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Dervishi Law Group P.C.

Archive for July, 2018


Man slips on wet floor

If you have suffered injuries in slip and fall accident, you may be eligible to file an injury claim against the owner of that property. However, establishing the property owner’s liability can be challenging.

Although a property owner is required to keep his or her property in a reasonably safe condition, this does not necessarily mean that whoever slips and falls on the property can hold the owner liable. To hold a property owner liable, you must prove that:

  • He or she should have known about the dangerous condition on their property and should have fixed it.
  • He or she knew about the dangerous condition but did not fix it.
  • He or she intentionally caused the dangerous condition.

PROVING THE PROPERTY OWNER’S NEGLIGENCE

To claim that a property owner was negligent, you must be able to prove that he or she failed to act as a reasonably prudent person would have acted under similar circumstances. When trying to assess whether the property owner acted reasonably, consider the following:

  • Did the hazardous condition exist long enough for a reasonable property owner to eliminate it?
  • Did the property owner have a policy of routinely checking for potential hazards? If so, was the procedure followed before the accident?
  • Was the hazardous condition intentionally created? Was there any justification for creating the hazard?
  • Could the accident have been prevented by taking measures such as relocating the hazard, placing adequate warning signage in the area or preventing access to the area?

It is common for a property owner to argue that the victim is partially responsible for the injuries. This kind of argument is made under the theories of “comparative negligence” and “contributory negligence.” If your state is guided by the contributory negligence theory and you are found to bear any degree of responsibility for the accident, you may be barred from collecting any damages at all. Similarly, if your state is guided by the comparative negligence theory, and you are found to have equally contributed to the accident, your damages will be reduced by a percentage equal to your share of the liability.

Our Experienced Slip and Fall Lawyers Can Help You

If you have suffered injuries in a slip and fall accident, you may have an injury claim. It is crucial that you are represented by a dedicated and experienced slip and fall injury lawyer to help you through the legal process. At Dervishi Law Group, P.C., we have years of experience in dealing with slip and fall personal injury cases. Let our slip and fall lawyers handle your case and guide you through the legal process. Call us at 917-300-0797 or 718-619-4525 or email fdervishi@dervishilaw.com.

 

personal injury attorney

Suffering injuries in an accident caused by someone else’s negligence is never a good experience. Dealing with insurance companies and paperwork while healing from your injuries can be frustrating. Hiring an experienced and knowledgeable personal injury attorney to handle this complicated legal process can be to your benefit. A personal injury attorney will be able to handle the process of building your case while you focus on your recovery.

Here are some of the many benefits of hiring a personal injury attorney. An attorney will:

Help you understand your legal rights: Your personal injury attorney can help you understand what your legal rights are and advise you on how to proceed with your personal injury claim.

Handle all the paperwork: Dealing with all the paperwork related to your accident can be overwhelming. A personal injury attorney can handle the paperwork and ensure that all documentation is properly completed and filed within the applicable deadlines.

Gather evidence and investigate the accident: The evidence you gather will play a crucial role in your claim. An attorney will know which evidence can help your case and how to find it. An attorney can also investigate the accident and compile facts and information to help you recover your losses.

Have experience with other lawyers: A personal injury attorney has experience working with defense lawyers and understands their strategies. Your attorney will know how to protect your interests against the defense lawyer’s tactics.

Know the best expert witnesses: An attorney will know the best experts to present in your case. Whether it’s an accident reconstruction expert, medical expert or other liability expert, your attorney can retain the best experts to ensure that your case is presented properly.

Negotiate with the insurance company: Insurance adjusters tend to confuse clients in the hope that they will settle for a lower settlement amount. A personal injury attorney knows how to deal with Insurance adjusters. He or she can negotiate the best settlement for you.

Successfully represent your case in court: A personal injury attorney is experienced in the litigation process. He or she understands the ins and outs of the court system and can successfully represent your case in court.

Contact Us

If you or someone you love has been injured in an accident due to someone else’s negligence, you may have a personal injury claim. The personal injury attorneys at Dervishi Law Group, P.C. can help. We have years of experience dealing with personal injury cases. Our skilled personal injury attorneys will fight for your rights and help you get justice, compensation and peace of mind. Call 917-300-0797 or 718-619-4525 or email fdervishi@dervishilaw.com.

 

Expert witnesses play an important role in personal injury cases. Their input and perspective on cases is invaluable. In complicated cases, personal injury lawyers often turn to expert witnesses for their opinions. They help by proving negligence, clarifying evidence and clearing up ambiguities. If you have been injured in an accident due to someone else’s negligence, you may be entitled to compensation for your injuries through a personal injury lawsuit. Our personal injury lawyers can help. Call 917-300-0797.

How Expert Witnesses Help in Personal Injury Cases
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car accident

If you have been injured in a car accident with an uninsured driver, you can make a claim to your insurance company under uninsured motorist (UIM) coverage. UIM coverage is additional coverage that you can purchase from your insurance company. It protects you when you are injured in a car accident with an at-fault driver who does not have car insurance.

UIM coverage is only required in some states, but insurance companies are required to offer it to customers in most states. Usually, the time limit for buying UIM coverage is 30 days from the date of the accident.

Learn More About Uninsured Motorist Coverage

Collision Coverage

You can add collision coverage to your insurance policy by paying an extra dollar amount. Collision coverage will pay to repair damages to your vehicle sustained in an accident with an uninsured driver or a hit-and-run driver. However, it will not cover your physical injuries.

Filing a Lawsuit

In no-fault states, each driver or his insurance company is responsible for his own injuries or damages regardless of who was at fault for the accident. Therefore, if you live in a no-fault state and were involved in an accident with an uninsured driver, filing a lawsuit against the other driver might not be an option.
If you live in a traditional negligence state, you may file a lawsuit against the uninsured driver. However, even if you are successful in proving that the other driver was at fault for the accident, you might not receive compensation from the uninsured driver.
If you were injured in a car accident with an uninsured driver, report the accident to your car insurance company and hire a car accident attorney as soon as possible. Your attorney will help you receive the compensation you deserve.

At Dervishi Law Group, P.C., our car accident attorneys have years of experience in negotiating settlements with insurance companies. We will help you deal with the insurance companies and obtain compensation from the responsible parties. Call us at 917-300-0797 or 718-619-4525 or email fdervishi@dervishilaw.com.

 

A slip and fall accident can happen anywhere and result in serious injuries. If you slipped and fell on someone else’s property, the things you do immediately after the accident can prove that the property owner or manager was at fault. Immediately following a slip and fall accident, seek medical help, report the accident, collect witness contact information, take photos and hire a lawyer. If you or someone you love has been injured in a slip and fall accident, our slip and fall accident lawyers can review your case and help you seek compensation for your injuries. Call 917-300-0797.

slip and fall accident
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