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How to Choose a Personal Injury Attorney

Whether you settle your case or take it to trial, your choice of representation will dictate how much compensation you receive. Choosing the first attorney who takes your case is simply not enough to achieve the results you deserve. You must take into consideration things like experience, fields of specialization, past results, and even the size of the firm.

The Right Experience

This is pretty self-explanatory but worth mentioning. Do not just choose an attorney with the most years of experience; choose one who has the most relevant experience. Choosing an attorney with 30 years of experience primarily in Corporate Law to represent your Personal Injury case clearly is not the best choice. Use the attorney’s or law firm’s website to research whether they have experience handling cases similar to yours. You can also use their website to reveal whether they have trial experience. While many cases settle, choosing a respected trial lawyer not only increases your chances of a favorable outcome if your case does end up going to court, but also encourages the opposing party to offer a fair settlement to avoid the courtroom altogether.

Playing the Fields

As mentioned above, years of experience is only helpful if it is relevant to your case. Some law firms will advertise they take cases in many fields which essentially means they specialize in none. Choosing a firm that specializes in a certain field means you are not getting the player but the entire team. Attorneys in a firm are invaluable resources to each other and collaboration between knowledgeable attorneys leads to better results and helps expedite the road to recovery. Specializing in a certain field enables attorneys to estimate your case value based on personal knowledge, pursue the best course of action to get your full recovery, and can avoid endless negotiations with uncooperative opposition. They will also have the groundwork laid out for you even before walking in the door since they will already have the resources and legal knowledge relevant to your case.

Don’t Settle

Results are usually listed on an attorney’s or law firm’s website. If they are not listed, this could be an indication that they have none worth listing. Results pages may demonstrate how many cases a firm has taken and the financial successes of those cases. Looking at listed results will also help you form an idea of how much you may be due, and help you realize the law firm that encourages you to settle for a fraction of what you think you deserve is probably not the right law firm for you. This is not to say settling is never a good idea, but choosing a law firm that does not prepare their cases for trial will settle for lower amounts in order to avoid the litigation process. Successful litigation firms receive both higher settlements as well as higher verdicts. While settling your case may be the smartest move, settling for a law firm never is.


New Video FAQ: How does the location of the courthouse where I bring my lawsuit affect the value of my case?

If you have been injured in an accident, you may wonder about the effect that the location of the courthouse where you file your claim may have on the value of your claim. Attorney and partner Michael Rose answers this question in the video FAQ above. For more information and for assistance with your injury case, contact Hach & Rose, LLP at (212) 779-0057 today.


NYC court holds city liable for neglecting to implement ‘traffic calming measures’

A statement issued by the New York City-based non-profit organization Transportation Alternatives said, “The New York high court just ruled that the city can be held liable for failing to study and implement traffic calming measures, which the jury determined were a major contributing factor to the crash. In a 2004 incident, the driver was traveling at 54 miles per hour on Gerritsen Avenue, which had a speed limit of 30 mph.”

Experts testified during the trial that it was known among traffic engineers that straight, wide roads that lack pedestrian-friendly features encourage speeding because drivers feel more comfortable on roadways with those characteristics. New York’s highest court said “the design characteristics of a roadway influence driver speed, and that people generally drive faster on wide, straight roadways, regardless of the posted speed limit.

If you were hurt in a personal injury accident case in New York, our attorneys at Hach & Rose, LLP can be counted on for legal help. Call our offices today at (212) 779-0057 to have your call answered promptly and receive an honest, straightforward assessment of your case.


New York appeals court rules in favor of elderly care transportation provider

The New York Supreme Court Appellate Division dismissed a personal injury lawsuit on Tuesday, December 6, against elderly care transportation provider Senior Care Emergency Medical Services and its associated entity, Senior Ride, ruling that the companies did not possess any reason to have knowledge that a driver employed with them would hurt a patient.

Reversing a lower court’s ruling, the appeals court nixed the lawsuit lodged by plaintiff Holly Shiebl, who claimed that a driver for Senior Care physically assaulted her in an elevator at New York Presbyterian Hospital, noting, “The affidavits of both managers from both companies and the personnel file established that, at most, the employee had been disciplined in the past for rudeness and verbal abuse toward clients, and the companies had no notice of any physically violent propensities.”

Senior Care made the argument that they did not actually employ the driver and that the driver was actually employed by Senior Ride; Senior Care also contended that they are a totally different company from Senior Ride.

Please call our New York City personal injury attorneys at Hach & Rose, LLP by dialing (212) 779-0057 or fill out our online contact form today to speak with a qualified member of our legal team. We handle cases in nursing home abuse as well as other areas of personal injury.


Waivers of liability mostly unenforceable in New York

The goal of waivers of liability is to make it impossible for accident injury victims to file a lawsuit if they incur an injury that resulted from the negligent actions of someone else. By signing a waiver of liability, it is possible to lose some of your legal rights by signing your name to the conditions included in the fine print.

However, under New York General Obligations Law 5-326, liability waivers are not enforceable if the person who signed the clause did so in conjunction with some sort of payment. These payments can include paying for a ticket, membership, or some other kind of fee, such as to participate in recreational activities at gymnasiums, amusement parks, swimming pools, or similar places. Also, liability waivers for minors are unenforceable in New York.

Our attorneys at Hach & Rose, LLP provide legal services in the state of New York, handle personal injury accident cases such as car accidents, slip and fall accidents, and wrongful death cases, among others. Call our offices today at (212) 779-0057 to discuss your situation today.


Amtrak to pay $265M to settle claims for train that derailed in Philadelphia

On Thursday, October 27, Amtrak promised to pay $265 million to settle claims relating to a derailment in Philadelphia of an Amtrak train. The train, which was headed for New York, caused the death of eight individuals and caused injury to more than 200 other people last year.

Victims will be given the chance to testify at hearings or submit their testimony to the court so the company can determine how to distribute the settlement. Among those injured in the deadly accident were chef Eli Kulp – who will no longer be able to use his hands for cooking – a United States Naval Academy midshipman, a college dean, and an Associated Press video software architect.

Benedict Morelli, Kulp’s legal counsel, communicated Kulp’s dilemma, saying, “His life has been immeasurably altered and will never be any different from the way it is now.” According to federal investigators, the engineer who was operating the train, Brandon Bostian, did not realize the speed of the train had accelerated to 106 miles per hour instead of slowing down to match the curve’s 50 mph speed limit. He was suspended without pay after the crash.

If you are hurt in a personal injury accident due to the negligence of another party in the state of New York, we at Hach & Rose, LLP can help you pursue financial compensation from the people responsible for your plight. Get in touch with our attorneys today by calling our offices at (212) 779-0057.


Court rules NYC transit agency misled plaintiff

According to an appeals court, the New York City Transit Authority misled plaintiff Lori Jo Konner in her personal injury lawsuit. Namely, they made her believe that serving a notice of claim on an affiliated yet different entity would not have detrimental effects on her case when it would. Konner was injured on January 1, 2012 when the doors of a subway train on the F line at the Coney Island station in Brooklyn allegedly closed on her hand, causing her to fracture a bone.

Konner’s legal counsel served a notice of claim on Joseph Lhota, the former Metropolitan Transportation Authority chairman, within the 90-day window after the alleged injury to serve a timely notice on the municipal agency. The NYCTA, which manages bus and subway train operations within the city, is connected with the MTA and is also known as the MTA New York City Transit.

On Wednesday, October 12, a panel of the Appellate Division, Second Department ruled the NYCTA and the MTA are separate entities, citing cases in which the plaintiff lost after filing a lawsuit against the wrong entity. It further found the NYCTA “wrongfully or negligently engaged in conduct that misled the plaintiff to justifiably believe that service of the notice of claim upon the MTA was of no consequence, and lulled her into sleeping on her rights to her detriment.”

If you are hurt due to a personal injury accident that was caused by the negligence or recklessness of another party in the state of New York, our attorneys at Hach & Rose, LLP can represent you. Schedule an initial appointment with a qualified member of our legal team by calling our offices today at (212) 779-0057.


Hach & Rose, LLP, files lawsuits against vaporizer manufacturers

E-cigarettes and vaporizers have become incredibly popular. They have been advertised as a healthier way to smoke tobacco or even quit smoking altogether.

However, many manufacturers use cheap parts, have poor designs, and other safety issues. Hach & Rose, LLP, has taken on a client who was hurt by such a safety issue, and has filed lawsuits against numerous vaporizer manufacturers.

Despite these problems, vape makers have increased production, creating a significant safety risk for the people who buy and use these smoking devices.

You can read more about our lawsuit here.


Al Sharpton’s daughter’s new personal injury settlement

The daughter of American civil rights activist Al Sharpton, 30-year-old Dominique Sharpton, settled a personal injury lawsuit in 2012 against Bronx-based trucking company Roslyn Leasing Inc. for an undisclosed amount.

Allegedly, the accident caused Sharpton to incur “debilitating headaches” as well as tears to ligaments and tendons in her leg. She asked for $13,000 in compensation to cover her medical bills and $8,000 on top of that for lost wages.

This incident could help the City of New York show her sprained right ankle from an October 2014 slip and fall on a cracked road on Broome Street was aggravated by the injuries she sustained in the 2012 accident. Roslyn Leasing initially tried to blame Sharpton for the accident before deciding to settle the case. In this recent case, if the City of New York can show Sharpton’s 2014 injuries were merely the result of her 2012 fall, the city may be off the hook on the $5 million claim.

At Hach & Rose, LLP, our personal injury accident lawyers have the legal knowledge and technical experience required to help clients pursue financial compensation from the people responsible for their plight. We can help you cover medical bills and lost wages following missed days of work. Call our New York offices today at (212) 779-0057 to discuss your situation.


New York legislation supports residents against water pollutants

Many residents in Hoosick Falls and Petersburgh, New York, drank the water there and gave it to their children to drink without having knowledge that it contained traces of the man-made chemical perfluorooctanoic acid (PFOA).

A resident, Michelle Baker, who had been giving her baby the water all the infant’s life because she had been drinking water from the tap when she was pregnant, said, “Never in a million years did we think our water was contaminated, or our water would cause cancer or thyroid disease or a host of other diseases.”

The chemical originated in the fighting foam and nonstick pans of Hoosick Falls’ French multinational manufacturing company Saint-Gobain S.A. and Petersburgh’s Taconic Plastics; the pollutants eventually made their way into the residents’ water. These two sites were classified as Superfund sites; it means the state has designated for the cleanup of the area to finish as quickly as possible.

In line with this, New York Governor Andrew Mark Cuomo on Thursday, July 21 has signed into law a bill that makes it possible for residents to file a claim against the pollutant company up to three years after the site was designated a Superfund destination. Previously, a suit can be filed only within three years from the occurrence of an injury caused by exposure to a contaminant.

To alleviate the financial pressure on you and your family brought about by expensive medical bills for physical injuries incurred during a personal injury accident in New York that was caused by the negligent actions of other people, contact the attorneys of Hach & Rose, LLP today by calling (212) 779-0057.


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