Frequently Asked Questions about Personal Injury Law

If you have lost a family member or suffered injuries as a result of another person's negligence or misconduct, working with an attorney who has exemplary legal skills can help you to achieve the favorable verdict or settlement to which you are entitled. To find out how our firm can work with you to address your immediate needs, contact us to schedule a consultation and case evaluation with an experienced personal injury attorney.

Personal Injury Lawyers

Whether you were involved in an automobile accident or suffered a slip and fall injury, you deserve fair compensation for the medical expenses, lost wages, pain and suffering and the other losses you have suffered as a result. You also deserve to have an attorney who can effectively fight to protect your rights and interests.

At Larkin Axelrod Ingrassia & Tetenbaum, LLP, you will have that and more. We are highly experienced in handling personal injury claims throughout the state of New York and have had great success in personal injury and wrongful death cases associated with all types of negligence. You can trust us to aggressively pursue your claim and seek maximum compensation for the harm others have caused you and your loved ones.

For a free Personal Injury consultation, contact our offices in Newburgh or Middletown, New York, online or call 845-234-4852 (local) or 877-278-5062 (toll free).

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Frequently Asked Questions About Personal Injury Law

Q: How do I know if I have a personal injury case?

A: First, you must have suffered an injury to your person or property. Second, you should consider whether your injury was someone else's fault. It is not always necessary to have a physical injury to bring a personal injury lawsuit — some personal injury claims can be based on a variety of nonphysical losses and harms. In the case of an assault, for example, you do not need to show that a person's action caused you actual physical harm, but only that you expected some harm to come to you. Similarly, you also may have a case if someone has caused injury to your reputation, invaded your privacy or intentionally inflicted emotional distress upon you.

Q: How soon after I am injured do I have to file a lawsuit?

A: Every state has certain time limits, called "statutes of limitations," which govern the amount of time you have to file a personal injury lawsuit. If you miss the deadline for filing your case, you may lose your legal right damages for your injury. Consequently, it is important to contact a lawyer as soon as you suffer or discover an injury.

Q: What should I bring with me for my meeting with a lawyer?

A: You should provide a lawyer with any documents that might be relevant to your case. Police reports, for example, contain eyewitness information and details about the conditions surrounding the event from which your claim arises. Copies of medical reports and bills from doctors and hospitals will help demonstrate the extent and nature of your injuries. Information about the insurer of the person who caused your injury is extremely helpful, as are any photographs you have of the accident scene, damaged property and your injuries. The more information you are able to give your lawyer, the easier it will be for him or her to determine if your claim will be successful. If you haven't collected any documents at the time of your first meeting, however, don't worry; your lawyer will be able to obtain them in his investigation of your claim.

Q: What if a person dies before bringing a personal injury lawsuit?

A: If a person injured in an accident subsequently dies because of those injuries, that person's heirs may typically recover money through a lawsuit known as a wrongful death action. Also, even if a person with a personal injury claim dies from unrelated causes, the personal injury claim survives in most cases and may be brought by the executor or personal representative of the deceased person's estate.

Q: What is "negligence?"

A: The critical issue in many personal injury cases is just how a "reasonable person" was expected to act in the particular situation that caused the injury. A person is negligent when he or she fails to act like an "ordinary reasonable person" would have acted. The determination of whether a given person has met the "ordinary reasonable person" standard is often a matter that is resolved by a jury after presentation of evidence and argument at trial.

Q: What if I can't prove someone's negligence caused my injury? Is there any other basis for personal injury liability besides negligence?

A: Yes. Some persons or companies may be held "strictly liable" for certain activities that harm others, even if they have not acted negligently or with wrongful intent. Under this theory, a person injured by a defective or unexpectedly dangerous product, for instance, may recover compensation from the maker or seller of the product without showing that the manufacturer or seller was actually negligent. Also, persons or companies engaged in using explosives, storing dangerous substances, or keeping dangerous animals can be strictly liable for harm caused to others as a result of such activities.

Q: Will the person who caused my injury be punished?

A: Not in the traditional sense of the word. Defendants in civil actions for personal injury do not receive jail terms or criminal fines as punishment. Those are criminal sentences, and personal injury cases are civil actions. However, in some cases, juries and courts can award what are called "punitive damages," which are designed to punish defendants who have behaved recklessly or intentionally against the public's interest. The goal in ordering the payment of punitive damages is to discourage such defendants and others from engaging in the same kind of harmful behavior in the future.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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July 2011 – Client's conviction for DWAI successfully overturned
John Ingrassia and Kathleen Wells teamed up to successfully overturn a client's conviction for DWAI. The NY State Supreme Court Appellate Term for the 9th and 10th Judicial Districts held that our attorneys were correct...
2011 - DWI Checkpoint Evidence Suppressed
April 2011 - John Ingrassia and Kathleen Wells were successful in obtaining the suppression of all evidence derived as a result of the stopping and arrest of a client charged with DWI.
2011 - DWAI Dismissed
April 2011 - John Ingrassia and Kathleen Wells successfully filed a motion to vacate a defendant's prior conviction for Driving While Ability Impaired by Alcohol claiming that he did not receive effective assistance of counsel in that case.
2011 - Driving Without Insurance Overturned
April 2011 - John Ingrassia obtained a not guilty verdict after trial for a charge of driving without insurance. His client was operating an uninsured motor vehicle when he was stopped by New York State Police.
2011 - Not Guilty Verdict on 3RD Degree Assault & Harassment Charges
March 2011 - After trial, John Ingrassia obtained a not guilty verdict for a man accused of assault third degree and harassment.
2011 - Breath Test Results Successfully Suppressed
February 2011 - John Ingrassia and Kathleen Wells successfully argued that our client was denied the right to consult with an attorney in order to determine whether to submit to a breath test to determine blood alcohol content.
2011 - DWI Charges Dismissed
January 2011 - John Ingrassia successfully argued that his client who was charged with DWI was unlawfully stopped by police where the only violation the arresting officer observed was driving over the white fog line on Interstate 84.
2011 - Supreme Court Decision Overturned
March, 2011 - Larkin, Axelrod, Ingrassia & Tetenbaum, LLP successfully overturned a Supreme Court Decision and Order which denied a motion to dismiss a divorce action based on lack of adequate grounds for divorce.
2011 - Appeal Won In Appellate Division, Second Department
January, 2011 - Larkin, Axelrod, Ingrassia & Tetenbaum, LLP won an appeal in the Appellate Division, Second Department and was able to have a Qualified Domestic Relations Order vacated where the Order granted a...
2010 - Couple Compensated for Faulty Swimming Pool Installation.
Paul Teutul Sr. can not make Paul Teutul Jr. to sell his 20 percent interest in Orange County Choppers Holding Inc., as determined by an appeals court ruling.
2010 - Paul Teutel Jr. Wins Appeal Against Orange County Choppers Holding Inc.
John Ingrassia and Raymond Raiche were successful in bringing a small claims petition on behalf of a husband and wife homeowner against a swimming pool company from whom they purchased an above ground pool...
2010 - Hiring A Lawyer For Loan Modification Assistance
Homeowner’s behind in their mortgage can sometimes benefit from hiring a lawyer to try to modify their loan and advert foreclosure.
2010 - Marijuana Charges Dismissed
August 2010 - John Ingrassia was able to work out a very favorable plea bargain with the prosecutor's office and the local justice court in Orange County. After our client was stopped for speeding by police, the officer detected odor of marijuana and the driver admitted to having recently consumed marijuana.
2010 - Felony Grand Larceny and Conspiracy charges yield Probation and Community Service
On August 24, 2010 Bryan Dunn was sentenced to 300 hours of community service and 5 years of probation for his part in a million-dollar Walmart theft ring.
2010 - Kathleen Wells and John Ingrassia Present a DWI CLE Program
On July 29, 2010, Kathleen Wells and John Ingrassia presented a teleconference Continuing Legal Education (CLE) program for attorneys entitled "New York DWI Update - What You Need to Know"
2010 - John Ingrassia Authors Chapter of Book "Inside the Minds - Trial Techniques for Criminal Cases"
John Ingrassia authored a chapter entitled "The Defense Attorney as Investigator: Uncovering Evidence to Defend Your Client's Case" in the book "Inside the Minds - Trial Techniques For Criminal Cases" by Aspatore Publishing.
2010 - Aggravated DWI and DWI Charges Dismissed
In a July 2010 trial, John Ingrassia obtained dismissals on charges of Aggravated DWI and DWI in return for a guilty plea of Reckless Driving.
2010 - DWAI Case Dismissed in the Town of Montgomery
John Ingrassia was successful in a July 2010 trial and DWAI charges against our client were dropped in the Town of Montgomery.
2010 - Two DWI Charges Dismissed Due to Speedy Trial Rights Violations
On July 20, 2010, John Ingrassia obtained dismissals on two separate DWI cases in a local Justice Court. The dismissals were based on Mr. Ingrassia successfully arguing that the delay in bringing his clients to trial violated their Speedy Trial Rights under the New York State Criminal Procedure Law and US Constitution.
2010 - Plea Bargain Accepted Before Murder Trial Starts
2010 - GOSHEN - James J. Babcock pleaded guilty Friday in Orange County Court to the killing of Elaine Ackerman because he didn't want to risk the possibility of 26 ? years to life in prison for murder.
2009 - LAIT Provides Christmas Gifts for Children
LAIT once again participated in the Ulster County DSS and Ulster County Bar Association "Adopt-A-Star" program to provide Christmas gifts for children who are in foster care in Ulster County.
2009 - LAIT Receives Partner in Justice Award for Probono Service
On October 28, 2009 the firm of Larkin Axelrod Ingrassia and Tetenbaum, LLP was awarded the Partner in Justice Award from the Board of Directors of Legal Services of the Hudson Valley/ProBono NY Orange County Committee.
2009 - Middletown Ny Bar Association Elects Two Lait Attorneys as Officers
On December 9, 2009 at the Middletown Bar Association Annual Dinner, Larkin Axelrod Ingrassia & Tetenbaum, LLP had two associates elected to the Executive Board of the Middletown Bar Association (Orange County NY).
2009 - Not Guilty Verdict on Forcible Rape and Unlawful Imprisonment Charges
After a week-long jury trial, Craig Stephen Brown and Kathleen Wells obtained a not guilty verdict by an Orange County jury on a case where the client was accused of forcible rape, forcible sexual abuse, and unlawful imprisonment of an acquaintance.
2009 - Items Suppressed After Declared Illegally Seized in Execution of Search Warrant
An Orange County Court Judge issued a Decision and Order suppressing credit cards illegally seized during the execution of a search warrant.
2009 - John Ingrassia Named By Super Lawyers For Criminal Defense: Dui/Dwi
John Ingrassia has been selected by Super Lawyers as one of the top attorneys in the field of Criminal Defense and DUI/DWI Defense In Upstate New York for 2009.
2009 - Not Guilty Verdict On Menacing Charges With A Gun
After a three day jury trial, John Ingrassia recently obtained a not guilty verdict by a Town of Wallkill jury on a case where his client was accused of menacing another individual with a loaded handgun during an alleged incident last year.
2009 - Jury Awards $804K to Woman in Falldown on Ice Case
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2009 - A motorcyclist was struck by a car that failed to yield the right of way, causing an injury to his leg. The car carried $100,000 insurance limits.
2009 - Leave to the Court of Appeals Granted
Kathleen Wells requested leave in a felony sexual abuse case to appeal to the highest court in New York State: the Court of Appeals.
2009 - Vacating of a client's jail sentence for speeding
Kathleen Wells appealed a two weekend jail sentence imposed upon an 18 year old for speeding 102 miles per hour in a 65 mile per hour zone.
2009 - Acquittal in Town of Wawayanda DWI case
Daniel Jackson won an acquittal for a client charged with Driving While Intoxicated (DWI) and Possession of an Open Container of Alcohol in a Motor Vehicle in the Town of Wawayanda Justice Court.
2009 - Reversal of a client's Integrated Domestic Violence Court conviction of Harassment in the 2nd Degree
This case involved a trial in which a wife accused her husband of Harassment in the Second Degree. At trial, the husband sought to introduce evidence that his wife had previously threatened to "get" him.
2009 - Acquittal in Town of Cornwall Criminal Mischief case
Daniel Jackson won an acquittal for a client initially charged with Criminal Mischief in the Third Degree in the Town of Cornwall Justice Court.
2009 - Two acquittals in Town of New Windsor DWI cases
John Ingrassia won separate acquittals within weeks of each other in the Town of New Windsor Justice Court for clients charged with multiple counts of Driving While Intoxicated (DWI).
2009 - Acquittal in Town of New Windsor DWAI case
Daniel Jackson won an acquittal for a client charged with Driving While Ability Impaired (DWAI), Speeding and Failure to Keep Right in the Town of New Windsor Justice Court.
2009 - Successful overturn of Family Court Decision
Azra Khan recently won an appeal in the Appellate Division, Second Department where we successfully overturned a Family Court Decision which granted a downward modification of a non-custodial parent's child support obligation.

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Frequently Asked Questions about Personal Injury Law

Personal Injury Lawyers

Frequently Asked Questions About Personal Injury Law

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