Long Island Personal Injury Lawyers
Our attorneys are recognized as leaders in Long Island personal injury trial law. Six of our attorneys have achieved AV Preeminent status with Martindale-Hubbell representing the highest ranking for ethical standards and legal ability. Five of our attorneys have been included in Super Lawyers in the New York Metropolitan Area as published in the Magazine Section of the New York Times. Our firm is listed among the Best Lawyers in the State of New York and is listed among the Best Law Firms in the New York Metro area by US News & World Report.
Our Attorneys Protect the Rights of Victims of Negligence on Long Island.How Can the Personal Injury Attorneys at Queller, Fisher, Washor, Fuchs & Kool Help You?
At Queller, Fisher, Washor, Fuchs & Kool our personal injury attorneys have over two-hundred years of combined litigating experience, which illustrates the knowledge and extensive experience we bring to each case.
Our firm works with leading financial, medical and investigative experts who can work with us to corroborate your case and provide an accurate assessment of the damages you sustained from the accident. At Queller, Fisher, Washor, Fuchs & Kool we have no issue taking major insurance companies and hospitals to court. In fact, considering that several of our attorneys were former insurance defense lawyers, we are well-versed in the tactics employed by insurance adjustors and their methods for evaluating medical claims, injuries and damages.The Statute of Limitations
According to New York State law, there is only a limited amount of period after the accident during which the victim can bring forth a claim against the responsible party. If the victim fails to do so within that time frame, he or she might be forever barred from receiving the compensation that they so rightly deserve. Because the statute of limitations varies depending on the legal issues involved as well as on a case by case basis, it is imperative that you contact one of our attorneys today at Queller, Fisher, Washor, Fuchs & Kool to avoid any conflict with the statute.Contingency Fee Basis
We understand that undergoing a personal injury accident can be very expense for an individual and his or her family in terms of the financial strain it causes. Additionally, we believe that every single person should have the right to obtain legal counsel and sue those who have negligently harmed them, if the need arises. Consequently, should you choose to retain our legal services there you will not be charged in any way unless a monetary compensation is recovered. Our fees then, will only be a fraction of that compensation.
If you, or a loved one, have been the victim of another’s negligence in a personal injury accident do not hesitate to call the New York office of Queller, Fisher, Washor, Fuchs & Kool today in order to schedule your free consultation and determine any legal course of action that you might have.Slip and Fall Accidents on Long Island
According to New York State law private property owners, landlords and business owners are responsible for providing a safe and secure environment to any individual that might be on their premises as a guest or a passerby. In the case that a property owner fails to repair a hazardous part of their property or fails to warn guests of the region resulting in an accident causing an injury, the property owner might be held liable for his or her negligent behavior. Individual’s who have sustained injured due to the negligence of a property owner may be able to recoup compensation for the damages that they have suffered. At Queller, Fisher, Washor, Fuchs & Kool our attorneys are experienced in representing the rights of individuals who have been seriously injured or killed in accidents on public or private property. Our law firm has secured a plethora of settlements in favor of our clients, including numerous verdicts exceeding over $1 million.Nature of Compensation Available
Individuals who have been injured due to the negligence of another party have the option to bring forth a premises liability suit against the responsible party and recoup compensation for any of the following damages that they might have sustained as a result of the injury:
- Medical Bills – An injury, such as a slip and fall, can cause an individual to sustain serious physical injuries, which might require the victim to undergo numerous medical procedures. The exorbitant cost of these recurring medical procedures can be financially crippling for the victim and his or her family, especially if the medical costs are not fully covered by insurance. Consequently, victims have the option to file a premise liability lawsuit in order to recoup compensation for the medical costs that they have incurred.
- Lost Wages – Depending on the severity of the injury, victims of slip and fall accidents might be required to leave the workforce either temporarily or permanently. In either case, the victim and his or her family is likely to face considerable financial strain. Consequently, victims have the option to file a premise liability lawsuit in order to recoup compensation for any lost income and any damage to their future earning potential.
- Pain and Suffering – This pertains to a category of non-economic damages. Victims have the option to recoup compensation for any long-term pain and suffering caused to their being by the accident. Compensable pain and suffering damages may include any and all types of physical or bodily pain, physical deformities caused by the injury, and loss of life's enjoyment.
- Wrongful Death – In the case that an individual dies on public or private property due to the negligence of the property owner, the family of the deceased may be able to recoup compensation for any damages sustained by the victim and his family following the accident by filing a premise liability lawsuit. The family can claim compensation for conscious pain and suffering enduring by the victim prior to his or her death, as well as for various types of economic losses such as loss of income as well as the economic loss associated with losing a spouse or a parent
In order to avoid any conflict with the statute of limitations, victims of slip-and-fall injuries should not hesitate to contact an attorney at the earliest. The statute of limitations is a law that specifies the amount of time an injured individual has following an incident to file a lawsuit. In the case that an individual fails to file a lawsuit within the designated time period, the injured party may be forever banned from recoup compensation for the damages that they have sustained. In New York State the statute of limitations of slip-and-fall cases is usually three years. However, the statute of limitations varies on a case-by-case basis, for example, cases involving municipalities and the federal government need to be filed within 90 days and the statute of limitations expires within a year and a half.Favorable Settlements Secured by Our Attorneys
The attorneys at Queller, Fisher, Washor, Fuchs & Kool have secured a number of favorable verdicts in slip-and-fall cases for our clients. Some of the more notable ones are listed below:
- A Large recovery for a woman who suffered a slip and fall injury at a gas station. The victim was walking toward the pay window when she tripped over a pothole. Her fall caused a serious back injury, which required a laminectomy and discectomy. Queller, Fisher, Washor, Fuchs & Kool's slip and fall lawyers recovered the victim a substantial settlement in mediation.
- An individual fractured their ankle after tripping and falling in front of a parking garage. The fall occurred due to a defect in the sidewalk's flagstone. Due to New York's law regarding the maintenance of sidewalks, the parking garage's failure to repair the sidewalk's defect constituted negligence. Our attorneys obtained a substantial monetary recovery for the victim after settling with the insurance company.
- A client suffered a fractured ankle, which required surgery after falling in the stairwell of a New York City hotel. Our slip-and-fall lawyers hired experts to prove that the stairwell had been designed poorly. Our experts' conclusion led to a large recovery for the victim.
- The wife of a detective in the ICU decided to pick up food for her husband's nurses at a nearby restaurant. As the detective's wife was leaving the restaurant, she slipped and fell on a sheet of ice and broke her ankle. After the insurance company failed to make any settlement offer, our firm took the case to trial. At trial Jonny Kool was able to reconstruct the accident and established that planters working outside of the restaurant had caused the sheet of ice to form by leaking water. The jury returned with a favorable verdict and awarded the victim substantial compensation for her injuries.
In the case that a sidewalk is unmaintained, it might pose a serious threat to the residents within that particular neighborhood. Individuals who have suffered injuries on a sidewalk may face significant hardships including economic losses such as lost income and exorbitant medical bills. Consequently, individuals who have sustained injuries due to n accident caused by an unmaintained sidewalk may be able to recoup compensation for the damages that they have incurred following the accident. At Queller, Fisher, Washor, Fuchs & Kool our attorneys have been representing the rights of individuals who have been injured on sidewalks for over fifty years. As a result of our experience, we greatly empathize with our clients and understand the hardships inflicted upon individuals following such an accident. Consequently, our attorneys do our very best to ensure that the victim receives the maximum possible compensation.Indications of a Negligently Maintained Sidewalk
Pursuant to the New York City Administrative Code it is the duty of the owner of real property adjacent to any sidewalk to ensure it is kept in a reasonably safe condition. The failure to reasonably maintain a sidewalk can leave the owner of the adjacent property liable for any injury that occurs due to the sidewalk's deteriorating condition. A property owner’s failure to maintain a sidewalk includes, but is not limited to, the following:
- Failure to repair any defects
- Not replacing defective sidewalk flags
- The negligent failure to properly install a sidewalk near the property
- The negligent failure to reconstruct a walkway once it had become defective or unstable
- Failure to remove, snow, ice dirt or other such external material from the sidewalk.
Further more specific examples of unsafe and potentially dangerous sidewalk defects as defined by New York State law include, but are not limited to, the following:
- In the case that one or more sidewalk flags are missing or were not even built to begin with
- In the case that one or more sidewalk flags are cracked to the extent that some pieces are loose and can be easily removed
- In the case that the sidewalk has an improper slope that does not facilitate the drainage of water towards the curb thus retaining the water and causing it to pool.
- In the case that there is an undermined sidewalk flag below which there is a visible void or a loose flag that rocks or seesaws.
- A trip hazard, where the vertical differential between adjacent sidewalk flags is greater than or equal to one half inch or where the sidewalk contains one or more surface defects of one inch or greater in all horizontal directions and is one half inch or more in depth;
- There exists a defect involving the structural integrity of the sidewalk, for example, a crack between two joints.
- Where patchwork is done to the sidewalk that is less than full-depth repairs to all or part of the surface area of broken, cracked or chipped flags; and where the sidewalk is partially or wholly constructed with asphalt or other unapproved non-concrete material.
- Contains hardware defects which mean hardware or other appurtenances that are not flush within one half inch of the surface or cellar doors that deflect greater than one inch when walked on, are not skid resistant or are otherwise in a dangerous or unsafe condition;
In order to establish a successful claim against an abutting property owner for their failure to maintain a sidewalk it is imperative to delineate the fact that the sidewalk was not reasonable safe. Additionally, it is imperative to prove that the owner of the property abutting the defective sidewalk either created the unsafe situation on the sidewalk or had actual or constructive notice of the condition prior to the occurrence of the accident. Actual notice may be established by proving that the property owner was aware of the dangerous and unsafe condition associated with the sidewalk abutting his property prior to the occurrence of the accident. Constructive notice, on the other hand, is established by proving that the owner, by exercising reasonable care, should have been aware of the dangerous and unsafe nature of the sidewalk abutting his property. However, the owner filed to correct the defect or take precautions such as the provision of a safeguard or warning prior to the occurrence of the accident under consideration.Contact Queller, Fisher, Washor, Fuchs & Kool
According to the statute of limitations injured individuals are reruired to file a lawsuit within a specific time period. Failure to file a claim within the designated time period results in the injured individual from being forever banned from recouping compensation for the losses he or she have sustained. The experienced attorneys at Queller, Fisher, Washor, Fuchs & Kool understand the legal process associated with slip and fall accidents and the need to expedite the process as to avoid any conflict with the statute of limitations.
If you, or your loved one, have sustained an injury due to a slip and fall it is imperative that you contact an attorney at the New York law office of Queller, Fisher, Washor, Fuchs & Kool in order to schedule a free consultation during which our legal team will review the facts of your case and your potential legal options. Our law firm accepts cases on a contingent fees basis, that is, no monetary recovery will be made from you unless and until our firm is able to secure a favorable settlement on your behalf.