owed to you, so you can feel financially stable again.

Dial (718) 268-8800 to speak with our attorneys about your crash.

Protecting Our Clients In A Variety Of Cases

The top goal of our New York car accident attorneys is to make sure each and every client feels protected and confident when their case is in our hands. We can use our truly extensive collective legal experiences to make any case the best it can be. Thanks to our eclectic backgrounds and many years of practicing injury law, our team can work on virtually any type of car accident case, too.

Let us know if you need help with a case involving:

Steps To Take After A Crash

The actions that you take after getting into a car accident are important. In the first hour or so, you might be able to get the best evidence to build your claim later. On the other hand, you also run the risk of missing that evidence if you do not know what to do.

After being in a car accident, you should always:

Do not forget the final important step: talk to an attorney. You can dial (718) 268-8800 whenever you need a New York car accident lawyer.

Can You File A Car Accident Claim At All?

In New York, drivers are required to carry personal injury protection (PIP) insurance. This type of insurance allows you to file a first-party claim against your auto insurance provider if you get into a crash. Most PIP insurance policies will pay for medical costs, lost wages, and vehicle repairs, and some can also provide for pain and suffering. The complication that many drivers face is that PIP insurance must be used first, and not all injured drivers get a chance to then file a third-party claim against the other driver.

You are only allowed to file a car accident claim against another driver’s insurance if:

  • You are considered to be seriously injured in the crash.
  • Your damages are not fully covered by your PIP insurance.

Under Article 51 of New York State Insurance Law, a serious injury is defined as an injury that causes you to suffer “economic loss in excess of basic economic loss.” Typically, judges have held that experiencing more than $50,000 in medical costs and lost wages justified an injury to be categorized as “serious.” Additionally, an injury could be considered “serious” if it causes a permanent physical disability or forever impairs the victim’s ability to earn gainful income.

Starting A Claim Is Easy – Call (718) 268-8800

Figuring out how to approach your car accident claim does not need to be as complicated as it sounds. Let our New York car accident attorneys take your case for you. We can act on your behalf from start to finish.

Send us an email about your traffic collision today.

Car Accident FAQ

When should I report my car accident to my auto insurance provider?

You should report your car accident to your auto insurance provider as soon as you reasonably can. If you wait too long, then your insurance provider might deny your claim and say that it was fabricated. Note that notifying your insurance provider is not necessarily the same as filing a claim, so you should not feel rushed to take legal action.

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