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04 Feb, 2024
Personal Injury Cases: Do You Need To Go?
31 Dec, 2023
Pedestrian accidents can be catastrophic, often leading to serious injuries and even fatalities. While drivers are often held liable for accidents involving pedestrians, it is possible for a pedestrian to be found at fault in a car-pedestrian accident. However, determining fault in these cases can be complex. In this blog post, we will explore the different factors that are taken into consideration when determining pedestrian accident liability. We will also discuss how an experienced pedestrian accident attorney can help you with your case. Negligence In most pedestrian accidents, a driver is found to be negligent, meaning they failed to exercise reasonable care while driving. However, pedestrians can also be found negligent if they fail to exercise reasonable care for their own safety. Examples of pedestrian negligence include jaywalking, crossing outside of a crosswalk, and walking under the influence of drugs or alcohol. Right of Way Each state has different laws regarding the right of way between pedestrians and vehicles. In some states, pedestrians always have the right of way, while in others, vehicles have the right of way in certain circumstances. When determining fault in a car-pedestrian accident, the right of way laws in the state where the accident occurred will be examined. Contributory Negligence Contributory negligence is a legal concept that refers to situations in which both parties involved in an accident were partially responsible for the incident. In states with contributory negligence laws, if a pedestrian contributed to the accident in any way, they may be barred from recovering any compensation. Damages In pedestrian accident cases, damages refer to the financial compensation the injured party may be entitled to. If a pedestrian is found to be partially or fully responsible for an accident, their damages may be reduced or eliminated altogether. How can an attorney help me in a pedestrian accident? In the aftermath of a pedestrian accident, it’s important to seek the help of an experienced attorney who can navigate the complexities of the legal system. A skilled pedestrian accident attorney can review the circumstances of the accident, gather evidence, and negotiate with insurance companies to ensure that you receive the compensation you deserve. They can also help you file a lawsuit if necessary. Pedestrian accidents can be incredibly devastating, both physically and emotionally. While drivers are often held responsible for these accidents, it is possible for a pedestrian to be found at fault. Factors such as negligence, right of way, contributory negligence, and damages must be taken into consideration when determining liability. That’s why it’s important to seek the help of an experienced pedestrian accident attorney who can assist you in navigating the legal system and securing the compensation you deserve. If you or a loved one has been injured in a pedestrian accident, do not hesitate to contact the Ahearne Law Firm for a consultation. Our team of skilled attorneys is here to help.
03 Dec, 2023
Construction sites are some of the most hazardous workplaces in the US, with an alarming number of workers injured or killed every year. While employers have the responsibility to provide a safe work environment, many construction companies neglect this duty, exposing their workers to dangerous conditions. If you or a loved one has suffered a construction accident in Hudson Valley, NY, you may be eligible for compensation and other benefits under the state's laws. However, to maximize your chances of success, you'll need to work with a qualified attorney who knows the ins and outs of the legal system and has the necessary knowledge in construction accident lawsuits. In this blog post, we'll explore what a construction accident lawsuit is, its benefits, and how Ahearne Law Firm can help you seek justice. What is a construction accident lawsuit? A construction accident lawsuit is a legal claim filed against a person or entity responsible for a worker's injury or death on a construction site. Any negligence, wrongdoing, or failure to comply with safety standards that resulted in an accident can be grounds for this type of lawsuit. Typically, the injured worker or their family initiates the lawsuit and seeks damages for medical expenses, lost wages, pain, and suffering, and other losses related to the accident. A construction accident lawsuit can involve multiple parties, such as the employer, contractors, sub-contractors, equipment suppliers, architects, and engineers, depending on the circumstances of the accident. What are the benefits of filing a construction accident lawsuit? Filing a construction accident lawsuit can have several benefits for the injured worker or their loved ones. First, it can provide financial compensation to cover the costs associated with the accident, such as medical bills, lost income, and rehabilitation. Second, it can hold the parties responsible for the accident accountable for their negligence, promoting safer work practices and preventing similar accidents from happening in the future. Third, it can provide closure and peace of mind to the injured worker and their family, knowing that justice has been served. Lastly, a construction accident lawsuit can help raise awareness about the risks and responsibilities of construction site safety, contributing to a safer workplace for everyone. Holding the right people accountable Filing a construction accident lawsuit is not only about seeking compensation; it's also about holding the right people accountable for their actions. When an accident happens on a construction site, it's usually not the worker's fault but rather a result of safety violations, insufficient training, faulty equipment, or other factors within the control of employers and contractors. By filing a lawsuit, the injured worker can shine a light on these issues and demand that the responsible parties take corrective actions to prevent future accidents. Additionally, a lawsuit can show other construction companies that ignoring safety regulations and putting workers' lives at risk will not go unpunished. Ahearne Law Firm can assist with construction accident lawsuits If you've been a victim of a construction site accident in the Hudson Valley area, you don't have to face the legal process on your own. Ahearne Law Firm has a team of experienced attorneys who specialize in construction accident lawsuits and can guide you through the complicated steps of the process. We understand the challenges that come with recovering from a serious injury or coping with the loss of a loved one, and we are committed to fighting for your rights and interests. Our attorneys will investigate the accident, gather evidence, interview witnesses, negotiate with insurance companies and defendants, and represent you in court if needed. Construction accidents are all too common in the Hudson Valley area, and they can have devastating consequences for workers and their families. However, by filing a construction accident lawsuit, you can get the compensation and justice you deserve while holding those responsible accountable for their negligence. The Ahearne Law Firm is here to assist you every step of the way, from investigating the accident to representing you in court. Our goal is to help you achieve the best possible outcome and move forward with your life. Don't hesitate to reach out to us today and schedule a consultation.
09 Nov, 2023
Slip-and-fall cases are common in New York, and they can have serious consequences. If you’ve recently suffered an injury from a slip-and-fall accident, you’ll know just how difficult it can be to prove fault. However, there are ways to prove liability in slip-and-fall accidents, and this blog post will provide you with the information you need to understand how to do so.  Prove duty of care Before proving liability, you need to show that there was a duty of care from the property owner or occupier towards you. Property owners in New York have a legal obligation to ensure that their property is safe for visitors. This means that they must regularly inspect their property, make necessary repairs, and place warning signs where required. If the property owner has failed to carry out these obligations, then you can show that duty of care was breached, leading to your injury. Prove negligence To establish liability in slip-and-fall cases, you must prove negligence. You need to show that the owner of the property was aware of the slipping hazard or should have known that the hazard existed. They had ample opportunity to rectify the situation but failed to take any action. If the owner had taken measures to address the hazard, like fixing the wet floor promptly, then you might not have sustained the injury. Demonstrating the negligence of the owner is necessary to show liability. Provide evidence In personal injury cases, evidence is crucial to prove the extent of injuries sustained, the cause of the accident and who was at fault. Take photographs of the scene of the accident and all injuries you sustained. Also, get the contact details of any witnesses present at the time of the accident. You should also keep any medical records, including diagnostic reports of treatments received at the hospital or doctors’ offices. Furthermore, you could organize an expert witness who would demonstrate that the hazard was severe enough to cause the injuries. Hire an experienced attorney Hiring an attorney who specializes in personal injury is essential. Slip and fall cases can be challenging because of how difficult it is to prove liability, and a legal professional can help you recover the maximum possible compensation for your injuries. Your attorney can help you gather evidence, establish liability, and file a lawsuit on your behalf. They can work with you to ensure that you receive the medical treatment required for your recovery of damages. A skilled attorney can represent you and protect your right to compensation. Slip-and-fall accidents can happen to anyone, and knowing how to prove liability is crucial. By proving duty of care, negligence, and providing evidence, you can build a strong case for liability. Hiring an experienced attorney can make a difference in getting the compensation you deserve for your injuries. If you’ve sustained injuries from a slip-and-fall accident, be sure to get in touch with a personal injury attorney today.
03 Nov, 2023
Losing a loved one can be one of the most painful experiences in life, but it can be particularly devastating when the death has been caused by the negligence or wrongdoing of another person or entity. In such cases, surviving family members may be able to file a wrongful death lawsuit and recover compensation for their loss. However, understanding the legal process can be overwhelming and dealing with insurance companies and legal challenges alone can be daunting. That is why it is important to have an experienced and compassionate wrongful death attorney by your side. At Ahearne Law Firm, we help people in the Hudson Valley area navigate the complexities of wrongful death law and seek justice and closure for their loved ones. In this blog post, we will explore the role of a wrongful death attorney and the ways in which we can assist you in your time of need. 1. Investigating the case Our first step in any wrongful death case is to investigate the circumstances surrounding the death. This involves gathering evidence, interviewing witnesses, reviewing medical records, and consulting with experts in various fields. By piecing together the facts of the case, we can determine who is at fault and build a strong case for our clients. 2. Determining liability Once we have collected sufficient evidence, we can identify who is liable for the death. Liability may rest with individuals (such as the driver in a car accident), companies (such as the manufacturer of a defective product), or even government entities (such as a municipality responsible for a dangerous road). By determining liability, we can hold those responsible accountable for their actions and seek compensation on your behalf. 3. Handling negotiations It is common for insurance companies to offer lowball settlements to wrongful death claimants in the hopes of avoiding costly litigation. At Ahearne Law Firm, we will always fight for the full and fair compensation you deserve. We will handle all communications with insurance companies and other parties, sparing you the stress of dealing with them on your own. 4. Pursuing legal action In cases where negotiations fail to produce a satisfactory result, we are prepared to take your case to court. We will present your case with professionalism and vigor, seeking the best possible outcome for you and your family. 5. Providing emotional support Dealing with the loss of a loved one is emotionally taxing, and the legal proceedings that follow can be overwhelming. At Ahearne Law Firm, we understand that our clients are going through a difficult time, and we strive to provide them with the compassionate support they need. We are always available to answer questions, listen to concerns, and offer guidance and comfort. A wrongful death attorney can play a crucial role in helping grieving families to navigate the legal system and seek justice and compensation. At Ahearne Law Firm, we are committed to providing our clients in the Hudson Valley with skilled and compassionate representation. If you have lost a loved one due to the negligence or wrongful actions of others, please contact us to schedule a consultation. We will work tirelessly to seek that your rights are protected and that you receive the compensation and closure you deserve.
By Allan Ahearne 15 Sep, 2023
In a bustling city like New York, walking is a part of the daily routine for many residents. Whether you're commuting to work, running errands, or simply taking a stroll, walking comes with its own dangers, especially when crossing the street. Pedestrian accidents are not uncommon in New York, and can lead to serious injuries, expensive medical bills, and lost income. If you or a loved one have been injured in a pedestrian accident, it’s important to understand your legal rights and the compensation you are entitled to. In this post, we’ll discuss the basics of pedestrian accident claims in New York, and explain why it’s crucial to have a personal injury lawyer on your side. 1. Understanding New York Pedestrian Laws: In New York, pedestrians have the right of way at crosswalks and intersections, but they are also required to follow traffic signals and signs. Drivers must yield to pedestrians, but may also face liability if they fail to do so and cause an accident. Understanding these laws is crucial to establishing liability in pedestrian accident cases. 2. Proving Negligence: To successfully file a pedestrian accident claim in New York, you must prove that the other party was negligent and responsible for your injuries. This may involve gathering witness testimonies, police reports, surveillance footage, and medical records. A personal injury lawyer can help you gather and present evidence to strengthen your case. 3. Compensation: If you were injured in a pedestrian accident, you may be entitled to various types of compensation, including medical expenses, lost income, and pain and suffering. A personal injury lawyer can help you calculate the full extent of your damages and negotiate with insurance adjusters to ensure that you receive fair compensation. 4. Importance of Having a Personal Injury Lawyer: Dealing with an injury and the aftermath of a pedestrian accident can be overwhelming, especially if you are also dealing with medical bills, lost wages, and emotional distress. Hiring a personal injury lawyer can help alleviate some of the stress and provide you with the legal support you need to navigate the claims process. A lawyer can also help you understand your legal rights, gather evidence, establish liability, negotiate with insurance companies, and represent you in court if necessary. 5. Statute of Limitations: Keep in mind that there is a time limit for filing a pedestrian accident claim in New York. Known as the statute of limitations, you have three years from the date of the accident to file a claim. Waiting too long to file a claim may result in a complete loss of the legal right to recover compensation for your injuries. Pedestrian accidents are common in New York and can have serious consequences on your health and financial wellbeing. Seeking the legal assistance of a personal injury lawyer can help ease some of the burdens associated with the claims process and maximize your chances of receiving fair compensation. Remember to act quickly and not to delay filing your pedestrian accident claim, as the statute of limitations may run out. At the end of the day, your health and safety is of utmost importance, and seeking the guidance of a personal injury lawyer can give you the peace of mind you need to move forward.
By Allan Ahearne 31 Aug, 2023
Sustaining any kind of personal injury can be really devastating. Apart from the physical pain and emotional trauma that comes with it, there's also the financial burden of medical treatment and missed work days that can impact your financial situation. One of the questions commonly asked by personal injury victims is how they can get compensation for their damages. While it may seem like a straightforward matter, it can be quite complex. In this blog post, we aim to explore the different aspects of personal injury compensation and who is responsible for paying it. Insurance Companies In New York, insurance coverage is mandatory for all drivers, homeowners, and businesses that operate vehicles or properties. This insurance is meant to cover personal injuries or property damage that may result from accidents or incidents involving the policyholder. After a personal injury, the victim can file a claim with the policyholder's insurance company, who will be responsible for paying out damages up to the limits of the policy. However, insurance companies are known to try to minimize the amount they pay out, so it's important to get legal assistance in these cases. Employers Personal injury can also happen in the workplace, and employers have a responsibility to provide safe working conditions to their employees. If an employee suffers an on-the-job injury, they may be eligible for workers' compensation benefits. Workers' compensation is a kind of insurance that covers medical treatment, lost wages, and other damages that result from workplace accidents or illnesses. Employers are required to carry workers' compensation insurance, which means that they are the ones responsible for paying out the benefits to eligible employees. Property Owners Property owners, including landlords, have a duty to maintain their properties in a safe condition and to warn their tenants or visitors of any known hazards. If a person suffers a personal injury due to a hazardous condition on someone else's property, the property owner may be held liable for damages. In these cases, the property owner's insurance may cover the damages, but if there is no insurance or the insurance doesn't cover the damages, the owner may have to pay out of pocket. Government Entities In some cases, personal injury can result from the negligence or wrongful actions of a government entity, such as a local city or state agency. For example, a person may suffer injuries due to a poorly maintained public road or sidewalk. In these cases, the victim may be able to file a claim against the government entity responsible for maintaining the property. However, government entities are often given immunity from lawsuits, so it's important to get legal advice from an experienced personal injury lawyer. Personal injuries can come with severe consequences, particularly its financial impact. Getting compensation for damages involved is one of the ways victims can feel a sense of normalcy again. Although the compensation process can be complex and confusing, knowing who is responsible for payment can ease the burden. In most cases, insurance companies, employers, property owners, and government entities may be responsible for compensating the victim. Professional legal assistance is significant in navigating your personal injury compensation claim. Ensure to get legal advice from an experienced personal injury lawyer.
18 Aug, 2023
Protecting Your Rights: Understanding the Statute of Limitations for Car Accident Claims in New York
03 Jul, 2023
How Is Compensation Calculated in a Personal Injury Case in New York?
24 Apr, 2023
Understanding Liability in a New York Truck Accident
24 Mar, 2023
A Comprehensive Guide to Motorcycle Accidents in New York
24 Feb, 2023
Understanding Personal Injury and Liability in New York Car Accidents
24 Jan, 2023
Understanding Slip & Fall Claims
29 Nov, 2022
How Can A DUI Attorney Help Me
07 Oct, 2022
Understanding Premises Liability Claims in New York
By Allan Ahearne 25 Aug, 2022
If you suffer an injury that was not your fault, you may be able to claim a personal injury settlement. However, there will be additional costs that you will need to bear in mind as you calculate exactly how much of the settlement you will receive. The Main Costs of a Personal Injury Case The expenses involved in a personal injury case can be broken down into three categories: Lawyer fees Court costs Medical expenses Once these three expenses have been paid, you will pocket the remainder of the personal injury settlement amount. New York Personal Injury Lawyer Fees You will need to pay your New York personal injury lawyer for their services, and this will generally be taken out of the final amount of your settlement. In many cases, these lawyers will work on a contingency basis, which essentially means there is only a fee to pay if the case is won. This will be a percentage amount of the final settlement in most cases, and the legal professional will outline this in their agreement before the case begins. This is why it is important to read through the attorney's contract thoroughly before signing up for their services. Different attorneys will operate different fee and cost structures. New York Court Costs In the state of New York, you will typically have to pay court costs over the course of your personal injury settlement proceedings. All of these costs will need to be factored into the settlement amount, as the amount you receive will need to cover these costs. Some of the court costs you may need to cover include: The cost of expert witness testimonies A standard witness may be anyone who was present at the incident or who can provide a character reference for you or another party involved in the case. These witnesses are required to testify if requested and will not be paid. Expert witnesses are different — an expert witness may be a doctor or an expert in another relevant field. They will provide the value of their own knowledge and understanding to the case, but this will generally come at a cost. The cost of filing documents You will need to file documents to begin the court proceedings, and you will need to repeat the filing process if you add further documents for consideration. A cost will be incurred for each document filed. Paying court reporters at depositions In New York, court reporters are required to create a record of the trial proceedings. When a deposition is made, the court reporter will need to create an accurate transcript of this to be added to the court record. Court reporters need to be paid for their work, and this is factored into the court costs. Costs associated with handling medical documents Medical documents are almost always required during a personal injury case. Copying and delivering these documents will usually incur a charge. Covering travel expenses and other costs There may be a number of travel expenses or other costs incurred during personal injury court proceedings. These may need to be covered by the funds awarded from the final settlement. Medical Costs In order to be successful in your personal injury claim, you will have to undergo some sort of medical treatment or assessment. These services will carry a cost that must be covered. Some medical services may have already been paid for before you begin the court proceedings or before you receive your settlement. Of course, these will not need to be paid for a second time, so will not be included in the balance. Any outstanding costs, charges and fees may need to be covered by the settlement you receive following the court proceedings. These costs may include the following: Fees incurred during a stay in the hospital Bills incurred following treatment by a doctor or other medical professional Emergency treatment and transport to medical facilities — often delivered by emergency medical teams and ambulance crews The cost of any medication provided to you The cost of any medical equipment or products provided to you Any other costs associated with your care that have not already been covered Some Variations on the Cost Breakdown Not all New York personal injury settlements are handled the same way, and this may be reflected in the final costs. For example: Some attorneys may charge a flat rate, although it is more likely that they will take a percentage of the final settlement. Many attorneys will charge a percentage of around 33%, but some may charge a higher percentage. Medical insurance companies may use the personal injury settlement to claim some of their own costs back. Expenses can be further broken down into costs and fees. Fees are generally considered to be predictable expenses, such as court fees, while costs may be additional expenses. You will need to bear both of these in mind when you calculate how much of the personal injury settlement you will be able to keep. Seeking the Right Personal Injury Settlement With many different expenses to consider, it's critical to make sure that you seek the right amount from your personal injury settlement. The settlement is intended to ensure that you are not left out of pocket for any expenses incurred as a result of your injury and that you are properly compensated for any pain, inconvenience, loss of opportunity, or other negative effects. If your settlement only barely covers your costs and fees, the system has not worked. You have not received the benefit you are entitled to after significant personal hardship. With this in mind, you will need to work with your attorney to make sure that your settlement is enough to cover all expenses and provide you with adequate recompense once all deductions have been made. When you work with your attorney, you will need to bear these in mind: The pain, discomfort and distress caused by your injuries Any missed working days or financial losses as a direct result of the injury Your own level of blame or any other mitigating factor that the defendant may cite The cost of the insurance policy, as well as any increase in premiums following a claim Other forms of compensation, including workers' compensation awarded by New York authorities Work with an Experienced Legal Team on Your Personal Injury Case You will need reliable legal counsel and guidance for your personal injury case. Reach out today to discover more about what an experienced legal team can do for you.
By Allan Ahearne 31 Jan, 2022
New York is a highly visited state with destination places like the scenic lakes and mountain sides of Upstate, the beachfront homes and vineyards of Long Island, and of course, New York City.
By Allan Ahearne 29 Dec, 2021
For about 50 years, delivery company UPS has been rerouting its drivers to avoid making left-hand turns. Not only has this proven to increase fuel efficiency and decrease the number of miles driven per year, but the company also experiences fewer collisions annually as a result.
By Allan Ahearne 06 Sep, 2021
Cell phones have provided an infinite amount of valuable features, and they have allowed our society to progress in so many ways. However, while they have given us many benefits, they have also had severe consequences.
By Allan Ahearne 24 Feb, 2021
Car accidents don’t always produce injuries, but when they do, the results can be devastating. Even some seemingly minor injuries can present major issues if left untreated.
By Allan Ahearne 13 Nov, 2020
Driving in New York State poses unique challenges that people in the rest of the country rarely encounter. Many New Yorkers must make their way through the bustling streets and hazardous highways on a daily basis.
By Allan Ahearne 08 Sep, 2016
Though certain men have pursued a course of testosterone replacement therapy to combat the perceived effects of low testosterone levels (“Low T”), high testosterone is not generally a clinical condition that doctors test for or diagnose.
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