Brooklyn’s Trusted Accident Lawyers

In New York, truck accidents are a significant concern due to the state’s dense traffic and extensive network of highways. These accidents often result in serious injuries given the size and weight of trucks compared to passenger vehicles. The scope of these incidents includes understanding the frequency, causes, and impact on those involved.

Legal Considerations for Truck Accident Claims

When it comes to truck accident claims in New York, several legal considerations come into play. These include the statutes of limitations for filing claims, the state-specific regulations that truck drivers and companies must follow, and the various types of claims that can be made, such as personal injury or wrongful death.

Establishing who is at fault in a truck accident is a critical component of any personal injury case in New York. This process involves examining driver behavior, truck maintenance records, and adherence to federal and state trucking regulations. In some cases, multiple parties may bear responsibility, such as the driver, the trucking company, or even parts manufacturers.

At Kucher Law, our team of injury attorneys in Brooklyn conducts comprehensive investigations into each truck accident case. We are committed to uncovering every detail to ensure our clients receive the most favorable outcome for their claims.

If you need to discuss your case with a highly regarded personal injury lawyer in Brooklyn, please contact us at (929) 563-6780.

In New York, where thousands of daily commuters, school children, and tourists rely on buses for transportation, the potential for bus-related accidents is significant. One of the biggest factors that can aggravate bus accidents is the absence of seat belts in most buses. In addition, for pedestrians and other drivers, the sheer size of buses can lead to severe outcomes in the event of a collision.

Bus accidents can be attributed to several factors, each of which highlights the importance of vigilance and proper training in the field of public transportation:

• Visibility Issues: Bus drivers sometimes fail to notice smaller vehicles due to the bus’s large blind spots. Enhancing driver awareness and training on how to manage these blind spots could reduce such incidents.
• Driver Distraction: Distraction can come from several sources – mobile phones, passenger interactions, or even navigation systems. Policies that minimize distractions can help keep the driver’s focus on the road.
• Speeding: Exceeding speed limits or driving too fast for certain road conditions can make it difficult for bus drivers to react in time to avoid an accident. Strict enforcement of speed regulations and continuous monitoring can serve as preventive measures.
• Impairment from Alcohol or Drugs: Operating a vehicle under the influence is extremely dangerous. Ensuring regular drug and alcohol testing for drivers can help prevent such risks.
• Unfamiliarity with Route: Drivers who are unsure of their route may be more prone to distraction or sudden, unsafe driving maneuvers. Providing adequate route training and pre-route simulations can help familiarize drivers before they head out.

More importantly, it is critical for bus companies to maintain high standards in the recruitment and ongoing training of their drivers. This includes not just skills training, but also education on the importance of safe driving habits and the potential consequences of negligence.

At Kucher Law Group, our team of knowledgeable Kings County bus accident attorneys is equipped to delve into the specifics of your bus accident case. We commit significant efforts to collect robust evidence and secure testimonies that strengthen your case. Contact us today for a consultation.

New York City is a constant hub of construction activity. But construction sites are particularly dangerous for those who work on them or those nearby. Employers, building owners, general contractors, and supervisors must ensure and inspect sites to maintain required safety protocols, but these safety measures are not always properly adhered to. When someone is injured as a result, the construction company or property owner can be held liable. 

In New York, construction workers operate under a robust framework of labor laws that offer a range of protections. These laws are designed to ensure safety and accountability on construction sites. Key among these is the Scaffold Law (Labor Law § 240/241), which mandates that employers and property owners provide appropriate safety measures for work at height. This statute is critical because it allows injured workers to seek recourse outside of workers’ compensation if the injury resulted from a height-related risk and safety provisions were not met.

Liability and Negligence in Construction Accidents

In the context of New York law, liability for construction accidents often hinges on establishing negligence. For a party to be held liable, it must be shown that they had a duty to maintain safety, that duty was breached, and the breach directly caused the injury. Various parties can be held liable in a construction accident, including the construction site owner, contractors, or equipment manufacturers. Proof of negligence requires a thorough investigation and evidence, such as safety records, witness statements, and expert testimony.

Workers’ Compensation and Personal Injury Claims

When a construction worker is injured in New York, the claims process starts with workers’ compensation, which is designed to provide prompt relief without the complexities of litigation. However, if the injury is due to someone’s negligence or a violation of New York’s labor laws, the worker may also pursue a personal injury claim. Understanding the interplay between workers’ compensation and personal injury claims is crucial, as certain types of compensation are only available through a personal injury lawsuit. Legal guidance can be invaluable in understanding your rights, the scope of available compensation, and the most appropriate course of action for your situation.

At Kucher Law, we have represented workers who have been injured in:

• Scaffolding accidents
• Crane accidents
• Electrical accidents
• Falls
• Structural collapses
• Gas and chemical accidents
• Welding accidents
• Supervisor negligence
• Accidents caused by unsafe or improperly maintained equipment
• Supervisor negligence
• Explosions
• Elevator accidents
• and other dangerous accidents on construction sites.

If you have been injured in a construction accident, it is important to get the guidance of an experienced construction accident attorney. If you are a construction worker, workers’ compensation limits your compensation and your ability to file a lawsuit against your employer. Furthermore, you may be able to file a third-party claim against a subcontractor or vendor. It is important to understand your options before accepting a workers’ compensation settlement. 

At Kucher Law, our Brooklyn attorneys prioritize the rights of workers and those affected by construction site accidents. We advocate for them under New York’s legal framework, which sometimes involves initiating civil lawsuits against employers or other negligent parties involved. Our approach includes gathering comprehensive evidence to establish the fault of the party in charge, aiming to obtain the fullest compensation for those injured in a construction accident in Brooklyn.

To have a conversation with a New York personal injury attorney, reach out to us at (929) 563-6780.

Slip and fall accidents in Brooklyn are subject to the legal framework of New York premises liability law, which holds property owners and occupiers responsible for maintaining a safe environment for visitors. When individuals are injured due to slip and fall incidents on someone else’s property, they may have legal recourse to seek compensation for their injuries if the accident was due to the property owner’s negligence.

Premises Liability Law in New York

New York’s premises liability law requires property owners to keep their premises reasonably safe to prevent injuries to lawful visitors. 

Individuals can hold an owner accountable if they have been injured on:

• Private property
• Retail properties
• Hotels
• Restaurants
• Commercial buildings
• Entertainment venues
• Municipal or government properties
• Parks
• Condo, coop, and apartment buildings
• Office buildings

Unfortunately, proving negligence in a slip and fall claim can be highly complex.

If you have been injured on another’s property, the owner or insurance company can argue:

• That you were not paying attention to where you were going
• That the hazard should have been obvious
• That you should not have been in that area of the property
• That you were wearing inappropriate shoes
• That ample safety measures had been taken

If a slip and fall accident occurs due to a property owner’s failure to address a hazardous condition, the injured party may file a claim for damages. The claimant must prove that the owner knew or should have known about the danger and failed to correct it or warn visitors adequately.

Common Causes of Slip and Fall Injuries

Slip and fall injuries in Brooklyn can result from various hazards, such as wet floors, icy walkways, uneven surfaces, or poor lighting. These conditions may exist in public spaces like shopping centers, restaurants, and apartment complexes. Property owners have a duty to regularly inspect their premises and either fix hazardous conditions or provide clear warnings to prevent these accidents.

Documenting Your Injury and Gathering Evidence

After a slip and fall accident in Brooklyn, it’s crucial to document the injury and gather evidence to support a potential premises liability claim. This can include taking photographs of the accident scene and the hazard that caused the fall, collecting statements from witnesses, and retaining copies of medical records and bills related to the injury. This documentation is vital for establishing the extent of the injuries and the property owner’s liability.

Claims Against Government Entities in Brooklyn

Filing a claim for a slip and fall accident on property owned by a government entity in Brooklyn involves additional considerations. Special rules and shorter time frames apply when pursuing a claim against a government body. It’s necessary to file a notice of claim within 90 days of the incident, which is a prerequisite before a lawsuit can be initiated. Understanding these specific procedural requirements is essential for maintaining the right to seek compensation from a government entity after a slip and fall accident.

For skilled and personalized legal advocacy, contact Kucher Law Group today. We can assist in evaluating your case and advocate for your rights to the compensation you deserve.

Call (929) 563-6780 for a free consultation.

Brooklyn has historically had a high rate of pedestrian fatalities, topping other New York City boroughs with an average of 46 deaths per year, as reported in a 2013 study. Despite being the most populous borough, accounting for 31% of the city’s population, Brooklyn’s rate of pedestrian fatalities per capita stands slightly lower than the citywide average: 1.79 per 100,000 residents compared to New York City’s 1.88.

Over the last three decades, Brooklyn has seen a 49% reduction in pedestrian fatalities, illustrating significant progress in road safety. The broader trend across New York City is also encouraging. The year 2023 marked the safest year for pedestrians since records began 114 years ago, with only 101 deaths in a city of 8.5 million people. This milestone reflects improvements in traffic management and pedestrian safety measures across the city.  However, pedestrians still represent over half of all traffic-related deaths in the borough. This indicates that while strides have been made, there remains a persistent risk to pedestrians.

Pedestrian and bicycle accidents can be caused by the very same things as other motor vehicle accidents, but there are some causes that are more specific to these types of accidents.

These can include:

• Speeding vehicles
• Distracted drivers
• Unsafe turns
• Drunk driving
• Poorly marked crosswalks
• Pedestrians crossing outside of marked crosswalks
• Unsafe backing
• Dooring accidents
• Not leaving enough room for cyclists
• Bicycle accidents involving public transportation

The aftermath of a pedestrian accident can be life-changing. Insurance companies will always look to mitigate their own financial exposure and may try to blame the victims themselves. The importance of legal guidance cannot be overstated for those affected. In Brooklyn, seeking advice from a lawyer who understands the nuances of pedestrian accident cases is crucial for securing appropriate compensation. At Kucher Law Group, we offer personalized legal assistance in handling such cases. We provide no-cost consultations to help you understand your rights and options. Contact us today to learn more about how we can assist you.

We put a great amount of trust in nursing home facilities and providers to care for our elderly loved ones. Unfortunately, many are not deserving of that trust. This especially holds true today with the industry’s for-profit model that often leaves elderly residents suffering from inadequate or abusive care. 

Nursing home abuse can take various forms, including:

• Physical abuse
• Mental and emotional abuse
• Sexual abuse
• Failure to provide basic needs
• Exploitation and financial abuse
• Abandonment

Nursing homes are required to provide a certain standard of care under the law. When they are not doing this, they risk being held accountable through a personal injury lawsuit and being censured by the state. 

If you suspect that an elderly loved one is suffering abuse at the hands of a caregiver or nursing home facility, it is important that you don’t ignore it. Many elderly individuals are reluctant to report their own abuse and will often suffer in silence. Samantha Kucher and the Brooklyn personal injury attorneys at Kucher Law can help you hold these caregivers and nursing home facilities accountable for the harm they have caused.

Doctors and healthcare providers must practice under established rules of care when they treat, diagnose, test, or follow up with patients. Unfortunately, errors made by healthcare providers are alarmingly common and have the ability to injure and even kill their patients.

Common forms of medical malpractice include:

• Surgical errors
• Wrong diagnosis
• Failure to diagnose
• Failure to act
• Improper medical treatment
• Wrongful drug administration
• Unreasonable delay of treatment
• Lack of informed consent
• Negligent treatment

If you have been injured because of a doctor or other healthcare provider who did not provide the acceptable standard of care that the law demands, you may be entitled to compensation through a medical malpractice lawsuit. At Kucher Law, our skilled Brooklyn personal injury attorneys are dedicated to holding negligent parties legally and financially accountable for the harm they have done. Let us assist you.

Wrongful death claims in New York are legal actions that may be pursued when a person’s death is caused by the wrongful conduct or negligence of another party. These claims are intended to provide relief to the survivors for the losses they have suffered as a result of their loved one’s untimely death.

Who Can File a Wrongful Death Claim in New York?

Under New York law, a wrongful death claim must be filed by the personal representative of the deceased person’s estate. This individual acts on behalf of the beneficiaries, which typically include immediate family members such as the spouse, children, or parents of the deceased. The personal representative is often named in the will of the deceased or appointed by the court if no will exists.

Damages Available in Wrongful Death Cases

The damages recoverable in a wrongful death case in New York may include:

• The conscious pain and suffering of the deceased before they died
• The loss of expected future earnings of the deceased until retirement or natural death
• The loss of inheritance for the deceased’s heirs
• The medical and funeral expenses related to the deceased’s injury and death
• The value of support and services the deceased provided to family members
• The loss of parental guidance to the deceased’s children
• The loss of consortium for the deceased’s spouse

These damages are intended to compensate the family for their economic losses as well as the non-economic contributions the deceased would have made to their lives.

Proving Liability and Negligence in Fatal Accidents

To prevail in a wrongful death case in New York, the plaintiff must prove that the defendant’s negligence or wrongful act caused the death of their loved one. This involves establishing that the defendant owed a duty to the deceased, that the duty was breached, and that the breach directly resulted in the deceased’s death. Evidence must be presented to show causation and to quantify the damages sought.

The Statute of Limitations for Wrongful Death in New York

In New York, the statute of limitations for wrongful death claims is generally two years from the date of death. This legal deadline is strictly enforced, and failure to file within this timeframe could result in the loss of the right to pursue damages. There are some exceptions to this rule, and potential plaintiffs must consult with an attorney to understand the specific time limits that apply to their situation.

Pain and suffering fall under the category of non-economic damages that arise due to someone else’s careless actions. In New York, the compensation for pain and suffering is not fixed and varies with each situation. When a case is resolved before going to trial, the attorney representing the injured party will discuss compensation amounts with the responsible party. 

The case’s worth is influenced by factors like the responsible party’s liability, the extent and lasting impact of the injuries, and any lost earnings. Attorneys often refer to previous similar cases to gauge the value of a claim. Should the case go to court, the jury will decide the compensation for pain and suffering, with the injured party’s lawyer presenting evidence from economic specialists, medical professionals, and more to support the case.

If you or someone close to you has been harmed in Brooklyn due to another’s negligence, you might be entitled to compensation for pain and suffering. The proficient team of injury lawyers at Kucher Law can assist in pursuing the compensation you are owed.

For a no-cost discussion with a top-rated Brooklyn accident attorney about your injury claim, reach out to our law firm at (929) 563-6780.

The presence of social media can have a significant impact on a personal injury case, and its effects should not be underestimated.

Here are several ways in which social media can influence such legal matters:

• Evidence: Posts, photos, videos, and comments on social media can be used as evidence in court. For example, if someone claims to have severe injuries but then posts pictures of themselves engaging in physical activities, it could undermine their credibility and the perceived severity of their injuries.
• Privacy Settings: Even with stringent privacy settings, the content on social media profiles may still be discoverable by legal opponents. Courts can grant access to this information if it is relevant to the case.
• Contradictory Statements: Inconsistencies between an individual’s statements in legal proceedings and their social media posts can be detrimental. Lawyers often scrutinize social media activity for any contradictions that could weaken a claimant’s case.
• Emotional State: Social media can also provide a window into an individual’s emotional state, which can be used to challenge claims of emotional distress or mental anguish.
• Character Assessment: The overall portrayal of a person’s lifestyle and behavior on social media can be used to assess character, which might influence a jury’s perception and the outcome of a case.

Due to these potential impacts, personal injury lawyers often advise clients to be cautious about their social media activity or to abstain from social media use altogether during the course of their legal proceedings.

Experienced Brooklyn personal injury lawyer Samantha Kucher and our team are well aware of the challenges that social media can pose for a legal case. They can offer guidance on how to maintain a discreet presence online while your injury case is pending. With years of experience, our team is prepared to work towards a positive resolution for your case. To talk more about your situation, get in touch with Kucher Law Group today for a consultation.

To prove that another party is responsible for your personal injuries, various forms of evidence can be utilized.

Here are the types of evidence your personal injury lawyer might gather to strengthen your case:

• Accident Reports: After an incident, reports are often generated to outline the circumstances. For instance, police reports from a car accident or incident reports from a store slip and fall are valuable. An experienced lawyer in Brooklyn can help secure these documents for your claim.
• Physical Evidence: Items or conditions found at the accident site can be crucial in establishing fault. This might include substances that indicate impairment at a car crash scene, or faulty equipment that led to a construction accident.
• Witness Accounts: Statements from people who saw the event can be pivotal. Whether verbal or written, they provide insights into how or why an accident occurred. It’s important to collect contact details for these individuals, and your attorney can assist in contacting them.
• Photographs of the Accident: Images captured at the scene can be compelling evidence. They might show hazards that caused a fall or damage from an auto accident that suggests the speed of impact. If you’re involved in an accident, taking pictures is a critical step.
• Your Own Memory: Your recollection of the accident is also a valuable piece of evidence. Keeping a timely, detailed account of what you remember can be instrumental to your case.
• Expert Witness Analysis: Individuals with extensive knowledge in certain areas can clarify complex points of fault. This could be an engineer explaining a product flaw or a specialist reconstructing an accident to determine responsibility. Your lawyer can connect with such experts to fortify your case.

Consulting with a knowledgeable personal injury lawyer can be a crucial step in seeking fair compensation. A competent attorney in Brooklyn can aid in investigating your case and gathering the necessary evidence to present a strong argument. To discuss your injury claim, reach out to the Kucher Law Group and speak with our team of injury lawyers.