Law Office of Barry M. Goldstein

There’s no easy way to deal with the loss of a loved one, but when the circumstances leading to their death are the fault of another individual, it’s even more frustrating. You want to be able to grieve your loved one, but that’s difficult to do when you’re facing the realization that someone is to blame for their death. One of the first steps toward closure can be seeking the help of a wrongful death attorney and consulting on if you may have grounds for a lawsuit. But what is a wrongful death lawsuit?

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil lawsuit seeking compensation for financial and emotional losses resulting from a loved one’s death. This compensation is referred to as damages in the legal context, and how much is awarded will depend on the unique factors of each case. In the state of New York, family members cannot bring a wrongful death lawsuit to court unless they are property representatives or the executors of the decedent’s estate.

Contacting a lawyer to handle your lawsuit is the best course of action for most people. Whether you receive compensation will be dependent on proving the defendant (at-fault party) is legally responsible for your loved one’s death, the losses suffered, and that the at-fault party’s negligence, reckless, or intentional behavior caused those damages.

Read the rest of this entry »

When you step onto someone else’s property, you have an inherent expectation of safety. Unfortunately, unforeseen hazards can be anywhere, and a misplaced step on a cracked sidewalk, a hidden pothole obscured by rain, or a malfunctioning elevator can lead to sudden injuries and unexpected hardships. NY state law allows you to recover damages for your losses in these situations, but what is premises liability insurance and how can a premises liability attorney help your case?

What Is Premises Liability Insurance?

The concept of premises liability holds property owners accountable for injuries sustained by others due to unsafe conditions or negligence. This means that if you’re hurt on someone else’s property, and their carelessness or lack of maintenance played a role, you might have legal recourse.

New York law stands by your side. The state has a comparative negligence system, which means both parties, you and the property owner, share responsibility for your injuries based on your respective percentage of fault.

This opens the door to potentially seeking compensation for:

  • Medical expenses
  • Lost wages
  • Pain and suffering
Read the rest of this entry »

Most people don’t expect to be injured just going about their everyday activities. They assume the people who own the homes and businesses they visit maintain a safe environment. However, sometimes, property owners neglect basic safety standards. If you are injured on someone else’s property due to their negligence and considering legal action, consulting with a premises liability attorney will likely prompt questions such as, “What is premises liability?”

What Is Premises Liability?

Premises liability is the category of law that deals with personal injury claims stemming from an injury on property not belonging to the victim. This type of law dictates what responsibility property owners have to other individuals and the type of compensation the injured party can pursue. Should you be injured on someone else’s property, your case will be ruled by premises liability law.

Read the rest of this entry »