Rose G. Proto, Attorney at Law, PLLC | Personal Injury Attorney: Olean, NY: Rose G. Proto, Attorney at Law
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Olean Personal Injury Attorney

Auto Accidents

With over seven years of personal injury experience, we understand the importance of assertive representation for clients who have been injured due to the negligence of another.  A party who is injured in an automobile through the fault of another may have a claim against that party.  Typically, this third-party action will cover the injured person’s medical expenses, wage losses, pain and suffering.   If you or a loved one has been injured in an automobile accident, you should speak to an attorney

 

New York State’s “no-fault” insurance law requires that the injured person’s injuries are serious.  This requirement is satisfied when the injury: 1) results in death, 2) dismemberment (the loss of certain body parts), 3) significant disfigurement (spoiling of one’s appearance), 4) a bone fracture, 5) loss of a fetus, 6) permanent loss or significant limitation of use of a body function or system, or a nonpermanent injury or impairment that prevents the injured person from performing substantially all of his or her usual routine for at least 90 days.  This last category includes injuries in which individuals suffer a permanent loss of use to a body part, meaning that it no longer functions in the manner in which it previously functioned.  This includes: 1) a loss of range of motion, 2) decreased functioning of the brain, and 3) a herniated or bulged disc.

New York Insurance Law Sec. 5102(d).

 

Objective proof is required to show evidence of the injury.  This can be supported by any of the following: radiograph (x-ray), electrocardiogram (EKG), MRI testing, electroencephalogram (EEG), medical findings and records, and sworn medical opinions of doctors.

 

If you have been injured in a car accident, you should consult the advice of an attorney immediately to determine your rights.

 

Dog Bites

When you or someone you love has been attacked by a dog, the injuries can be severe, including serious bodily injury, disfigurement, and emotional and mental suffering in the form of post-traumatic stress.  In New York State, if a dog owner who knows or should have known that his dog has vicious propensities and the dog attacks another person, the dog owner will be liable to the victim for the injuries and damages sustained by him or her.

 

If you have been attacked by a dog, you should consult medical treatment right away, document your injuries by taking photographs, and call animal control in the county where the attack occurred.  Next, consult an attorney to receive advice on your rights under the laws.

 

Premises Liability

Accidents happen, and often, they occur when you least expect them to.  New York State has adopted a body of laws dealing with accidents depending on how they occur.

 

Accidents occurring when an individual is laboring at a work site:  Pursuant to New York State Labor Law §200, when an individual has the authority to supervise or control the work performed, that individual bears the responsibility for the manner in which the work is performed.  Banscher v. Actus Lend Lease, LLC, 132 A.D.3d 707, (N.Y. App. Div., 2015).  Any such owner or manager of real property will be liable under Labor Law § 200 for injuries arising from the manner in which work is performed at a work site.  Pacheco v. Smith, 128 A.D.3d 926 (N.Y. App. Div., 2015).

 

Accidents occurring when an individual is lawfully on the property of another:  If the owner of property knew or should have known about a dangerous condition existing on the property and someone is injured due to that condition, the property owner will be liable for the injuries and damages caused by the condition.  Often, this type of liability occurs during a slip and fall accident, when a dangerous condition exists and is not obvious to the person who subsequently becomes injured as a result of it.

 

If you are injured on someone else’s property, you should immediately do the following:

 

  • notify the property owner or manager,
  • seek medical help,
  • document your injuries, and
  • seek the advice of an attorney to determine your rights.
Rose Proto, Attorney