Personal Injury Introduction
Our true passion lies in representing injured individuals and their families against major insurance companies. Our founder Avi Cohen has successfully settled and/or tried numerous cases, both large and small.
Our firm was founded on the principle that injured plaintiffs and their families should have access to the same quality of legal representation that large insurance companies receive from the larger firms. That’s why Cohen Montalto P.C. is the premier personal injury law firm in the New York Tri-State area.
Personal Injury CLAIMS
what is personal injury?
Personal injury law refers to the type of suit that someone brings when they are injured as a result of certain acts committed by another person. This includes intentional actions by others or those which are purely by accident.
A person may be liable for negligence when he/she fails to act as a reasonable person should under the law. Negligent acts are not intentional, but rather accidental. A lawsuit may even be filed for reckless conduct. This involves a heightened degree of negligence such as hitting a pedestrian with your car while driving 80 miles per hour in a school zone.
The most common examples of negligence cases are:
While a negligent act is necessary to sue, there must also be damages. To succeed in a personal injury case, you must show that you were injured as a result of this negligence. When it comes to motor vehicle accidents, you must show that you were injured to such a degree that you met New York’s “serious injury” threshold.
slip and fall accident
In most slip and fall cases, the reasonable care standard is required. Therefore, the owner or management of a building has a duty to exercise reasonable care to keep the floors and other surfaces in a safe condition, so as to prevent foreseeable injuries. On the other hand, the mere fact that a surface becomes slippery when wet does not, in and of itself, establish a dangerous condition. In order to succeed in a slip and fall case, you must show that the owner/manager created the dangerous condition or had notice of the condition and failed to cure it.
To recover damages in an action for medical malpractice, a patient must demonstrate that there was a deviation or departure from the accepted standard of care and evidence that the deviation or departure by the medical doctor, hospital or health care professional was a proximate cause of the injury or damage to the patient.
Examples of the types of medical malpractice include:
- Misdiagnosing or failing to diagnose a disease
- Where a doctor ignores results from the laboratory or misreads the results
- The hospital, doctor or health professional performs surgery which was not necessary
- Errors committed during a procedure or surgery or operating on a wrong body part (such as a health limb or organ)
- Prescribing too much medication or the wrong medication. This is especially common now during the opioid epidemic where doctors are overprescribing pain killers (Percocet, Vicodin, Oxycontin, Oxycodone, Morphine) which may lead to a fatal overdose)
- Discharging a patient from the hospital or doctor’s care prematurely and prior to a reasonable time period
- Not recognizing a patient’s symptoms and the failure to order the correct testing.
While the degree of injury will undoubtedly vary from case to case, construction accidents include cuts and abrasions requiring stitches, sustaining a concussion due to a fall on the head, breaking a limb or body part (which may or may not require surgery), muscle tear to knee, shoulder or other body part, and even may result in death. We understand that construction workers engage in dangerous activities and put their lives on the line each and every day. If you or your loved one has been injured on the job at a construction site, let us handle your case and represent you.
Products and manufacturing:
In accordance with a longstanding and evolving common-law tradition, a manufacturer of a defective product is liable for injuries caused by the defect.
Under New York’s modern approach to products liability, a product has a defect that renders the manufacturer liable for the resulting injuries if it:
- Contains a manufacturing flaw
- Is defectively designed
- Is not accompanied by adequate warnings for the use of the product
Failure to warn claims
While claims based on the third category of defect, a lack of adequate warnings, can be framed in terms of strict liability or negligence, failure-to-warn claims grounded in strict liability and negligence are functionally equivalent, as both forms of a failure-to-warn claim depend on the principles of reasonableness and public policy at the heart of any traditional negligence action
One must prove that a product did not perform as intended and that the product was defective when it left the manufacturer’s control. If so, a manufacturer may be liable for breaching a duty to its customers. It is the plaintiff and his/her attorney’s burden of proof to demonstrate that the manufacturer did not manufacture the product in accordance with its own specifications. A plaintiff must also be able to demonstrate that not only was the product not manufactured properly, but also that the defect existed when the product left the manufacturer and that the error in manufacturing caused the plaintiff’s injuries
A defectively designed product is one which, at the time it leaves the seller’s hands, is unreasonably and unintentionally dangerous for its intended use. When investing, the focus is to review whether the design was not reasonably safe because of a substantial likelihood of harm and existence of a feasible and safer alternative design. The facts must also demonstrate that the defective design was a substantial factor causing the plaintiff’s injury. Whether a product is defectively designed is determined by examining the industry standards in effect when it was manufactured
failure to warn
A plaintiff must prove the following:
1. A manufacturer has a duty to warn
2. Against dangers resulting from foreseeable uses about which it knew or should have known
3. That failure to do so was the cause of the harm.
How do I know if i have an injury case?
Where you have been homebound or bedridden for several months, there is a great likelihood you can succeed in a personal injury lawsuit or claim.
How We Can Help You:
We realize that recovery from an accident or injury is the first issue on your mind. If you cannot travel to us, not a problem! We will travel to you. Your physical and financial recovery is our #1 concern! Our firm has been covered by large media outlets such as the New York Post, New York Daily News, Newsday, ABC 7 Eyewitness News, Law360, and other publications because we are the best at what we do!
Cohen Montalto P.C. only represents injured persons and their families. We do not represent insurance companies and we never charge you for any costs associated with your claim. That means you will never pay any money out of pocket. To the extent we are able to settle or obtain a judgment on your behalf, our compensation is 33% of the total recovery after expenses are deducted.
More questions about personal Injury Law?
Got legal inquiries about personal injury law? Here are some frequently asked questions.
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For Commercial Litigation and Personal Injury Law cases, there is no legal fee unless we are successful in getting you money.