Personal Injury Cases
We have over 3 decades of experience in Personal Injury cases. Our New York City personal injury lawyers have handled hundreds of personal injury claims and obtained millions of dollars on behalf of personal injury victims and their families. The following are certain types of cases we have handled:Auto Accidents
New York City and Long Island are full of busy travelers. Unfortunately, the volume of cars and drivers on the road in such a concentrated area leads to hundreds of thousands of car accidents every year. It is no secret how many personal injury attorneys practice in this area in and around New York City and Long Island. What separates us from the pack is the aggressive way we push our cases to obtain a speedy and fair recovery. It does not help our clients or the Firm to delay or procrastinate in the litigation process. However, in New York City and Long Island, we are plagued with a back-logged Court system that can be complicated and time-consuming to navigate.
Under New York’s “no-fault” system, a driver who has been injured in an accident turns to his or her own insurance company for the payment of medical expenses, regardless of who was at fault for the accident. In order to step outside of the no-fault system and bring a lawsuit with the assistance of a personal injury attorney in New York City against another driver, an injured person you must qualify under the “serious injury” threshold of Insurance Law 5102, et al.
In New York, you can prove a “serious injury” if you have suffered any of the following:
- Significant disfigurement
- Loss of a fetus
- Permanent loss of use of a body organ, member, function or system
- Permanent consequential limitation of a body organ or member
- Significant limitation of use of a body function or system
- Medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.
If you have been in an accident in New York, your first step is to contact your own insurance company to begin receiving payment for your medical expenses.
If you or a loved one was injured in an auto accident, contact the New York City personal injury attorneys at Benjamin Hart, P.C. at (212) 835-1532.Construction Accidents
Construction work has always been a dangerous occupation due to the frequent presence of unsafe working conditions, practices and procedures. This can result from a fall from a height, defective or otherwise unsafe construction equipment and host of other dangerous conditions. Unfortunately, even when you work in a safe manner, others may not be, and construction accidents will occur.
In 1885, the Legislature of the State of New York first saw fit to enact legislation to protect construction workers from bodily harm and to eradicate dangerous conditions from the worksite. Through the efforts of organized labor, the first “construction site” laws were enacted in 1885 and have been continually amended and strengthened. These laws now require construction site owners and general contractors to provide all workers on a site with a safe place in which to work. A worker who is injured on a construction site may now institute a civil lawsuit against the site owner and general contractor and be entitled to recover full monetary damages from the site owner and general contractor in addition to the receipt of Workers’ Compensation coverage. These civil damages are not limited or restricted in amount (as are Workers’ Compensation benefits) and may include monetary awards for pain and suffering, permanent injury, full loss of earnings and fringe benefits and any resulting changes in lifestyle due to disability.
If you or a loved one was injured in a construction accident, contact the law firm of Benjamin Hart, P.C. at (212) 835-1532.Slip or Trip and Fall
In and around New York City, the risk of a fall down injury is a constant worry especially during the winter months. But the risk is part of life even in summer weather. In public and private buildings or in parking lots, numerous hazards stemming from negligent maintenance or control of walkway areas can lead to a fall-down injury. Either of these can be slipping hazards or tripping hazards.
A most common location for such injuries are stairways and other uneven surfaces. Factors such as inadequate lighting or failure to mark off an area under construction can also lead to injury.
A fall down, or a slip and fall accident, can happen due to any number of reasons. The following are a few common factors in a fall down accident:
- Property owner ignores safety codes
- Uneven walkway
- Torn carpeting, broken handrails, uneven flooring in a building
- Narrow stairway
- Poor lighting
If you or a loved one was injured in a fall-down accident, contact the law firm of Benjamin Hart, P.C. at (212) 835-1532.Nursing Home Abuse
Primarily, nursing home abuse involves a specific action or intentional inaction by a staff member that causes harm to one or more residents. It may take the form of psychological injury such as humiliation or isolation, rather than any physical harm.
The withholding of medicine is another non-physical form of abuse. Theft of prescription drugs by nursing home employees is often a motive behind this criminal act. Some of these cases of withholding medicine or food may result in the resident’s death.
Nursing home abuse does not have to be targeted at any one specific resident to qualify as abusive or injurious. The injuries may be the result of a consistent pattern of neglect, abusive behavior, or threats to the nursing home’s overall patient population.
If you or a loved one was injured as a result of nursing home abuse, contact the personal injury lawyers at the New York City firm of Benjamin Hart, P.C. at (212) 835-1532.Wrongful Death
The loss of a loved one is always difficult, but can especially be hard when the death is due to negligence. Severe personal injuries from events such as car accidents and workplace accidents unfortunately sometimes result in death. While no amount of money can bring back a loved one, you can take steps to make sure the negligent individual or entity is held accountable.
A wrongful death suit allows the family of the deceased to recover monetary losses associated with the death of their loved one, such as loss of income. Criminal charges may or may not be associated with the death. That does not necessarily affect the outcome of a wrongful death suit.
Professional negligence can frequently play a role in a wrongful death suit when the incident occurs at a workplace, such as a construction site. The type and extent of the damages that are awarded depend mainly on how responsibility is established. The deceased may be held partially responsible for his or her own death, depending on circumstances.
If you believe you have a case of wrongful death, contact the law firm of Benjamin Hart, P.C. at (212) 835-1532.