There’s always a lot to do in the aftermath of a serious collision. Besides getting treatment for your injuries, you might also have to arrange alternative transportation, domestic help, and child care. If your injuries have left you sidelined from work, you may have to find a new way to pay your bills virtually overnight.
With so much on your plate, it’s easy for your personal injury claim to become an afterthought, but putting off your consultation with an attorney could prove to be a costly mistake. Read on to learn a few reasons why you should speak with a car accident lawyer as soon as possible:
1. Critical Evidence May Not Be Available Indefinitely
New York follows a no-fault system when it comes to car accident claims, but there are scenarios in which victims can pursue compensation from the parties who caused their injuries. For example, you can bypass the no-fault system if you sustained what the state considers to be a “serious injury.”
If you intend to file a claim against the at-fault driver’s insurance company, you’ll have to prove he or she was liable for the accident. And whether you file a first- or third-party claim, you’ll have to prove the types of damages you incurred and their value.
Some of the most important evidence to strengthen your claim may be time-sensitive. For example, if the wreck was captured on surveillance cameras, the owner of that footage might erase it shortly after the crash. Eyewitnesses might change their contact details, and vehicle damage may get repaired before it can be documented. It’s essential that your attorney is able to investigate your case while this evidence is still available and unaltered.
2. The Insurance Company’s First Offer May Be Unfair
Your lawyer will handle all correspondence with the opposing party from day one. Until you have representation, though, the insurance company will contact you directly, and they may offer an early settlement before you know the full extent of your injuries.
If you accept this offer but your medical bills and lost income turn out to be more costly than expected, you might have to cover the difference out of pocket. By hiring an attorney right away, you won’t be coerced into accepting a low payout.
3. There Are Countless Ways to Jeopardize Your Case Inadvertently
At the end of the day, it’s fairly easy to make a mistake early in the claims process that will hurt your chances of recovering a fair settlement. Your personal injury lawyer can help you avoid critical errors such as discussing your case on social media, providing a recorded statement, and failing to mitigate your damages.
Call 716-855-3761 for a Free Consultation with a New York Car Accident Attorney
If you were hurt in a motor-vehicle collision through no fault of your own, you may be entitled to compensation for the resulting damages. To determine if you have grounds for a claim, contact LoTempio P.C. Law Group.
Our attorneys have more than 200 years of combined experience. Call 716-855-3761 or use our Online Contact Form to set up a free case evaluation with a car accident lawyer in New York.
Every spinal cord injury is unique, but the American Spinal Injury Association (ASIA) has established just five categories to encompass them all. Each category corresponds to a different level of injury severity.
The five categories of SCI are:
1. ASIA A
Spinal cord injuries that fall into the A category are the most severe. Also known as “complete SCIs,” these injuries leave victims with no motor or sensory function below the level of injury.
2. ASIA B
The ASIA B category includes all sensory incomplete spinal cord injuries. People with these injuries have partial sensory function below the injury site and may be able to feel light touches or pin pricks; however, no motor function exists more than three levels below the neurological level of damage on either side of the body.
3. ASIA C
Also known as motor incomplete, ASIA C injuries are those in which partial motor function is preserved below the site of trauma. These SCIs are still fairly severe because more than half of the critical muscles below the level of injury are unable to move against gravity. That means people with ASIA C injuries are not paralyzed—their joints retain their full range of motion in the absence of gravity—but they have serious physical disabilities.
4. ASIA D
The ASIA D classification also encompasses SCIs that are motor incomplete; however, these injuries are less severe than ASIA C SCIs because at least half of the critical muscles below the level of injury are graded 3 or higher. On the muscle grade scale, a 3 means the joints retain their full range of motion, even in the presence of gravity.
5. ASIA E
The least severe spinal cord injuries are categorized as ASIA E. These injuries do not cause any permanent damage to motor or sensory function below the site of trauma.
Can I File a Personal Injury Claim If I Sustained a Spinal Cord Injury?
The answer to this question depends on the specific cause of your injury. If you were hurt due to another person’s negligence or intentional wrongdoing, you may have grounds for a personal injury claim. The at-fault party may be liable for your medical bills (past and future), lost income, loss of earning capacity, pain and suffering, loss of enjoyment in life, and any other reasonable and necessary expenses related to your SCI.
Discuss Your Case with a New York Spinal Cord Injury Attorney
If you or a member of your family sustained a spinal cord injury through the fault of another person, you may be entitled to compensation for the resulting damages. To find out if you have grounds for a claim, contact LoTempio P.C. Law Group.
Our attorneys have more than 200 years of combined experience practicing law. We have helped thousands of clients in personal injury and wrongful death cases. Call 716-855-3761 or use our Online Contact Form to set up a free consultation with a spinal cord injury lawyer in New York.
Spinal cord injuries are almost always devastating not only for the victim but also for his or her family. One of the most tragic aspects of suffering an SCI is that it takes only a moment to happen, but the effects can last a lifetime.
SCIs are caused by a blow to the back that dislocates, crushes, fractures, or compresses at least one vertebra. They can also result from a deep puncture wound or trauma to spinal disks or ligaments.
Although there are countless ways to damage the spinal cord, some scenarios are far more likely to occur than others. The most common causes of SCIs in the United States are:
1. Motor-Vehicle Collisions
Since 2010, motor-vehicle collisions have been the leading cause of SCIs around the country. This includes car, truck, and motorcycle accidents.
Falls are the second leading cause of SCIs among all age groups and the leading cause among people over the age of 65. Unfortunately, even a seemingly minor slip and fall can result in lasting damage, especially for vulnerable individuals who already have limited mobility.
3. Violent Altercations
Violent altercations are responsible for approximately 13 percent of all new SCI cases. Both gunshot wounds and knife wounds can damage the spinal cord, causing permanent paralysis.
4. Sports Accidents
Sports accidents cause roughly 1 out of 10 spinal cord injuries annually. The most dangerous activities include contact sports like football and hockey and extreme sports like waterskiing, cliff jumping, snowboarding, and hang gliding. Diving is also inherently dangerous and contributes to a significant number of SCIs every year.
Are Some People More Likely to Sustain a Spinal Cord Injury Than Others?
Although virtually anyone can end up in one of the scenarios mentioned above, there are certain risk factors that make some people more likely to sustain an SCI than others. Such risk factors include:
- Being male;
- Being between 16 and 30 years old or at least 65 years old;
- Suffering from a joint or bone disorder like arthritis or osteoporosis; and
- Participating in risky activities like diving into shallow bodies of water or failing to wear proper safety gear when playing sports.
What Should I Do After Sustaining a Spinal Cord Injury?
If you sustained an SCI, your health should be your priority. Once your condition stabilizes, though, it is wise to seek legal counsel.
The costs associated with treating a spinal cord injury—and then living with the repercussions—can add up fast. Although the party who caused your injury may be liable for your medical bills and other damages, you will need strong evidence to prove your claim. Much of this evidence may be time sensitive, and there are strict deadlines for filing personal injury lawsuits. For these and other reasons, it is important to consult an attorney at the earliest possible point in time.
Call 716-855-3761 to Speak with a New York Spinal Cord Injury Attorney
If you or someone you love sustained a spinal cord injury in a preventable accident, your family may be entitled to compensation for medical bills, lost income, and other damages. To determine if you have grounds for a claim, turn to LoTempio P.C. Law Group.
Our strategic spinal cord injury lawyers are here to help people put their lives back together. Call 716-855-3761 or fill out our Contact Form to set up a free case review with a personal injury attorney in New York.
Even a minor injury to the spine can have devastating consequences. Coping with impaired mobility can make every day feel like a struggle. In severe cases, a spinal cord injury (SCI) can affect the victim’s ability to earn an income and live independently.
Beyond the physical and psychological impacts of an SCI, the cost of healthcare can be exorbitant. In addition to surgeries and physical therapy, patients may need modifications to their homes and vehicles as well as mental health counseling. If you or someone you love suffered a spinal cord injury due to the negligence of another person, you may be entitled to compensation for these and other costs.
To determine if you have grounds for a claim, contact LoTempio P.C. Law Group. Our attorneys have an extensive background in catastrophic injury cases. We can assess your situation for free and help you make informed decisions. Call 716-855-3761 to schedule a consultation with a spinal cord injury lawyer in New York.
Read on to learn about the lifetime cost of living with an SCI:
Estimated Annual Expenses & Lifetime Costs
The Christopher & Dana Reeve Foundation reports that the direct cost of living with a spinal cord injury can range from approximately $42,000 to $184,000 annually. These figures include living expenses and the cost of medical care.
Naturally, treating more severe SCIs will cost more per year than treating mild to moderate spinal cord injuries. But in nearly all cases, the first year of treatment is the most expensive.
The figures mentioned above only apply after the patient’s condition has stabilized. In the 12 months immediately following the accident, the direct cost can range from $347,000 to $1 million or more.
The total lifetime cost of living with an SCI depends on the age of the victim when the injury occurred. If someone sustains a spinal injury at 25 years old, he or she can expect to spend anywhere from $1.5 million to almost $5 million on living expenses and medical care over the course of his or her lifetime. If someone sustains a spinal cord injury at 50 years old, on the other hand, he or she might spend between $1 million and $3 million on living expenses and medical care.
These figures do not account for indirect costs associated with sustaining a spinal cord injury, such as lost wages and benefits, lost productivity, and loss of earning capacity. On average, these amount to about $70,000 per year.
Discuss Your Case with a Spinal Cord Injury Attorney in New York
If your family is struggling financially in the wake of an accident that left you or a loved one paralyzed, turn to LoTempio P.C. Law Group. Our highly experienced attorneys are well-versed in the statutes, case law, and procedures pertaining to catastrophic injury claims. Call 716-855-3761 or use our Online Contact Form to set up a free consultation with a personal injury lawyer in New York.
Whenever you see a healthcare provider, whether it’s your primary care physician, dentist, or chiropractor, you’re putting a considerable amount of trust in another person. In return, you expect quality and attentive care.
At the end of the day, though, medical professionals make mistakes just like everyone else. Unfortunately, errors in a clinical setting often have catastrophic consequences for the affected patients.
Medical malpractice occurs far more often than you might realize. In this blog, we’ll discuss a few alarming statistics about medical negligence in the United States.
If you have suffered an injury or illness because a doctor, nurse, pharmacist, or other provider was negligent, you may have grounds for a medical malpractice claim. At LoTempio P.C. Law Group, we can evaluate your case in a free consultation and help you make informed decisions.
We have recovered several multimillion-dollar settlements and verdicts on behalf of our clients. Call 716-855-3761 to schedule a free case evaluation with a medical malpractice attorney in New York.
Read on to learn four statistics about medical malpractice:
1. More Medical Malpractice Claims Are Filed in New York Than in Most Other States
Between 2006 and 2016, only three states—California, Florida, and Texas—saw more medical malpractice claims than New York, according to Hofstra University.
2. Medical Mistakes Are a Leading Cause of Death
Medical errors take more than 250,000 lives annually, making malpractice a leading cause of death in this country. According to CNBC, one report estimates that medical mistakes may be responsible for as many as 440,000 deaths annually.
3. More Than Half of All Medical Doctors Have Faced a Malpractice Suit
According to Medscape, more than 50 percent of all physicians have been named in a lawsuit. Specialists are more likely to be sued for medical malpractice. Providers who face the most claims include surgeons, obstetricians, urologists, and radiologists.
4. Medication Errors Are Common
According to U.S. News & World Report, about 1.5 million people are affected by prescription mistakes every year, making them one of the most common types of medical negligence. Medication errors take many forms. The doctor might prescribe the wrong drug, the pharmacist might fill the prescription incorrectly, or the nurse might administer the wrong dose. In any one of these scenarios, the patient’s actual condition can worsen as it goes untreated, and serious complications can arise due to drug side effects and adverse interactions.
Call 716-855-3761 to Speak with a Medical Malpractice Lawyer in New York
If you received substandard medical care, you may be entitled to compensation. Turn to LoTempio P.C. Law Group to discuss your case with a personal injury attorney.
Our skilled lawyers and outstanding support staff have represented thousands of clients in personal injury and wrongful death cases. Call 716-855-3761 or use our Online Contact Form to set up a free consultation with a personal injury attorney in New York.
Every time you visit a healthcare provider, you’re essentially putting your life in someone else’s hands. Even if the visit is a general wellness exam, you’re trusting the physician to identify any minor concerns so you can address them before they turn into major problems.
At the end of the day, though, doctors are human just like the rest of us. Regardless of how high the stakes might be for their patients, they can—and do—make mistakes.
Medicine is far from an exact science, so just because a treatment was unsuccessful doesn’t necessarily mean medical malpractice occurred. But if a healthcare provider’s negligence leads to an injury, illness, or worsening of the patient’s condition, the victim may have grounds for a malpractice claim.
If you or someone in your family underwent a procedure that did not go as planned, contact LoTempio P.C. Law Group to discuss your options. Our personal injury attorneys have helped thousands of clients recover the compensation they needed to pay for healthcare costs, lost income, and other damages. Call 716-855-3761 to schedule a free case evaluation with a medical malpractice lawyer in New York.
Let’s explore a few essential components of a successful medical negligence claim:
1. A Breach of Duty
Doctors, nurses, pharmacists, and other providers must deliver care that is consistent with the most reasonable and widely accepted standards for the given circumstances. A breach of this duty may be considered negligent.
In order to build a winning medical malpractice claim, you must be able to prove how the provider’s negligence was directly responsible for the complications you or your loved one experienced. For example, let’s assume a man fell on an icy sidewalk and hurt his ankle. His doctor diagnoses a sprain, so he continues walking on the injured limb. Two weeks later, his symptoms have not improved, so he seeks a second opinion. The new physician correctly diagnoses the injury as a fracture and administers the appropriate treatment, but since his ankle never heals fully, he is left with limited mobility.
In such a scenario, the man might have grounds for a claim against the initial provider; however, if evidence shows that his injury would have been just as severe had he received immediate treatment, his case would most likely be unsuccessful.
Patients who receive substandard care must be able to demonstrate that they incurred damages as a result. In the state of New York, recoverable damages might include:
- Past and future medical expenses;
- Lost wages and benefits;
- Loss of earning capacity;
- Home care;
- Alternative transportation;
- Vehicle and home modifications;
- Domestic help and/or childcare;
- Pain and suffering;
- Mental anguish;
- Loss of enjoyment of life;
- Scarring and disfigurement; and
- Loss of consortium.
Speak with a Medical Malpractice Lawyer in New York
If you want to sue a negligent healthcare provider or facility, turn to LoTempio P.C. Law Group. Our legal team is proud to help people get their lives back after a serious injury or wrongful death in the family. Call 716-855-3761 or fill out our Contact Form to schedule a free consultation with a personal injury lawyer in New York.
Medical errors kill more people than diabetes, respiratory disease, and pneumonia combined. In fact, according to a study from Johns Hopkins University, medical mistakes are responsible for more than 250,000 deaths annually, making them the third-leading cause of death in the country.
If you were injured or lost a family member due to medical negligence, you may be entitled to compensation for all resulting damages. As we’ll discuss in this blog, though, you only have a limited amount of time in which to file your lawsuit, so it’s wise to call a personal injury lawyer as soon as possible.
When you’re ready to discuss your case, turn to LoTempio P.C. Law Group. We have helped thousands of clients fight for the compensation they needed to cover their healthcare costs, lost income, pain and suffering, and other damages. Call 716-855-3761 to schedule a free consultation with a medical malpractice attorney in New York.
Let’s explore the deadlines that apply to medical malpractice lawsuits:
Standard Statutes of Limitations
Typically, victims of medical malpractice have 30 months from the date of the incident—or the date on which they should have discovered the cause of action—to bring their case to court. Depending on the error in question, though, the deadline may be different.
For example, if a surgical team leaves a foreign object inside a patient, the victim has one year from the date of discovery or the date on which the object should have been discovered to file the lawsuit. And if someone dies as the result of a medical error, his or her family has two years to file suit. If the malpractice victim is a minor, the statute of limitations is three years after he or she turns 18, but the lawsuit cannot be filed more than 10 years after the incident occurred.
The Deadline Is Shorter for Claims Against Government Entities
There are several exceptions to the medical malpractice statutes of limitations in New York, so it’s wise to seek legal counsel to determine precisely how much time you have to bring your case to court. If, for example, you want to sue a government-run facility, you will have much less time to commence the proceedings. You must file a Notice of Claim within 90 days of the incident, and you must file the lawsuit within one year and 90 days of the date when the cause of action accrued.
Call 716-855-3761 for a Free Consultation with a New York Medical Malpractice Lawyer
If you want to sue a negligent healthcare provider or facility, turn to LoTempio P.C. Law Group. Our personal injury attorneys have more than 200 years of combined experience practicing law. Call 716-855-3761 or fill out our Contact Form to schedule a free case evaluation with a medical malpractice lawyer in New York.
If you have been injured because of someone else’s negligence or intentional wrongdoing, you may have grounds for a personal injury claim. Depending on the facts of your case, the defendant may be liable for any lost wages, healthcare expenses, pain and suffering, and other damages you have incurred as a result of the accident.
Unfortunately, the opposing party or insurance company will look for any possible reason to undervalue, dispute, or deny your claim. To win a fair settlement or verdict, you must be able to prove:
- The defendant’s misconduct was negligent or intentional, or your cause of action is covered by strict liability;
- You suffered an injury or loss; and
- The value of any damages you have incurred.
Insurance companies in New York employ a variety of tactics to reduce their liability. They might misrepresent statements you provide in a recorded phone call or argue that your own negligence contributed to your injury. The claims adjuster may even review your social media accounts for posts that can be used to dispute your claim.
At LoTempio P.C. Law Group, we can help you stay one step ahead of the insurance adjuster and fight for the compensation you deserve. Our legal team can evaluate your case for free, perform a thorough investigation, gather evidence, and handle settlement negotiations on your behalf. Call 716-855-3761 to schedule a consultation with a personal injury lawyer in New York.
Let’s take a closer look at three important elements to prove in a personal injury claim:
1. Negligence, Intentional Wrongdoing, or Strict Liability
Negligence is the basis of most successful personal injury claims. Negligence means the defendant failed to exercise a level of care that someone of ordinary prudence would have exercised given the circumstances.
For example, drivers are negligent when they speed, operate a vehicle while under the influence, or make illegal turns. Business owners may be considered negligent when they fail to remedy potential hazards within a reasonable amount of time and a customer suffers an injury as a result.
Some tort claims are governed by strict liability, which means the claimant does not have to prove negligence in order to hold the defendant liable for damages. In the state of New York, strict liability applies to some product liability and dog bite cases.
You may also have grounds for a personal injury claim if you were intentionally harmed by another individual—for example, if you were attacked in a parking lot.
Just because a person was negligent or a product was defective doesn’t mean you have grounds for a personal injury claim. You must tie the cause of action to your damages. The types of evidence your attorney may use to prove causation will depend on the facts of your case but might include the police report, witness testimony, surveillance footage, and dash cam recordings.
3. The Value of Your Damages
Proving damages is the third component of building a strong personal injury case. In the state of New York, personal injury claimants can pursue compensation for the following types of damages:
- Healthcare expenses;
- Lost wages and benefits;
- Loss of earning capacity;
- Property damage;
- Home care, rehabilitation, and other objectively verifiable losses;
- Pain and suffering;
- Scarring and disfigurement;
- Emotional distress;
- Mental anguish;
- Loss of enjoyment in life;
- Loss of consortium;
- Loss of opportunity; and
- If the defendant’s conduct was particularly egregious, punitive damages may be available.
Depending on the facts surrounding your case, your attorney may use the following types of evidence to prove the value of your damages:
- Medical records;
- Diagnostic images;
- Photographs of any visible wounds;
- Hospital bills;
- Statements from medical and financial experts;
- Invoices for home care or domestic help;
- Income tax returns and paystubs;
- Quotes for repairing any damaged property; and
- Daily journal entries detailing the recovery process.
Discuss Your Case with a New York Personal Injury Attorney
If you were injured through no fault of your own, turn to LoTempio P.C. Law Group to discuss your options for pursuing compensation. We have helped thousands of clients in personal injury and wrongful death cases. Call us today at 716-855-3761 or use our Online Contact Form to set up a free consultation with an accident lawyer in New York.
Social media has made it easier than ever to stay connected. Just look at your current newsfeed; before Facebook, Twitter, and Instagram, people actually had to attend their high school reunions to see how old friends were doing. Today, your high school acquaintances—and college friends, coworkers, and loved ones—are just a few clicks away.
We live in an age of unprecedented accessibility, and while it certainly has its advantages, there are some major drawbacks. For example, once you publish a photo or post a video online, there’s no way to control how it spreads. Regardless of your privacy settings, virtually anyone can access your online profiles with a few savvy workarounds. Even sites that implement the most advanced security measures are vulnerable to data breaches.
Although everyone should be mindful of their digital footprint because of threats like identify theft, personal injury claimants need to be especially careful about what they post online. Social media profiles have become primary sources of evidence for insurance adjusters who are tasked with finding reasons to dispute, undervalue, or deny your claim.
To prevent your online presence from hurting your case, you should consider disabling your social media accounts until your claim has been resolved. But if you insist on keeping your profiles active, the tips below can help safeguard your information:
1. Hold off on Accepting New Friend or Follower Requests
Unless you know exactly who’s requesting to be a friend or follower, be wary of accepting new requests while your claim is pending. If you don’t recognize the individual, it could be someone working for the opposing party.
2. Update Your Privacy Settings
Updating your privacy settings so only friends or followers can see your posts is not foolproof, but it will provide an added layer of protection. At the end of the day, it will be harder for the insurance adjuster to access your photos and posts if your profiles are private.
3. Avoid Posting About Your Injuries
You may want to keep friends and loved ones updated on your recovery, but posting about your injuries could prove detrimental to your case. Even if it seems like a particular post would only corroborate your claim, there’s no way to predict how it might be misrepresented and used against you.
Call 716-855-3761 for a Free Consultation with a New York Personal Injury Attorney
If you want to file a personal injury or wrongful death claim in New York, turn to LoTempio P.C. Law Group for representation. Our legal team has helped thousands of accident victims and their loved ones recover the compensation they needed to make their lives whole again.
We can help you avoid critical mistakes that would harm your case and make sure you are treated fairly by the insurance company. Call 716-855-3761 or fill out our Contact Form to schedule a free consultation with a personal injury lawyer in New York.
Driver errors play a role in nearly 90 percent of all large truck accidents in the United States. That means after most truck crashes, either the trucker or another motorist is to blame. But depending on the circumstances, there are several other parties who may be held liable for damages including:
- The motor carrier;
- The manufacturer of the truck or its parts;
- A maintenance contractor;
- The cargo loading company; or
- The local municipality.
If you or someone you love was injured in a truck wreck and you want to find out who might be liable for the resulting damages, contact LoTempio P.C. Law Group. Our New York truck accident lawyers are well-versed in the laws that govern these claims. We will perform a thorough investigation to identify all potentially liable parties, and we will help you fight for the full compensation you deserve. Call 716-855-3761 to schedule a free case review.
Let’s take a closer look at the parties who might be liable for damages after a commercial truck crash:
1. The Trucker or Motor Carrier
If the crash was caused by driver error, the trucker or motor carrier may be liable. The trucker will typically be liable if he or she was an independent contractor, but the motor carrier that employs the trucker may be responsible if the crash occurred while the trucker was performing work-related duties.
2. The Manufacturer of the Truck or Its Parts
When a truck accident is caused by a vehicle malfunction, any ensuing claims will likely name the vehicle or parts manufacturer. If the trucker or motor carrier knew the vehicle was not operationally safe, though, they may also be considered partially liable.
3. A Maintenance Contractor
Maintenance contractors can be held financially responsible for wrecks caused by vehicle malfunctions, as well. A thorough investigation should reveal whether a parts manufacturer or maintenance contractor is to blame following such an accident.
4. The Cargo Loading Company
When cargo is not secured properly, it can shift en route. This can affect the truck’s handling and even cause it to flip. When an accident is attributed to shifting cargo, the cargo loading company may be considered at fault.
5. The Local Municipality
Government agencies have a duty to maintain public roads, bridges, and signs. If poor road conditions or faulty traffic signals contributed to the crash, it may be possible to pursue damages from the local municipality. Since different statutes of limitations apply when suing a government agency—typically, claimants have just 90 days to file a Notice of Claim—it’s essential to seek legal counsel as soon as possible in such a scenario.
Call 716-855-3761 to Discuss Your Case with a New York Truck Accident Attorney
If you want to file a truck accident claim in New York, turn to LoTempio P.C. Law Group. Our legal team is available 24/7 to answer your call. Dial 716-855-3761 or fill out our Contact Form to schedule a free case evaluation with a personal injury lawyer in New York.