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ACCIDENTS
/ PERSONAL INJURY
The
law firm of Mc Carthy & Modelewski represents victims of automobile,
construction and other accidents, professional malpractice, and other
forms of negligence. We argue cases involving negligent highway
design, and the careless supervision of children. We also help
victims of intentional torts such as assault, defamation, and excessive
force. We enforce the civil rights and liberties of our clients
through vigorous prosecution of claims for damages. We have experience,
both as plaintiff's and defendant's counsel in wrongful death and
other serious personal injury cases.
AUTOMOBILE ACCIDENTS
The automobile accident case accounts for the single greatest
number of civil lawsuits in most jurisdictions in the United States.
New York is no exception, with automobile negligence cases accounting
for a majority of those matters awaiting trial. Negligence has
been defined as the absence of care under the circumstances
or the failure to do what a reasonably prudent person would have done
under the same circumstances.
The plaintiff, or injured party in a negligence lawsuit
must show, to establish what is called a prima facie case,
the existence of a duty on defendant's part as to plaintiff; a breach
of that duty and an injury to the plaintiff as a result of that breach.
Two crucial legal doctrines come into play in every negligence action:
"forseeablility" and "proximate cause".
Forseeablility is the risk of danger reasonably
to be perceived in the conduct of ones affairs. Negligence
requires both a foreseeable danger of injury to someone and conduct
that is unreasonable in relation to the danger. Generally, the
law does not hold a person responsible for the consequences of his
or her conduct unless the risk of the injury was reasonably foreseeable.
The exact occurrence or precise injury need not have been foreseeable;
but injury as a result of negligent conduct must have been not merely
possible, but probable.
In order for a plaintiff to be successful in being awarded
damages, the plaintiff must prove proximate cause or, that the injuries
and damages sustained were proximately, or directly caused by the
defendant's negligence. The first question for proximate cause
determinations is whether the negligence of the defendant did in fact
cause the injury. The law will hold someone accountable for negligence
only if that negligence was a direct or proximate cause (sometimes
it is called "legal cause") of the injury. The inquiry continues
as "intervening" or "superseding" causes may be found to prevent the
attachment of liability for damages.
A word about automobile insurance: There are four basic
parts to all automobile policies, including; liability coverage
for personal injury, liability coverage for property damage, personal
injury protection coverage (also known as no-fault and/or PIP coverage)
and uninsured/underinsured coverage. You should have your
insurance policy with you when you call, or meet with an attorney
about your matter.
CLAIMS
AGAINST MUNICIPALITIIES
As you might suspect, the government gets a little extra
protection as a defendant in a lawsuit. The claim against a
municipal corporation is generally governed by Section 50 of the General
Municipal Law. There are two significant considerations in this type
of action; prior notice rules, and Notice of Claim requirements.
The Notice of Claim is a legal document which must be
served on the government prior to starting a lawsuit against the government.
The Notice of Claim requirement applies to all tort claims
(torts can be intentional, as in an assault, or negligent as in an
auto accident) against a public corporation or officer, appointee
or employee thereof. It must be filed within ninety (90) days of the
claim arising, except that in wrongful death actions, the ninety days
runs from the appointment of a representative of the decedent's estate.
There are other special rules that apply to tort lawsuits
against municipal corporations, which a qualified attorney will be
able to explain to you.
CONSTRUCTION
SITES / WORKPLACE INJURIES
In 1885, the New York State Legislature enacted "An Act
for the protection of life and limb" (which is often referred to as
the "scaffolding law") and is codified in Labor Law Sections 240 and
241. The law provides protection primarily to construction workers,
who, according the U.S. Bureau of Labor Statistics, perform
some of the most dangerous jobs in our society.
At Mc Carthy & Modelewski, we have experience in both
prosecuting and defending claims under the Labor Law. Perhaps
more importantly though, we have a unique understanding, through Mr.
Modelewski's prior experience as a union construction worker, of the
dynamics of a construction accident, and the devastating effects it
can have on the life of victims, and their families.
We have recovered substantial sums for our clients in
Labor Law cases, and wish to put our experience to work for you.
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