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Personal Injury

Are You Suffering From An Auto Accident, Slip and Fall, or Dog Bite?

Were You Injured in An Auto Accident?

Hiring an attorney early on will be invaluable to your case.  An attorney will help you:

  • Navigate through the insurance claim process
  • Assist in meeting deadlines in order to protect your rights
  • Ensure that your medical bills are paid as you treat with doctors during the pendency of your case.

Common causes of motor vehicle accidents include:

  • Distracted driving
  • Following too closely
  • Aggressive driving
  • Speeding
  • Impaired driving (alcohol, drugs, prescription medication)
  • Road defects

Common injuries sustained as a result of a motor vehicle accident include: 

  • Broken bones
  • Fractured bones
  • Soft tissue injuries
  • Spinal cord injuries
  • Traumatic brain injuries
  • Whiplash
  • Soft tissue injuries
  • Death
  • Dismemberment

Victims of motor vehicle accidents can recover for:

  • Medical bills/expenses
  • Pain and suffering
  • Property damage
  • Lost wages
  • Loss of enjoyment of life

If another driver’s negligence caused the crash and left you with a serious injury, you may have a personal injury claim. Our firm will investigate the circumstances of the accident, identify the responsible parties and pursue the maximum recovery against those parties either through settlement or trial.

Generally, claims relating to auto accidents fall within the 3-year Statute of Limitations, which means that the suit must be filed within 3 years of the date of the accident.  However, this time period could be shorter depending on the parties involved. Our firm will advise you of the time limits applicable to your case.

The Difference Between a Personal Injury Claim and a No-Fault Claim

Many find the no-fault and personal injury law confusing.  Your case will often include claims in both areas.  Our office will help you navigate both. 

  • No-Fault covers medical bills expenses and lost wages.  New York’s No-Fault laws allow drivers, passengers, and pedestrians to have their lost wages and medical expenses up to a certain amount, covered no matter who was at fault. The claims are submitted through one’s own insurance carrier, no matter who is at fault for the accident.
  • Personal injury claims cover pain and suffering.  These claims are submitted through the insurance carrier of the adverse driver.

Application for No-Fault Benefits:

When you are injured in an auto accident, the proper No-Fault insurance carrier must be notified by written notice of claim within 30 days of the accident.  Failure to submit written notice of claim to the insurance carrier could bar coverage for all no-fault medical services related to the accident. This means that your medical bills would not be covered by the no-fault insurance that you pay for each month on your insurance coverage.  Our firm will assist in filing all necessary documentation with the appropriate insurance companies to ensure that your medical bills are covered by No-fault.

Are You The Victim Of A Slip And Fall Or Trip And Fall Accident?

If you have slipped and fallen on another’s property, you might be entitled to recover damages. Property owners and businesses are responsible to maintain the premises in a safe condition.  They also have a duty to refrain from creating a dangerous condition on the property.

Common slip and fall or trip and fall cases involve:

  • Ice and Snow
  • Uneven Floors
  • Slippery Floors
  • Broken sidewalks and pavement
  • Stairs in disrepair
  • Broken handrails
  • Unsecured rugs/carpet
  • Poor visibility in hallways and common areas
  • Cluttered walkways

Common injuries sustained in a slip and fall or trip and fall accident include:

  • Broken bones
  • Fractured bones
  • Soft tissue injuries
  • Spinal cord injuries
  • Head injuries
  • Traumatic brain injuries

Victims of slip and fall or trip and fall injuries can recover for:

  • Medical bills/expenses
  • Pain and suffering
  • Lost wages
  • Loss of enjoyment of life

Our firm will investigate the circumstances of the slip and fall, including the location and any related factors.  We will identify the responsible parties and pursue recovery against those parties. Our firm aggressively pursues the maximum recovery for our clients whether through settlement or trial. Generally, there may be anywhere between 30 days to 3 years to file a slip and fall or trip and fall case, depending on the parties involved.  Therefore, it is imperative to obtain the assistance of an experienced attorney to investigate the facts related to the injury and initiate the claims process.

Are You The Victim Of Dog Bite Or Attack?

If you or a family member has been injured by a dog bite, it is important to seek medical attention and consult with an attorney right away. A dog bite may result in serious injuries with lasting effects.  Many cases involve significant scarring and lifelong fears associated with animals.

If you or a loved one has been injured by a dog, there may be a personal injury claim.  

New York law provides that a dog owner is strictly liable for all medical bills resulting from injuries caused by the dangerous dog.  This means that even if the dog owner did not have knowledge of the dog’s dangerous propensity, he/she is liable for the medical bills.  

In order to recover for pain and suffering related to a dog bite or dog-related injury, the victim must prove that the dog owner knew of the dog’s dangerous propensity and failed to take the proper precautionary measures to prevent the attack.  Therefore, it is more difficult to recover for pain and suffering related to a dog/bite injury.  It is important to work with an attorney as soon as possible to investigate the attack and establish the necessary elements of your case including:

  • Whether the dog has shown prior vicious propensity in the past
  • Whether the dog owner knew or should have known, that his/her dog was dangerous before the attack
  • Whether the dog owner failed to take proper precautionary measures to prevent the attack

What does it mean for a dog to be dangerous?  According to New York law, a dangerous dog is one that has vicious tendencies including:  

  • The dog has bitten before (The One Bite Rule)
  • The dog has been known to snarl/growl at visitors/pedestrians
  • Prior complaints about the dog to the owner involving vicious behavior
  • The dog has injured another pet or farm animal
  • The dog has been known to bark aggressively and appears to be ready to attack
  • Information including the nature of severity of the attack may be considered in the determination of vicious tendencies

Our Process

We are with you every step of the way.

Free Initial Consultation

Ms. Mirabella will meet with you to personally review the facts of your case. She will provide a case analysis, including liability and injury.  In the event that you decide to hire our firm, we will complete our intake process with you which involves the collection of documents relevant to the accident.

Claim

Our firm will then work on our own to gather all related outside documentation including medical treatment records, accident information and insurance policy information related to all parties involved.  We will make contact with the insurance company or companies involved and make the appropriate claim. 

Litigation

Our firm will file a Summons & Complaint which begins the litigation process, followed by discovery and trial.

Status Updates

Our firm will check in on you to get status updates on your recovery as well as provide you with monthly status updates on your case.

Resolution

Some cases are settled during the litigation process, before trial. You will always make the final determination as to settlement. 

Case Valuation

This is part of our case analysis and is dependent upon many factors including lost wages, property damage, and pain & suffering. 

Our Fees

Our fees are contingency based.  That means that there is no charge unless you win your case.

Serving Suffolk, Nassau, Queens, Brooklyn, Bronx, Manhattan and Richmond Counties.

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80 Orville Dr., Ste. 100
Bohemia, NY 11716

Not Legal Advice

The content on this site is for informational and/or educational purposes only and is not intended to offer legal or medical advice. You should not rely upon any material presented on this site as a substitute for legal, medical or other professional advice.  If you have a specific question regarding a particular medical or legal issue, you should consult a healthcare or legal professional.

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Please be aware that sending an email to our Firm does not itself create an attorney-client relationship. Furthermore, please be advised that The Law Office of Elke E. Mirabella, P.C.  cannot represent you as counsel unless you and our Firm have expressly agreed in writing in the form of a signed “Retainer Agreement” with our firm.

No Attorney-Client Relationship Without Signed Agreement

This firm does not offer a guarantee of specific case results. The prior results listed on our website do not guarantee a similar outcome in every case.  The outcome of any case is dependent upon the facts of the case, the trier of fact, and many other variables. This website may be considered attorney advertising in some jurisdictions.