Law Office

Daniel A. Zahn, P.C.

631-471-3851

Legal Malpractice

 Medical Malpractice

 Wrongful Death

 Serious Personal Injury

 Appeals

Personal Injury & Wrongful Death

 

                                                                               PERSONAL INJURY

 A serious injury or even death can happen in only seconds. Such an event can have a tremendous financial and emotional impact for years to come. If you or a family member has been seriously injured or has passed on because of an accident or mishap, you need to learn what legal rights, remedies and options are available under the laws of New York. When such an event was caused by any negligence, even if that negligence was only a part of the cause, the law permits recovery for the harm done.

From the very beginning we carefully and persistently prepare each client’s case for trial. If in the interim, the case is fairly resolved to compensate our client our goal is accomplished. If not, the Insurance companies are well aware that we will actually reject their low ball offer, select a jury, proceed to verdict and judgment and even appeal some of our client’s cases. We work very hard to timely identify and fully prosecute all our clients’ negligence claims in every single law suit we accept and file.  

Legal claims for injury, death and property damage because of negligence or the intentional conduct of another have been with us for hundreds of years. Negligence can be simply defined as the failure to act how a reasonable person would have acted under similar circumstances. It is not defined as how you or I would have acted under similar circumstances. The jury will ultimately determine if there was negligent conduct by another that caused you harm and if so, the amount of your damages.

Some accidents and situations that may cause serious injury and commonly involve negligence: 

  • INJURED BY AUTOMOBILE, BUS, MOTORCYCLE, BICYCLE, TRUCK OR OFF THE ROAD VEHICLES;
  • INJURED BY ASSAULT AND BATTERY, DRAM SHOP VIOLATIONS, UNDER AGED DRINKING OR FAILURE TO PROVIDE ADEQUATE SECURITY;
  • INJURED AS A PASSENGER, AS A PEDESTRAIN OR DUE TO DRINKGING AND DRIVING OR WHILE UNDER THE INFLUENCE OR BY DISTRACTED DRIVING;
  • INJURED BY HIT & RUNS OR WHILE HIGHWAY DRIVING            
  • INJURIES BY BOAT, JET SKI, SWIMMING POOL, ELECTRIAL OR CONSTRUCTION;
  • INJURIES AT SCHOOL, WORKPLACE, GOVERNMENTAL OR RESIDENTIAL OR COMMERCIAL PREMISES;
  • INJURED BY ANIMAL BITES OR ATTACKS;
  • INJURED BY EXPLOSIONS, FIRES, SLIP, TRIP OR FALLS;
  • INJURED BY AVIATION, RAIL ROAD, LIMO OR TAXI;  
  • INJURED BY FOOD POISONING;
  • INJURIES RESULTING IN SEVERE BURNS;
  • PROPERTY DAMAGE TO YOUR HOME, AUTOMOBILE, BOAT OR OTHER PERSONAL OR REAL PROPERTY.

If you or a loved one have been seriously injured in any of the above situations or in any other situation, you may have legal rights, remedies and options under the laws of New York, even if the injured party was partly at fault for their own serious injury. Remember, calling and speaking directly to Mr. Zahn is the best way to learn about your legal options and rights.

The general time frame for someone who has a serious injury that was not because of medical or hospital malpractice to commence a law suit is three (3) years from the date of harm. As is frequently common in the law, there are several exceptions to the general rule. One important exception to the general rule is when the negligent party was a governmental person or entity or a school. If you have any questions about this or any other exception that may apply to your particular situation, please contact our office so Mr. Zahn can personally answer your question(s) based upon the specific facts and circumstances of your situation. Time limitations are strictly adhered to and applied by the courts and the failure to comply with them can have serious consequences. 
 

WRONGFUL DEATH CLAIMS

A wrongful death case is prosecuted and proved in court the same way as any other negligence case. Often such a case is more serious than others because someone has actually passed on because of the negligence or medical malpractice of another. As in all other negligence cases, even if the deceased was partly at fault for their own passing, a wrongful death action may still be commenced if there is some negligence or medical malpractice of another.  

We build comprehensive wrongful death claims that cover everything the law permits the dependants and surviving family members to recover. The wrongful death claim may include the cost of all burial expenses, medical expenses, lost wages and other sources of income, retirement and pension benefits, medical insurance that was provided by your lost loved one and other financial and pecuniary losses they can no longer provide because of their passing on. The surviving family members also may have a right to claim non-financial losses for the loss of companionship, emotional support and the loss of parental guidance. These non-financial losses are often much more significant than any financial losses when your loved one passes on.

In addition to the “wrongful death” claim itself, the family may bring a claim for compensation for all of the conscious pain and suffering the deceased actually went through from the time of the negligent act up until the time when they actually passed on. Even if this time was only seconds, the pre-impact terror or the knowledge that they were going to be immediately seriously injured or pass on can be a significant portion of their damages.  

The general statute of limitations, the time a legal action must be filed with the clerk of the court for a wrongful death action is two (2) years from the date of passing on. The “conscious pain and suffering” claim must usually be brought within 3 years (for ordinary negligence against a non-governmental person or entity or school). Time limitations are strictly adhered to and applied by the courts and the failure to comply with them can have serious consequences. If you have any questions about any exception(s) that may apply to your particular situation, please contact Mr. Zahn who will personally answer your questions based upon the specific facts and circumstances of your situation.

Call us now if you believe that a loved one has passed on because of an accident or other mishap or because of medical or hospital malpractice and speak directly with Mr. Zahn who can answer your questions and concerns about your specific circumstances and situation. In the end, you will be glad you did.

    REMSENBURG                       HOLBROOK                      EAST SETAUKET
               44 Club Lane                                                                1597 Grundy Avenue                                                    342 Old Town Road
        631-728-4434                                              631-471-3851                                          631-331-4424 
           (By Appointment)                                                                                                                                                          (By Appointment)

WE CUSTOMARILY ADVANCE DISBURSEMENTS BUT THE LAW REQUIRES THE CLIENT BE ULTIMATELY RESPONSIBLE

The materials contained in this website are for information purposes only and not meant to be and should not be construed as legal advice. Viewing this website is not intended to nor does it create any attorney-client relationship.  Our practice and all information on this website is limited to the laws of the State of New York. This is attorney advertising.
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