Archive for the ‘Trip and Fall’ Category

How To Choose A Personal Injury Lawyer

Monday, December 13th, 2010

How to Choose a Personal Injury Lawyer

One of the most difficult decisions the victim of an accident has to make is who to choose as their attorney. While there is no shortage of lawyers who will promise just about anything in an effort to entice you to become their client, making an informed decision can be difficult. The fact is, not all lawyers and law firms are equal. Who represents you is an important decision since to whom you entrust your case will have a huge impact on the outcome.

Some questions you should ask are:

What type of cases do you handle?

The law, like medicine and many other fields, has become increasingly specialized. While there are lawyers who would like to think they can handle just about any type of case, the truth is you are better served by a law firm that only handles the type of case you have. If you have been injured, retain a personal injury law firm. If you had a broken bone you wouldn’t go to a dentist. For the same reason, if you need help with a personal injury matter you should seek help from someone that only handles matters like yours. All of our firm’s efforts are focused on representing injured clients without the distraction of other types of legal matters. At Rosenberg & Gluck personal injury is all we do.

Does the firm have the resources to handle every aspect of your case in a timely manner?

Properly handling a personal injury case can involve the expenditure of tens of thousands of dollars and hundreds of hours of legal work. Expert fees, investigations, trial exhibits, and a host of other necessary expenses add to the costs of successfully prosecuting a case. Many firms simply cannot afford to thoroughly prepare their cases by making these expenditures of time and money. A lawsuit is not the place to cut corners. While smaller firms often cannot devote all the time and resources that a case requires, Rosenberg & Gluck is a substantial, well established firm with the personnel and resources to battle the insurance companies.

Does the firm have the personnel with the right experience handling cases like yours?

Rosenberg & Gluck is comprised of six experienced attorneys, complimented by a staff of seasoned paralegals and legal secretaries. The founding partners have each been representing the injured for almost 30 years. Our firm has successfully handled thousands of cases for the injured. Day in and day out, for decades, our lawyers and support staff have helped thousands of people whose lives have been affected because of their injuries.

How often does the firm go to trial on cases like yours?

Whether a law firm has the experience to try your case before a judge and jury is critical. This is important because ultimately you will be faced with making a choice between accepting whatever the insurance company offers you or taking your case to trial. The fact is that most lawyers either never try cases or rarely do; insurance companies know better than anyone which attorneys actually take cases to trial. Many lawyers simply write letters and serve some legal pleadings knowing full well they have no intention of actually fighting in court for their clients. Rosenberg & Gluck takes a different approach. We believe that each case should be treated as if it will go to trial. While this approach is more work for the attorney, the client benefits whether or not the case is actually tried. It really is just common sense; you either take the insurance company’s settlement offer or go to trial. If the insurance company knows your lawyer rarely goes to trial or is not a talented trial attorney, why should they make you a fair offer? There are only a handful of insurance company lawyers on Long Island that handle the vast majority of cases. The lawyers for Allstate, State Farm, GEICO, Liberty Mutual, and Progressive know which lawyers are in court every day fighting them and which lawyers just take what is offered. So when it comes to selecting a law firm to represent your interests ask, “When was the last time you actually went to trial on a case like mine?” “How many years experience do you have handling cases like mine?” The lawyers at Rosenberg & Gluck routinely go to trial on personal injury cases. We are in court almost every day fighting for our clients. In fact, we have been successfully trying cases like yours for decades.

What success has the law firm had in court with cases like yours?

Rosenberg & Gluck has a long standing and distinguished record of success in the courtrooms of Long Island. We are members of the prestigious Multi-Million Dollar Advocates Forum. This organization is only open to those lawyers who have obtained multi-million dollar results on individual cases. We are also rated “AV” by Martindale-Hubbell. This is the highest possible rating for ability and ethics as judged by other lawyers on Long Island. Our success is well recognized by judges, defense lawyers and other law firms. So much so that they have referred their family and friends to Rosenberg & Gluck for representation. Of course, not all cases will result in awards in the millions, but we have had remarkable successes on cases of all sizes, cases that many firms would not take to trial, cases that other lawyers would settle for whatever the insurance company offered. Simply going to trial is not enough; your lawyer should have years of experience handling cases like yours on a daily basis. We have decades of experience and thousands of satisfied clients. If you want a law firm that has both extensive experience and a record of success then Rosenberg & Gluck is the firm to choose.

New York Premises Liability Lawyers Suffolk County Nassau County

Friday, July 16th, 2010

Who’s Responsible When You’re Injured on Someone’s Property?

Premises Liability

If someone is injured on another person’s property, the owner of that property may be responsible. When someone causes injuries to another person on their property, this is referred to as “premises liability.” Premises liability comes in a variety of flavors. It can include pool drownings, falling trees, and even fires caused by building code violations. Some other types include the following:

Dog Bites

When a person is bitten and injured by a dog, the owner of the property where the dog is kept may be responsible to pay for the victim’s medical bills, lost wages, pain and suffering, and other damages. If the owner or landlord had knowledge of the dog’s vicious tendencies, had the ability to control the dog, and failed to do so, he or she will be held liable for any injuries.

Sidewalk Injuries

The law makes it a homeowner’s and store owner’s obligation to maintain the sidewalks in front of their property in the case of private sidewalks and walkways. Government entities which maintain sidewalks must have gotten prior written notice of the defect. In New York City, if someone trips and falls due to an unrepaired sidewalk, the person who owns the property adjacent to that raised sidewalk may be responsible for the victim’s injuries.

Dangerous Conditions

When someone is injured on a broken step, by a protruding rusty nail, or any other kind of dangerous condition on someone’s property, the property owner may be liable for the victim’s injuries. Such injuries can cause untold injury, leading to serious medical treatment, lost wages and other types of damage. The injured party may be successful in a personal injury lawsuit to recover several types of damages from the landowner or tenant.

Contact Rosenberg & Gluck

If you have been injured by or on someone’s property, contact the experienced personal injury attorneys at Rosenberg & Gluck. We are among the largest and most experienced personal injury firms in Suffolk County and Nassau County. Personal injury is all we do. For a free initial consultation, contact us or call our office at 631-451-7900.

What’s a “ROM” measurement and why is it so important?

Wednesday, December 16th, 2009

In all accident cases, it is necessary to prove you suffered an injury.  In a motor vehicle accident case, the injury must be what the law considers a “serious injury”.  Oftentimes, an injury may limit the degree to which you bend your neck, back, arm, knee, etc.  These limitations can be crucial evidence in proving the extent to which you are hurt. 

 

Physiatrists, chiropractors and physical therapists, among other health care providers, may take what’s called a “ROM” measurement of the injured part of your body.  ROM stands for range of motion.  Sometimes a medical provider will use a device, like a goniometer, to take a ROM measurement.  They will compare your ROM measurements to what are considered to be the normal ROM measurements.  Any difference between your values and what is considered normal will be considered a limitation. 

 

If at all possible, speak with your medical provider and ask whether he or she can take ROM measurements during your physical examination.  Some doctors take ROM measurements during each visit, which may show that your limitations continue over a period of time. 

 

These ROM measurements are important because they will help prove the extent to which you are hurt.  This is especially the case in motor vehicle accidents when your attorney must prove you are “seriously” injured, as defined by the law. 

New Bill Signed into Law Helps Those With Private Health Insurance

Wednesday, November 25th, 2009

If you have ever been injured in an accident, you likely needed to use your private health insurance to cover the costs of treatment.  Most, if not all, insurance companies want to be reimbursed for all of the money that they have paid on your behalf related to the accident – they look for reimbursement once you start a lawsuit.  They send letters to you or your attorneys claiming they have a right to be paid back.  Where would this money come from?  Too often, it comes from your settlement and it means less money in your pocket.

 

Governor Paterson signed into law a bill which limits the reimbursement and subrogation rights of health insurance providers.  The law is found in New York State General Obligations Law, section 5-335.  The new law provides that if you settle an action for personal injury, medical, dental or podiatric malpractice, or wrongful death, the health insurance provider shall have no lien, or right of reimbursement or subrogation, against you or your settlement. 

 

There are a few exceptions to this new law.  For instance, if you have a health insurance plan that is governed by ERISA, this law may not apply.  The law will not apply if any of your treatment has been paid by Medicare or Medicaid.  Also, the law does not apply to additional personal injury protection (APIP) benefits covered through your motor vehicle insurance carrier. 

 

Remember: If you have been involved in an accident and your health insurance provider has requested reimbursement, contact your attorney.  They will be able to determine whether your insurance provider is covered by this new law. 

A Picture Is Worth A Thousand Words

Thursday, October 22nd, 2009

You have likely heard the saying, “A picture is worth a thousand words.”  Well, this saying is quite accurate if you’ve been involved in an accident, whether it is a car accident, slip and fall or trip and fall. 

 

If you are injured in an accident and later decide to sue the other parties involved, oftentimes photographs of the scene or the vehicles involved will be crucial to proving your case. 

 

For instance, if you tripped and fell because of a sidewalk crack, it is imperative that your attorney knows what the sidewalk looked like on the day you fell.  Now, if you can’t take a photograph that very day, a photograph taken shortly thereafter (a day or two later) would also be helpful.  The reason the photograph is helpful is that it shows the exact location where you fell.  The photograph will also show the condition of the sidewalk on the day of your fall – this is extremely important information that will help to prove your case.  The photograph, if taken properly, should show the height disparity in the sidewalk; again, this is extremely crucial to proving your case. 

 

Also, if you’re involved in a motor vehicle accident, make sure you take photographs of the damage to your car.  The insurance companies involved will likely take photographs, but it is always helpful to take some yourself. 

 

You may also want to take photographs of the physical injuries you or a family member has sustained.  A photograph of the injury, for instance a scar, may also be crucial to proving the extent of the injuries sustained.

 

Finally, consider leaving a disposable camera in your vehicle’s glove compartment where it is readily available in the unlikely event that you or a loved one is injured in an accident.

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Rosenberg & Gluck, L.L.P. Attorneys at Law
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Phone: 631-451-7900

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