Accidents & Personal Injury
At Coughlin & Gerhart LLP, our personal injury practice is centered on the idea that people who have been the victim of another party’s negligence should receive full compensation for their injuries and other financial losses. We recognize that anyone who is involved in an accident never expects to require the services of a lawyer, and for many, the experience can be an overwhelming one. We aim to change that.
People in New York’s Southern Tier and Northern Pennsylvania choose our firm because we offer the resources that only a larger firm can. These include highly experienced trial attorneys with a strong record of negotiation and courtroom success, and access to medical and accident experts whose analysis and testimony can significantly strengthen an injury claim. Coughlin & Gerhart LLP has the financial resources to prepare powerful cases and to resist “low ball” settlement offers from insurance companies, which some firms find tempting. At the same time, we provide our clients with one-on-one interaction with their attorney(s), and our size allows us to ensure that anyone who seeks our advice receives attentive, personalized service from an experienced lawyer and legal staff.
With our experience and independence, we can stand by you as long as you need us, so you can be sure we’re always acting in your best interest. Of course, we offer free consultations and contingent fee arrangements — meaning that we are paid our fee only if you recover damages.
Our Commitment To Clients In Upstate New York And Northern PA: Your Recovery
At Coughlin & Gerhart LLP, accident and personal injury matters are the focus of a few highly experienced lawyers, with an impressive track record in negotiation and in court verdicts. We represent people injured in all manner of incidents involving negligence. Among the most common cases we handle include:
- Motor Vehicle Accidents, including car crashes, pedes trian knock downs, motorcycle accidents, and collisions involving large trucks
- Property Liability, including slip/trip and fall claims caused by the failure to take care of property
- Wrongful Death, due to the carelessness or negligence of another person or company
- Construction and Work-Site Accidents, including injury from falls from heights, electric shocks, and Labor Law/OSHA violations
- Product Liability, when machinery or other products cause serious injury due to the lack of guards, warnings, or bad designs
- Medical Negligence, resulting in serious and permanent injury
- Dog and Animal Bite/Attack, resulting in serious injury to a loved one
Personal Injury FAQ
Why should I choose a personal injury lawyer near me?
Choosing a personal injury lawyer near you offers several key advantages. First, proximity allows for easier and more frequent face-to-face communication. This direct interaction fosters better understanding, trust, and a stronger attorney-client relationship. Being able to meet in person also ensures that your lawyer fully comprehends the specific details of your case, leading to more personalized and effective representation. Coughlin & Gerhart has offices in central New York and northern Pennsylvania, and we would be glad to meet with you to discuss your case.
Laws can vary from state to state or even within different cities, and a local attorney such as Coughlin & Gerhart will possess comprehensive knowledge of the legal and geographic landscape in your area. This familiarity enables us to navigate local court systems efficiently and craft a legal strategy tailored to your jurisdiction’s unique nuances.
Coughlin & Gerhart has established relationships with local medical professionals, investigators, and experts. This network can prove invaluable in gathering evidence, assessing the extent of your injuries, and building a strong case on your behalf.
What damages can I recover in a personal injury lawsuit in New York?
In a personal injury lawsuit in New York, you may be eligible to recover various types of damages. The specific damages available will depend on the circumstances of your case, the extent of your injuries, and the resulting impact on your life. Here are some common categories of damages:
Economic Damages: These are tangible losses that can be quantified, such as medical expenses (current and future), lost wages, rehabilitation costs, property damage, and any other out-of-pocket expenses directly related to the injury.
Non-Economic Damages: These include intangible losses that are more challenging to assign a monetary value to, such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium (damage to spousal relationship or companionship).
Punitive Damages: Although extremely rare, in certain cases involving egregious conduct or intentional harm, punitive damages may be awarded to punish the defendant and deter others from similar behavior. However, New York has a high threshold for awarding punitive damages, generally requiring a showing of intentional or wanton misconduct.
Can I still file a personal injury claim if I was partially at fault?
Yes, you can still file a personal injury claim even if you were partially at fault for the incident. In many jurisdictions, including New York, the legal principle of “comparative negligence” applies.
In New York, specifically, the rule of “pure comparative negligence” is followed. This means that even if you were partially at fault, you can still seek compensation for your injuries. However, the amount of damages you can recover may be reduced in proportion to your percentage of fault.
For example, if you were found to be 30% at fault and the total damages awarded in your case are $100,000, your recoverable amount would be reduced by 30%, resulting in $70,000.
It’s important to note that insurance companies and defendants may attempt to shift more blame onto you to minimize their liability. This is why having strong legal representation is crucial. A personal injury lawyer at Coughlin & Gerhart can gather evidence, assess liability, and advocate on your behalf to ensure that your level of fault is fairly determined and that you receive the maximum compensation available given the circumstances. Our attorneys are experienced in dealing with these tactics and have the tools and expertise to advocate on your behalf.
How long does a personal injury case typically take to resolve in New York?
The duration of a personal injury case in New York varies depending on several factors. No two cases are the same. Generally, in any lawsuit there may be a dispute as to the other party’s fault, your level of fault, and the extent of your injuries and how they are related to the accident. To the extent these issues are simple or not in dispute, a personal injury case can be resolved without the need to file a lawsuit.
Another factor that may affect the length of a personal injury case is the extent of the injuries. Some serious injuries may require several months or years of medical care. Until that time, the extent of your damages may be unknown and ever increasing.
Other factors that impact the timeline include case complexity, negotiations with insurance companies, court schedules, and the possibility of trial proceedings. Each case is unique, making it challenging to provide an exact timeframe.
Cases that that end up in court may have to go through several phases, including trial, before a resolution can be reached, which may be more time consuming. Settlement negotiations may still occur during these phases.
It is important to consult with an experienced personal injury law firm like Coughlin & Gerhart who can evaluate the specifics of your case and provide a more accurate estimate of the timeline based on our experience and knowledge of the legal system. We will work diligently to resolve your case efficiently while ensuring your rights are protected and seeking fair compensation for your injuries.
Can I settle my personal injury case out of court?
Yes, it is possible to settle a personal injury case out of court. In fact, the majority of personal injury cases are resolved through settlement rather than proceeding to trial. Settling out of court can have several benefits, including saving time, avoiding the uncertainties of trial, and reducing expenses.
During settlement negotiations, you and your attorney, along with the opposing party or their insurance company, will engage in discussions to reach a mutually agreeable resolution. This may involve negotiating a monetary compensation amount that adequately covers your damages and losses.
Settlement offers can be made at any stage of the legal process, from the initial demand letter to pre-trial negotiations. It is important to consult with your attorney, who can guide you through the negotiation process, evaluate settlement offers, and ensure your best interests are represented.
What should I do if I’ve been injured in a car accident in New York?
If you’ve been injured in a car accident in New York, it’s crucial to take certain steps to protect your well-being and legal rights. Here’s a general guide of what you should do:
Seek Medical Attention: Your health and safety should be the top priority. Get immediate medical attention for any injuries, regardless of their severity. Prompt medical documentation will also be valuable for your potential personal injury claim.
Contact Law Enforcement: Report the accident to the police, and ensure they create an official accident report. This document will be useful for insurance purposes and when filing a personal injury claim.
Gather Information: Obtain important information from the scene, including the other driver’s contact details, insurance information, and vehicle registration. Additionally, collect contact information from any witnesses who saw the accident.
Document the Accident: Take photos or videos of the accident scene, vehicle damage, injuries, and any relevant factors like traffic signs or road conditions. This evidence can support your claim later.
Notify Your Insurance Company: Promptly inform your insurance company about the accident. Provide them with accurate details. You may get a call from the other parties insurance company. You should refrain to speaking to them or accepting any settlement without first consulting an attorney.
Consult with a Personal Injury Lawyer: Contact a qualified personal injury law firm such as Coughlin & Gerhart with experience in car accident cases in New York. We can evaluate your case, protect your rights, gather evidence, handle negotiations with insurance companies, and guide you through the legal process.
Remember, it is important to consult with an attorney as soon as possible after a car accident to ensure that important deadlines and legal requirements are met. We can provide personalized guidance based on the specific circumstances of your case.
What should I do if I’ve been injured on someone else’s property in New York?
If you’ve been injured on someone else’s property in New York, it’s important to take certain steps to protect your well-being and legal rights. Here’s a general guide on what you should do:
Seek Medical Attention: Your health and well-being should be your immediate concern. Seek medical attention for your injuries, even if they seem minor. Prompt medical documentation is crucial for your potential personal injury claim.
Report the Incident: Notify the property owner, manager, or supervisor about the incident and your injuries. Ensure that they create an incident report and request a copy for your records.
Document the Scene: If possible, gather evidence from the scene. Take photographs or videos of the hazardous condition or defect that caused your injury. Capture the area’s overall condition, lighting, signage, or any other relevant factors.
Obtain Witness Information: If there were any witnesses to the incident, collect their names and contact information. Their statements may be valuable for supporting your claim later on.
Preserve Evidence: If the dangerous condition still exists, try to preserve it or document it in some way. This could be crucial evidence to demonstrate negligence or fault.
Keep Records: Maintain a record of all related documents, such as medical records, bills, receipts, and any correspondence with the property owner, insurance companies, or relevant parties.
Consult with a Personal Injury Lawyer: Contact a knowledgeable personal injury law form like Coughlin & Gerhart with experience in premises liability cases in New York as soon as possible. We will evaluate your case, notify the appropriate individuals and entities, advise you on your rights, and guide you through the legal process. Any delay could impact the preservation of evidence helpful to your claim.
It’s important to consult with an attorney promptly to ensure that important deadlines and legal requirements are met. We can provide personalized guidance based on the specifics of your case and work to protect your rights and seek compensation for your injuries.
What should I do if I’ve been bitten by a dog in New York?
If you’ve been bitten by a dog in New York, it’s important to take certain steps to protect your well-being and legal rights. Here’s a general guide on what you should do:
Seek Medical Attention: Your health and safety should be your immediate concern. Dog bites can lead to infections or other complications, so it’s crucial to have a healthcare professional assess the injury.
Identify the Dog and Owner: Obtain information about the dog and its owner, including their names, contact details, and address. If possible, gather witness information as well. Additionally, inquire of the owner and neighbors if the dog has ever bitten anyone else or acted aggressively.
Document the Incident: Take photographs of your injuries as soon as possible. Additionally, photograph the location where the dog bite occurred and any visible signs of negligence or inadequate control, such as broken leashes or inadequate fencing.
Report the Incident: Contact your local animal control agency or law enforcement to report the dog bite incident. Provide them with all relevant details and cooperate with their investigation.
Preserve Evidence: Keep records of any expenses related to your injury, including medical bills, prescriptions, and other costs incurred. Save any correspondence with the dog owner or their insurance company.
Consult with a Personal Injury Lawyer: Contact a knowledgeable personal injury law firm such as Coughlin & Gerhart with experience in dog bite cases in New York as soon as possible. We can assess your case, notify the appropriate individuals and entities, protect your rights, and guide you through the legal process. We can also help determine liability and seek compensation for your medical expenses, pain and suffering, and other damages.
Medical Malpractice FAQ
Why should I choose a medical malpractice lawyer near me?
Choosing a medical malpractice lawyer near you can offer several advantages when pursuing a medical negligence claim. Here are a few reasons why it’s beneficial:
Accessibility and Convenience: Selecting a local medical malpractice lawyer ensures easy access to legal counsel. You can have face-to-face meetings, attend court hearings, and communicate more effectively without long-distance complications.
Local Legal Knowledge: Lawyers practicing in your area possess valuable knowledge of local laws, regulations, and court systems. We are familiar with specific judges, opposing counsel, and medical experts commonly involved in medical malpractice cases. This familiarity can be advantageous in building a strong case strategy tailored to the local legal environment.
Established Networks: Local lawyers typically have a network of professionals, including medical experts, investigators, and consultants, who can contribute to your case. These connections can be invaluable in gathering evidence, analyzing medical records, and building a robust argument on your behalf.
Local Network and Resources: Coughlin & Gerhart has established professional networks and resources that can benefit your case. We have connections with local financial advisors, accountants, appraisers, and other professionals who can provide additional expertise and support when needed. These connections can be valuable in ensuring a comprehensive and well-rounded approach to your trusts and estates matters.
What constitutes medical malpractice in New York?
In New York, medical malpractice refers to the negligence or misconduct of healthcare professionals that results in harm or injury to a patient. To establish a medical malpractice claim in New York, the following elements must typically be proven:
Doctor-Patient Relationship: It must be shown that a doctor-patient relationship existed, meaning the healthcare professional owed a duty of care to the patient.
Standard of Care: The healthcare professional must have deviated from the accepted standard of care, which is the level of care that a reasonably competent healthcare provider would have provided under similar circumstances.
Breach of Duty: It must be demonstrated that the healthcare professional’s actions or omissions breached their duty of care towards the patient.
Causation: The breach of duty must be directly linked to the patient’s injury or harm. It must be shown that the healthcare professional’s negligence was a substantial factor in causing the harm.
Damages: The patient must have suffered damages, such as physical pain, emotional distress, additional medical expenses, loss of income, or other quantifiable losses.
How do I know if I have a valid medical malpractice case?
Consulting a law firm experienced in medical malpractice cases, such as Coughlin & Gerhart, is crucial to determine the validity of a medical malpractice case for several reasons:
Legal Expertise: Medical malpractice laws are complex and vary from state to state. We have in-depth knowledge of the laws and legal precedents specific to your jurisdiction. Coughlin & Gerhart can assess the viability of your case based on our expertise and experience.
Case Evaluation: An attorney will thoroughly review your medical records, gather evidence, and consult with medical experts to evaluate the strength of your case. We can assess whether the healthcare professional’s actions deviated from the standard of care and caused your injuries or harm.
Legal Strategy: A skilled attorney can develop an effective legal strategy tailored to the specifics of your case. We can advise you on the best course of action, including whether to negotiate a settlement or proceed to trial.
What damages can I seek in a medical malpractice lawsuit in New York?
In a medical malpractice lawsuit in New York, you may seek various types of damages, which can include:
Economic Damages: These are quantifiable financial losses resulting from the medical malpractice. They can include medical expenses (past and future), costs of rehabilitation or therapy, lost wages, and any other out-of-pocket expenses directly related to the injury.
Non-Economic Damages: These damages compensate for subjective losses, such as pain and suffering, emotional distress, loss of enjoyment of life, and mental anguish. Calculating non-economic damages can be more subjective and may vary based on the severity and impact of the injury.
Punitive Damages: In rare cases involving extreme recklessness or intentional misconduct, punitive damages may be awarded. Their purpose is to punish the defendant and deter similar behavior in the future.
Please contact Coughlin & Gerhart to schedule a consultation to help you understand the specific damages you may be eligible to seek based on the details of your case and the applicable laws.
Can I sue for medical malpractice in New York if I signed a consent form?
Signing a consent form does not prevent you from pursuing a medical malpractice lawsuit in New York. While consent forms indicate that you have been informed of the risks and potential complications of a medical procedure, they do not grant healthcare professionals immunity from liability if they deviate from the standard of care or act negligently.
In New York, healthcare providers are still obligated to provide treatment that adheres to the accepted standard of care, even if you have signed a consent form. If the healthcare professional’s actions or omissions fall below that standard, resulting in injury or harm, you may have grounds for a medical malpractice claim.
Can I file a medical malpractice claim against a hospital or healthcare facility in New York?
Yes, you can file a medical malpractice claim against a hospital or healthcare facility in New York. Hospitals and healthcare facilities can be held liable for the negligent actions of their employees, including doctors, nurses, and other staff members.
In New York, hospitals can be held vicariously liable for the actions of their employees under the legal doctrine of “respondeat superior.” This means that if a healthcare professional employed by the hospital acted negligently within the scope of their employment, the hospital can be held responsible for their actions.
Additionally, hospitals can also be held directly liable for their own negligence, such as inadequate staffing, failure to maintain proper protocols, or insufficient training and supervision of their employees.
Coughlin & Gerhart would be glad to evaluate the specific circumstances of your case and determine the potential liability of the hospital or healthcare facility involved.
What steps should I take if I suspect medical malpractice?
If you suspect medical malpractice, it’s important to take the following steps:
Ensure Your Safety and Health: If you are experiencing immediate medical concerns, prioritize your health and seek necessary medical attention.
Document Everything: Keep a detailed record of your medical treatment, including dates, names of healthcare providers involved, procedures performed, medications prescribed, and any adverse effects or complications you experienced.
Consult Another Healthcare Professional: If you are concerned you are not getting adequate treatment and care, seek a second opinion from a different healthcare professional to evaluate your condition.
Preserve Evidence: Gather and preserve any relevant evidence, including medical records, test results, prescriptions, and photographs of injuries or complications. These will be crucial in evaluating your case.
Consult with a Medical Malpractice Attorney: Coughlin & Gerhart can evaluate your case, provide legal advice, and guide you through the process. We can help determine if you have a valid claim and advise you on the best course of action.
Follow Legal Deadlines: Medical malpractice claims have specific time limits called statutes of limitations. Statute of limitations can vary depending on the specific circumstances of your situation. Some of these statute of limitations can be very short. Failing to file within the specified timeframe can bar you from pursuing a claim. We suggest that you contact Coughlin & Gerhart as soon as possible to avoid a missed deadline.