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Workplace accidents can be some of the most devastating types of accidents, and in more ways than one. In addition to being physically injured, emotional damages can come into play if wages are no longer being paid. Our experienced Work Accident Lawyers take pride in helping Long Islanders seek restitution for their injuries and assist them in gaining the optimal outcome for their particular workplace injury.
If you live and commute on Long Island, you’ve noticed the increase in motor vehicle traffic over the past several years. With each driving-aged family member often needing their own vehicles, there are now more cars on the road than ever. These facts combined with the threats of Distracted Driving due to mobile devices and other technologies have proven to make car accidents an unfortunate yet common occurrence on Long Island roadways. If you or a loved one has been injured in an accident, you'll need an experienced Car Accident Lawyer to represent you.
Slip & Fall Accidents
A dangerous Slip and Fall accident can occur at any place and at any time. Dangerous situations such as Wet Floors, Poorly Maintained property & Malfunctioning Equipment can all contribute to dangerous slip and fall accidents. When it comes to the negligence of others, you are entitled to fair compensation for your injuries. Our experienced team of Long Island Slip and Fall lawyers will combine their many years of expert knowledge with outstanding legal assistance in order to ensure the best possible outcome for you.
Medical malpractice can occur when a doctor, team of doctors or medical facility fails to perform duties for the patient in a competent manner and in accordance to their professional protocols. When proper medical care is not given to a patient and that patient, as a result, suffers, then there may be a potential Medical Malpractice suit involved.
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Richard D. Winkler has been a Personal Injury Lawyer for his entire career spanning more than 30 years. Rich understands that his clients have a choice when they hire a personal injury lawyer on Long Island - so it’s his goal that everyone who walks into his office becomes a “client for life.”
Jason W. Hake is a Personal Injury Lawyer who believes that every client is valuable and deserves responsive, compassionate and diligent representation.
David S. Pollack was admitted to the Bar in 1981 and has been trying personal injury and medical malpractice cases exclusively for plaintiffs during his entire career.
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long island personal injury law - snow & Weather related accidents
January 2018 began with Governor Andrew M. Cuomo declaring a state of emergency due to a massive snowstorm. The first blizzard of the season (also referred to by many as the “bomb cyclone”) shut down major airports, cancelling flights and leaving thousands of travelers stranded in the process. Cars slid off the roadways while stranded motorists elsewhere waited for emergency help.According to statistics recorded by the Federal Highway Administration:Over 70 percent of the nation’s roads are in areas that typically see more than five inches of snow per year70 percent of the population in the nation lives in these snowy regionsAlmost 15 percent of weather-related accidents are those which occur under snowy, winter-weather conditionsOver 116,800 people are injured in vehicle crashes that occur on winter roadways with more than 1,300 fatally injured While roadway accidents account for many of the injuries, other injuries are also common due to the impact of snowy, icy weather. Improper clearing of sidewalks by homeowners, slippery, wet flooring inside establishments or icy conditions on sidewalks in front of store-fronts are just some of the ways injuries occur. Store-owners who have not done their due diligence in properly plowing and salting parking lots contribute to winter-weather accidents, as well.Whether it’s a slip-and-fall, workplace accident or motor vehicle accident, weather related injuries increase every winter. According to the Bureau of Labor Statistics, there were 4,470 workers who were injured in 2014 due to falls on the same level where ice, sleet, or snow contributed to the incident. Workers responsible for clearing snow and ice also experience over-extension, slip-and-falls, and back injuries.Contributing Factors for Winter-Weather InjuriesWith the onset of holiday activities, many drivers let maintenance of their vehicles fall by the wayside. They forget to examine the treads on their tires. Tires without proper traction can cause the vehicle to skid, rear-ending another vehicle.During winter weather, visibility severely decreases due to blizzard conditions; worn, old windshield wipers contribute to decreased visibility.According to the Federal Highway Administration, average speeds decrease 30 to 40 percent on snowy or slushy pavement. Some motorists continue to drive as though under normal conditions and don’t decrease their speed, causing accidents. The National Center for Injury Prevention and Control gathers statistics on injuries. Slip-and-falls are the main contributing factor for non-fatal injuries. With the onset of wet, slippery conditions and snow fall under way, shoppers tend to rush in a mad frenzy as they enter supermarkets and hardware stores for supplies, adding to the increase of slip-and-fall accidents. It is the responsibility of store owners to make certain these walkways and store-fronts are snow and ice free.Homeowners who do not have a plan of action in place for snow removal run the risk of someone having a slip and fall.Drivers, homeowners, and shop owners – whether they are chain store owners or mom-and-pop stores - must take necessary precautions in order to safeguard their establishments and the safety and well-being of others. If they do not, they run the risk of being liable for the accident or injury of another.If you’ve experienced an accident due to winter weather and are unsure whether negligence was involved, contact the highly skilled Long Island Injury Lawyers at Winkler Kurtz, LLP to set up a free, no obligation consultation.
long island personal injury law - how to determine if you have a case
When you are involved in an accident caused by another party’s negligence or harmful actions, you will want to seek any damages you may be entitled to. You will need assistance pulling apart the two main points of concern; liability and extent of damages. When you have experienced an injury due to the harmful actions of another, your case can fall under the category of intentional tort (intentional, wrongful act) or negligent tort (lack of appropriate care due to negligence).Regardless of the foundation of whether or not it was intentional or negligent, a personal injury case is an overwhelming undertaking for you. Here are a few issues you will need to know when it comes to personal injury:Intentional TortDetermining the difference between intentional tort and negligent tort relies upon the state of mind of the person causing the personal injury. Here are a few examples of intentional tort: AssaultBatteryDefamationFraudIn the case of a negligent tort, the party causes personal injury to another but does so through lack of reasonable care or safety.There are several forms of personal injury cases; here are a few examples:Auto accidentSlip-and-fallMotorcycle accidentJob site accidentsNegligenceMedical malpracticeImproper disposal of hazardous wasteFaulty equipmentWorkplace injuriesTo determine whether or not you have a case, your claim must be under the guidelines of your particular state’s personal injury statute of limitations. Check with an experienced attorney to find out your rights.For an intentional tort case, it is necessary to obtain evidence toward the end that the person causing the damages did so knowingly and with intent.The following elements are necessary to explore in determining negligence:1. Duty of care – a legal duty for the safety of others2. Breach – that legal duty was not carried out3. Defendant caused loss to plaintiff – injuries are suffered4. Damages are suffered due to negligence – financial awards to the injured partyA personal injury case will require medical documentation. Some personal injury cases include mental health injuries, illness or disease, which need documentation from a professional, as well.After the injury, there are several important factors to remember:Seek medical treatmentKeep organized documentationSeek the expert legal advice and counsel of an experienced Personal Injury law firmThe expert team of Long Island Injury Lawyers at Winkler Kurtz, LLP have years of experience in Personal Injury claims. We can help you with the filing of your claim, through the discovery process (where medical documentation, records, and evidence are produced) and all the way up through settlement.In order to prove liability and recover the extent of damages you deserve for your injury, contact our highly skilled attorneys for a free consultation to see how we can help you both now and in your future.