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Personal Injury Case? Here’s What You’ll Have to Pay

Personal Injury Case? Here’s What You’ll Have to Pay

So, you think you can possibly file a personal injury complaint. However, you know that legal fees can be expensive and you don’t want to be taken for a ride. We’re here to tell you how your legal expenses can play out. Most personal injury lawyers charge a contingency fee A what? This means that you won’t have to pay your lawyer any fees unless he wins your case. If you win, your lawyer will get a percentage of the amount that you claimed in the case. If you lose the case your lawyer won’t charge you any fees. But that doesn’t mean that you walk away from the trial with all your dimes in your pocket. You still need to pay for the costs of the trial and case expenses. What’s the difference between costs and fees? Simply put, fees are what a lawyer charges for his time, while costs are for his out-of-pocket expenses. Charging a contingency fee means that your lawyer is willing to waive the fees for his time if he loses the case (which he hopefully won’t), but will hold you accountable for the costs that he had to incur to make the trail happen. Seems fair, right? Okay, what type of costs can you expect? Lawsuits are expensive and there are quite a few hidden costs involved that you will have to pay for. Here are some examples of things that can add to the costs of a legal battle. Expert witness fees and costs Postage. Filing fees. The cost to hire investigators. Obtaining and preparing medical records and police reports. Exhibits for trials Jury fees Mediator fees Phone charges Research service fees Copies Travel costs If you have been injured in an accident and have questions about costs and fees, call the experienced and friendly New York City Attorneys at Linden Law at 212-804-8440 for a free consultation!
June 18, 2017
Personal Injury Accident Abroad? Here’s What To Do

Personal Injury Accident Abroad? Here’s What To Do

The last thing that you want to worry about is getting into an accident while abroad. Although you are in vacation mode where everything feels like sunshine and cocktails, a host of bad things can still happen to you. Slips, falls, motor-vehicle accidents, ferry accidents – just about anything that can happen to you at home can also happen to you abroad. Check your travel insurance The first thing to do after getting medical help is to check whether your travel or car insurance will compensate you for your costs. Check that you have all the evidence Just as with any personal injury case, you need to have evidence if you want to file a case for compensation. Take pictures of the scene of the accident. Get a police report at the local authorities. Get the contact details of any witnesses as well as the information from the negligent party. You don’t want to get back home without any evidence of what happened during the accident abroad. Check the jurisdiction If you want to file a case against someone, you have to file it in a court which has jurisdiction over the subject matter and the individual that you’re suing. So, if you want to sue in New York, the person that you’re suing must have been in New York at some point e.g. or should have done business in New York or give consent to fall under New York jurisdiction. If the person responsible for your accident abroad has never set foot outside his home country, you’ll have to sue him in his own country. Check whether you have a contract If you have a contract with the person, tour operator, hotel etc. your contract will usually specify where and how you should file your complaint. Call a personal injury lawyer If you’re unsure about how to go about filing a personal injury claim over an accident that happened abroad, contact the experienced New York City Lawyers at Linden Rozenberg at 212-804-8440.
June 16, 2017
Running a red light: who’s at fault?

Running a red light: who’s at fault?

Last December, one of Uber’s self-driving cars was caught running a red light. The whole point of self-driving cars is to reduce human error and therefore the incidence of car crashes. Nearly 75% of car crashes in New York City are due to human error, so one could understand what Uber was thinking. However, this incident made us wonder: what would have happened if the self-driving car caused an accident due to running a red light? Who is at fault in an accident where a driver runs a red light? In many accidents, there is a percentage of blame on the part of both parties. In legal terms, this is called comparative negligence. If a driver ran a red light, he or she obviously disregarded the rules of the road. The attorney representing the opposite party could easily argue that driver who ran the red light should take 100% of the blame. However, it is possible that the other party may also have been at fault. The other driver might have taken off before the light changed to green in which case both parties effectively ran a red light. If the injured party was a pedestrian, the pedestrian might have crossed the road while it was clearly unsafe due to distraction. If were injured by a driver who ran a red light while you did abide by the traffic laws, the other driver would almost certainly take 100% of the blame for the accident. However, if you want to file a case against the driver and you are unsure of your rights, you can call Linden Rozenberg for a free consultation at 212-804-8440. Linden Rozenberg represented a client struck by a driver who ran a red light. The client sustained a shoulder injury which needed surgery. Linden Rozenberg won the client $160 000 in compensation for this accident.
June 16, 2017
School District sued 100K

School District sued 100K

School district sued for $100k after teen breaks ankle during school “drunk goggles” simulation What can go wrong in a health class, right? Ask Kylie Nielson from Kaysville, Utah who broke her ankle while wearing “drunk goggles” – a simulation aimed at teaching kids about the dangers of alcohol abuse. She broke her ankle in multiple places after getting her foot stuck under a desk during the simulation. Compensation for shattered hopes and dreams The student had to undergo two surgeries to fix her ankle, and her one leg is now shorter than the other. This is especially unfortunate as Kylie was a former track star and can now no longer participate in her sport. Kylie’s medical and legal expenses amounted to $39 000 and the school district sued had to fork out a further $39 000 for pain and suffering. The dangers of negligent choices Letting children run around a classroom playing tag wearing “drunk goggles” was an exciting but not very prudent way of teaching kids about the dangers of alcohol abuse. This was definitely a case of negligence on the part of the teacher as the court results showed. The role of personal injury cases While the “drunk goggles” is perhaps not the most common factor in personal injury cases, there are thousands of people who get into accidents that ruined their hopes and dreams as Kylie’s were. Filing a personal injury case to compensate for medical bills, lost wages and personal suffering can help, but one has to wonder whether monetary compensation really makes up for personal injury. Talk to a lawyer If you have suffered an injury due to the negligence of another party, contact a professional, expert personal injury lawyer for a consultation. At Linden Rozenberg, one of our experienced personal injury lawyers will review your case for free.
June 15, 2017
THREE THINGS THAT YOU NEED TO FILE A SLIP AND FALL CLAIM

THREE THINGS THAT YOU NEED TO FILE A SLIP AND FALL CLAIM

What you need to file a slip and fall claim The last thing that you would imagine happening to you is falling over a kitchen appliance lying on a sidewalk. Yet, that’s what happened to one of Linden Rozenberg’s clients. The accident resulted in a fractured wrist which required surgery and Linden Rozenberg won the client $200 000 in terms of compensation. While that sounds like quite a bizarre story, anyone can slip and fall on someone else’s property due to a number of reasons, including stray kitchen appliances. If this happens to you, you can decide to file a claim for compensation for your medical bills, any lost wages due to days off work and for any other damages and suffering caused by the accident, providing it was due to the property owner’s negligence. What do you need to file a slip and fall claim? There are three simple things that you need to do: File an accident report, Take pictures Preserve evidence. File an accident report If you slipped and fell in a store, you can do this by talking to the manager of the store. It’s important that your version of the accident is documented, including information of all your injuries and everything that took place at the time of your accident. Be sure to get a copy of the accident report. Take pictures Take pictures of the scene of the accident, the shoes and clothes you were wearing, and any physical injuries you sustained. Preserve evidence Start by getting the contact details of eyewitnesses so that your lawyer can contact them later for a statement, should the case go to court.  If possible, secure and preserve the item that caused your fall. Keep a record of all your medical bills as well as medical reports from your doctor regarding any injuries you sustained that needed treatment. If you ever slip and fall on someone else’s property due to their negligence, call Linden Rozenberg at 212-804-8440 for a free consultation.
June 14, 2017
Did Your Dog Bite Someone?

Did Your Dog Bite Someone?

Here’s how you may be held responsible in New York In 2012, it was estimated that New York City is the home to over 600,000 dogs. Their owners see them as 600,000 of the sweetest creatures while non-dog lovers see them as the 600,000 vicious sets of teeth just waiting to sink into your leg. Whichever side of the fence you’re standing on, the fact is that it is still possible that your sweet pooch may one day lose its cool and bite someone. Did your dog bite someone? Let’s look at the legal implications. Can they sue you? According to New York laws, you get the first bite for free. Seems fair. If your dog has bitten someone before, you will have to pay for any medical or veterinary costs. If the victim wants to claim any other damages, he or she would have to prove that the dog had dangerous tendencies and that you were aware of it. They can’t expect you to reimburse them just based on negligence. What is proof that a dog has dangerous tendencies? Well, previous behavior is a lot to go on, but even the kindest dogs are still dogs and do strictly speaking have dangerous tendencies. In a word, it’s difficult to prove. There are  few things that they might look out for if they’re looking to sue you for personal injury over a dog bite: Size and type of breed Watchdog or Lapdog? Aggressive behavior like biting or snapping Previous complaints about the dog’s behavior that were brought to your attention Fighting with other animals Using  muzzles and chains to confine the dog at times may show that you know the dog is dangerous Written or verbal warnings about the animal Any statement by you about the animal’s character. Did your dog bite someone? Have you or someone you love been the victim of a dog bite? Call the experienced New York City Dog Bite Lawyers at Linden Rozenberg at 212-804-8440 for a free consultation.
June 11, 2017
WHY PEDESTRIAN KNOCK DOWN ACCIDENTS HAPPEN IN NEW YORK

WHY PEDESTRIAN KNOCK DOWN ACCIDENTS HAPPEN IN NEW YORK

Pedestrian knock downs are a common occurrence in New York City. Everyone is hasty, drivers are running red  lights, and pedestrians don’t watch where they are walking. In fact, the latest DMV report for car crashes stated that 14650 pedestrian related accidents happened in New York of which 30% resulted in moderate to serious injuries.   Causes of pedestrian knock downs Cell phone use and texting One of the most common causes of pedestrian knockdowns is due to drivers using their cell phones to make a call or text. Many drivers are texting while driving and therefore paying zero attention to the road. Of course, we shouldn’t forget about the pedestrians who are texting while walking, but that’s another story. Distraction New York is a busy city and everyone is always on the go, go, go. The problem is that people become so distracted by what’s happening in their lives that they forget to pay attention to what’s happening on the roads. Failure to yield right of way A large chunk of pedestrian knock down accidents happens because motorist doesn’t give the right of way to pedestrians when due. This is likely due to a combination of being in a hurry, impatience and distraction. Pedestrian confusion According to the DMV motor vehicle accident report, pedestrian confusion contributes to almost as many accidents as driver distraction. Some of the most serious injuries occur when pedestrians cross the road where there is neither a signal nor a crosswalk. All of these reasons for pedestrian knock downs could easily have been avoided if everyone had been paying attention and adhered to the rules of the road. A pedestrian who was knocked over by a car and had to undergo minor spinal surgery and had sustained a shoulder injury contacted Linden Rozenberg to assist him with his claim. Linden Rozenberg won him a $200 000 settlement to cover his medical fees, lost wages and to compensate for his pain and suffering.  If you were in a pedestrian knockdown accident, call Linden Rozenberg at 212-804-8440 for a free evaluation of your case.    
June 11, 2017
Car accident? Will a Personal Injury Claim Affect Your Insurance Premium?

Car accident? Will a Personal Injury Claim Affect Your Insurance Premium?

Being in a car accident can be a traumatic experience. Not only could you suffer physical injuries, but you may also suffer mental anguish afterward. Not to mention the damage to your car. To add insult to injury, car insurance companies will try to lower the amount of compensation for your damages. In this case, you may want to take things up with a lawyer to get what you think you deserve, but you worry about whether this will affect your car insurance premium. Let’s talk about why and when this shouldn’t be a problem. Why filing a personal injury complaint shouldn’t affect your car insurance premiums Insurance companies calculate their insurance premiums based on your risk profile. If the accident wasn’t your fault, your risk profile is not affected by any personal injuries claims against your policy, so there shouldn’t be any changes to your insurance premiums. If you can prove that the accident was not your fault, then there’s no reason to believe that you will be a high-risk customer in the future and there will be no reason for your risk profile to be changed. When would your car insurance be affected If you were responsible for the accident, especially if you have a history of accidents, your car insurance will be affected negatively. It doesn’t matter whether complaints are filed against damages to the car or to the driver or passengers personal injuries, your insurance premium will be affected in the same way. They basically will see you as a higher risk client and will, therefore, charge you more to insure your car. If your car insurance didn’t pay for all your medical expenses after a car accident, you can file a personal injury complaint. If you have been injured in a car accident due to the negligence of another driver, you deserve to be compensated and should contact the New York City Car Accident Attorneys at Linden Rozenberg at 212-804-8440 for a free and confidential consultation.
June 9, 2017
700 Lawsuits Over Defective Drug Causing Permanent Hair Loss

700 Lawsuits Over Defective Drug Causing Permanent Hair Loss

In California, hopeful cancer patients were treated with the drug Taxotere. Although they expected some hair loss due to chemotherapy, no-one expected the hair loss to be permanent. Countless women were victims of exposure to a defective drug containing a toxic substance that permanently killed their hair follicles, leaving them bald for life. The Taxotere case Such an event can only be infuriating as one is already battling with the trauma of a deadly disease. Permanent bodily damage due to serious side effects of a defective drug is unacceptable. Unfortunately, the doctors were unaware of this terrible side effect and the plaintiffs looked towards the drug manufacturers, Sanofi SA, who have allegedly misled both patients and doctors to believe that the hair loss would be temporary. In fact, the manufacturers only admitted that permanent hair loss was a possibility in 2015, even though the drug was approved by the FDA in 1996. By January 2017, the manufacturers of Taxotere faced 776 lawsuits due to their misleading the public about the high risk of possible permanent hair loss. Claiming product liability Claiming compensation in such a scenario means that are suing the manufacturer or distributor for product liability that has resulted in a personal injury. In such a case the law says that the thing speaks for itself – i.e. the product wouldn’t have been defective if someone was not negligent. So, instead of trying to prove that the manufacturer was negligent as in many personal injury cases, the manufacturer would have to go a long way to prove that they were not negligent. If you have suffered a personal injury due to a defective product, call the New York City Product Liability Attorneys at Linden Rozenberg for a free and confidential consultation at 212-804-8440 or visit our office at 1500 Broadway Suite 903.
June 7, 2017
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