If you have been seriously injured by the fault of another, you have the right to claim fair and just financial compensation for each and every aspect of damage you sustained. In order to build the strongest case, however, there are actions you can take immediately after your accident that help to build your case, preserve evidence, and assist your lawyers in fighting for you.
After your accident, follow this simple advice:
- Call the police or have someone call for you
- Request medical attention
- Identify names and contact information of any witnesses
- Take photographs of the scene of your accident
- Take photographs of your injuries if they are visible
- Do not give any statements to representatives of the at-fault party
- Follow all medical instructions
- Do not minimize your medical injuries
- Do not post on social media about your accident or injuries
- Retain copies of any medical records or receipts for out-of-pocket expenses
- Call the lawyers at Dansker & Aspromonte Associates LLP
Don’t worry if you have not been able to follow all of the above guidelines. The most important action you can take, however, is consulting immediately with an experienced team of lawyers who have an established track record fighting for personal injury victims just like you. By delaying, you run the risk of allowing evidence to be lost, taking actions that can weaken your claim, and missing crucial filing deadlines that can be catastrophic to your rights to compensation. Don’t delay. Contact the lawyers at Dansker & Aspromonte Associates at (212) 732-2929. The consultation is free.
Preserving Evidence Is Crucial
Once you retain us to fight for you, our lawyers will investigate the unique facts and circumstances of your case, continue to preserve evidence, and build a strong claim that the careless actions of another caused your serious injuries. In many instances, the quality and thoroughness of this investigation can make a significant difference in the ultimate amount of your financial recovery. For this reason, Dansker & Aspromonte Associates LLP attorneys have focused on careful and intensive case investigation since 1988.
Some of the actions we customarily take include:
- Obtaining all police or incident reports
- Interviewing the responding police officer
- Conducting a site visit
- Determining if there is video footage of your incident
- Taking photographs
- Hiring a private investigator
- Interviewing all witnesses
- Consulting an accident reconstruction expert
- Obtaining all hospital and medical records
- Consulting with medical experts regarding your injuries and the permanent effect of the injuries
- Collecting your lost earnings records, if applicable
- Performing an economic analysis of past and future financial losses
- Demanding records and sworn statements from all at-fault parties
Individuals Can Be Held Liable for Your Injuries
Every bar and nightclub patron understands the role of a bouncer. It is entirely within a bouncer’s rights to ask you to leave the premises if given good reason to do so. However, they must refrain from using force unless you pose a threat to yourself or others.
Bar and nightclub personnel are not immune to assault claims and will be treated as ordinary citizens in a court of law. If you or another patron is asked to leave the property and choose not to, a bouncer is expected to summon law enforcement rather than act in a physically aggressive manner. If they opt to intervene physically, and you are injured as a result, you could sue the bouncer and their employer for liability in a personal injury case.
Liability Applies to Nightclubs & Bars
Holding a bouncer personally responsible for your injuries alone may not result in an actual financial recovery since that person may not have any money or insurance to hire an attorney or pay your damages.
In most cases, a claim brought against a bouncer can also be made against their employer or bar owner to better ensure the possibility of financial means to pay for your damages.
For instance, if you were assaulted by a bouncer, the evidence may show that the establishment was responsible for the actions of that person since they failed to:
- Conduct a background check
- Properly train their employee
- Supervise the actions of the bouncer
- Retain the bouncer even after earlier episodes of poor behavior
Bouncers may be held accountable not only for taking unreasonable actions but also in failing to act to protect a bar or club patron. If you were injured by another patron, and the bouncer did not take appropriate measures to intervene or keep you safe, you may be able to argue that the establishment allowed you to get hurt. In these instances, nightclubs can be held liable for any personal injuries suffered as a result of an altercation with a bouncer or another patron.
Not every assault in a bar or club will result in a successful claim, however. Just because you were injured does not automatically entitle you to compensation. Every case is dependent on unique facts and circumstances. In order to build a successful claim against a bouncer and club or bar establishment, a thorough and careful investigation is required as soon as possible to build a strong claim.
Some of the components of this investigation may include:
- Obtaining police and incident reports
- Securing video footage of the incident before it is destroyed
- Interviewing witnesses
- Consulting experts in bar or club security operations
- Demanding sworn statements from bar management and the bouncer involved
- Evaluating employment records and past incidents at the location
- Examining EMS and ER hospital records
Why You Should Hire a Lawyer
While you are not required to hire a lawyer to fight for you, it is rarely a good idea to represent yourself. When the representatives of the at-fault party see that you are not represented by an attorney, they can take advantage of you by making arguments or statements about the value of your injuries that are inadequate. Additionally, you may be encouraged to give a sworn statement to those representatives, which can be used against you even if you don’t agree to their settlement offer. Without legal representation, you may also fail to file your claims for benefits or monetary compensation by the deadline. Don’t take a chance. Call our lawyers today at (212) 732-2929. The consultation is free, and you will not be required to pay us any money upfront.
Our Lawyers Will Fight for Fair Compensation
If you sustained serious personal injuries as the result of the fault of another party or parties, the law permits you to demand fair and reasonable compensation for each and every aspect of damage that you sustained. Since 1988, the lawyers at Dansker & Aspromonte Associates LLP have been fighting for victims just like you so that they receive what justice entitles them to.
Though every case is unique, the following is a list of the types of financial damages that may be available in your case:
- Pain and suffering, which the Legal Information Institute (LII) explains “compensates you for your physical or emotional distress resulting from an injury”
- Future pain and suffering, if your injuries are deemed permanent
- Loss of enjoyment of life
- Lost earnings
- Future lost earnings
- Loss of employment, retirement, or pension benefits
- Past hospital and medical expenses
- Future hospital and medical expenses
- Any other out of pocket expenses as a result of your injuries
- Loss of services in the home or damage to the marital relationship
In the event of death resulting from an accident, family members may also be entitled to monetary damages for the loss of guidance to a child or grandchild, loss of financial support, funeral and burial expenses in addition to other unique damages
Circumstances that May Result in a Personal Injury Case
We handle a very diverse list of accident cases.
Some of the types of accidents we have handled in decades of representation include:
- Incidents resulting in the death of an injured party
- Construction accidents
- Workplace accidents
- Premises liability incidents such as trip and falls
- Falls on the roadway or sidewalk
- Motor vehicle accidents
- Police or firefighter injuries
- Dog bite attacks
- Negligent security in a building leading to assault
- Nursing home abuse or neglect
- Medical malpractice
