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Dervishi Law Group P.C.

Archive for February, 2017


The Westchester man killed has been identified as Dave Hunter of Yonkers, who was a passenger of the Mercedes driven by his brother, 47-year-old Dayan Hunter of the Bronx, who was the driver, and also pronounced dead at the scene of the crash, according to ABC 7.

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Workers’ Injury Claim Form

Have you suffered a workplace injury? Are you wondering whether you should hire a workers’ compensation attorney? Whether or not you should hire a lawyer depends on the severity of your injury and the overall complexity of your case. You may be able to get by without hiring an attorney if:

  • The injury was minor, such as a twisted ankle or a cut requiring a few stitches.
  • You missed little or no work due to your injury.
  • Your employer admits that the injury happened at work.

However, it is always advisable to contact a workers’compensation attorney to walk you through the legal process. He or she may alert you of potential pitfalls, as well as give you an honest appraisal of whether you can handle the case on your own.

When should I hire a workers’ compensation lawyer?

You should hire a workers’ compensation lawyer when:

Your employer denies your claim or you fail to receive your benefits promptly

Workers’compensation claims are routinely rejected by employers and insurers thinking that many workers will fail to appeal. This is factually correct because up to 80% of individuals whose claims are denied fail to appeal the decision in court. Hire a workers’ compensation attorney to give you the best chance of receiving a fair settlement for your injuries.

Your employer retaliates against you for filing a workers’ compensation claim

If you have been fired or demoted, or if your employer has reduced your pay or engaged in any other form of discrimination because you filed a workers’ compensation claim, it is important that you hire a workers’ compensation attorney immediately.

Your employer’s settlement offer does not cover all lost wages or medical bills

If you think that your settlement offer is not good enough, do not rely on the workers’ compensation judge to make sure that you are getting a fair deal. A judge may sign off on any agreement as long as it is not grossly unfair. If you want to be fairly compensated, hire an attorney.

Your employer denies you disability benefits

If the work injury caused you permanent partial disability or permanent total disability, you may be entitled to lifetime weekly payments to make up for your lost wages. These can be expensive for insurance companies. Therefore, they will do everything possible to avoid paying you what you deserve. Hiring a knowledgeable workers’compensation attorney can be essential when there are permanent injuries or illness.

You have a potential third party claim

If you have suffered a work related injury, you may be able to sue a third party whose negligence contributed to your injury through a third party lawsuit. For instance, when a machine malfunction causes injury to a worker, he or she can file a third party lawsuit against the manufacturer of the defective machine, apart from filing a workers’ compensation claim. An attorney will assist you in filing a third party lawsuit.

Contact Workers’Compensation Attorneys at Dervishi Law Group, P.C.

If you have suffered a workplace injury, contact workers’ compensation attorneys at Dervishi Law Group, P.C.You can depend on our knowledge and expertise when it comes to representing you. Call us at (917) 300-0797 or (718) 619-4525 or email us at fdervishi@dervishilaw.com.

 

A woman found crushed by her car door on Camp Street Sunday afternoon was pronounced dead at Nor walk Hospital.
The woman apparently was standing outside the car when it rolled forward, causing her door to come in contact with a car parked at the curb. As her car moved forward, the door apparently was pushed closed, crushing her.

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Product Liability Claims

If you have suffered an injury due to a defective product, you may file a defective product liability claim. Your product liability claim can be based on different legal theories such as strict liability, negligence, breach of warranty and fraud.The following paragraphs outline the elements of the most common legal theories used in a product liability claim.

Strict Product Liability

In a strict product liability case, a victim must show that:

  • A product was sold with no warning or inadequate warning, or was sold in an unreasonably dangerous condition.
  • The victim or the victim’s property was injured by the defective product.

Negligence

In a product liability case based on negligence, a victim must show that:

  • The defendant owed a duty of care.
  • The defendant’s actions breached that duty of care.
  • The defendant’s breach caused the victim injuries.

Fraud

In a product liability case based on a “fraud” legal theory, a victim must show that:

  • The defendant made certain representations about the product that were not true.
  • The defendant was aware that those representations were not true or not likely to be true.
  • The representations were made so that the victim would buy the product.
  • The victim was justified in relying on the representations.
  • The defendant’s false representations caused damage to the victim.

Breach

In a product liability case based on “breach of warranty,” a victim must show that:

  • The product had an expressor implied warranty.
  • The product failed to meet the terms of the warranty.

Contact Product Liability Lawyers at Dervishi Law Group, P.C.

If you, a family member or a friend have suffered an injury as a result of a faulty product, contact the product liability lawyers at Dervishi Law Group,P.C. We can assist you in recovering rightful compensation.Call us at (917) 300-0797 or (718) 619-4525 or email us at fdervishi@dervishilaw.com.

 

Product Liability Case

If a consumer has been injured by a defective product, the defendant,who may be a manufacturer of the product, can argue that the injury was not caused by the defect. There are three main types of product liability claims: negligence, breach of warranty and strict liability. One defense may work to defeat one kind of claim but not another.The following are some common defenses in a product liability case based on strict products liability or negligence.

Assumption of the Risk

If the claimant was aware of the risk involved in using the product and was ready to accept the risk and as a result was injured, he or she will be prevented from receiving recovery. The evidence for the product liability must show that the claimant knew of the risk involved and disregarded the danger and risk that caused his or her injury.

Substantial Change Defense

If the claimant made an adjustment or modification to the product and if the modification of the product was what caused the injury, then the manufacturer could be relieved from liability since the cause of the injury was not the manufacturer’s fault. Only unanticipated and unforeseen modifications to the product by the consumer can relieve the manufacturer of liability. If the manufacturer anticipated that a consumer could modify the product, then the modification would not relieve the manufacturer of liability.

Contributory Negligence

In some states, if the claimant contributed to his or her injuries in any way, he or she may be barred from any recovery. In other states, if the claimant contributed to his or her injuries, the amount of fault would reduce the recovery.

Statute of Limitations Expired

The statute of limitations period is the time in which the claimant can file a claim in court and start the lawsuit. It usually expires within 3 years.The defendant can argue that the available time that the plaintiff had to bring the personal injury claim has expired.

Other Causes

The defendant can also argue that there were other factors that caused the plaintiff’s injury and must prove that their product or design was not the actual cause of the claimant’s injury.

Get in touch with experienced product liability attorneys at Dervishi Law Group, P.C.

If you, a family member or a friend have suffered an injury as a result of a faulty product, contact the product liability attorneys at Dervishi Law Group, P.C. You can call us at 917-300-0797 or 718-619-4525 or email us at fdervishi@dervishilaw.com.