Matthew Tomkiel is a third-generation attorney. His grandfather and father have represented injured workers since the 1970’s. Matthew has continued the family profession since 2003.
The value of a premises liability case depends on numerous factors, including the severity of injuries, impact on your life, clear liability, insurance coverage limits, and quality of evidence. Cases involving permanent disabilities or significant medical expenses typically result in higher settlements than those with minor, temporary injuries.
What if I was partially at fault for my premises liability accident?
New York follows a pure comparative negligence system, meaning you can still recover compensation even if you were partially at fault. Your damages will be reduced by your percentage of responsibility.
How long do I have to file a premises liability lawsuit in New York?
In New York, the statute of limitations for most premises liability cases is three years from the date of injury. However, claims against government entities require a Notice of Claim within 90 days, and the deadline for wrongful death claims is two years from the date of death.
What are the steps to take after a premises liability accident?
After a premises liability accident, seek medical attention immediately. Thoroughly document the scene, your injuries, and any witnesses. Make sure you take pictures of exactly the conditions that caused your injuries. Don’t speculate. Report the incident to the property owner, but limit discussions about the accident until you've consulted with one of our attorneys.
What's the difference between premises liability and slip-and-fall cases?
Slip-and-fall is actually a specific type of premises liability case. Premises liability is the broader legal concept covering all injuries on someone's property, while slip-and-fall specifically refers to accidents involving slipping, tripping, or falling due to hazardous floor or ground conditions.
What should I do with my damaged car?
Take photos and videos of the damage before moving your vehicle if possible. Report the damage to your insurance company and follow their instructions regarding repairs or towing. Do not authorize repairs without consulting with your attorney and insurance provider.
Is it okay to record the other driver if I feel unsafe?
Generally, recording the other driver is permissible as long as you're not violating any privacy laws. However, it's best to prioritize your safety; if you feel unsafe, prioritize getting to safety and contact the police.
What should I do if the other driver doesn't have insurance?
In New York, uninsured/underinsured motorist (UM/UIM) coverage may protect you if the other driver is at fault and lacks sufficient insurance. Contact Tomkiel & Tomkiel lawyers to file a claim under your policy and pursue compensation.
How can I figure out who's at fault for the accident?
Determining fault often involves investigating the accident scene, reviewing police reports, and gathering witness statements. You don’t need to go through this stress as the process may be long and rough. Tomkiel & Tomkiel attorneys in New York can help assess liability and build a strong case to prove negligence.
Should I hire a lawyer, even if it seems like a small accident?
Yes, even minor accidents can lead to significant medical bills and lost wages later on. With Tomkiel & Tomkiel car accident attorneys, you can avoid extra losses and be protected, regardless of the accident's severity.
How long do personal injury settlements take?
There's no one-size-fits-all answer when it comes to the timeline of personal injury settlements. The process can range from a few weeks to several months, depending on factors like the complexity of your case, the cooperation of the insurance company, and the length of the negotiation process.
Do I need a lawyer to settle my claim?
It's strongly recommended to have legal representation. An attorney can protect your rights, negotiate on your behalf, and ensure you receive a fair settlement. They can also handle complex legal procedures and navigate the insurance company's tactics.
Can I negotiate the settlement amount?
Although you do have the right to negotiate with the insurance company on your own, we advise against it. If you do this on your own, you risk losing out on potentially tens of thousands of dollars. Rely upon our decades of experience in successfully fighting for the rights of our clients against huge insurance companies.
How do I know if a settlement offer is fair?
Determining a fair settlement involves evaluating the severity of your injuries, medical expenses, lost wages, and other damages. Our attorneys have decades of experience in successfully representing clients and winning the full and fair compensation they deserve. We will go over any settlement offer in detail and help you make the decision if you want to accept the settlement.
Are personal injury settlements taxable?
In most cases, personal injury settlements are not taxable under federal law, as long as the compensation relates to physical injuries or sickness. However, certain components of a settlement, such as punitive damages or compensation for wage loss, can be taxable. Consult with a tax advisor to determine your specific tax liability.
What if the at-fault driver is uninsured or underinsured?
If the at-fault driver lacks sufficient insurance coverage, your own uninsured/underinsured motorist coverage may provide additional protection. A car accident lawyer can help you pursue the maximum compensation available.
Can I still sue for pain and suffering even if I don't meet the serious injury threshold?
In most cases, no. The no-fault system restricts lawsuits for pain and suffering unless the serious injury threshold is met. However, there may be exceptions depending on the circumstances of your case.
How do I know if my injuries meet the "serious injury" threshold?
Determining whether your injuries meet the serious injury threshold can be complex and requires a thorough evaluation of your medical records. It's best to consult with a car accident lawyer who can assess your case and advise you on the best course of action.
What is the minimum amount of pip coverage required in New York?
The minimum PIP coverage required in New York is $50,000 per person. However, it's advisable to consider higher coverage limits for greater financial protection.
