About Our Practice
Since there are time limitations with each claim, it is important to obtain legal advice as soon as possible. If you've sustained an injury, you should promptly consult with an attorney and be advised of your rights.
Taub & Marder, Esqs., has attorneys specializing in personal injury claims. Elliot H. Taub, the firm's trial lawyer, has an excellent record of obtaining substantial verdicts and settlements while Kenneth Marder, along with our associates and staff, coordinate the processing of your case from inception to trial. Our staff is professional, courteous, and responsive to your needs. Information regarding specific types of personal injury follows:
Motor Vehicle accidents
As a victim of a motor vehicle accident, you have two basic rights:
- No-Fault Benefits - If you are injured by use or operation of a motor vehicle, you are entitled to certain benefits regardless of whom, if anyone, is at fault. In most cases, whether you are a pedestrian, passenger, or driver of a motor vehicle your medical bills and a certain portion of your lost wages will be paid by the insurance company for the vehicle which either struck you or in which you were an occupant. If you are injured in the scope of your employment, workers' compensation will usually apply instead of no-fault. However, there are certain requirements, including giving timely notice to the insurance company, completing and filing a timely no-fault application , and submitting to required physical examinations by physicians designated by the insurance company.
- Litigation - If you have sustained a serious injury as defined under New York's Insurance Law and another party is responsible (negligent, careless, and at fault) for the happening of the accident in whole or in part, you are entitled to pursue a personal injury lawsuit. In this lawsuit, you may, depending on the facts involved, recover a cash award or settlement for pain and suffering, wrongful death, emotional distress, permanent disability, medical and out of pocket expenses, future medical care, and loss of enjoyment of life.
Construction Accidents
Workers injured at a construction site often have special circumstances and rights in proving a case. Rather than having to prove fault or negligence of another, as is required in most other personal injury cases, a special New York State statute applies to many accidents occurring at construction sites. This statute, in certain situations imposes absolute liability against the owner of certain premises and contractors. In such cases only proof of a defective condition is required and not negligence. Such cases usually involve accidents with scaffolds, ladders, hoists, and unsafe workplaces.
Slip/Trip and Fall
You may be entitled to commence a lawsuit if you have been injured by tripping/slipping on a sidewalk, staircase, supermarket, or other surface provided a defective condition was the cause and the party responsible for the maintenance of the area had prior notice of the condition. Notice may be actual or constructive. In some cases such notice must have been received in writing at least a specified time before the happening of the incident. Property owners, tenants, managing companies, and maintenance companies are responsible for keeping their property in a reasonably safe condition. The failure to do so may give rise to a negligence action, provided notice may be proven, and the negligence was the cause of the incident.
Defective Products
Manufacturers, designers, and distributors are responsible for providing a product, which is reasonably safe. If you use a particular product in the manner in which it was intended and become injured, you may have the right to bring a products liability case. You should retain the product or a photograph of it as well as the name of its manufacturer, make and model and any serial number. You should also note the name, address of the store where purchased and approximate date of purchase.
Contingency Fees
All cases are accepted on a contingency fee basis. There is absolutely no fee charged to you unless we are successful in obtaining an award or settlement on your behalf. Court expenses are reimbursed to our office at the conclusion of the litigation.
Medical Malpractice
If you have been injured by medical personnel (hospital and/or physician) you may have the right to bring a lawsuit against such professional medical provider. In order to do so a physician familiar with the particular area of medicine involved must review all of the applicable records and history involved, and render an opinion that the care and treatment departed from accepted medical practice which was a cause of the injuries sustained.
Wrongful Death
Unfortunately, the carelessness of someone else may result in the untimely death of an innocent person. That responsible party can be held liable by the estate of the decedent for pecuniary loss (income which would have been earned and contributed to dependents) and other statutory losses.
Time Limitations
Since there are particular time limitations with many actions, it is important that you consult your attorney without delay. A no-fault application must be filed within a specified time. A Notice of Claim be filed against certain parties within a very short period after an incident (usually within 90 days). Wrongful death actions and medical malpractice cases have shorter statutes of limitations then many other cases.
Damages
Depending on the facts involved, you may be entitled to recover a cash award or settlement for pain and suffering, wrongful death, emotional distress, permanent disability, medical and out of pocket expenses, future medical care, and loss of enjoyment of life.
If you have been injured and sustained a personal injury, please take the time to report your case.