Our practice areas include, but not limited to the following:

• Personal Injuries
• Medical Malpractice
• Defective Product Liability
• Discrimination/Sexual Harassment
• Wrongful death
• Bankruptcy
• Commercial & Business Law
• Matrimonial Law
• Estate Planning

PERSONAL INJURIES

MOTOR VEHICLE ACCIDENTS

Auto accidents occur each day injuring people and damaging property. In most accidents, the matter is not minor, and can cost you significant amounts of money and significant personal sacrifice or pain. As you know, if you suffer a personal injury you'll likely require medical attention and may need rehabilitation, both of which cost money. You may lose income (and/or have to use up sick time) because of the injury, and while treatment and recovery takes place. You may have sustained property damage to your car and other property. As you can't drive your vehicle while it is being repaired, you may have to rent one, and car repairs and rentals can cost money. You may lose the ability to perform various activities of normal daily living, for a while or long term. You may endure pain and suffering.

The law allows you to seek recovery after an accident to "make you whole again." The central concepts is that you should be compensated in a manner that, as best as the law can arrange, places you back in the same position as you were before the accident.

In addition to normal compensatory damages designed to make someone whole in extreme cases "punitive damages" may be available if the injury was the result of someone else's reckless or irresponsible behavior, or if the cause of the accident or the extent of the injury was caused by something about the car that is dangerous (a defective product) that the manufacturer should have corrected.

What to do at the Accident scene?

DO

1. Make sure all passengers are out of the vehicle, safely away from the vehicle and oncoming traffic.
2. Call the police immediately, if you are able to. Also call an ambulance if anyone is injured.
3. If possible, put out reflectors at least 300 feet towards oncoming traffic.
4. Make sure you record the other person's driver's license, registration and license plate number.
5. If there are witnesses, get their names, addresses and phone numbers.
6. Make short notes about the accident.
7. Report the accident to your insurance agent or company within 24 hours.

DON'T

1. Don't make any statements about the accident to anyone but the police.
2. Don't accept any informal settlements.

What to do after the accident?

1. If you are injured, seek proper medical attention, then notify your insurance agent and report the accident.
2. Take pictures of your car and the other car involved. If the vehicles were towed, the police report can tell you where the cars can be found. Take pictures of the location where the accident happened.
3. Beware of claims investigators from the other driver's insurance company calling on the phone and asking questions or requesting telephone-recorded interviews.
4. Speak to a lawyer before giving any statements.
5. Also beware of insurance companies who call or send you a brochure or tell you that you don't need a lawyer. Claimants who are represented receive two or three times the amount of unrepresented claimants.
6. File a form known as MV-104 with the Department of Motor Vehicles (DMV). In most states, a driver involved in an accident must file a report with the appropriate State Registry of Motor Vehicles within a certain time-frame after an accident if there are personal injuries or property damage involved. Failure to file an accident report may result in loss of your driver's license and/or a fine.
7. It is important to know your legal rights. Many lawyers provide free legal advice for accident cases. Contact and/or hire a lawyer if you are involved in an accident.

Why a lawyer?

Our country is filled with reckless drivers and complicated laws, thus, the decision to hire an attorney when involved in a car accident remains a big concern for many. How do you know when it is the right time to look for legal help and how do you find the right lawyer to suit your needs?

First, you must examine whether you can resolve the situation without the help of an attorney. If it is a situation where you are looking primarily to get your medical bills and/or property damage to your vehicle paid for, you most likely will not need an attorney to resolve these issues.

Second, should your intentions be to sue for personal injuries, including compensatory damages, loss of earnings and pain and suffering, hiring an attorney who specializes in personal injury matters is a wise decision. Placid & Emmanuel, P.C., is one of such law firms.

Third, whether you choose to retain an attorney, or handle a personal injury matter without legal counsel, you must know that each state have their own strict statute of limitations. Failure to follow these strict time limitations will bar you from suing for personal injuries forever. Generally, in New York you have 3 years from the date of the accident to file a lawsuit.

Attorney fees?

Most attorneys who practice in the area of personal injury and negligence law usually charge a contingency fee. A contingency fee is the payment to an attorney a percentage of the plaintiff's net recovery. In other words, under the contingency fee agreement, an attorney will only receive payment for his/her services, if, and only if, the plaintiff receives compensation by either settlement or jury verdict in a negligence matter. If the plaintiff fails to receive compensation by a disfavorable jury verdict or dismissal of his/her case, the attorney will not receive any payment for the work he/she performed.

Most attorneys in New York charge 33.33% contingent fee. However, the percentage of the net award that the attorney receives is based on individual agreement the plaintiff has with his attorney.

Finally, despite vast criticism for this type of payment system, contingency fees permit every American, regardless of wealth, intelligence or social standing, an opportunity to pursue a lawsuit against any person, company or corporation who commits negligence or a tort offense.

PREMISES LIABILITY

What is Premise Liability?

A business owner has a duty to provide a safe place for its employees to work and its customers to visit. Claims against companies for injuries resulting from the criminal violence of third parties on the companies premises has increased dramatically over the past 10 years. Because the perpetrator of a rape, armed robbery, or murder is often not apprehended (or even if he is apprehended he is usually judgment proof), victims are seeking compensation for their injuries from the employer or landowner.

A recent study of premise security liability throughout the United States found that the main targets of these lawsuits were residential apartment building owners and hotel and motel owners. Retail owners, restaurants and bars, as well as a few other types of businesses made up the remaining 44% of companies sued for inadequate premise security liability.

Although a landowner has no legal duty to protect another from the criminal acts of a third person, a landowner's duty may arise when the criminal conduct of a third party is the foreseeable result of a landowner's negligence. When criminal conduct of a third party is foreseeable, the landowner has a duty to prevent injuries to invitees if it reasonably appears or should appear to them that other innocent persons may be injured on the property.

If a business is in a high crime area, then the business should hire a safety consultant to conduct an inspection. Through this inspection the consultant can determine the feasibility of taking additional safety measures. These measures can include installing security guards and security gates, security surveillance and alarm systems. Less expensive measures include installing proper locking devices on all doors. Additionally, in especially high crime areas, hotels and motels may have a duty to warn customers about the high-crime nature of the neighborhood and the importance of taking extra safety precautions to avoid being the victim of a crime.

Crime victims: Rape, Assault, Sexual Abuse

These cases require immediate attention and expertise because the responsible third party is often difficult to locate and the evidence may need to be preserved. These cases often involve complex legal analysis to determine possible damages. Premises Liability cases also involve incidents of negligent security, especially when a serious crime or attack occurs that could have been prevented through better security conditions.

Window Guard Law

Many landlords ignore New York City's window guard laws and the consequences can be devastating both for the victim and the owner of the premises. Under the city's health code, apartment building owners must install window guards in every apartment where children ten-years-old or younger live. All apartment leases must include a notice informing tenants of the landlord's responsibility for the guards. These guards must be installed free of charge. They need not be installed on windows facing fire escapes or windows on the first floor.

To determine if there are young children in the apartment, the landlord must request such information from his tenants. In the event the tenant does not respond, the landlord is supposed to inspect the apartment. The owner is also obligated to write to all his tenants every January, advising them that window guards are required to be installed by the landlord. Tenants are obligated by the law to cooperate with the landlord on the installation of the window guards.

The window guard law dictates the proper design and method of installation of the guards. If the guards are not installed properly, the building owner can be subject to criminal prosecution.

Your have a right to sue the landlord if a child is injured because the landlord failed to comply with any part of this law, the parent has the right to retain a lawyer and bring a lawsuit against the landlord to recover compensation for the child's injuries or death. Placid & Bernard, P.C., can represent you if your child(ren) is needlessly injured in window accidents.

Elevator Accidents

Most of us feel a pang of fear in the pit of our stomachs when riding on an elevator that stops unexpectedly. Few experiences are more uncomfortable than being stuck in a stalled elevator. Usually, we arrive at our destination unscathed. Unfortunately, a serious accident can occur because of a broken elevator and you can be badly injured.

The most common accidents occur when an elevator lurches violently to a stop or drops several floors. People are also hurt when they trip and fall stepping into an elevator that is not level with the shaft door. If the door of an elevator suddenly closes as you enter or exit it, you can also be seriously injured.

Our partners have represented several clients who have been injured riding in poorly maintained or designed elevators. These accidents occurred in apartment buildings, offices and factories. Some of the cases were against New York City and New York City Housing Authority.

Under New York State law, the owner or operator of an elevator, usually a landlord, must exercise "reasonable care" to provide passengers with a safe ride. Elevators are supposed to be repaired and maintained so that no one is injured using them. If an accident occurred on an elevator that was not maintained properly, then our firm can bring a lawsuit against the owner or operator and the maintenance company hired to service it. Note that New York State labor laws govern the operation of elevators in factories. Besides requiring factory owners to ensure their elevators are properly maintained, the law insists they provide adequate safety devices and lighting in elevator cars.

In New York City, most responsible landlords and legitimate elevator service companies carry insurance coverage for losses and claims arising out of the use of elevators. In the event the landlord is held responsible, the insurance company pays for the loss. If you or someone in your family has been injured riding in an elevator, you are welcome to contact us and we will be happy to review your case.