FAQs
Are Dog Owners Automatically Liable for Bites on Long Island?
No, a dog owner isn’t automatically liable if their dog bites you; however, you can pursue a claim when the owner should have known that their dog had a “vicious propensity,” or if there was ordinary negligence. Whether you have a case depends on the specific facts of the dog bite, and which theory best fits what happened.
Do Insurers Give Fairer Settlements When You Involve a Long Island Accident Attorney?
Yes, insurers generally offer fairer settlements when you are represented by an experienced accident attorney on Long Island. Insurance companies typically negotiate differently once an attorney is involved.
Can I Sue an Employer for a Workplace Injury If I’m Getting Workers’ Comp?
No, in most cases, you can’t sue your employer for a workplace injury if they carry workers’ compensation coverage. Accepting and filing for benefits is your exclusive remedy against the employer, so you can’t sue them in civil court for the same injury.
Can Gaps in Medical Treatment Hurt My Serious Injury Case on Long Island?
Yes, an unexplained gap in your medical treatment can undermine a serious injury claim. Insurance companies will attempt to argue that gaps in your treatment mean your injury wasn’t as serious as claimed, or that it wasn’t even caused by the accident.
Is the Left-Turning Driver Presumed Negligent in an Oncoming Traffic Collision on Long Island?
Yes, the left-turning driver is generally presumed negligent when colliding with oncoming traffic. Under New York Vehicle & Traffic Law § 1141, the driver making a left turn must yield to any oncoming traffic that is close enough to pose a hazard.
Can I Recover Damages if the Police Report Says I Was at Fault for a Car Accident on Long Island?
Yes, you can recover damages even when a police report says you were at fault, but it depends on the circumstances. A police report isn’t the final word on fault. It’s just one piece of evidence based on an officer’s limited knowledge and observations at the scene. It could be incomplete, or simply wrong.