Personal Injury

There are many ways you can become injured as the result of someone's negligence or their failure to keep their property safe or provide a safe working environment. Those injuries can cause you to suffer physical pain and economic loss due to missed work and unexpected medical expenses. 

In order to protect you and your family from the consequences of an injury because of another party's negligence, you need lawyers with the knowledge and legal experience to properly present your claim for damages. 

FAQ's

Q. Do I need to speak to an attorney if I am involved in an accident?
A. It is essential to talk to an attorney as soon as possible to learn of your rights and to see that they are protected. Frequently, an insurance adjuster may contact you immediately following an accident, in an attempt to settle your claim for far less than you could receive in court.

Q. Can I recover my lost wages?
A. If you've lost work because of your injuries, you may recover back pay. It is a measure of your total damages, which includes pain and suffering.

Q. Why is it not in my best interest to cooperate with an insurance representative?
A. An insurance adjuster is seeking to obtain your release, and pay you far less for your injury than you may be entitled. Their job is to help their employer and the person who caused the injury, and not to help you. You should never give a written or recorded statement to a tort claims adjuster for the insurance company without first consulting with an attorney. Never sign any paper sent to you by an insurance company without the advice of an attorney.

Q. How much is my case worth?
A. There are many factors that enter into the evaluation of your claim. They include the severity of your injury, how long you may be disabled, the nature and extent of your treatment, and the permanency of your injuries. Generally, by filing a personal injury claim you are entitled to lost income, medical expenses, loss of services to a spouse, personal property damages, compensation for pain and suffering, and sometimes in a severe situation, punitive damages.

Q. What if an accident was partly my fault?
A. In New York, compensation is still available for persons whose personal injury was caused in part by their own act. This is known as the theory of comparative negligence. Your compensation will be determined by comparing your negligence to that of the defendant.

Q. Is it necessary to sustain a fracture to prosecute my claim?
A. Not necessarily. Soft tissue injury incurred as a result of a hit in the rear auto accident can also be serious in nature depending upon the particular circumstances of your case.

Q. If a member of my family is killed in an accident, do I have the right to recover money damages?
A. When death occurs as a result of an accident, the surviving spouse or family member has the right to bring a lawsuit known as a wrongful death action, to obtain compensation for the victim’s pain and suffering and loss of life. The extent of the damages will depend upon the duration of survival, and the income of the victim.

Q. What is medical malpractice?
A. Medical malpractice occurs when the physician fails to understand the risk of disease and make a timely and proper diagnosis, causing the patient to sustain further harm or injury. It can also arise in performing faulty operations, without the standard of care necessary. Simply stated, it is necessary for the patient to prove that if they're physician had acted properly, the outcome would have been a cure or successful rehabilitation. 

Q. How quickly must I act if I am a victim of malpractice?
A. If you suspect medical malpractice has occurred in the diagnosis or treatment of your ailment, you must bring a lawsuit within two years of the commission of such malpractice. Acting quickly is a way to ensure that your rights will be protected. 

Q. What is a birth injury?
A. Many babies are born with some form of a birth injury caused by malpractice. Extreme care must be administered during the delivery of the newborn child. Birth injuries can be the result of mishandling an infant during the birthing process. In infants, head injuries occur easily because of their soft skull and brain tissue. Also, if an infant is not immediately able to breathe after birth, lack of oxygen can cause brain damage leading to birth injuries like cerebral palsy.

Personal Injury & Employment Law

I Provide defense in the following practice areas:

    • Personal Injury
      • The Walsh Law Firm represents injury victims and their families in recovering medical expenses, wage loss, No Fault benefits, and full compensation for their pain, suffering and disability. We seek the maximum recovery of benefits and money that are owed to victims of injury or wrongful death. In cases of personal injury or wrongful death we go to civil court to obtain compensation for the victim and their family members. The personal injury attorney first tries to negotiate with the opposing party or their insurance company. If necessary, and if the attorney thinks you have a good chance of winning, the case may go to trial. The main concerns in a personal injury case are negligence and liability. Before you can collect an award, your attorney will have to prove that the defendant is liable. To prove liability, the attorney must establish negligence. If there is a failure to exercise reasonable care to prevent injury or damage then there may be negligence. Once liability and negligence have been established, the judge or the jury may award money to compensate for medical costs, lost wages and lost future earnings as well as for pain and suffering. We know that injury victims just "want their life back." We do our best to counsel clients beyond just the money aspect of their case

  • Employment Law
    • In employment law cases Mr. Walsh seeks and obtains lost past and future wages, emotional distress, damage to reputation, job reinstatement, attorney fees and other relief for victims of discrimination and sexual harassment. Mr. Walsh has also had success in moving for punitive damages, injunctive relief, and relief in class action-type cases, where a company or person has disregarded the rights and safety of others. Studies show that our career is not only our source of income, but it is essential to ones wellbeing to be treated fairly in the workplace. Employers should be held accountable for illegal discrimination, retaliation, false statements or wrongful discharge of employees who have diligently performed their jobs. Walsh lawfirm has experience in helping people who’s careers have been damaged.

 

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