Accident and Injury Frequently Asked Questions
Many accident victims are overwhelmed by their injuries, and the thought of a legal case can seem daunting. At Hofmann & Schweitzer, our legal team understands these feelings, and we’ve compiled our thoughts on many common worries here to help you get started finding the answers you need to protect yourself and your family. If you’ve been hurt in a construction, maritime, or railroad accident, browse our FAQs today.
- Page 11
Years of cumulative work and repeated motions at the railroad caused my injury. Do I still have a case?
My railroad injury has occurred because of years of cumulative work and repeated motions. It was not the result of a single accident. Could I still recover damages, and should I still contact a New York FELA lawyer?The answer to both of your question is yes. You may still recover damages for your railroad accident injuries, and you should contact a New York FELA lawyer if you’ve been injured in a New York or New Jersey railroad accident.
Railroad workers are at particular risk of suffering from cumulative injuries because of the nature of their work. Cumulative injuries can be as serious as acute injuries that happen in a single accident.
The Federal Employers Liability Act (FELA) gives injured railroad workers the right to sue their employers if they are injured on-the-job. FELA damages may include compensation for cumulative injuries are not limited to acute injuries.
If you have suffered a cumulative injury because of your repeated work on the railroad, then you may be entitled to damages. However, your employer may not readily provide you with the compensation that you deserve. For that reason, it is important to contact an experienced New York FELA attorney to learn more about your rights and so that your New York City FELA lawyer can advocate for your fair and just recovery.
Contact us online or call us directly at 1.800.362.9329 to schedule your free consultation.
As a New York FELA attorney, do you have any suggestions about railroad safety that I should share with my child?
My teenager wants to take the New York subway alone. We've talked about general safety issues and I believe he is ready to do this. As a New York FELA attorney, do you have any suggestions about railroad safety that I should share with my child?
Yes, you are right to be concerned both about general safety issues such as theft and violence and about specific railroad safety issues. Our experienced New York FELA lawyers recommend that you advise your teenager about safety issues that are specific to train travel.
For example, you should warn your child not to stand too close to the platform edge while waiting for the train. All it takes is one slip of a foot and one distracted person to bump into a teenager for the teenager to end up on the tracks were the dangers of moving trains and third rails are very real. Additionally, you should warn your child to sit down or hang on tightly while standing on a subway. A sudden stop could result in a serious injury. Finally, tell your child to watch the gap so that your child doesn't trip and fall getting off the train.
If you, or your child, have been hurt in a New York subway accident, then please call an experienced New York railroad attorney today for more information about how to protect yourself and your potential legal right to a recovery after an accident injury.
You can contact us online or call our office directly at 1.800.362.9329 to schedule your free consultation.
Who Investigates Subway Accidents
In order to recover damages from a subway accident, the injured party must know what caused the accident. Whether you are an MTA subway worker or passenger, the investigation into what caused your accident is important to both your personal recovery and to making sure that future accidents are prevented.
Generally, the MTA will conduct its own investigation into what caused the New York City subway accident. However, as an injured party, it is important not to rely on that investigation alone.
We encourage you to contact a New York subway accident lawyer at Hofmann & Schweitzer as soon as possible after your accident so that we can also investigate what caused your accident. We will review the facts of your case with you and explain how we plan to conduct the investigation. For example, we may talk to the conductor, subpoena records from the MTA, talk to eyewitnesses, and ensure that important evidence is preserved.
Call our office directly at 1-800-362-9329 or via our online contact form for more information.
Should I Push for the Federal Railroad Administration FRA to Investigate My New York Railroad Accident
The FRA has very specific guidelines that it uses when it decides whether or not to investigate a New York train accident. Not all New York railroad employee injuries will quality for an FRA investigation. However, that does not mean that New York railroad employees are without remedies.
Generally, an FRA investigation may be of interest to an injured railroad worker and may impose sanctions or corrective action on a railroad employer. However, in many cases an injured railroad worker will need to pursue damages independently. This can be done regardless of whether an FRA investigation was completed and regardless of the results of an FRA investigation if one was done.
Your efforts to push for an FRA investigation may or may not be important. Before you can assess whether you should push the agency to investigate your accident, it is important to contact an experienced New York FELA attorney. The New York FELA lawyers of Hofmann & Schweitzer will make sure that your case is thoroughly investigated, and we will fight hard for your fair and just recovery.
Please call us today at 1-800-362-9329 or contact us online for more information.
Who Will Pay My Damages if I Am Hurt in a New York or New Jersey Railroad Crossing Accident?
That depends on who is injured and who caused the accident. Assuming that the railroad is liable for the accident, the railroad is legally obligated to pay damages resulting from the accident. If the injured party is a railroad worker, the Federal Employee Liability Act ( FELA) would hold the railroad responsible for damages. Even if the injured party is a train passenger or motorist, the railroad may still be liable for personal injury damages.
Damages may include compensation for past and future medical expenses, lost income, out of pocket expenses, and pain and suffering.
For more information about who may be responsible for paying your damages after a New Jersey or New York railroad crossing accident, please contact a New York FELA attorney or a New Jersey railroad lawyer for a free consultation. The railroad injury lawyers of Hofmann & Schweitzer can be reached at 1-800-362-9329 or via our online contact form.
My Child Was Hurt on an unsecured trampoline while trespassing. What should I do?
We are sorry to hear of your son’s injuries. It is hard to see your child hurting, even if you know that your child technically did something wrong.
That said, your child may not be the only one at fault for his injuries. Property owners have a responsibility to keep children who may reasonably access their property safe from harm – even if those children are trespassers.
Thus, if your child has been hurt on someone else’s property it is important to contact a New York fall injury attorney for help. Your New York personal injury lawyer will investigate what happened to your child, what the responsibilities of the landowner was, and will explain your rights and possible recovery to you.
In some cases, an experienced premises liability attorney may be able to help your child recover damages for things such as past, present and future medical expenses, rehabilitation costs, out-of-pocket expenses, pain, suffering and other damages.
In order to learn more about your child’s rights, please contact our New York City law firm today at 1-800-362-9329. Additionally, please accept our best wishes for a fast and complete recovery for your child from his trampoline fall injuries.
Is Someone Else Liable for My Broken Wrist?
That depends on how you broke your wrist. Someone else, specifically the owner or manager of the property on which you broke your wrist, may be liable for your injuries in certain situations. Specifically, the owner or manager of the property will be legally responsible for your injuries if they were negligent in the construction or maintenance of the property. For example, if there was a defect in the property that was known, or should’ve been known to the property owner or manager, and the property owner or manager did not take appropriate steps to warn you of the defect or to protect you from it, then you may be entitled to damages for the broken wrist injury you sustained in your New York or New Jersey slip and fall accident.
For more information about your right to damages, please contact a New York premises liability attorney at Hofmann & Schweitzer to discuss your case. We can be reached at 1-800-362-9329 or via our online contact form.
If I'm Hurt in an Apartment Building Who Is Liable for My Injuries?
It depends on how you were hurt. There are situations in which the property owner, the landlord, or another tenant may be responsible for your injuries.
A New Jersey or New York premises-liability lawyer will investigate the cause of your accident and determine whether the property owner and landlord knew of, or should have known of, the risk of injury. If they did know, or should have known, about the risk, then they may be liable for not taking steps to address the danger.
However, if your injury happened in a tenant’s apartment and the landlord or property owner should not reasonably have known about the risk that was created by the tenant, then they may not be liable for your injuries.
If you’ve been hurt on someone else’s property then it is important to pursue damages against the correct defendant(s) in order to protect your potential recovery. Contact us online or call us directly at 1.800.362.9329 for more information about your rights.
Do I Have a Slip and Fall Case?
Some slip and fall injuries result from a simple case of bad luck for which no one is to blame, but some slip and falls are caused by the negligence of others. If you have been involved in a slip or trip and fall accident in New York or New Jersey, then it is important to know when you may have a potential lawsuit and when you do not.
Generally, you may be able to recover damages if the reason that you slipped or tripped and fell was because a property owner or manager failed to correct a problem that the owner or manager knew, or should have known, about prior to your accident. Your New Jersey and New York slip and fall injury attorney will look to see if the property owner or manager had a legal duty of care to prevent your injury and whether that duty of care was breached; thus, resulting in injuries from a slip and fall accident.
It is always important to contact a New York and New Jersey premises liability lawyer after an accident so that your lawyer can evaluate your case and advise you as to whether you have a slip and fall case. Contact us online or call our office directly at 1.800.362.9329 to schedule a free consultation.
Is There Some Kind of Report That Should Be Filled Out if Im Hurt in a New York Slip and Fall Accident?
Maybe. Unlike motor vehicle accidents, New York slip and fall accidents are typically not reported to the police so there is unlikely to be any official police report of the accident, though it is possible in some cases. Also, if you were hurt on the property of a private residence there is unlikely to be any official report of your accident injuries.
However, if you fall and get hurt at a New York store or business, then there may be a report of your accident injuries. Some, but not all, stores and businesses have internal policies that require workers to fill out injury reports if anyone is hurt on the property.
If an accident report exists, then your New York premises liability attorney will get a copy and review the report. However, the absence of such a report does not mean that you cannot recover damages. Whether or not there is a report, your New York slip and fall lawyer will carefully investigate your potential claim and advise you of your legal rights and possible recovery.
For more information about your rights after a New York slip and fall, please contact a New York injury lawyer at 1-800-362-9329.