Personal Injury

Steven D. Gertler and Associates, Ltd. represents victims injured in all types of accidents. If you or a member of your family has been involved in an accident through no fault of your own, we will help you claim the financial compensation you’re entitled to.

If you have been injured by use of product, in a automobile accident, as a result of your employment or through some other act of negligence, you have suffered a personal injury.

Personal injuries can come in many different forms and under many different circumstances. However, the most common categories of personal injury claims include:

Wrongful Death Litigation - Wrongful Death cases arise in a number of different contexts, including car accidents, constructions site accidents, and medical malpractice. Wrongful Death is a legal term, which refers to situations when a person dies due to the negligence of another.

Who can file Wrongful Death compensation? - This will depend on your state's statutory language, but generally immediate family members (i.e. spouses, children and parents) can pursue a wrongful death claim (although minors until 18 years of age may require a "guardian ad item" to represent their interests in court).

Workers Compensation -The area of Personal Injury law deals with work related injuries. This relates to any injury caused by an accident arising from the employment and in the course of the employee’s work, and for which the employee is statutorily entitled to receive compensation.

Workers compensation affords an injured employee the opportunity to retain our firm to represent them, protect their rights, and receive all the benefits they are entitled to under the Workers Compensation Act.

• - 100% of their medical expenses paid in full by their employers.
• - 2/3 of their Average Weekly Wage while they are off of work and under a doctor’s care.
• - Benefits for employee’s permanent disability as a result of the job related injury.

Negligence -The term negligence means the failure to use ordinary care. That is, the failure to do that which a person of ordinary care would have done under the same or similar circumstances. A motorist running a stop sign is an example of failure to use ordinary care.

MOTOR VEHICLE ACCIDENTS

Automobile Accidents - Includes insurance coverage, property damage, and personal injury lawsuits associated with automobiles.

• Auto insurance threshold - In an effort to control rising auto insurance costs, some states limit the right to sue for pain and suffering.
• Auto insurance and uninsured/underinsured drivers - Uninsured and underinsured motorist coverage protects people involved in automobile accidents when the other driver lacks proper insurance.
• Auto insurance and property damage - If a person's automobile insurance does not include "collision" coverage, it may be necessary to file a lawsuit to pay for property repairs.
• Auto insurance and personal injury protection - Many state auto insurance companies provide coverage that pays the medical and hospital bills for persons injured in an automobile accident.
• Comparative and contributory negligence - If a person injured in an automobile accident was also at fault, the law may limit damages depending on the level of fault.
• Pedestrians and automobile accidents - Pedestrians are also protected by insurance if they suffer an injury because of an automobile accident.
• Time limits on filing a lawsuit - A person injured in an automobile accident has a limited amount of time from the date of the accident in which to sue to recover for injuries suffered.
• Winning damages in a lawsuit - In an effort to control rising auto insurance costs, some states limit a person's ability to sue for pain and suffering to instances of serious or permanent injuries and limit the amount of recovery.

Here are some sample statistics from the National Highway Traffic Safety Administration.

There are about 3 million car-related injuries a year, 2 million permanent injuries and 40,000 deaths in the U.S. each year. The Department of Transportation's statistics indicate that automobile accidents are generally related to irresponsible driving behavior. About 40% of fatalities are related to drinking and driving, 30% to speeding and about 33% from a car going off the road (these groups are not mutually exclusive). Seat belt use is only at about 68% nationally, despite it being a highly cost-effective means to prevent fatalities and serious injuries.

The very young and the very old are much more likely to be involved in automobile accidents. Automobile accidents are currently the number one killer of people ages 1 to 37. About 1 in 30 young drivers will be injured in an accident each year. Young drivers are four times more likely to die in automobile accidents and are much more prone to speed, drive recklessly, not wear their seat belts and drink and drive than middle-aged drivers. If we could reduce these dangerous behaviors, we could prevent these needless deaths and injuries.

Nearly 43,000 people died in automobile accidents in 2002, reports the U.S. Department of Transportation's National Highway Traffic Safety Administration. This figure has increased by 1.5% from the previous year. Although the number of traffic-related injures has declined from 3.03 million to 2.92 million, the number of fatalities due to drunk driving has steadily increased. More than one-quarter of Americans have been involved in an automobile accident in the last five years.

Every 13 minutes, there is a death caused by a motor vehicle accident. Automobile accidents claim our very youngest and our very oldest populations. The good news is fatalities of children seven and under have dropped, most likely due to safety seats. Also, pedestrian deaths have declined by 1.9 percent.

Most automobile accidents are entirely preventable. Drivers are most likely distracted, tired or possibly drunk. The National Highway Safety Traffic Administration reports that most drivers engage in activities that take their attention away from the road.

• Approximately 6.4 million accidents each year.
• Approximately 40,000 people die in automobile accidents each year (a figure that has been generally declining for over 30 years).
• About 26% of drivers have been involved in a automobile accidents in the last five years.
• There were 17,419 alcohol-related fatalities in 2002.
• More than half the fatalities reported --59%--were not wearing seatbelts.

Motorcycle Facts:

• Helmet use among fatally injured motorcyclists below 50 percent
• More motorcyclist fatalities are occurring on rural roads
• High blood alcohol levels are a major problem among motorcycle operators
• Half of the fatalities are related to negotiating a curve prior to the crash
• Over 80 percent of the fatalities occur off roadway
• Undivided roadways account for a majority of the fatalities
• Almost two thirds of the fatalities were associated with speeding as an operator contributing factor in the crash
• Almost 60 percent of motorcyclist fatalities occur at night
• Collision with a fixed object is a significant factor in over half of the fatalities
• Braking and steering maneuvers possibly contribute for almost 25 percent of the fatalities
• More riders age 40 and over are getting killed
• Almost one third of the fatally injured operators did not have a proper license
• Deaths from rollover crashes totaled 82%.
• For the past five years, motorcycle fatalities have been steadily increasing.
• Deaths of motorcyclists aged 50 and over have climbed by 26%.

Premises Liability - Proper care must be taken to maintain property. If not, the person controlling the property may be sued for falls and other injuries.

Most businesses, drivers, and homeowners carry liability insurance for negligent mistakes they make to protect them in the event someone is injured while on their property. The purpose of liability insurance is to pay for injuries caused by negligence. These "slip and fall" type cases are also generally known as premise liability cases.

• Slip and fall cases - A person legally on another person's property who slips and falls as a result of a defect or problem with the property may be able to file a lawsuit.
• Comparative and contributory negligence - If a person injured while on another person's property was careless, the law may limit or reduce any award of damages.
• Dog bite cases - A person who is bitten by a dog in a public place or while legally on another person's property may be able to file a lawsuit for injuries.
• Time limits on filing a lawsuit - A person who has suffered injuries while legally on another person's property has a limited time to file a lawsuit to recover money damages for the injuries.
• Winning Damages in a Lawsuit - A person who is injured while legally on another person's property may be able to sue to recover money damages for the injuries.

We concentrate in the following areas:

• Personal Injury
• Workers Compensation
• Wrongful Death Litigation
• Insurance Subrogation
• Insurance Intercompany Arbitration
• Installment Loan Collections
• Medical Collections
• Credit Card Delinquency
• Student Loan Collections
• Consumer Collections
• Commercial/Business Collections
• Commercial Litigation

Contact us for a free consultation