Protecting Injury Victims in Dutchess County

Over 30,000 motor vehicle fatalities occur each year in the United States. Severe and fatal injuries occur when motor vehicles collide with other passenger vehicles. There are many causes of car accidents, most of which are preventable and due to the negligent, reckless, or careless actions of another. If you have been injured in a car accident, it is important that you consult with an experienced personal injury lawyer to discuss your case. An experienced injury attorney could help guide you through the legal process and ensure that your rights are protected at each step.

Car Accident Cases We Handle

Our firm handles car accidents caused by the following:

• Reckless driving
• Distracted driving
• Excessive speeding
• Aggressive driving and road rage
• Drunk driving and driving under the influence of drugs
• Drowsy driving
• Multi-vehicle accidents
• Defectively designed or manufactured motor vehicles
• Poorly maintained or defectively designed roads
• Poor weather conditions
• Roll-over accidents
• Intersection collisions
• Rear-end collisions

At McCabe Coleman Ventosa & Patterson, PLLC, our Poughkeepsie car accident lawyers can represent you for injuries sustained in car accidents, bus accidents, truck crashes, motorcycle collisions, bicycle wrecks, and pedestrian knockdowns. 

Is New York a No Fault State for Car Accidents?

New York is also a "no-fault" car insurance state, which means your options for pursuing a claim are often limited when you're injured in a car accident. New York is one of a dozen or so states that follow some form of a "no-fault" car insurance system. Under no-fault, after a car accident, your own car insurance coverage (specifically, your "personal injury protection" or "medical benefits" coverage) pays for medical treatment and other out-of-pocket losses incurred by anyone covered under the policy up to coverage limits, regardless of who caused the accident. But with this system, you can't get compensation for your "pain and suffering" and other non-monetary damages stemming from the accident. It's important to note that New York's no-fault car insurance system applies to injuries caused by car accidents but not to vehicle damage claims. A claim for damage to (or total loss of) a vehicle can be made against the at-fault driver in New York with no limitations.

What Are Common Car Accident Injuries?

Physical injuries resulting from motor vehicle accidents range from mild cuts and scrapes to significant bodily harm. Motor vehicle accident victims commonly suffer from the following:

•  Broken or fractured bones,
•  Muscle sprains and strains, 
• Tendon and ligament tears, 
• Back injuries, including bulging and herniated discs, 
• Nerve damage, 
• Spinal cord injuries,
•  Paralysis, 
• Eye injuries, 
• Concussions,
•  Loss of limbs,
•  Internal bleeding, 
• Other traumatic brain injuries.

Car accident victims may be faced with high medical bills, including the costs of past and future medical treatment, prescriptions, rehabilitation, and physical therapy, as well as lost wages, diminished earning capacity, and costs related to physical damage to their vehicle. Medical treatment for car accident injuries may be necessary for years following the accident. Car accident victims, with the help of a New York attorney, may also recover for their conscious pain and suffering and out-of-pocket expenses, including future medical expenses. In wrongful death cases, the surviving family members may also be entitled to compensation.

Obtaining Car Accident Injury Compensation

Car accident victims seeking to obtain compensation for their injuries may file personal injury lawsuits against responsible parties. Depending on the circumstances of your particular case, responsible parties could include the driver or drivers involved, auto manufacturers and designers, and even government entities, including local and state maintenance authorities. When the negligence, carelessness, or recklessness of any of these parties leads to a motor vehicle accident, they can be held liable for damages.

Although most cases result in a lawsuit being filed, many times, an experienced car accident attorney will be able to resolve your case without even filing suit. Car accident victims should always consult an experienced car accident lawyer prior to even discussing the claim with insurance companies or other drivers. Insurance companies have an incentive to spend as little money as possible on each claim and can take advantage of inexperienced and unrepresented individuals. Insurance companies have experienced legal teams working on their behalf, and so should you.

What is New York`s Statute of Limitations for Accident Claims?

Time is of the essence in dealing with automobile accident claims. New York law requires that injured individuals file their claims against responsible parties within a certain period of time. This is known as the statute of limitations. Failure to do so may result in an injured person’s forfeiture of their rights. For most general negligence cases in New York, the statute of limitations is three years. However, it can be shorter in some instances. For example, claims against a municipality must be filed within 1 year and 90 days.

In addition to the statute of limitations, there are other deadlines that must be adhered to, such as the requirement of filing a “no-fault” application within 30 days of the accident or filing an MV-104 within 10 days of the accident. Failure to adhere to these timeframes can be detrimental to your case, which is why it is important to seek an experienced car accident attorney right away.

Evidence Needed in an Auto Accident Claim

Pictures from the automobile accident scene, witness information, police reports, and medical records are important items of evidence in motor vehicle accident lawsuits. It is also important for injured individuals to keep detailed records of all medical treatment received as a result of the accident and a log of all conversations held with insurance companies and other potentially responsible parties. This information is critical to the success of your car accident lawsuit.

Contact Our Car Accident Attorney Today

Motor vehicle accidents can result in overwhelming financial and emotional stress to injured drivers, passengers, and pedestrians. At McCabe, Coleman, Ventosa & Patterson PLLC, our experienced team of lawyers understand that the pain of living with serious physical injuries can be devastating to the injured individuals and their families.

Our Poughkeepsie car accident attorneys have navigated the complexities of the law surrounding motor vehicle accident cases, including insurance law and rules and regulations related to underinsured and uninsured drivers. McCabe, Coleman, Ventosa & Patterson PLLC has aggressively represented countless car accident victims in New York, obtaining large settlements and awards for our clients.

Let Us Help You Get the Compensation You Deserve

At McCabe, Coleman, Ventosa & Patterson PLLC, our knowledgeable construction accident lawyers have successfully represented countless individuals who have been seriously injured in job site construction accidents in Poughkeepsie, Red Hook, Carmel, or Kingston, NY. Our knowledgeable construction injury lawyers have extensive experience representing workers from many different trades, and we understand the types of work required and performed by each. We have fought for the rights of both Union and non-Union general trade workers and obtained outstanding recoveries. We believe that our years of experience and understanding relationships with workers have led us to be successful representing injured workers in construction accident cases.

How Our Legal Team Fights for Injured Construction Workers

When you contact McCabe, Coleman, Ventosa & Patterson PLLC, our team of devoted construction injury lawyers will quickly get to work on your case. Here are just a few ways that our construction injury attorneys fight for clients throughout New York:

Investigate your construction accident and gather solid evidence.

Every strong case starts with a thorough and swift investigation into the facts. Our seasoned construction accident attorneys know what to look for in these types of claims and will work quickly to preserve the evidence needed to prove your case.

Track medical records to document your construction accident injuries.

Next our team will begin working closely with you to follow your medical treatment. We will gather medical bills and other records in order to prove your injuries, including future medical costs.

Consult with skilled experts.

In complex cases, our construction injury attorneys often consult with medical experts, engineers, government safety specialists, and economists. These expert opinions strengthen your claim and allow us to present your case in a persuasive and compelling way during insurance company negotiations and jury trials.

Negotiate aggressively with construction insurance companies.

Our respected legal team handles all the negotiation, so you don’t have to. We will demand fair and just compensation from insurers and will advise you on any construction accident injury settlement offers.

Handle liens and bills from medical providers.

In most cases, there are substantial medical bills, provider liens, and even government liens (e.g. Medicaid and Medicare), as well as potential health insurance or other liens. Our construction injury law firm will work to help you sort through these complex issues.

Advocate for your best interests at trial.

If a settlement can’t be reached, our trial lawyers have the experience to fight for the compensation you deserve, whether through mediation, arbitration, or a jury trial.

Your Compensation in a Construction Accident Claim

The compensation you may receive will depend on a variety of factors, including: the nature of the accident, your injuries, your medical expenses, future medical expenses, your lost income or wages, and a variety of other issues. In New York personal injury cases, you have a right to pursue compensation for:

• Conscious pain and suffering
• Medical expenses (past and future)
• Lost wages (past and future)
• Disability or disfigurement

After a serious construction accident injury, an insurance company may try to offer you a quick and easy settlement to close out your case. Do not accept any settlement offer without having it reviewed by a knowledgeable construction injury attorney.

Time Limits on Construction Accident Claims

Every state has its own statute of limitations on filing a civil lawsuit for personal injuries such as construction accident injuries. In New York, you generally have two years from the date of injury to pursue a personal injury claim. However, in certain circumstances, such as where a municipal entity is at fault, the time frames may be substantially shorter. Don’t hesitate to consult with us about your case.

Providing You with Experienced Legal Representation in New York

Medical malpractice occurs when a medical professional, hospital, or clinic fails to provide the accepted standard of care which leads to patient injury or harm. Unfortunately, medical errors have become more common in this country than is acceptable. According to a study conducted by Johns Hopkins University, more than 250,000 Americans die annually from medical mistakes or negligence. This statistic places medical malpractice as the third leading cause of death for people in the U.S. Another sad fact is that few of these people ever pursue justice through legitimate legal claims or receive the compensation which they deserve. Most have little understanding that they have been victimized.

At McCabe, Coleman, Ventosa & Patterson PLLC, our personal injury attorneys understand the gravity of medical malpractice cases. You have entrusted your health and often your life to the care of medical professionals who, due to negligence, have not only failed but caused you additional harm. This can lead to further pain and suffering, emotional trauma, financial loss, and failing health. Our firm is here to help you fight back. As a large law firm in our general area with 200 years of combined experience on the part of our legal team, we will use all of our resources to help you seek the justice you deserve in the wake of medical incompetence.

Medical Malpractice Claims in New York

Medical malpractice can occur in a variety of ways which can lead to a valid legal claim against the negligent party. These medical errors can be committed by doctors, surgeons, anesthesiologists, nurses, therapists, psychologists, dentists, pharmacists, and any other professional working in the medical or dental fields.

Examples of medical error and negligence includes:

• Misdiagnosis
• Delayed diagnosis
• Surgical errors, such operating on the wrong body part, the wrong patient, or leaving surgical instruments behind in the body
• Treatment that is improper or improperly administrated
• Failure to properly warn the patient of known risks involved with recommended treatment
• Anesthesia errors
• Wrong prescription drugs given or wrong dosage or wrong way of administering
• Birth injuries, including cerebral palsy, brain damage, Erb’s palsy

The above are common examples but any time a medical professional fails to apply care that adheres to accepted standards and it leads to your injury or harm, it may be grounds for a claim. The medical professional in charge may be held responsible for all of the damages you have suffered as a result.

Damages in Medical Malpractice Claims

Damages generally are broken down into two types. These consist of economic damages and non-economic damages. Economic damages are those that can be more easily calculated in financial terms,such as lost wages or income, additional medical expenses of treatments required due to the medical mistake (such as additional surgeries or long-term care), and other monetary or out-of-pocket costs associated with the medical mistake made. Non-economic damages are generally less easy to calculate as they are based on intangible losses, such as pain and suffering and loss of consortium which relates to how your spouse or family have been deprived of affection, companionship, or other intangible benefits.

How McCabe, Coleman, Ventosa & Patterson PLLC Can Help

Medical malpractice claims are complex legal matters that involve special rules and procedures. Expert testimony by other professionals and practitioners is generally key to any malpractice claim. This testimony would be from another professional who has experience in the medical field related to the case. Often, special medical review panels are required to review the evidence of your claim before any trial may begin to determine the validity of your claim that malpractice has occurred.

Malpractice claims are time-consuming and highly technical. Our firm can provide the assistance needed to analyze your situation and help you safely navigate the process in search of the compensation for damages your claim deserves.

Have You Been Injured Due to Negligence?

Negligence is a key factor in personal injury claims and lawsuits. Where another individual or entity has been negligent or guilty of wrongdoing and causes the injuries of another, the negligent party(ies) may be held legally responsible. They or their insurance company may be held liable for monetary compensation for the damages connected with such injuries through an injury claim or lawsuit brought by the injured person.

Negligence is generally a matter of carelessness - an action or a failure to act in a reasonably prudent manner under the circumstances. For example, a driver who is texting while driving is a negligent driver. Similarly, a landlord who refuses to repair a broken staircase on his premises may be deemed negligent by a court for failing to provide a safe environment for tenants and visitors. Negligence or misconduct is often the underlying cause in many different types of accidents, such as those involving cars, buses, bicycles, motorcycles, trucks, and pedestrians as well as dog bites, construction accidents, hit and run, slip and/or trip and fall accidents, train accidents, and swimming pool accidents.

What Must Be Proven in a Negligence Case?

To support a claim of negligence in a personal injury case, you must show that the negligent party owed you a duty of care, that he or she violated that duty, that the breach of duty caused your injuries, and that you incurred economic or non-economic damages due to the injuries, such as medical expenses, loss of earnings, pain, suffering, emotional trauma, and similar losses. All these factors must be documented and presented in your claim to an insurance company or in your lawsuit against the negligent party through the courts.

At McCabe Coleman Ventosa Patterson PLLC, we are fully versed in personal injury law and negligence claims. We have considerable experience in this field and represent clients throughout the Hudson Valley, including those in the counties of Dutchess, Orange, Ulster, Putnam, Sullivan, Greene and Columbia.

Let Our Firm Help Your Loved One Today

As the population of the United States ages, more and more people find themselves living in nursing homes and assisted living facilities. Many residents of these institutions are vulnerable-they are elderly, frail and often have cognitive problems caused by age and diseases such as Alzheimer’s. Nursing home residents often live far away from children or other loved ones and have no one to monitor the care they receive. As such, they are frequently victims of abuse and negligence.

At McCabe, Coleman, Ventosa & Patterson PLLC, we are dedicated to representing victims who have suffered medical malpractice, including nursing home abuse or neglect. We have the experience, knowledge, and firm resources to help with filing lawsuits on behalf of residents and families for payment of medical bills and other costs associated with an injury caused by abusive or negligent actions.

In addition, our personal injury attorneys feel obligated to send a strong message to the operators of nursing homes and other elderly care facilities: negligence and abuse of our senior citizens will not be tolerated. If your loved one has told you about abuse or neglect, or even if you suspect any negligence, contact an attorney who is committed to helping our elderly live healthy, dignified lives.

How Our Experienced Firm Can Help You

Most nursing homes in the New York areas we serve provide excellent care. However, not all do. We have handled nursing home negligence cases involving issues such as:

• Unsanitary conditions, physical and verbal abuse
• Decubitus ulcers or bedsores
• Dehydration or malnutrition
• Burns
• Inappropriate use of restraints
• Failing to assist those with difficulty walking
• Failure to address fall-downs and broken bones
• Theft from nursing home residents
• Sexual assault of residents
• Wrongful death of a resident

Nursing homes and other facilities often try to conceal their negligent conditions from family members. When caught, they typically offer a defense centering on improperly trained or insufficient staff; none of these excuses will hold up, as the operator of the facility is duty-bound to provide the standard of care necessary. In a nursing home abuse case, lack of staff, poor instruction, or ignorance will lead to liability for the facility.

Nursing home cases generally fall into two categories: medical malpractice and ordinary negligence. Although they may seem very different, the two are actually similar. Ordinary negligence involves an individual or entity not acting as a reasonably prudent person or entity under the circumstances. Medical malpractice is a deviation from the standard of care – i.e. not acting as a reasonably prudent medical provider under the circumstances. Medical malpractice claims have a shorter statute of limitations (the time in which a case must be filed) than ordinary negligence claims, so it’s important that you consult with an experienced attorney as soon as possible.

At McCabe Coleman Ventosa & Patterson, our attorneys are experienced in handling nursing home cases and have the knowledge and skill to aggressively represent your interests.

Helping Injury Victims Recover Their Entitled Compensation in Dutchess County

Many manufacturers knowingly produce and sell dangerous products to the public. Product liability litigation provides a way to hold those manufacturers accountable. If a defective product harmed you or a loved one when it was used as intended, you may be eligible to recover compensation for your injuries and other losses.

The experienced product liability lawyers of McCabe, Coleman, Ventosa & Patterson PLLC can help if you suffered injuries or lost a loved one due to the use of a dangerous consumer product.

Product liability cases typically involve complex factual and legal issues. They require litigation against corporations with deep pockets and a strong incentive to fight claims.

McCabe, Coleman, Ventosa & Patterson PLLC has the resources it takes to fully investigate a dangerous product case. We also have the courage and dedication to stand up to corporations and hold them fully accountable.

Types of Defective Consumer Product Claims

Product liability law allows Americans to hold manufacturers legally responsible for the injuries that their defective products cause when used as intended. The most common flaws in consumer products are:

• Defective designs
• Manufacturing flaws
• Inadequate warnings or instructions
• A defective product lawsuit against a manufacturer typically must establish:
• The consumer suffered a compensable injury.
• The consumer used the product as intended at the time of the injury, and it failed to perform as reasonably expected.
• A defect in the product caused the injury.
• The defect arose from the product’s design or the way it was manufactured.
• The manufacturer knew or should have known of the defect in the product and that it could cause injury.
• The manufacturer failed to remedy the defect or to warn users of the risk of injury if they used the product as intended.
• In your product liability lawsuit investigation, a lawyer will gather and review witness statements and medical records that show the extent of your injuries. The lawyer will also document and calculate other losses, such as your inability to work and the depth of your pain and suffering.

How Does a Product Liability Claim Work?

The lawyer may collect additional evidence from sources such as existing independent studies about the product and/or previous injuries linked to it and expert evaluations of the product. Government regulatory action, such as a recall reported by the Consumer Product Safety Commission (CPSC) or the U.S. Food and Drug Administration (FDA), can also serve as evidence.

After filing a lawsuit in the proper court, the lawyer will seek records, reports, and statements from the manufacturer through a legal process known as “discovery.”

Numerous harmed consumers may file lawsuits in state or federal courts across the country. To handle a large volume of claims, a court may combine legal claims in one of two ways:

• Class action. A court may establish a class action after multiple plaintiffs bring similar factual or legal complaints against a defendant. The court will appoint one or more plaintiffs to stand as representatives of the class.
• Multidistrict litigation (MDL). The U.S. Judicial Panel on Multidistrict Litigation may centralize multiple lawsuits filed in different federal courts if the claims have common factual and legal issues. Centralization helps to streamline the pretrial process. The court and the parties may select “bellwether cases.” The outcomes of these cases can indicate the likely outcomes in other cases.

Many product liability cases end in a negotiated settlement. In fact, some corporations establish large funds in anticipation of a settlement after several lawsuits about a specific product are filed and go to trial.

Typically, a plaintiff can join an ongoing class action or MDL lawsuit, or within an allotted amount of time, the plaintiff may share in a settlement that has already been negotiated and approved by the court.

You must weigh the pros and cons of joining an ongoing claim, pursuing an individual claim, or agreeing to accept a settlement. If you join an MDL or class action instead of pursuing an individual suit, it can cut your costs while allowing you to recover the compensation you are due.

As your attorneys, we will advise you according to your goals. We will also regularly update you about the status and progress of your case.

Compensation in a Defective Consumer Product Claim

In a product liability claim, McCabe, Coleman, Ventosa & Patterson PLLC will seek maximum compensation for the harm you suffered.

A lawsuit makes a formal “demand” for compensation. The amount of compensation available depends on the facts of each case. Our product liability attorneys will document, calculate and demand that you be compensated for all applicable damages, such as:

• Past and future medical expenses
• Lost income
• Diminished future earning capacity due to disability
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium
• Funeral and burial expenses (compensation to surviving family members in wrongful death).

Contact Our Product Liability Lawyers Today

If you suffered injury or lost a loved one because of a faulty or dangerous product, contact McCabe, Coleman, Ventosa & Patterson PLLC for legal help. Our product liability lawyers in Poughkeepsie will review your case for free and explain the legal rights and options available to you.

Since 1981, our personal injury attorneys have recovered more than $400 million for injured individuals and families. We have the experience and resources to develop a solid claim on your behalf. We will be determined to fight for the best possible outcome for you.

Let Our Firm Help You Recover Compensation and From Injury

When you visit a person’s home or apartment, go to work in an office building, shop in a store, walk through a parking lot or use an elevator or escalator, you have every reason to expect that you will be safe. Unfortunately, property owners and occupiers often fail to inspect their premises, fix hazardous conditions or warn visitors about the risks they face. Their negligence can cause visitors to suffer serious slip or trip and fall accidents.

If you have suffered injuries in a slip or trip and fall accident in New York, you may have the right to bring a premises liability claim and recover compensation from the person, company or government that owns or controls the property. This compensation can cover your medical bills, lost income, pain, suffering and more. The experienced personal injury lawyers of McCabe, Coleman, Ventosa & Patterson PLLC, have years of experience with helping slip or trip and fall injury victims and their families throughout New York. We know what it takes to pursue full and fair compensation for those who suffer harm due to the negligence of property owners and occupiers. We want to help you, too.

What Should You Do After a Slip and Fall in New York?

In order to protect your right to a full and fair recovery, the Slip and Fall lawyers of McCabe, Coleman, Ventosa & Patterson PLLC, encourage you to take these seven steps after a slip or trip and fall:

Get medical treatment without delay. A doctor’s examination will document that you suffered injuries due to a slip or trip and fall. Make sure to follow your doctor’s treatment orders.

Report your slip or trip and fall. Fill out an accident report form or give some other form of notice to the owner and/or occupier of the property. If the business or a police officer completes an accident report, request a copy.

Take photos of the accident site and your injuries. If possible, take photos at the scene of the slip or trip and fall. You should also take photos of any injuries you have suffered.

Maintain a case file. Keep copies of all your medical bills and other slip or trip and fall-related expenses. You should also keep copies of any letters that you receive from insurance companies.

Keep the clothes and shoes you wore on the day of the fall. Do not wash or clean what you were wearing at the time of the slip or trip and fall. Those clothing items can serve as evidence in your claim.

Do not give a statement to the insurance company. You should decline to give a recorded statement to the property owner’s insurance company or sign any documents until you speak with a lawyer first.

Stay away from social media. Never discuss your slip or trip and fall on Facebook, Twitter, Instagram or other social media sites. Because insurance companies may try to use anything you post on social media against you, be careful about your activity on those sites until your case is resolved.

Your most important step will be to contact a slip or trip and fall attorney. At McCabe, Coleman, Ventosa & Patterson PLLC, we will provide a free consultation. When we meet, we can review what happened to you, answer all of your questions and help you to understand your legal rights and options.

How Can Our Lawyers Help You?

As your case moves forward, a slip and fall lawyer at McCabe, Coleman, Ventosa & Patterson PLLC, will provide a wide range of valuable services to you.

For instance, you can expect us to:

Fully investigate your slip or trip and fall. We will inspect where your slip or trip and fall occurred, gather photos and surveillance camera footage, interview witnesses, review your medical records and more.

Talk with experts. We may consult with knowledgeable accident reconstruction experts, medical experts, and others in order to determine why your slip or trip and fall occurred and how your injuries have impacted your ability to work and enjoy life.

Prepare your claim. We will submit a claim with the property owner’s insurance company and, if necessary, file a lawsuit in the proper New York court.

Seek a full and fair settlement. We resolve many slip or trip and fall cases through negotiated settlements. Our goal will be to ensure that any settlement offer fully and fairly compensates you. Formatted: Indent: Before: 0.5", No bullets or numbering

Take your case to court. Unfortunately, property owners and occupiers may contest liability or challenge the amount of damages that you are seeking. Our highly skilled trial lawyers will be ready to present a strong case for you in the courtroom.

Generally speaking, you have three years from the date of an accident in which to file a personal injury claim in New York. However, under some circumstances that time frame can be significantly shorter, such as where a municipal entity is at-fault.

What Slip and Fall Accident Cases Do Our Attorneys Handle?

As attorneys with years of experience, we have seen a wide range of slip or trip and fall accidents involving property owners who failed to address a hazard on their property or to give a proper warning to visitors about the slip and fall risks they faced.

We assist clients in slip, trip and fall cases involving:

Snow and ice – Many property owners and occupiers fail to remove snow and ice from sidewalks, parking lots and stairs within “a reasonable amount of time” or within the time period set by a local ordinance.

Slippery floors – Snow and ice can melt and puddle inside of a doorway, creating a hazard. Floors also become dangerously slick after they are mopped.

Spills – Merchandise in stores, including liquid items, can fall from shelves and produce slippery spots in aisles. Store owners (and their employees) should clean spills in a timely manner.

Clutter – Merchandise, equipment, tools, and debris left in the aisle of a store, on a sidewalk or on a walkway can create a tripping hazard.

Uneven surfaces – Loose or damaged tiles, floorboards, carpet or mats can cause a person to trip. Scaffolding, railings and ramps can also be unsafe due to uneven or unsteady surfaces.

Open holes – Holes in parking lots or elsewhere in the landscape are dangerous, especially if they are hidden by snow, leaves or tall grass or if they are not marked by fencing, cones or signs.

Insufficient lighting – Poor lighting in corridors, stairwells and parking garages can obscure obstacles. Insufficient lighting can be a greater hazard as nights grow longer in winter. Contact us today to discuss the specific hazard or hazards involved in your slip and fall.

What Are the Elements of a Slip or Trip and Fall Claim in New York?

To prevail in a New York slip or trip and fall claim, you must establish that the property owner or person responsible for the premises where your accident occurred should be held liable for your injuries.

In a slip and fall lawsuit you must show that:

A dangerous property condition existed.

The property owner/occupier knew or reasonably should have known that the dangerous condition existed.

The owner/occupier had a reasonable time to address the dangerous condition or warn visitors about foreseeable risks but failed to do so.

As a result of this negligence, you suffered injuries such as a hip fracture, spinal cord injury or traumatic brain injury.

Generally, business owners in New York have a higher responsibility for ensuring their properties are hazard-free. This is because they solicit visitors.

If you are considering a slip or trip and fall accident claim, you should also be aware of what is known as the “open and obvious” defense. In other words, if any reasonable person would have recognized the danger and stayed away from it, the property owner may not be held liable for any injuries caused by the hazard.

At McCabe, Coleman, Ventosa & Patterson PLLC, we know how to gather and present evidence that establishes the elements of your slip or trip and fall claim. We will work tirelessly to hold the negligent property owner or occupier accountable for the harm you have suffered.

Compensation You Can Recover for Your Slip and Fall Injuries

Whether it is through a slip and fall settlement or verdict, the attorneys of McCabe, Coleman, Ventosa & Patterson PLLC, will pursue full and fair compensation for your injuries and losses, including:

Past and future medical expenses

Lost income and diminished future earning capacity

Pain and suffering

Loss of consortium (harm to the marital relationship caused by the accident)

Wrongful death damages (if you lost a loved one in a slip and fall)

Punitive damages (where appropriate).

A property owner or occupier may claim that your own negligence contributed to your slip and fall injuries. Under New York’s negligence law, your compensation can be reduced according to the percentage of fault assigned to you, and you could be barred from recovering anything if your fault exceeds that of the property owner or occupier.

Our law firm knows how insurance companies operate. You can count on us to vigorously challenge an insurance company’s efforts to put undeserved blame on you for your injuries in a slip or trip and fall.

Did Your Slip and Fall Occur on the Job in New York?

If you were hurt in a slip and fall at work, you may be eligible to file a claim for New York workers’ compensation benefits, including benefits that cover your medical expenses and cover a portion of the wages you lose due to your injuries.

In addition to Worker’s Compensation, if someone other than your employer was at fault, you may have a claim against them. This is referred to as a “third-party” case. Our attorneys can help you to explore all other options that may be available to you such as pursuing a third-party liability claim against a non-employer whose negligence caused your slip or trip and fall.

Get Help from a New York Slip or Trip and Fall Lawyer Today

Our Poughkeepsie slip and fall lawyers of McCabe, Coleman, Ventosa & Patterson PLLC, have used their skills, experience, and resources for years to protect the rights of slip or trip and fall accident victims in New York. We help them to seek the compensation they deserve.

Helping Families After Tragic Loss

No family is immune to the pain of losing a loved one. When that loss is caused by the negligence or wrongful conduct of another person or entity, the pain can be overwhelming. You may not know where to turn for help. At McCabe, Coleman, Ventosa & Patterson PLLC, our Poughkeepsie wrongful death lawyer is here to help you and your family through this difficult time. Our compassionate team is ready to fight for the justice and compensation you deserve.

What is "Wrongful Death" Under New York Law?

The loss of a loved one is never easy, but it is especially difficult when that death is completely avoidable. When a person passes due to the wrongful conduct of another individual or entity, the victim's family may be eligible for compensation. This is especially true when the victim was young or old, when the victim was dependent on others for care, or when the victim's family will suffer a loss of financial support.

Under New York law, a family can file a wrongful death lawsuit when a death occurs due to the wrongful or negligent conduct of another person or entity. This can include car accidents, defective products, workplace accidents, and medical malpractice. Under New York's wrongful death statute, a family can file a claim for up to $50,000 for each person who passed due to wrongful conduct. If multiple family members pass due to one incident, the claim can be multiplied accordingly.

What is the Statute of Limitations for Wrongful Death Claims in New York?

Each state has a statute of limitations, which is the amount of time a family has to file a wrongful death claim. New York's statute of limitations is 2 years. This means that your family has 2 years from the date of your loved one's passing to file a claim. If you wait too long to file a claim, the court may reject your case.

Who Can File a Wrongful Death Lawsuit in NY?

In New York, a wrongful death lawsuit can be filed by specific individuals who are designated by law as "personal representatives" of the deceased person. These individuals are typically close family members or the executor or administrator of the deceased person's estate.

The specific order of priority for filing a wrongful death lawsuit in New York is as follows:

1. Spouse: The surviving spouse has the primary right to file a wrongful death lawsuit. If there is no surviving spouse, the right passes to the next eligible family member.
2. Children: If there is no surviving spouse, the surviving children of the deceased person can file a wrongful death lawsuit.
3. Parents: If there is no surviving spouse or children, the surviving parents of the deceased person may have the right to file a wrongful death lawsuit.
4. Personal Representative: If there are no surviving spouse, children, or parents, the personal representative of the deceased person's estate can bring a wrongful death claim. The personal representative is typically the executor or administrator appointed by the court.

It's important to note that in New York, the personal representative is required to act on behalf of all eligible family members who could potentially recover damages in a wrongful death lawsuit. The damages awarded in such cases are intended to compensate the family members for the losses they suffered due to the death of their loved one.

What Damages Can Be Recovered in a Wrongful Death Lawsuit?

The goal of a wrongful death lawsuit is to ensure that the family is compensated for the loss of their loved one. The money you recover can be used to pay for your loved one's funeral and burial, to pay off outstanding debts, to pay for the loss of financial support, and more. In a wrongful death lawsuit, you can seek compensation for economic and non-economic damages.

Economic damages include:

• Funeral and burial costs
• Lost wages
• Lost benefits
• Medical expenses
• Loss of household services
• Reduced value of the family's home
• Reduced value of the family's business
• Loss of companionship
• Loss of future earnings

Non-economic damages include:

• Grief and sorrow
• PTSD
• Anxiety
• Loss of consortium
• Loss of guidance
• Loss of protection
• Loss of love and affection

In many cases, the goal of a wrongful death lawsuit is to ensure that the defendant is made to pay for the full value of the victim's life. This can include the victim's lost wages, future earnings, household services, and more.

Talk to a Wrongful Death Lawyer in Poughkeepsie Today

If you have lost a loved one due to the wrongful or negligent conduct of another individual or entity, you do not have to face this difficult time alone. Our Poughkeepsie wrongful death lawyer is here to help you and your family obtain the justice and compensation you deserve. We can help you navigate New York's complex legal system and fight for the compensation you need to move forward after such a devastating tragedy.

Yes, you may still be able to file a personal injury claim even if you were partially at fault for the accident. New York follows a comparative negligence rule, which means that your compensation may be reduced based on your percentage of fault. It is best to consult with a personal injury attorney to understand how your specific situation may affect your claim.

Not all personal injury claims go to court. Many cases are resolved through negotiations and settlements with insurance companies. However, if a fair settlement cannot be reached, it may be necessary to file a lawsuit and go to court. Your personal injury attorney will guide you through the legal process and represent your interests, whether in negotiations or in court.

The time it takes to settle a personal injury claim can vary depending on the complexity of the case. Some cases may settle within a few months, while others may take years. It depends on factors such as the extent of your injuries, the availability of evidence, and the cooperation of the other party. Your personal injury attorney will work diligently to resolve your claim as efficiently as possible.

Yes, it is important to hire a personal injury lawyer in Poughkeepsie, NY as they can provide invaluable insight, navigate the complexities of personal injury cases, and help you get the compensation you deserve for any losses incurred due to the accident.

In New York, the comparative negligence rule applies, which means that your compensation may be reduced if you were partially at fault for the accident. It is still possible to file a personal injury claim even if you were partially at fault.