Early one Sunday morning, on Madison Avenue between East 38th and 39th streets, an industrial air conditioner that was being transferred by a crane plummeted almost 30 stories after a cable snapped. Ten people were injured, including two construction workers and eight pedestrians, as a result of falling debris, according to a NBC New York report. Mayor de Blasio, who spoke at a press conference at the scene of the accident, announced the City would be conducting a full investigation as to the cause. If you or someone you know has been injured due to the negligence of another in a similar situation, contact the most aggressive accident attorneys Brooklyn has to offer.
Brooklyn Accident Basics
Accidents fall under the area of personal injury law. Generally, state law governs these cases. The exception is when an accident involves parties from different states or countries. In such instances, federal – or international – law may apply. Should this exception not apply, the personal injury case is then filed in the state in which the injury occurred. Some types of personal injury cases include car or truck accidents, work-related injuries, premises liability, medical malpractice, and industrial disease cases, among others. Below is what to expect if you or someone you know has been involved in an accident and is pursuing legal action.
- Initial consultation: before taking on your case, an attorney will inquire about the injuries, including needed medical treatment, other parties involved, and eyewitnesses. Legal fees and anticipated costs will be discussed prior to engaging in representation.
- Initiation of the lawsuit: pleadings will be filed and served upon the defendant(s) to the lawsuit. This action will generate numerous motions filed with the court by all parties to the case.
- Discovery and fact-finding: during this investigative stage of litigation, attorneys on both sides will pursue information by way of written discovery, document production and depositions. This can be the most argumentative part of the lawsuit.
- Pre-trial motions: there are several ways to end the case before it gets before a judge and/or jury, even though a case has already been filed. These motions include dismissals, summary judgment, and default judgment, among others.
- Settlement: because settlement is quicker and less expensive for all parties, the majority of lawsuits never make it to trial.
- The trial: this is the plaintiff’s opportunity to present the case and the defendant’s opportunity to refute it. After both sides have presented their arguments, a judge and/or jury will decide liability and compensation.
- Post-judgment: if a case is won, the court issues a judgment against the losing party.
- Appealing: most decisions by state and federal courts are subject to judicial review for any errors of law. It is likely that the losing party will seek appellate review of the unfavorable decision.
Experienced Accident Attorneys: Brooklyn
As one of the most aggressive and experienced accident attorneys Brooklyn has to offer, he can help you obtain compensation due to another’s negligence. Accidents occur to millions of Americans on a daily basis. These types of cases can be complex, as liability is not always clear. If you or someone you know has been injured in an accident because of the negligence of another party; knowledgeable and dedicated accident attorneys in Brooklyn should be contacted. The legal professionals at the Law Office of Jeffrey K. Kestenbaum serve all of New York, including Brooklyn and the Bronx and handle several different types of accident cases such as slip and fall, brain injury, auto, workplace, construction and premise liability. Contact or call (718) 237-5586 today to schedule your initial consultation.