Here at Rosenbaum & Taylor, our Personal Injury Defense Lawyer In Westchester County NY has represented clients dealing with personal injury and wrongful death cases, and we have a reputation for handling these cases, from simple to the more complex ones that need a lot of skills and preparation.
There are thousands of cases we have been able to resolve successfully, ranging from ones involving chemicals, silica, asbestos, fuel, poisonous gases, and also automobile and trucking liability, products liability, premises liability, construction defects, intentional tort liability, and many others.
Claims that have to do with personal injury and wrongful death can involve financial loss. From the start of the case, the attorneys will be working hard to make sure that justice is served. If the parties cannot settle, then we are ready to deal with the next step of the process, which is facing the jury.
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Some of the cases our attorneys have handled include:
Personal Injury Claims from Motor Vehicle Accidents
Since we started, we have been able to represent and continue to represent many automobile carriers. We also have experience representing self-insured operating large fleets of motor vehicles. We have a good understanding of first-party automobile claims that include UMI, SUM, and No-Fault. We have represented municipalities in cases that involve their vehicles. We also have experience dealing with cases coming from coverage disputes in both commercial and personal policies, and this includes late notice and lack of cooperation. We have a good understanding of the complex nuance of AIP claims, which includes rule 14 violations.
Coverage Disputes from Car Accidents
Some issues can come up, and this includes a lack of cooperation, late notice, and other problems. You might be entitled to indemnification or coinsurance from the co-defendant’s insurance cover. We are going to help you know how and when to disclaim. We can help in defending and instituting declaratory judgment actions if necessary, which means it will be protecting your interest. We know a lot about exclusion and coverage issues that can come up under commercial and personal policies of automobile insurance.
Construction and Industrial Accidents
We have been defending a major utility for over two decades, and also many large commercial carriers. We have helped our clients with cases involving construction premises on alleged violations of labor laws sections 200, 240, and 241. We are experienced dealing with coverage issues unique to the field of labor law, and this includes dispute coming up from blanket additional insured clauses, application of the anti-subrogation rule, and the requirement for indemnification where there is a breach of an agreement to procure an OCP policy.
Product Liability Law
We have experience dealing with lawsuits alleging defective design or manufacture of products, ranging from boilers, ladders, automobiles, conveyor belts, and consumer products such s space heaters, handheld tools, and cosmetics. We know that there are different legal issues that resellers, manufactures, and distributors have to face. Our experience in litigation in this field makes us one of the best options.
There is a wide variety of personal injury claims provided by the homeowner’s policy. We have handled cases that involved dog bites, slip-and-fall accidents, and violation of Labor Laws. We have a good understanding of the latest developments in coverage, and this includes claims for “negligent assault” or ”unintentional injury”.
Commercial Premises Liability
Whether a property is used for residential or commercial purposes, landlords are seeing an increase in a wide range of claims, like slip-and-fall accidents to failure to provide enough security. Depending on where the accidents have occurred, different statutes are going to define the duty of care expected from the landlord.
We have represented many municipalities, small businesses, and supermarkets, which has given us a lot of experience in defending the different forms of premises liability claims.
Toxic Tort and Environmental Claims
Rosenbaum & Taylor has clients ranging from municipalities and other political subdivisions to corporations in personal injury toxic tort claims. We have experience in state court because we have been involved in cases that were either filed by the New York State Department of Environmental Conversation or private parties that are seeking justice because of alleged environmental contamination or wrongful discharge according to common law theories and New York State Navigation Laws.
After an accident occurs, there are many issues related to coverage that might come up. The insured might be entitled to indemnification by a co-defendant or from the co-defendant’s insurance carrier. If it’s a commercial vehicle policy, the coverage on the unloading and loading clause might not be there, and it is going to depend on the facts of the case. We know how important the interpretation of insurance policies is in such cases, which is why we have an experienced team ready to deal with that.
When performing procedures, healthcare professionals always have it in the back of their mind that things will not always go as planned. When this happens, the victim and family might be quick to find someone to blame. To succeed with a medical malpractice lawsuit, the plaintiff is going to have to show the jury that the injury sustained was because of the medical treatment they got, and the treatment failed to meet the minimum standard of care expected from a medical professional.
When defending such cases, we are going to hold the plaintiff to their burden of proof and also seeking to have a frivolous suit dismissed in the shortest time possible. We have achieved some great results in cases dealing with medical malpractice.
Hospital Liability Administrative Law
We have defended medical professionals and hospitals in administrative hearings before government agencies. Some of the agencies we have defended before including the New York State Department of Health. We also advise our clients on potential patient issues that threaten the financial stability of institutions, including patient refusal of treatment hearing, mental hygiene law hearings, and right-to-die issues.
We have also represented clients in discrimination and civil rights claims, termination of privileges proceedings, and criminal defense matters. We also provide our services to hospitals when creating policies and drafting documents to make sure that the institutions are complying with the healthcare standards as per the state and federal laws.
Our attorneys can help in drafting and reviewing medical staff bylaws defining standards and licensing procedures.
The Complexities of Personal Injury Defense
When a plaintiff files a personal injury lawsuit, they are required to prove that the defendant failed to meet their duty of care and lead to the injury. Some people just assume that just because an accident is someone else’s property, then it is the fault of the property owner.
This is not the case. There are certain situations that a duty of care is applicable. Even if there is a duty of care, the defendant might not be held responsible for the accident caused by the plaintiff.
Person injury lawsuits will tend to involve complex scientific, medical, and technical concepts. This is why it is a good idea to hire an attorney who is going to directly deal with expert witnesses of the plaintiff so that the jury can have a good understanding of how things unfolded. The cases can include overstated or invalid claims over-stating damages, and inflating the cost of treatment.
Defending Against a Personal Injury Lawsuit
It can be hard defending personal injury lawsuits because they are usually valid, especially when the plaintiff through their legal counsel can establish the case supported by documents identifying the parties negligent with respect to a reasonable duty of care. This can be an easy thing to do after a vehicle accident where the police did an investigation and listed all the parties involved.
Lawsuits usually have extensive negotiation concerning the injuries sustained to determine the damages to be recovered. Each party is going to be involved in the negotiations where the legal positions of the parties on the level of negligence and degree of responsibility. If the case is a slip-and-fall accident, then the process is going to be a little different.
Vehicle accidents tend to involve many parties that contributed to the accident in one way or another, and others trying to recover damages. This can easily make things very complicated because the insurance company will be looking to deflect responsibilities to the other parties and lessen their level of fault.
This is why it is very important to hire a personal injury lawyer who has handled similar cases in the past. You increase your chances of success when you work with a personal injury lawyer.
The assertion of the Plaintiff are Overstated or Invalid
If a plaintiff fails to prove the claims they make, it can be removed from the record. Some people file their claims and overstating pain-and-suffering claims and also overcalculating lost future wages. If a medical expert has done an examination or diagnosis, their report can be challenged by seeking a second opinion from an impartial medical professional. While this might not cause the case to get dismissed, some items might be removed from the claims, especially those regarding the degree of injury. This can end up lowering the financial damages given.
Defendant Didn’t Owe a Duty of Care to the Plaintiff
The legal claims of the plaintiff are going to be included in the lawsuit, and there are times when the filing does not meet the standard needed to establish a reasonable duty of care, and this is through connecting the defendant to the accident that led to the injury. This is a common thing when dealing with premise liability personal injury claims. Vehicle accidents usually have documentation such as ambulance records and police reports. If a premise liability case is filed against a business operator, it can be misdirected if the owner of that property is liable. The specifics of that lawsuits are going to determine the defense.
Plaintiff Was Responsible for Their Injuries
This defense is going to be put in the category of comparative negligence, which is used by each state in some manner. Some states usually use pure comparative negligence which gives the injured party some amount of financial compensation, unless the injured party is at fault for the injuries, such as convicted of drunk driving or intentional act.
Modified comparative negligence law is what most states use, and this means that the plaintiff is not going to recover any money if their comparative negligence is more than that of the respondent. The bar level for denying a claim can be either 51% or 50%. In states following the pure contributory negligence approach, the contribution to the cause of the injury is going to be used as a defensive strategy.
One example is when a trespasser gets injured and they end up losing the claim because they don’t have the authority to occupy the property. Technicalities can be very important in such instances, but it will depend on the state, the facts surrounding the case. This can end up reducing financial liability or case dismissal.
Lawsuit Filed Late
Some injuries do not look serious after the accident, but start becoming serious and requiring medical attention. It is important to remember that there are statutes of limitations that are used for a particular personal injury lawsuit. When defending such cases, the statute of limitations can be used, especially when the case is being filed at the end of the time period, even if the injury was recognized earlier.
If the plaintiff did not file the lawsuit and had to wait until the end, the defense can argue that the injury was not as serious as the plaintiff is claiming. The cased can be dismissed basing it on being a frivolous claim.
Insurance companies are there to make a profit, and just like any other business, they will always invest time in investigating every claim they get. One thing you need to know is that the insurance company might be the best friend when you have a personal injury lawsuit to defend. They can provide their client with legal counsel because it will be in their interest to do so. Both the client and insurance company benefit from this.
Claim defense attorneys and insurance claims adjusters regularly with personal injury claims and know how to negotiate, and facing the jury if the case gets to court. They will try to convince the jury that the case should be dismissed or reduce the damages. Even if the plaintiff has a valid case, the outcome can be way better when every detail about the case is addressed in the courtroom. The best way of ensuring you get the best possible result in your personal injury lawyer is by hiring a qualified business firm in New York.