POPULAR SERVICES

• Motor Vehicle, Bus and Truck Accidents

  

  In the unfortunate event of a traffic accident, seeking guidance from a skilled professional is imperative to explore every potential avenue for compensation, including coverage for vehicle repairs, income loss, medical bills, prescribed medications, rehabilitation, and more.

  In the aftermath of a car crash, it's beneficial to be aware of these steps:

  1) Notify law enforcement and await their arrival at the accident scene.

  2) Exchange essential information with the other party involved: full name, address, phone number, driver's license details, insurance provider, policy number, and capture images of the accident site.

  3) Document the names and addresses of passengers along with their contact numbers.

  4) Record the car's owner information (if different from the driver): name, address, phone number, insurance details, and policy number.

  5) Collect contact information for any witnesses present.

  6) Seek counsel from a lawyer at your earliest convenience.

  7) Get in touch with me promptly following the incident; time is of the essence when it comes to addressing insurance matters.

  In most cases, whether you were a passenger or the driver, the medical expenses and hospital bills, as well as compensation for income loss, are typically covered by the car insurance company of the vehicle you were in, irrespective of fault. If the other driver lacks sufficient insurance or is uninsured, you may have the opportunity to seek compensation from your own insurance provider. In situations where you are a pedestrian struck by an uninsured or unidentifiable vehicle, you may be eligible for limited compensation provided by the state of New York or New Jersey through the Motor Vehicle Accident Indemnification Corporation (M.V.A.I.C.).

  Conducting a swift and thorough investigation is pivotal to achieving success in car accident cases. This entails the preparation of police reports, interviews with witnesses, and immediate documentation of vehicle damage at the accident scene. My team of investigators and I are dedicated to executing all essential investigative procedures.

  If you or a loved one has experienced a car accident in New York or New Jersey, please don't hesitate to reach out to me for a complimentary consultation. Your rights and potential compensation deserve immediate attention and action.

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• Injuries Sustained by Truck Drivers, Uber, and Lyft Employees

  

  Injuries sustained while working as a truck driver, Uber driver, or Lyft driver can lead to financial compensation through both workers' compensation claims and personal injury lawsuits, depending on the situation. Unlike personal injury law, where the focus is on determining liability, the Workers' Compensation Board primarily assesses whether the injured individual was on the job when the injury occurred. If the answer is affirmative, you may qualify for workers' compensation benefits. In cases where the workplace injury was not your fault, you are entitled to assistance.

  Personal injury law allows the injured party to seek compensation from the responsible party, whereas workers' compensation provides the injured worker with reimbursement for medical expenses related to the injury, replacement of lost wages, and financial compensation for future pain and suffering. To ascertain your rights under workers' compensation law, you need to determine if the injury took place during your work duties. If it did, you have a legitimate claim to workers' compensation benefits.

  It's important for Uber, Lyft, and truck drivers to recognize that they have a right to workers' compensation, even if the accident was their own fault. This means that an injured worker is still entitled to medical coverage, lost wages, and potential compensation through a legal action.

  What does workers' compensation cover? Workers' compensation insurance encompasses all medical costs, including hospital bills, surgeries, physical therapy, injections, and diagnostic tests like MRIs. Furthermore, it also provides for two-thirds (66%) of lost wages resulting from a job-related injury. In specific situations, you may also be eligible for workers' compensation insurance upon the conclusion of your case.

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• Accidents at Construction Sites

  

  Injuries that occur at construction sites can trigger questions regarding accountability, extending to property owners, architects, and equipment manufacturers, all of whom share the responsibility for ensuring workplace safety. Legally, owners, general contractors, and every subcontractor must take reasonable measures to guarantee a secure working environment.

  Manufacturers of construction equipment may bear responsibility for any harm their products cause. This risk often arises from mishandling damaged timber, the use of hazardous cranes, power tools, excavators, and various other construction machinery. These circumstances apply to both pedestrians who chance upon the site and individuals with legitimate reasons to be present at the construction site. Whether you're just passing by or have a lawful purpose for being there, you are potentially affected.

  With over two decades of experience assisting injured individuals, I possess the expertise to help you identify a third party accountable for the accident that led to severe injuries. We will also explore potential claims against the property owner and general contractor, who may be liable for site management and any resulting damages. If you or a loved one has suffered an injury at a construction site, and the incident took place during construction in New York or New Jersey, please reach out to me for a complimentary consultation.

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• Trip and Fall, Premises Liability

  

  Within commercial venues such as stores, banks, or retail chains, accidents and injuries sadly occur all too frequently. Regrettably, employees sometimes leave items like boxes, merchandise, and various objects on open surfaces, which can pose a significant risk of slipping and falling. Additionally, falls may result from improperly positioned or worn-out carpets, as well as remnants of construction debris. It's imperative to scrutinize every instance of these falls and meticulously assess the circumstances to determine the potential role of someone else's negligence.

  If you or your loved ones have been involved in an accident or suffered an injury in New York or New Jersey, please do not hesitate to reach out to me for a complimentary consultation.

• Incidents on Defective Sidewalks

  

  When sidewalks aren't adequately maintained and serviced, they become a significant hazard for pedestrians. In cases of damage, those who've suffered harm may be eligible for compensation.

  In numerous instances, sidewalk falls result from the negligence of others. Several factors can contribute to these falls, including:

  1) Cracks or potholes on the sidewalk.

  2) Damaged sidewalks.

  3) Sections of pavement that are uneven or raised.

  4) Portions of sidewalks with perilous slopes or protruding tree roots.

  5) Accumulated snow or ice on sidewalks.

  All these scenarios can arise on both public and private sidewalks. Concerning public sidewalks under the ownership of the City of New York, the city itself may bear responsibility. However, the law also imposes responsibilities on property owners who own and oversee the land adjacent to the sidewalk where the issue occurred. This often applies to stores, businesses, and other commercial establishments situated along city sidewalks.

  If the City of New York is accountable for sidewalk safety, the law mandates that a claim must be submitted against the city within 90 days of the fall. The prompt filing of the claim is a crucial requirement for initiating a lawsuit against New York City.

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• Injuries Resulting from Slips and Falls on Snow or Ice

  

  Property owners have a legal obligation to regularly clear snow or ice from the sidewalks in front of their buildings. Liability, fault, or negligence is determined by the duration since the weather conditions (snow, freezing rain, or other precipitation) that created a hazardous situation and the time when the area was made safe again.

  This clearing process can involve the use of salt, shovels, snow removal machinery, or other methods. Responsibility hinges on the timeframe of clearing and the level of caution exercised during these actions.

  In the event of a slip or fall on snow or ice, it's crucial to demonstrate that the responsible party either knew about or should have known about the perilous icy conditions prior to the accident. To establish this, numerous intricacies must be meticulously investigated by a skilled attorney.

  To ascertain the cause of your fall, it's vital to document when the weather event leading to the incident occurred. Often, this necessitates obtaining weather reports to determine the type and amount of precipitation (rain or snow) that occurred on the day of the accident and in the preceding days. These records should be acquired from the nearest weather station.

  If the conditions that caused your fall are still present, it's essential to take photographs as soon as possible. An inquiry is necessary to identify witnesses who can testify to the circumstances surrounding the incident.

  If you or your loved ones have experienced a slip or fall due to snow or ice in any location within New York or New Jersey, please reach out to me for a complimentary consultation.

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• Harm Occurring in Retail Establishments

  

  In the bustling streets of New York City, countless retail stores cater to the daily influx of thousands of shoppers. Unfortunately, accidents and injuries within these establishments and on their premises are not uncommon. Property owners in the city have a duty to uphold the safety of their premises, both indoors and outdoors. This responsibility encompasses not only maintenance but also security measures.

  When an individual sustains injuries due to the negligence of a retail store owner or manager in New York, they will likely require the guidance of a premises liability attorney to pursue compensation for their injuries and damages. At Lockamy & Associates, our team of New York retail store injury lawyers has been diligently representing injured victims and their families since 2015. We possess the resources, skills, and experience needed to vigorously advocate for your rights.

  Common Accidents & Injuries in New York Retail Stores

  Various types of accidents can lead to injuries in New York retail stores. Some of the most frequently encountered incidents include:

  1) Slip and fall accidents

  2) Elevator mishaps

  3) Incidents involving employee assaults

  4) Inadequate security measures, resulting in assaults within or around the retail establishment

  5) Insufficient lighting, leading to trips and falls

  6) Improper maintenance of stairwells, restrooms, aisles, etc.

  7) Falling merchandise due to improper display

  Injuries stemming from these accidents can range from neck and back injuries to severe fractures, brain injuries, and, tragically, even fatalities. In cases of catastrophic injury, you or your loved one may require extensive medical treatment and care.

  If you've fallen victim to negligence on the part of a New York retail store, we strongly encourage you to contact our office promptly. This will enable us to initiate an investigation into the circumstances surrounding your case. We maintain multiple office locations throughout the state to better serve you.

  Let Our Team Advocate for Your Just Recovery

  Our team of lawyers stands ready to assist you if you've been injured due to unsafe property conditions. We recognize that taking on a large corporation and establishing their liability may be necessary. At our firm, we have skilled legal professionals and insurance adjusters experienced in dealing with major corporate insurance companies. We are committed to tirelessly pursuing the maximum compensation for your injuries.

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• Municipal Liability Claims

  

  In cases involving local government entities, questions regarding the responsibility of the state, district, or city often come to the forefront. These entities are represented by their employees and various municipal institutions, which may include the Police Department, Fire Department, Sanitation Department, Department of Education, and Department of Environmental Protection. Municipal liability cases most frequently revolve around issues related to city streets. The concept of municipal liability can encompass both permanent residents of the area and those who are temporarily present. Illustrative cases include incidents on railway station platforms, accidents involving bus passengers, and mishaps stemming from the improper upkeep of residential properties, among others.

  When it comes to legal proceedings, filing a lawsuit against the municipality of New York typically involves significantly shorter timeframes compared to other types of cases. In general, this window is limited to 90 days, commencing from the day of the incident. It's worth noting that there are numerous exceptions where the deadlines for filing a lawsuit are even shorter.

  If you or your loved ones have been affected by the actions or duties of the municipal authorities in New York or New Jersey, please do not hesitate to contact us for a complimentary consultation.

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• Workplace Injuries at Residences

  

  Home care professionals confront a heightened risk of work-related injuries due to the continuous physical demands of their roles. Their daily tasks involve repetitive mechanical motions, lifting and relocating heavy objects and patients, and extended periods of standing. This type of work can result in muscle strain and injuries.

  In the event that you sustain an injury while on the job, the question arises: Who will provide you with care?

  If you are employed by an agency, your employer should extend workers' compensation insurance to you. This insurance covers a range of benefits, including compensation for lost wages, medical treatment, and rehabilitation. However, if you are an independent contractor or work on a non-employment basis and have been directly hired by a family to care for a loved one, the responsibility for injuries you incur while working falls on the homeowners. Unfortunately, homeowner insurance policies come with limitations. While some may partially cover workers' compensation expenses, many do not offer comprehensive coverage.

  If you have any inquiries regarding your particular circumstances, please don't hesitate to get in touch with me for a complimentary consultation.

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• Medical Negligence Claims

  

  Medical malpractice is a form of professional negligence exhibited by healthcare providers. If you or a family member have suffered harm due to the actions of a doctor, nurse, midwife, anesthesiologist, dentist, manual therapist, or pharmacist, it may be a result of these medical professionals deviating from the accepted standard of care. The evaluation of a medical practitioner's compliance with medical care standards involves comparing their professional competence with the norms upheld by peers in the same field and geographical area. In essence, it assesses what a proficient professional in a similar role or situation could have done in terms of patient care and treatment. It's important to note that unfavorable treatment outcomes do not always equate to subpar service; providing quality patient care in alignment with societal and medical specialty standards is a fundamental obligation.

  Common instances of substandard medical care encompass:

  1) Surgical errors

  2) Mistakes during childbirth

  3) Prescription errors

  4) Incorrect diagnoses

  5) Errors during anesthesia administration.

  I possess knowledge of the aforementioned examples of inadequate medical care, and I have access to experts who can substantiate such cases.

  Responsibility for medical malpractice can be attributed to various medical service providers, including but not limited to:

  1) Hospitals

  2) Nursing homes

  3) Medical facilities

  4) Physicians

  5) Physician assistants

  6) Nurses

  7) Surgeons

  8) Radiologists

  9) Specialists such as cardiologists, gynecologists, neurologists, oncologists, and others.

  In certain situations, liability for wrongful actions may be shared by multiple parties. For instance, as per the law, hospitals are obligated to ensure that the doctors and nurses they employ are sufficiently competent to fulfill their duties.

  The statute of limitations for initiating a medical malpractice lawsuit is 2.5 years or 30 months, commencing from the date of the medical error. If you continue to receive medical treatment after the error, and another error transpires during subsequent treatment, you have 2.5 years from the date of the last visit to file a lawsuit.

  There exists a legal exception known as the 'discovery rule,' which extends the timeframe for filing a lawsuit in cases where you were unaware of the doctor's error. The 'discovery rule' operates as follows:

  1) Foreign objects: If your lawsuit is based on a surgeon leaving a foreign object in your body, you have one year from the date you discovered or reasonably should have discovered the error.

  2) Cancer: If your case pertains to a cancer diagnosis, you have 2.5 years from the date of discovering the error to file a lawsuit. However, it's crucial to note that the claim must be filed no later than 7 years after the error occurred.

  If you or a loved one have suffered due to substandard medical care in New York or New Jersey, I encourage you to reach out to me for a complimentary consultation.

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• Injuries from Dog and Animal Bites

  

  In New York, you have the option to take legal action against a dog owner if their dog has caused you harm, regardless of the dog's prior behavior. This provides you with the opportunity to seek compensation for your medical expenses. To secure damages, it is essential to establish that the dog owner was aware of the potential danger posed by their dog and failed to take reasonable precautions to prevent injury.

  Owners are held responsible for covering the medical costs incurred due to incidents involving 'dangerous dogs'. According to New York law, a dog is classified as dangerous if it meets the following criteria:

  1) It has caused harm to or fatally injured a person, a domestic animal, or a farm animal.

  2) It has exhibited behavior that would lead a reasonable person to believe that the dog poses a serious threat of causing injury or death.

  Following a dog bite incident in New York, it is advisable to take the following steps:

  1) Immediately dial 911 and report the attack to the police. A written report is essential for pursuing a legal claim related to a dog bite.

  2) To identify the dog's owner, take photographs of the information on the dog's collar and, if possible, any identification on the dog itself. Additionally, document any physical injuries and make efforts to locate witnesses to the incident.

  3) Given that dog bites can result in severe injuries, it is crucial to seek prompt medical attention. There is a significant risk of contracting diseases like rabies or other infections, making the timely filing of a claim vital to mitigate further consequences.

  4) Keep a detailed record of all incident particulars, as this information may be essential for reconstructing the complete sequence of events.

  5) Reach out to an attorney as soon as possible. Your actions at this stage will contribute to recovering your expenses following the injury. The sooner you consult with an attorney experienced in animal-related cases, the greater your likelihood of success in your case.

  If you have any inquiries or concerns, please do not hesitate to contact me for a complimentary consultation.

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• Instances of Food Poisoning Illnesses

  

  Instances of food poisoning and reports of food-related illnesses arise due to infections, diseases, irritations, or inflammations of the gastrointestinal tract, triggered by the ingestion of spoiled or undercooked food. Food spoilage can occur at various stages of the food processing chain, encompassing cultivation, transportation, food preparation, and storage.

  Common manifestations of foodborne illnesses encompass:

  1) Botulism

  2) Cyclosporiasis

  3) Hepatitis

  4) Listeriosis

  5) E. coli infections

  6) Salmonellosis, among others.

  In humans, symptoms of foodborne illnesses typically surface anywhere from an hour to several days following the consumption of contaminated food. General symptoms include:

  1) Abdominal cramps

  2) Diarrhea

  3) Bloody stools

  4) Nausea

  5) Vomiting.

  Diagnosing food poisoning often involves the analysis of stool, urine, or blood samples. Foodborne illnesses can persist for days, extend to months, and even lead to fatal outcomes. Vulnerable populations, such as children, the elderly, pregnant women, and individuals with compromised immune systems, face heightened risks when consuming tainted or contaminated food.

  To initiate a lawsuit related to the consumption of contaminated food, it is imperative to preserve evidence establishing a direct link between the consumed food and the resulting illness. In many cases, confirming contamination with pathogenic bacteria or microorganisms necessitates the examination of food product samples.

  If you or your loved ones have suffered adverse effects after consuming tainted or contaminated food, please do not hesitate to reach out to me promptly for a complimentary consultation.

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• Cases Involving Assault at retail and entertainment establishments

  

  In accordance with the laws of the state of New York, you possess the entitlement to pursue a compensation lawsuit against individuals who have directly or indirectly caused your injuries. Our comprehensive investigation into the circumstances surrounding the assault on you will involve meticulous scrutiny of all relevant details, aiming to identify all parties involved. This could encompass:

  1) Perpetrator: The individual responsible for the assault will bear accountability for the injuries inflicted

  2) Establishments like bars, nightclubs, and property owners: If you were a patron, you hold a legitimate right to seek compensation from the owners. Under New York regulations, property owners are obligated to implement preventive measures to safeguard guests and visitors from unforeseen acts of violence committed by third parties. Essentially, owners must take essential security measures to shield you from potential or foreseeable harm. Insufficient security measures can provide grounds for legal action if you have been victimized.

  3) Landlords: Similarly, your landlord is obliged to undertake all necessary measures to ensure your safety and that of your guests. Failure to fulfill these obligations implies that the landlord is prepared to compensate you for a portion or the entirety of your losses.

  4) Educational institutions: Unfortunately, conflicts and assaults occasionally occur in New York schools. If your child experiences severe mistreatment or harassment at school due to inadequate supervision or safety rule violations, you have the option to hold the school accountable.

  Furthermore, our services extend to cases involving sexual assault, unlawful actions by law enforcement, and various other scenarios.

  In humans, symptoms of foodborne illnesses typically surface anywhere from an hour to several days following the consumption of contaminated food. General symptoms include:

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• Ceiling Collapse

  

  Negligent plumbing and maintenance are often to blame for significant ceiling collapses in New York City that result in serious injuries. If this occurs in an apartment building you live in or a property you were renting or visiting, you may be eligible for legal compensation. Our team is committed to providing strong legal advocacy to help our clients maximize their financial recovery.

  If you've suffered severe injuries and property damage due to a roof collapse, we encourage you to consult with a ceiling collapse attorney to understand your legal rights.

  Causes of ceiling collapses in apartment buildings

  There are various factors that can lead to a ceiling collapse, even in the city's many century-old buildings. However, there are numerous precautions available to reinforce aging structures. Unfortunately, when property owners, landlords, and builders cut corners or neglect significant structural issues, the consequences can be devastating.

  Without regular inspections and maintenance, it is challenging to detect if a roofing system is compromised. If underlying problems are ignored or inadequately addressed, the defect can worsen over time, posing a severe threat to occupants.

  In our legal experience, ceiling collapse incidents in New York City are often caused by:

  1) Unaddressed plumbing leaks in the ceiling

  2) Structural issues like faulty ceiling support

  3) Inadequate weight-bearing measures

  4) Violations of NYC building codes during construction

  5) Pest infestations that compromise structural integrity

  6) Failure to conduct routine inspections

  7) Negligent construction and maintenance practices

  8) Neglecting to remove ice or snow from roofing structures.

  Our dedicated ceiling collapse lawyers handle a wide range of accident claims in the metropolitan area, bringing extensive knowledge, resources, and expertise to each case. In New York City, building owners are legally obligated to ensure the structural soundness and safety of their premises. When this duty is breached, leading to injuries, our firm is ready to protect your rights and hold negligent parties accountable.

  Actual or constructive notice of ceiling issues

  To succeed in a premises liability lawsuit following a ceiling collapse, claimants must demonstrate that the property owner or manager had actual or constructive notice of a dangerous or defective condition, or they caused and created a hazard through their actions. Our attorneys will conduct independent investigations to uncover the truth, whether it involves a history of tenant complaints about issues like peeling plaster and leaky pipes, subpar repairs, or infrequent inspections.

  Actual notice refers to when the landlord, superintendent, or building manager is formally notified of a specific property concern, whether in writing or verbally. Constructive notice arises when a landlord or property manager should have been aware of a problem if they had exercised reasonable care through periodic inspections.

  A written complaint to a building owner or manager regarding a prior dangerous condition is compelling evidence, particularly if it shows that they had ample time to address the issue but failed to do so.

  Most ceiling collapse claims fall under premises liability, but some may involve product liability. For instance, if it is determined that faulty sheetrock screws or defective ceiling joists were responsible, liability may lie with the product's manufacturer or designer.

  Common injuries resulting from ceiling collapses

  Ceiling collapse accidents frequently result in catastrophic injuries, especially when victims are directly beneath the falling debris.

  When materials like cement, steel, and plaster collapse, victims may suffer from:

  1) Severe lacerations

  2) Fractured bones

  3) Crush injuries such as organ damage and punctured lungs

  4) Serious head injuries

  5) Concussions and brain trauma

  6) Spinal cord damage or paralysis

  7) Herniated and bulging spinal discs

  8) Torn ligaments and tendons

  Whether you're injured at work, in your own home, or a public building, ceiling collapse incidents can have significant physical, emotional, and financial consequences. Our attorneys collaborate with industry experts to identify liable parties and assess the full extent of your injuries and losses.

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• Wrongful Deaths

  

  In New York, a wrongful death lawsuit can be filed when someone, whether through their actions or negligence, is responsible for another person's death. These cases are heard in civil court, distinguishing them from criminal cases involving murder or intentional harm, which are tried in criminal court.

  Since the victim of wrongful death cannot seek compensation, New York laws allow their surviving family members or heirs to pursue claims on their behalf. These laws aim to provide fair and necessary compensation to family members who have suffered emotionally, financially, or both, following the wrongful death of a loved one. Whether through wrongful death lawsuit settlements in New York or judgments in similar cases, there are established standards for compensating those involved in a wrongful death lawsuit.

  When assessing damages for wrongful death in New York, courts consider factors such as loss of earnings and/or benefits, loss of companionship, emotional distress, and punitive damages.

  Regarding the deadlines for filing wrongful death lawsuits in New York, the lawsuit must typically be filed within two years of the person's death. While exceptions are possible but rare, it is crucial to consult with a lawyer to initiate the case as soon as possible.

  Failure to adhere to the statute of limitations can have serious consequences. If the deadline is missed, it could lead to forfeiting the opportunity to obtain compensation in the wrongful death case. If a lawsuit is filed after the expiration of the statute, the defendant may file a motion to dismiss the case with prejudice. This not only ends the case but also prevents future filings.

  When the statute expires, the opportunity to negotiate a settlement with the other party is lost. This is because the at-fault party and their insurance company are not obligated to negotiate a settlement following the violation of the statute of limitations.

  Failing to meet the filing deadline could hinder the pursuit of justice for the loss of a loved one. Allow our attorneys to handle all aspects of your case, including compliance with the statutory period.

  Grounds for a Claim

  The methods used to determine liability in a wrongful death case vary from state to state. Therefore, if your loved one was a victim of wrongful death in the state of New York, you would need to consult with a New York wrongful death lawyer familiar with the applicable laws.

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• Negligence involving Ride Share Companies, Uber, Lyft, Turo

  

  Following the emergence of ride-sharing services like Uber, a new trend of 'Auto Share' companies, such as Turo and 'Get Around,' has surfaced, connecting individuals with available cars. If you've been injured due to negligence by a Turo or Get Around driver, these companies typically offer significant insurance coverage for medical expenses and pain and suffering. Hiring an experienced personal injury attorney is crucial to confirm coverage with the auto share company. For assistance, contact Lockamy & Associates for a free consultation.

  Whiplash Symptoms:

  1) Car accidents can cause immediate and severe injuries, such as whiplash, affecting muscles, discs, nerves, and tendons in the neck. Symptoms include neck and shoulder pain, low back pain, dizziness, numbness, and concentration problems. Lockamy & Associates assists victims in finding suitable medical providers for treatment through their Personal Injury Protection (PIP) coverage.

  Steps to Take After a Car Accident:

  1) Call the Police: Always report the accident to ensure an official record. Note any injuries to avoid undervaluing your claim later.

  2) Survey for Witnesses: Gather witness information; their statements can be invaluable for your case.

  3) Photograph the Scene: Document the accident and vehicle damages as evidence, which can clarify liability and causation, potentially involving corporate defendants.

  4) Seek Medical Attention: Even if injuries seem minor initially, seek medical help within 14 days. Lockamy & Associates can connect you with suitable medical providers for post-accident care.

  5) Consult Your Lawyer Before the Insurance Company: Let your attorney handle communications with the insurance company to safeguard your claim. Insurance adjusters might aim to limit your case's value.

  6) Take Your Time: Understand your injuries and their long-term effects before settling. Florida allows four years from the accident date to file a lawsuit, ensuring you have adequate time to evaluate your situation.

  Lockamy & Associates, a client-focused firm, has a successful track record in recovering substantial settlements for auto accident victims. For a free consultation, contact us today.

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• Unjust Arrests and Unlawful Detention

  

  Law enforcement agencies are not vested with the authority to detain individuals, seize property linked to suspected criminal activity, or conduct searches of individuals and their possessions without valid probable cause. The cornerstone of police actions, including searches, detentions, and property seizures, hinges on the existence of legitimate legal grounds. Probable cause comes into play when an officer, in possession of factual information and contextual circumstances, reasonably believes that an individual has committed, is currently committing, or is on the verge of committing a criminal offense. It's crucial to emphasize that probable cause cannot solely rely on an officer's subjective suspicions or casual observations. To establish probable cause, an officer must substantiate their belief with factual details and contextual elements, which should demonstrate:

  1) The arrested individual's involvement in a criminal act.

  2) The connection between the arrest location and the alleged crime.

  3) The presence of evidence at the arrest site implicating the individual's guilt.

  4) The confiscated property's connection to theft, unlawful transportation, or acquisition through illicit means.

  In cases where a police officer effectuates an arrest lacking sufficient justification or knowingly detains an innocent person, the officer may be held accountable for an unlawful arrest. Under such circumstances, the detained party has the option to initiate a lawsuit against the responsible police officer, the police department, or the municipal authority to seek compensation for the damages incurred. These damages may encompass psychological distress and harm stemming from the negative publicity resulting from the wrongful arrest, which may tarnish the individual's reputation.

  False arrests can inflict humiliation, severe emotional trauma, and substantial financial losses. Nonetheless, establishing liability for a false arrest can be a convoluted process. A false arrest lawsuit necessitates demonstrating that a police officer intentionally arrested an individual, fully aware that the suspect was innocent of any crime. Even if subsequent events reveal the arrest to be unjustified, it is not deemed false if it was carried out with appropriate legal authorization.

  According to the law, a police officer is authorized to detain an individual if there exists probable cause. Absent probable cause, any arrest or detention is viewed as a breach of an individual's civil rights. Family members and acquaintances may also qualify for compensation, encompassing damages arising from humiliation, imprisonment, excessive force, job loss, or other harm resulting from a wrongful arrest.

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