(914) 737-0270
2 South Division Street
Park Circle Building
Peekskill, NY 10566
Personal
Injury Law
 
Hersh & Hersh, PC also represents many clients in matrimonial matters and also criminal defense. They have a large estate clientele handling Wills and Trusts. They also handle many real estate matters.

Know Your Rights!

WHAT IS NO-FAULT INSURANCE?
It is a part of our Insurance Law which provides for prompt payment of medical bills, lost earnings, etc. which are the result of injuries sustained in an automobile accident. It does not cover property damage or injuries received while on a motorcycle. It also precludes a lawsuit for “pain and suffering” unless the injury is serious.

WHAT IS A “PAIN AND SUFFERING” CLAIM?

If you have been seriously injured by someone’s negligence, you may bring a civil claim for money damages to compensate you for the resulting pain, disability scars, etc. The liability policy of the person at fault will cover and make payment of any settlement or judgement up to the limits of the policy.

WHAT IS WORKMAN’S COMPENSATION?
This law provides for payment of medical bills and lost earnings for the on-the-job injuries. It also precludes an injured party from bringing a lawsuit against their employer or co-employee. It can provide additional recoveries for some serious injuries.

WHAT IS PREMISES LIABILITY?
If an injury takes place, such as a fall on someone’s property, there may be grounds to bring a claim against the owner or another party who is at fault. There also may be a med-pay policy which provides for reimbursement of medical bills; regardless of fault.

WHAT ABOUT DOG BITES?
There may be a recovery against one who owns or harbors a dog that bites someone. The injured party generally must show that the dog owner had prior actual or constructive notice of the animal’s “vicious propensities”.

CAN YOU BRING A CLAIM AGAINST THE STATE, CITY, OR TOWN?
You may sue municipal corporations but there are special requirements. A claim against New York State is restricted to the Court of Claims and has special notice requirements. A suit against a City or Town must be preceded by a notice of claim served within 90 days after the incident. School Districts and Transportation Authorities are considered a municipality as are any government agencies.

CAN YOU SUE FOR INJURIES WHICH ARE CAUSED INTENTIONALLY?
In addition to negligence, you may bring a claim for an intentional tort such as assault, battery or the intentional infliction of emotional distress. The statute of limitations (time by which you must bring a claim) is one year, compared to negligence which is three years. Many times, suits for intentional acts are not covered by liability insurance policies.

CAN YOU SUE IF YOU ARE INJURED BY A HEALTH CARE PROVIDER?
You may have a claim if you can prove that the injury was the result of departure from standard medical practice. The statute of limitations in these cause is 2 1/2 years.

WHEN DO YOU NEED A LAWYER?
Many lawyers offer a free consultation, so it is probably a good idea to call a lawyer any time you have a question about personal injuries. Many times they will help you file for no-fault or workman’s comp and you can handle it from that point. If you have a lawsuit, usually the lawyers offer a contingent retainer; in other words you don’t pay them unless there is a recovery. In most cases, that will be one-third. They will usually advance the costs of a lawsuit, so there are no out-of-pocket expenses for you.

Feel free to stop in for a free consultation or call us at (914) 737 -0270