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New York City Attorney for Personal Injury, Commercial Litigation, and Criminal Defense Matters

Whether you are seriously hurt in an accident, are facing criminal charges, or are trying to protect the future of your business, legal representation is a critical tool in helping you further your objectives. New York City injury lawyer Michael H. Joseph is ready to guide you in pursuing compensation from someone whose carelessness harmed you. If you have been hurt at a work site, for example, consulting a construction accident attorney may be an important step to take. Michael H. Joseph also can provide vigorous representation in protecting your rights against the prosecution or navigating a complicated business dispute on your behalf.

Personal Injury

 Our firm represents people who have been injured in motor vehicle collisions, slip and falls, and encounters with defective products, among other devastating events. We also advocate for families who have lost loved ones in tragic accidents.

Car and Truck Accidents 

New York is a no-fault state. This means that if you have been involved in a car accident, the insurer for the car in which you were riding must pay your medical bills as well as lost wages. You turn to your own insurer first if you are hurt in a car accident in your own car. However, if you suffer serious injuries, you may sue the at-fault driver. By statute, serious injuries include the permanent limitation of a body organ or member, a bone fracture, significant disfigurement, the loss of a fetus, or a substantially full disability for 90 days.

If you are hurt due to a dangerous property condition on someone else’s property, you may be able to recover damages in a premises liability lawsuit. Typically, you would need to show that you were a lawful visitor on the property, your injuries were caused by a dangerous condition, and the owner knew or should have known about the dangerous condition but failed to repair it or warn visitors about it.

New York follows the rule of pure comparative negligence in personal injury cases. This means that, even if your carelessness contributed to the accident, you still may be able to recover a compensation award as long as you were not completely at fault.

Bicycle Accidents

New York City is a place where bicyclists are common and people ride bicycles to get to work, to make deliveries or just get exercise. On the busy streets of Manhattan, the Bronx, Brooklyn and Queens, collisions between cars, trucks and bicycles are unfortunately a common occurrence and serious injuries like fractures are unfortunately the result. Our New York City bicycle accident attorneys have extensive experience in representing people who were hit by a car or truck while riding a bicycle. If you were working as a messenger or delivery person at the time of the accident you are entitled to workers’ compensation benefits. If you were not in the course of your employment at the time of the accident, then the insurance company driver of the car that hit you has to pay your medical bills and lost wages and compensate you if you sustained a serious injury. In the event of a hit and run, your own insurance company is responsible or if you don’t have insurance there is a state fund that will compensate you.

Construction Accidents

Construction sites are notoriously dangerous for both workers and visitors. Accidents may involve ladder falls, cave-ins, structural collapses, crane accidents, defective saws, electric shock, and slippery surfaces. Injured employees in New York are entitled to receive workers’ compensation benefits from their employers. However, since construction sites often involve coordination among several different entities, injured workers can often sue the construction site owner, the general contractor, a third-party contractor, or manufacturer. A third-party claim can be negligence violations of New York’s Labor Laws.

Special provisions like New York Labor Laws 200, 240, and 241 obligate contractors and site owners to provide protection from certain hazards and to make sure safety practices are followed. For example, Labor Law section 200 requires an employer to adequately maintain all equipment and machinery and provide workers with sufficient safety warnings. If a building owner or general contractor does not meet this requirement, and a worker is hurt, the owner or general contractor may be liable for medical bills, lost wages, pain and suffering, and other damages. The worker will not need to show that the owner or contractor’s actions fell below a particular standard of care.

Similarly, under New York’s Labor Law section 240, construction workers who perform high-elevation work on the erection or repair of a building are entitled to certain safety devices. If they are not provided with these devices and are hurt in an accident involving elevation support or scaffolding, they can potentially seek compensation from a third party responsible for providing the safety devices and supervision, if they can show that the third party knew or should have known of the safety violation. The defendant can avoid liability only by showing that the worker was solely responsible for the accident.

Business and Commercial Litigation

Michael H. Joseph can represent you in commercial and business litigation arising from a failure to pay a promissory note, breach of contract, partnership break up, civil RICO violation, or business tort like fraud, in addition to restrictive covenant litigation or mechanics lien litigation. He understands the nuances of these complex, technical matters and can craft strategies tailored to your specific objectives. Our law firm is one of the few law firms in New York City that accepts commercial cases on a contingency basis.

Criminal DefenseIf you are arrested in New York City, including Manhattan, the Bronx, Brooklyn or Queens, our New York City Criminal Defense lawyers can help you fight charges of drug crimes, petit larceny, grand larceny, driving while intoxicated, prostitution, patronizing a prostitute, domestic violence, weapons offenses, assault, forged documents or rape. Our Manhattan criminal defense lawyers represent people who have been charged with either felonies or misdemeanors. To protect your rights to the fullest extent of the law, it is crucial to retain an attorney who can undermine the prosecution’s case wherever possible, such as by challenging the way that evidence was seized or attacking witness credibility.

Consult a Criminal Defense, Business Litigation, and Personal Injury Lawyer in New York City

Litigation can be stressful and expensive, particularly when it involves matters that may affect you far into the future. It is important to choose a skillful attorney who strives to obtain the best possible outcome. New York City injury attorney Michael H. Joseph provides experienced legal representation in car accident claims, slip and fall cases, product liability cases, and construction accident lawsuits. He also can assist New York residents who need a business litigation attorney or representation in a criminal case. From our Midtown New York City office, we provide legal services to the people of New York City including Manhattan, the Bronx, Queens and Brooklyn. From our Westchester office, we can handle cases in White Plains, Yonkers, Mount Vernon, Scarsdale, Bronxville, Port Chester, Rye, Dobbs Ferry, Tarrytown, and New Rochelle, in addition to other communities throughout Westchester and Rockland Counties. Contact us at (212) 858-0503 or through our online form to set up a free initial consultation.

 
The Law Offices of Michael H. Joseph