*Personal Injury Legal Information Guide* Leitner Varughese Warywoda
PERSONAL INJURY LEGAL REFERENCE GUIDE
LEGAL INFORMATION GUIDE INSIDE:
☑ IMMEDIATE STEPS AFTER A CAR ACCIDENT
☑ WHAT TO DO IF YOUR LOVED ONE IS
INJURED IN A NURSING HOME
☑ WHAT INJURED WORKERS NEED TO KNOW
OFFICES IN LONG ISLAND
AND NEW YORK CITY
CALL US FOR A FREE CONSULTATION:
LI: 425 Broadhollow Road, Suite 417, Melville, NY 11747
NYC: 14 Penn Plaza, Suite 1718, New York, NY 10122
(631) 240-4390 (LI) | (212) 671-1110 (NYC)
AREAS OF LAW
☑ NURSING HOME NEGLIGENCE & ABUSE
☑ MEDICAL MALPRACTICE
☑ MOTOR VEHICLE ACCIDENTS
☑ CONSTRUCTION ACCIDENTS
☑ TRIP/SLIP AND FALL
WHAT INJURED WORKERS NEED TO KNOW
WHAT ARE MY OPTIONS IF I AM INJURED AT WORK?
The general rule is that on-the-job injuries are covered by Workers’ Compensation. However, there are exceptions such as if you suffered a “grave” injury (certain serious injuries), if a defective product caused the injury, or if an employer does not carry workers’ compensation insurance.
Additionaly, in many circumstances, a third party may be liable and you may have the right to bring a separate lawsuit. The rights surrounding injuries and actions that employees can take after an accident are complicated, and you should contact an attorney immediately to discuss your options.
CAN I SUE FOR ADDITIONAL COMPENSATION FOR PAIN AND SUFFERING AND LOST INCOME?
Workers whose injuries were caused by a third party may be able to seek additional
compensation by filing a personal injury lawsuit. A third-party may be a general contractor, a
subcontractor, a manufacturer whose equipment failed, or a driver who rear-ends you while you are on the road for your job.
WHO PAYS MY MEDICAL BILLS AND LOST WAGES?
Medical bills and Lost Wages can be collected through workers’ compensation or a lawsuit, depending on the circumstances.
CAN I SUE IF I WAS INJURED ON A CONSTRUCTION OR JOB SITE?
Construction workers have a right to a workplace that is free from accident hazards. When
negligence by an individual or a company contributes to a serious injury on a job site, the worker may be able to sue the negligent party to recover lost wages, medical expenses, and other damages. Employers and construction site owners must provide a safe work environment in accordance with state and federal safety laws, including OSHA regulations and Labor Law Sections 200, 240, and 241. Building and site owners and contractors may be liable for your injuries.
WHAT TO DO IF YOUR LOVED ONE IS INJURED IN A NURSING HOME
Anger, depression, guilt—these are just a few of the emotions you may be feeling after finding out that a loved one has been abused or neglected in a nursing home. Your top priority upon discovering the abuse is to get your family member to safety, and receive a prompt medical assessment if warranted.
The next steps are to report the abuse, contact an attorney, and compile evidence:
1. GET YOUR LOVED ONE TO SAFETY
Your loved one’s health and safety should be your primary focus. Depending on the nature of the incident, it may be necessary to remove your loved one from the facility, and obtain an official diagnosis for any injuries suffered as a result of the mistreatment.
2. REPORT THE INCIDENT TO THE NEW YORK STATE DEPARTMENT OF HEALTH
You can report the abuse or neglect online using the Nursing Home Complaint Form, or you can call the Nursing Home Complaint hotline at 1-888-201-4563.
3. CONTACT AN ATTORNEY
Call an attorney within 48 hours of discovering the abuse, so that your lawyer is able to conduct an investigation before critical evidence may be altered or destroyed. Your attorney can handle all of the logistics of compiling evidence and protecting your legal rights.
4. COMPILE EVIDENCE
Take pictures of any visible injuries your family member has sustained, including bed sores, bruises, and other signs of serious injury.
5. BE PROACTIVE TO PROTECT YOUR CLAIM
Direct any phone calls to your lawyer, do not discuss your case online, and ensure your loved one takes his or her healthcare seriously.
IMMEDIATE STEPS AFTER A CAR ACCIDENT
The minutes following a car accident can be the most stressful you will encounter. During these confusing moments, it is easy to forget the basic steps we should take to protect our rights. In the event you are involved in a car accident in New York, here is what you need to do:
☑ CALL 911. Report the crash to the police and get medical assistance for yourself and others.
☑ EXCHANGE CONTACT INFORMATION.
Be sure to get the other driver’s license and plate numbers, as well as the name of their auto insurance company and policy number.
☑ IDENTIFY WITNESSES. Obtain the names, addresses, and phone numbers of all witnesses to the crash.
☑ OBTAIN A COPY OF THE POLICE
REPORT. Be sure to ask the police officers that arrive on the scene how to obtain a copy of the police report.
☑ TAKE PHOTOGRAPHS. Does your cell phone have a camera on it? If so, use it. Take pictures of the damage to all cars involved in the accident.
☑ DO NOT PROVIDE ANY STATEMENTS.
Although you need to notify your own insurance company about the accident, do not provide a written or recorded statement about the incident to any insurance company representative until you have spoken with your attorney.
☑ IMMEDIATELY WRITE DOWN HOW
THE ACCIDENT HAPPENED.
It is easy to forget small details during this hectic time. The more details you can provide your attorney, the better potential you will have for a monetary recovery.
TOP-RATED NEW YORK
ABOUT LEITNER VARUGHESE WARYWODA
Leitner Varughese Warywoda is a cutting-edge trial law firm handling high-profile, complex lawsuits involving serious injuries and wrongful death. The Firm’s Partners have recovered over $200 million on behalf of clients that were injured as a result of car and truck accidents, nursing home neglect and abuse, medical malpractice, construction/work accidents, and slip/trip and falls. The attorneys have received top trial lawyer recognition including:
•New York Metro Super Lawyers
•Top Attorneys, The New York Times
•Top 100 Civil Plaintiff Trial Lawyer, NTL
•Premier 100 Trial Attorney, NAJ
•Best Attorneys of America
•Top 10 Attorney Award for State of New York
•Top 100 Settlements in New York
•Top 100 Personal Injury Attorneys, AAA
•Premier Lawyers of America