Is It A Case?

Simply falling on someone’s property does not make a case.  The law requires that the injured party, the ‘plaintiff’, show that he or she fell because of a dangerous condition, and that whoever is responsible for the property created the condition, knew about it or should have known about it if they were exercising reasonable care, and failed to fix it.

Investigating The Scene

Very quickly after Kelvin called Carro, Carro & Mitchell, we went to the scene of the accident, along with a safety engineer. Kelvin recalled slipping on a dark area along the right side near the top of the ramp.  The ramp was wood, and had been constructed over a set of steps.  When we examined the ramp, we saw an area of dark, slimy mold.  That area of the ramp was under a fire escape and remained shaded in the shadow of the building throughout the day.  After a rainfall, water would continue to drip from the fire escape onto the ramp.  Because the building blocked the sunlight, dark green mold had formed on the ramp.  It was raining at the time of Kelvin’s accident.  When the mold on the ramp got wet, it was slimy and as slippery as ice.

The ramp had a handrail on only one side.  That’s okay on a narrow ramp, but on a wide ramp that single handrail might be too far away to be of help to someone who was losing their balance.  The ramp that Kelvin fell on was required by law to have two handrails.  We also measured the length and height of the ramp to calculate the slope – how steep it was, and determined that it was too steep and violated Building Code specifications.  All of this critical evidence was documented in photographs, to be used at the time of trial.

Investigation + Preparation  = Success

Experienced personal injury lawyers know that visiting the scene of the accident can be critically important.  A lawyer may uncover crucial evidence that might be changed or destroyed soon after the accident.  Examining the scene helps the lawyer picture how the accident happened, allowing him to begin to plan a litigation strategy.

In Kelvin’s case, having a winning litigation strategy prepared us to present a powerful case to the jury.  We knew we could prove that the building had dangerous conditions on the ramp which caused Kelvin’s injury, and that the owner was negligent in failing to make it safe.

Shortly before trial, and after intense negotiations, the insurance company for the building owner made an offer of $1,200,000 – fair and just compensation for Kelvin’s injuries.

The Winning Formula

At Carro, Carro & Mitchell, our experienced New York personal injury attorneys know that diligent investigation, thorough legal research and knowledge of the law, and years of experience formulating litigation strategy is the winning formula to obtaining a successful settlement or verdict after trial.

If you have suffered injuries as a result of a slip and fall accident and think you might have a case, call our office today at (212)213-5005 or fill out a contact form to schedule a FREE consultation.

On The Eve Of The Trial

Our client, “Dorothy” was driving east across lower Manhattan. As she passed through an intersection with a green light, a City vehicle, which had been stopped in a westbound lane, suddenly turned left through the intersection, striking Dorothy’s vehicle. Dorothy fractured her collarbone, and injured her neck and back.

Rules Of The Road

Most drivers know that a vehicle proceeding straight through an intersection has the right of way over an oncoming vehicle that makes a turn. The vehicle that is turning must yield, and wait until it is safe to proceed through the intersection. In Dorothy’s case, the driver of the City vehicle claimed that a long truck, stopped in the intersection, partially blocked his view of oncoming traffic. He testified that he waited patiently then slowly “crept” through the intersection, trying to peer past the truck. When it appeared clear, he decided to go, but then he struck Dorothy’s oncoming vehicle.

The City’s Defense

The City vigorously defended the case. They alleged that Dorothy was speeding, and that their driver was proceeding cautiously. The City claimed that he was not on an emergency call or urgent business, but was heading to a meeting and had no motive to rush. They also argued that he wasn’t responsible because the driver of the long truck which was sitting in the intersection had “waved him through”, indicating that it was safe to go. The City prepared a thorough defense, hiring several expert witnesses – an accident reconstruction expert to testify that the accident was Dorothy’s fault, doctors to testify about her injuries, and a vocational rehabilitation expert.

Critical Investigation

Our investigation revealed that the driver of the City vehicle was a relatively new employee. At the time the accident occurred, he was late for his first meeting with his high-ranking bosses. When we took his testimony, he admitted he did not have a clear view of on-coming traffic beyond the stopped truck, but “thought he could make it”. In settlement discussions, with lawyers for the City of New York, we showed that the reasonable conclusion a jury would reach at trial was that, under the pressure of being late for an important meeting, the driver didn’t wait until he could be sure that it was safe to go. He thought it was clear. He took a chance, a gamble. But he turned and struck Dorothy’s vehicle as it crossed the intersection. The fact that someone may have waived him through the intersection was no defense. The law holds the driver responsible for the operation of his vehicle and he cannot evade that responsibility by claiming he relied on someone else’s instructions or directions.

Settlement

To show the effect of the accident on Dorothy at her trial, we were prepared to bring her treating doctors to testify about her injuries, as well as an expert economist to testify about her lost income. In settlement conferences in court on the eve of trial, with the guidance of the judge, we obtained a settlement offer of $1,250,000, which was very satisfactory to Dorothy.

Getting Justice

Our New York personal injury lawyers are dedicated to getting justice for injured accident victims. Hard work, diligent investigation and a thorough knowledge of the law are essential for the preparation and successful resolution of your case, whether through a pre-trial settlement or jury verdict. Either way, we fight hard for maximum compensation for your injuries.

If you or a loved one has been injured in a car, truck or bus accident, call us today for a FREE consultation at (212) 213-5005. The sooner you call, the sooner we can start to work investigating your case.

Subway accidents happen all the time in New York City, and in many cases the victims are not responsible.

Expert New York subway accident lawyer Bartly Mitchell, comments on recent subway deaths in Queens. There are many reasons why these subway tragedies occur, and Bartly offers legal insight into these situations as well as the options for injured victims or survivors of someone fatally injured.

Four Tragic Deaths

On average, 150 people are struck by a train in the New York City subway system each year.  But in January of 2012, four people died in the New York subway system over a period of just 24 hours. While the incidents were unrelated, the number is staggering, and shows just how dangerous the New York subway system can be.

The subway is a necessary and a vital part of New York life.  The New York City subway system is said to be the sixth biggest in the world with more than 5,000,000 daily riders on an average weekday.  There are 468 stations and more than 600 miles of track.  New Yorkers rely on the subway to get them to work and to school.

According to the Wall Street Journal, the first death occurred when an elderly man fell down the station steps while trying to catch the R train at a station in Elmhurst, Queens very early in the morning. The death was ruled to be an accident. However, this situation illustrates the fact that many different kinds of dangers exist in subway stations. Slippery, broken, or dirty stairs can put many at risk of broken bones, head injuries, and in this case, death. In one of our previous cases against the Transit Authority, we obtained an $828,000 jury verdict for a Bronx woman who fell on broken subway steps and suffered ankle fractures.

Only a few hours after the fatality at the “R” station, a young man in his 20s named Brian O’Mara was struck by an L train near the Union Square station in Manhattan. According to news reports the young man was observed standing on the tracks before the accident. Investigators do not believe foul play was involved. Later the same day a third death occurred, though the actual time of death is somewhat unclear to investigators. An MTA employee found a body in the subway tunnel. This accident occurred on the tracks of the A line in Brooklyn.

The fourth and final death occurred in Manhattan, again on the L line. Around 10 P.M., passengers waiting on the platform witnessed an arriving train strike a man and pin him between the subway car and the platform at the Sixth Avenue station. It was unclear how the man got down onto the tracks.

The Dangers of the Subway

It has yet to be determined which of the deaths during this 24-hour period may have been accidental, and which may have been caused as the result of an intentional act by the victim, or foul play. Accidental deaths aren’t common on the New York City subway system, but accidental injuries happen all of the time. In many cases, the injuries are not the fault of the rider, but rather, may be the fault of the train operators or MTA employees. The leading New York subway accident lawyers at Carro, Carro & Mitchell understand that if someone is hurt in a situation which could have been prevented, Transit Authority negligence may be a factor. In this case, the victim, or their family, has the right to sue for compensation for the physical and emotional damage of any injuries sustained, or the financial burden from lost income, medical bills, and more.

In two recent tragic cases, victims were pushed from the platform into the path of a train entering the station.  If such an incident occurs suddenly, without warning, and close to the end of the platform nearest the approaching train, the court may find that the train operator had no time to stop.  However, Bartly comments that “…New York courts have found that where a train operator could have reasonably prevented the accident, but fails to exercise reasonable care to observe someone on the track and stop in time, then the Transit Authority may be held liable.”

Other dangers occur in the New York City subway system. Passengers have been caught in closing doors and dragged.  Riders have stepped into the gap between the platform and train and seriously injured.  Although it is rare, there have been a few serious incidents of subway trains colliding or derailing, causing deaths and serious injuries. Although crime on subways is down, people are still robbed and assaulted. Depending on the circumstances, the Transit Authority may be held responsible in a lawsuit.

Advice from a New York Subway Accident Lawyer

Whether you were injured because of the negligent operation of a train, a slippery platform, broken stairs or you are the victim of a crime, you may deserve compensation under the law.

The first thing to do is consult a qualified New York subway accident lawyer. You need a lawyer with experience representing victims who have been injured on a train, or in a station. Here at Carro, Carro & Mitchell, our lawyers have decades of experience successfully representing New Yorkers injured in the subway. We are dedicated to helping victims fight for their rights, and committed to obtaining an award that will help provide for the victim and their family.

Critical Time Limits

Any claim against the MTA or New York City Transit Authority must be filed within 90 days of the injury.  If you fail to file within 90 days, you must ask the Court to extend your time, and an extension may not be granted.  A Summons and Complaint must be filed and served within one year and ninety days of the injury.  If you fail to meet these deadlines your claim will be dismissed.  You need lawyers experienced in New York City subway cases who know the law, to make sure your rights are protected.

If you or someone you know has been injured in an accident in the subway system, call us now at (212) 213-5005 to schedule a free consultation.

Read these other blog posts on a crane crash and a ferry crash with expert legal commentary.

Queens Crane Collapse

Expert New York City accident attorney Bartly Mitchell offers his legal commentary on the crane accident that occurred on Wednesday, January 9th 2013 in Long Island City, Queens. Mitchell provides a trial lawyer’s insight into the carelessness that causes dangerous construction site accidents, and outlines the legal ramifications.

Crane Collapses on Building Under Construction

A 300-foot crane collapsed suddenly around 2:30pm on Wednesday afternoon with little warning, and seven construction workers were trapped beneath the twisted metal. Several workers were transported to the hospital to receive treatment for broken bones, although none of the injuries were considered ‘life threatening.’ A Deputy Chief from the Fire Department said that an investigation was under way to determine the cause of the collapse. Witnesses reported that cables snapped, causing the crane to collapse onto the framework of a luxury residential tower under construction.

The Dangers of Construction Sites

The crane involved in Wednesday’s collapse was owned by New York Crane. The collapse of the 300-foot high crane could have caused a devastating loss of life. It is only due to good luck, and the quick reaction of construction workers that they were spared death. That wasn’t the case in 2008 when a crane that collapsed on the East Side of Manhattan, also owned by New York Crane, left two people dead.

After years of experience working on construction sites, and representing injured construction workers, New York City accident attorney Bartly Mitchell is aware “…that workers and pedestrians around constructions sites are at constant risk. Contractors may try to cut costs by hiring unqualified companies to supply or make repairs to machinery, operators may use equipment beyond it’s capacity, or proper safety measures and inspections meant to ensure a safe environment are ignored. Although certain jobs on a construction site are inherently dangerous, accidents are almost always the result of someone’s negligence, the failure to follow safety rules, or the failure to provide proper safety equipment.”

New York City Accident Attorneys Understand the Regulations

There are many laws in place with the purpose of protecting workers and civilians at and around construction sites, particularly because construction accidents can have very tragic consequences. The resulting catastrophic injuries, or fatalities cause crushing financial and emotional strain on both the victim and their family. Expert New York City accident attorneys, like Mitchell, are very familiar with the legal protection afforded to victims of construction site accidents by the New York Labor Law. Several sections of the Labor Law are designed to keep construction sites safe, by imposing a non-delegable duty on construction site owners and general contractors to ensure that workers are given protection from elevation-related hazards. Procedures and equipment should be in place to protect workers from falling, and from being struck by falling objects. Owners and contractors must obey safety codes, which are designed to keep workers and the public safe.

Fighting for Your Safety and Your Rights

Although there are strong laws which give workers the right to recover in a lawsuit if they are injured, it’s not always easy for construction accident victims to prove their case. The successful New York City accident attorneys at Carro, Carro & Mitchell know which contracts, documents, notes, and logs – of site safety meetings for example, must be obtained and analyzed. An experienced attorney knows when and how to consult with safety, mechanical or electrical engineers to help prepare a case, or to testify at trial. It is important for a construction site accident attorney to take immediate steps to gather important evidence by investigating the site, speaking with witnesses, obtaining accident and OSHA reports, etc., to strengthen the case.

Taking Action with a New York City Accident Attorney

Anyone who has been a victim of a construction accident should contact a New York City accident attorney quickly, to find out your rights and to ensure that a claim is filed or lawsuit is started before any deadlines, which could keep you from recovering compensation.

At Carro, Carro & Mitchell, we have a long record of very successfully representing construction site accident victims. If you or a loved one has been involved in an accident, call us now at (212) 213-5005 for a free consultation. The sooner you bring your case to us, the sooner we can get to work, getting you the compensation you deserve.

Our New York City accident attorneys have discussed other recent accidents in the news, such as the Jenni Rivera Plane Crash Accident and the Lower Manhattan Ferry Crash.

Victims of the Ferry Crash

Leading New York City accident attorney John Carro discusses the Wednesday, January 9^th 2013 Seastreak ferry crash. The ferry slammed into a pier while attempting to dock in Lower Manhattan. Carro cites the ferry’s accident-prone history as possible evidence of negligence and comments on the potential legal repercussions.

Ferry Crash Startles Morning Commuters

Wednesday morning at approximately 9 AM, seventy-four passengers were injured in the crash at Pier II at South Street and Gouverneur Lane. The crash prompted a massive response on the part of NYPD and FDNY fire, medical and rescue units. At the scene they treated multiple injuries from broken bones to spinal injuries and severe lacerations. Of the 74 injured, 2 victims were described as being in “critical condition” with serious head wounds, while 9 others were in “serious condition”. Police reported that there were 326 passengers and 5 crewmembers aboard when the crash occurred.  The catamaran-style ferry makes daily trips from Manhattan to Central Jersey and has a capacity of 400 passengers.

New York City Accident Attorney Raises Questions

New York City accident attorney John Carro, a partner at the firm of Carro, Carro & Mitchell, citing the ferry’s history of accidents, and descriptions of the crash, blamed negligence as the probable cause: “Weather conditions were calm. Either there was human error in the operation of the ferry, or there was a mechanical failure. Mechanical failure is almost always the result of not properly maintaining or inspecting critical components, whether we are talking about a ferry, a plane, a bus, or a crane. If you are responsible for transporting hundreds of people across the water, the law requires a very high standard of care.”

Carro, an experienced New York City accident attorney who has frequently appeared on television as an expert legal commentator, said that the ferry’s recent operating record was troubling. According to Coast Guard records the Seastreak Wall Street has been involved in at least three other collisions while docking, in 2006, 2009 and 2010. News accounts of the crash on Wednesday referred to complaints by the crew of difficulty operating the ferry since a new propeller system was installed last summer.  Carro stated “taken together, this history raises serious questions about responsibility for the crash. The exact cause or causes must be determined so that steps can be taken to prevent future similar accidents. And those injured people have the right to know how and why they started off for work and instead ended up in an ambulance.”

Working to Protect the Public

For many New Yorkers, the ferry accident on Wednesday stirred disturbing memories of the tragic 2003 Staten Island ferry crash, which killed 11 passengers and injured 70 others.  When someone is injured because of the negligence of another, they often require expensive hospital, medical and rehabilitation treatment. The law provides that the guilty party must be held responsible for their negligent acts. Injured New Yorkers can get the legal help they need from the expert New York accident attorneys at Carro, Carro & Mitchell.  We will fight hard to win the compensation accident victims deserve for their pain and suffering, lost earnings and medical expenses.

If you or someone you know has been hurt in an accident caused by negligence, call us today at (212) 213-5005 for a free consultation. You deserve a fighting chance, and we can help.

Other recent news stories include the Jenni Rivera plane crash accident, and the Queens crane collapse.

Latin singer, Jenni Rivera (born Dolores Janney Rivera on July 2^nd, 1969), was killed in a plane crash in Mexico on December 9^th, 2012 at the age of forty-three. Rivera was born in Long Beach California, to Mexican immigrant parents. She was the mother of five, having given birth to her first child at the age of fifteen. Rivera was married three times and filed for divorce shortly before the crash.

Rivera’s tenth studio album Jenni (2008) became her first number-one album on the Billboard Top Latin Albums chart. In addition to being a singer and songwriter, Rivera also appeared in and produced television shows such as Jenni Rivera Presents: Chiquis & Raq-C, I Love Jenni, and Chiquis ‘n Control. Her debut film, Filly Brown, is scheduled for release in 2013. Rivera was one of the biggest stars in the Latin community, and her career was groundbreaking. She was a  3-time Grammy nominee and was the first female Mexican artist to sell out the Staples Center in Los Angeles.

The Tragedy of a Latin Sensation

Rivera’s fatal flight took off from Monterrey, but ten minutes into the flight the private jet carrying Rivera fell off the radar. Six others besides Rivera were killed in the crash, including two pilots. The plane was owned by Starwood Management. Starwood’s operations manager, a man named Christian Esquino speculated that the 78 year-old pilot suffered a heart attack and that the co-pilot was incapable of saving the plane. But Esquino is currently under investigation by the DEA and Esquino has previously been convicted of creating false log books for aircraft he was selling.

Rivera’s sudden death has been a shock to her many heart-broken fans. An investigation by Mexico’s Transportation Secretariat together with the Federal Aviation Administration and National Transportation Safety Board is underway. It is estimated that it may take 9-12 months to complete the investigation.

It is likely that surviving family members will consult with attorneys to discuss suing on behalf of Jenni and her five surviving children. Jenni’s estate is entitled to sue on her behalf for the fear, known as pre-impact terror, she likely suffered before the out-of-control jet crashed. Her surviving children have claims for the loss of her guidance, love and financial support. Because of Jenni’s significant earnings, and the loss of potentially huge future earnings, that aspect of the case is possibly worth tens of millions of dollars.

How a New York Personal Injury Lawyer Can Help

A New York City accident attorney can tell you that although almost all aviation accidents are the result of human error or ‘fault’ in either piloting or maintaining the plane, not all lawsuits arising from crashes are successful. Some accidents, particularly those due to severe weather conditions or events such as lightning strikes are considered to be an “act of God” and not compensable. It is important to note though, that it may be negligent to make the decision to takeoff when it is known that extreme dangerous weather conditions may threaten the flight.

A successful lawsuit may be based on proving pilot error. Two well-known examples of plane crashes believed to be caused by pilot error are those of John F. Kennedy Junior and former Yankee pitcher Cory Lidle. Although Lidle’s widow sued the plane’s manufacturer for an alleged steering problem, a jury determined that the crash was caused by the errors of Lidle himself in piloting the plane.

Improper aircraft maintenance and repair may also be the basis for a lawsuit after a plane crash. From 1994 – 2004, improper maintenance was responsible for between one-third and one-half of fatal airline accidents in the U.S.

The New York personal injury attorneys at Carro, Carro & Mitchell are experienced in airplane crash cases. For example, we successfully sued on behalf of the family of a man killed in the tragic crash of American Airlines flight 587 on November 12, 2001. That flight departed Kennedy Airport bound for the Dominican Republic, but crashed moments after take-off killing all 260 people on board and 5 people on the ground in Belle Harbor, Queens. Investigation revealed that when flight 587 flew into turbulence caused by, the wake of a larger jet, the first officer over-reacted and excessively used and stressed the jet’s rudder, causing it to fail and actually detach from the jet, leading to loss of control and the crash. Carro, Carro & Mitchell obtained a successful settlement of $3.1 million dollars.

Getting the Justice You Deserve

At Carro, Carro & Mitchell, we express our deepest sympathies to the family, friends, and fans of Jenni Rivera, and the family and friends of the six other victims. It is a truly terrible loss of a beloved star.

If you or a loved one has suffered an injury through the fault of others, you may be eligible for compensation. Contact New York personal injury attorneys Carro, Carro and Mitchell for a FREE consultation today at (212)213-5005.

Experienced lawyers make a difference. Get a law firm with a former New York State Supreme Court judge on your side! No fee unless we win your case.

One of the most difficult aspects of a slip and fall case is being able to prove who was responsible for your accident and resulting injuries. Legally, the owners and occupiers of a building or store have a duty to ensure that it is safe for those who enter. This means that all areas of the property should be made hazard-free for anyone using it for a reasonable and legitimate purpose. New York slip and fall lawyers help ensure that building owners and occupiers keep them safe for members of the public.

Determining Fault in a Slip and Fall Accident

The law in New York holds the owner and occupier of a premises responsible for those accidents that arise from dangerous conditions they created, knew about, or should have known about, and failed to correct. Identifying the liable parties can be difficult. An inexperienced New York slip and fall lawyers might miss important deadlines before finding the right answer. But the experts at Carro, Carro & Mitchell work hard to find the party or parties responsible and hold them accountable for your injuries and financial damages.

As soon as they are retained, experienced slip and fall lawyers determine who owns and maintains a property.  Sources of information include documents in the county clerk’s office, municipal records, utility bills, rent bills, leases, etc. Law firm investigators may look at video from surveillance cameras and interview witnesses. The most important information is usually present at the time of the accident, and can be harder for New York slip and fall lawyers to track down days or weeks after the fact. If possible, it is best if the victim or someone nearby can take down relevant details, such as names and contact information for witnesses, staff or workers, and any details of the accident itself, such as time, exact location weather conditions, etc.  Now that many people carry cellphones equipped with cameras, a photograph or video of a dangerous condition taken before it is altered or repaired, can be critical evidence.

Some Questions That Must Be Considered When Determining Fault

• Was the victim engaged in a normal or reasonable activity when the accident occurred?
• Was the accident caused by something that was in plain sight or that was clearly visible, so that the victim could have avoided it
• Did the owner or occupier create or know of the dangerous condition, or was it present long enough so that they should have known, and fixed it?

Who is Liable?

The owner and the occupier of a property may be two separate parties, and their responsibility may be different in each case. An owner who is not regularly at the premises may try to deny liability claiming they weren’t aware of dangerous condition.  Or a tenant and owner may each claim it was the responsibility of the other to make a needed repair.    A New York slip and fall lawyer will likely file a claim against both, and then determine through investigation, depositions and the discovery process what responsibility each defendant had.

When attempting to prove that the owner or occupier had knowledge of a hazard on their premises it will be useful to determine how long the hazard had been in existence. For example, a floor tile that has been loose for months prior to tripping someone is viewed differently under the law from one that became loose shortly before the accident. The longer the dangerous condition was in existence, the stronger the case because it can be argued that the owner had a greater opportunity to learn of the problem and repair it.  Often, when someone has slipped on a spill in a supermarket aisle, the case depends on proving either that an employee created the spill or that the supermarket knew or should have known of it.

How a New York Slip and Fall Lawyer Proves Fault

In many cases, people who are injured in slip and fall accidents are embarrassed and reluctant to sue.  They are concerned that aggressive insurance company lawyers will “blame the victim” and refuse to make a fair settlement offer.  At Carro, Carro and Mitchell, our experienced New York slip and fall lawyers can examine the circumstances of the accident along with the medical records to assess the strengths, and potential vulnerabilities of your case.  At Carro, Carro & Mitchell, we are determined to uphold the rights of injured New Yorkers and ensure that they receive appropriate compensation from those responsible for their physical, emotional and monetary damages.

If you or a loved one has been hurt in a slip and fall accident, contact us now at (212) 213-5005 for a free consultation.

Experienced lawyers make a difference. Get a law firm with a former New York State Supreme Court judge on your side! No fee unless we win your case.

When an injury occurs, you’ve already got enough on your mind.  Insurance company attorneys may be asking you to sign papers. The police may look to question you about the circumstances of the accident. It’s vital that you have a New York personal injury attorney standing beside you during this difficult time

The Process of a Personal Injury Case

If you’re involved in an accident, remember the following:

• Collect the names of others involved, contact information of witnesses and any documentation such as photos. If a motor vehicle was involved, get the plate number and insurance information, if you are able.
• Write down all the details of the accident while your memory is fresh.
• Keep records of initial medical costs, doctor bills and lost pay at work.
• Advise your insurance company that you have been in an accident.
• You do not have to speak to an insurance adjuster or investigator for the party who caused your injury.  You should retain a lawyer to represent you and let your lawyer handle these communications.

Be aware there are time limits and vital deadlines that must be met in filing a claim for personal injury. In some circumstances deadlines can be as short as 30 or 90 days. If you fail to act within those limits, you may well forfeit your rights to any compensation. You’ll need the services of a New York personal injury attorney to advise you on these limitations and ensure that all necessary papers are filed on time.

How a New York Personal Injury Attorney Can Help

When it’s time to meet with a New York personal injury lawyer, he or she will have a number of questions for you. First and foremost, your attorney will want to know your current medical state and whether the treatment you are receiving is adequate. In addition, the following issues will be brought up:

• The attorney will ask you to provide all of the information necessary to obtain accident reports, witness statements, photographs and anything else necessary to evaluate and prepare your case.
• The attorney will ask you to sign an authorization so he or she can access the medical records related to your accident.
• The attorney will inquire about your own insurance coverage and will want to know if you’ve been contacted by representatives of the other party’s insurance company, or anyone else, and about any comments you might have made to them about the accident
• The attorney will tell you about the firm and it’s experience with the type of case you have, explain the process of bringing a claim and lawsuit, and answer any questions you have.

Once a New York personal injury attorney decides to take your case, you will be asked to sign a retainer contract. The attorney can discuss with you the likely time frame of your case and explain the stages of a typical case.

Settling Your Personal Injury Claim

In many cases, personal injury claims are resolved by a settlement before a trial. This usually involves an offer from the defendant’s attorney or insurance company. A skilled, experienced attorney like one from the offices of Carro, Carro & Mitchell, LLP will offer important advice about whether the settlement offer is fair, taking into consideration the strengths and weaknesses of your case. Often there are many steps to settlement negotiations, and the defendants will only make their best offer if they know your lawyer has a successful trial record.  Many law firms imply that they are experienced trial lawyers, but if they are unable to settle your case, they send it to a firm with proven results – called trial counsel.  Many lawyers use Carro, Carro & Mitchell as their “trial counsel” for their biggest cases.  Before you chose a law firm, be sure they try their own cases, and have a record of obtaining successful verdicts.  You can see some of the results we have obtained on the Verdicts and Settlement page on this website.

If you or a loved one has been injured in an accident, contact us now at (212) 213-5005 for a free consultation.

Experienced lawyers make a difference. Get a law firm with a former New York State Supreme Court judge on your side! No fee unless we win your case.

In 1994-1996, our first years together as a law firm, we were incredibly fortunate to work closely with our friend Haywood Burns. Haywood was of-counsel to the firm and a constant presence in the office, despite his many other roles and obligations.

Haywood Burns was the former dean of the City University of New York School of Law and a long time civil rights advocate. His civil rights career began at the age of 15, when he helped integrate the segregated swimming pool in Peekskill, New York where he was born. Haywood was an Honors graduate of Harvard College and received his law degree from Yale. He was selected as Harvard Scholar in residence at Cambridge University in England in 1962. In 1964, while a Yale student, he participated in the Freedom Summer in Mississippi. He later became Assistant Counsel to the NAACP Legal Defense and Education Fund and worked with Martin Luther King, Jr. as General Counsel to the Poor People’s Campaign. Haywood was the founder of the National Conference of Black Lawyers and was the first African-American dean of a New York law school. Under his guidance, CUNY School of Law was first awarded American Bar Association accreditation.

Haywood used to joke that he and Judge Carro served together in the Army, the Navy, the Air Force and the Marines. In fact, in the early 1970s they were both named to a Department of Defense Civilian/Military Task Force on Racial Justice in the Military, which investigated discrimination in every branch of the armed forces. They remained friends forever after.

Haywood’s passion, good nature and wisdom were invaluable in our early years.

Haywood’s commitment to human rights led him to engage in struggles against racism and injustice in the United States and around the world. In 1996, while attending a conference on democracy and international law in Cape Town, South Africa, Haywood was killed when a truck ran a stoplight and struck the car in which he was riding.

Haywood’s death was a terrible loss for his wife Jennifer and his children. His passing was mourned in the legal and civil rights communities. He was so beloved by his students that it is not unusual, to this day, for one of us to be stopped in court by a CUNY Law graduate who wants to share a story of being guided by Haywood’s wise counsel, or of being inspired by his example.

We hope that our commitment to seeking justice for our clients, and to practice law with integrity, honors the memory of our friend Haywood Burns.

*Haywood’s name appears on our letterhead with the approval of his wife, Jennifer.

We understand that as people do their homework to find the best Brooklyn personal injury lawyer to represent them for their injuries, they are confronted with many lawfirm websites. After a while they must look very similar. Our most recent jury verdict is illustrative of who we are as attorneys and highlights how we are willing to fight to the end for what is fair. It is a testament to why we may be the best attorneys for your case.

JURY AWARDS $ 450,000 FOR SOFT TISSUE NECK INJURY

That was the headline of this reported case that CC&M partner John Carro tried this summer.  What is informative about this case is not the size of award. We have many other verdicts and settlements far in excess of this amount.  What is important is how we got to a jury verdict of $450,000.

The case involved Maria M., who was injured in a car accident.  Maria was out of work for 3 months. Fortunately, her employer paid her salary, so she did not lose any income.  Maria had no broken bones, but she had what doctors call a soft tissue injury, or “whiplash” to her neck. Her injury was causing her pain on a daily basis.  However, the diagnostic tests (MRI’s and EMG’s) were inconclusive.  They only showed a “minimal disc bulge” without any nerve involvement.  Maria’s pain was real however and she treated with her doctors for about 6 months.  She stopped only because her medical benefits were cut-off.  The insurance company for the defendant driver took a very hard line position due to the inconclusive tests and their own doctor’s opinion that the injury was minor and had fully resolved.

Attempts to settle were unsuccessful. The insurance company’s best offer at the start of the trial was $7,500.  The trial itself went quite well.  Maria made a believable witness, as did her treating doctor who testified that Maria had a permanent injury which partially disabled her.

The defendant’s doctor did not hold up well under our cross examination and discrepancies in his report and testimony were pointed out to the Jury. Thus, as the end of the trial there was a classic “who do you believe” scenario:  Plaintiff Maria and her treating doctor, or Defendant’s witnesses and their doctor.

As the trial attorney, I felt we had done our job and that the Jury was with us.  Foolishly the defendants didn’t see it that way and they continued to play hardball, with only a small increase in their insurance company’s settlement offer.

Maria had no problem turning the offer down. She felt as I did, that the offer was insulting and that we would do better with a Jury verdict.  And we did. After just ninety minutes of deliberation, the jury came back with a verdict of $450,000: $200,000 for past pain and suffering and $250,000 for future pain and suffering. Needless to say Maria and her family were satisfied that justice had been done.

This case illustrates who we are at Carro, Carro & Mitchell LLP. We took a case in which there was a real injury but that insurance companies don’t normally fear because of the inconclusive tests and their own doctor’s strong opinions. We believed in our client and her case and were very aggressive in our representation. As always when we believe it is in our client’s best interest, we were willing to go to trial. When at the time of trial we deemed the offer to settle inadequate, we didn’t back down. We not only won, but won big. This is the kind of representation we offer. When you contact us and we agree to take your case it is because we believe in your cause. Once retained, we do everything in our power and use our years of experience to bring the case to a satisfactory conclusion.

And when offers to settle are inadequate, we have no hesitation to bring the case before the jury.

Contact us now at (212) 213-5005 for a free consultation. We fight for the largest verdicts for accident victims every day.