Negligence/Serious Injury

Lipsitz & Ponterio, LLC represents people who have been seriously injured in motor vehicle accidents and accidents involving defective products, and in a variety of other accidents occurring at home or at work.

Serious personal injury claims typically involve defective products, motor vehicle accidents, falls, and other injuries resulting from another person's negligence or unreasonable conduct. If you or a relative have suffered this type of injury, it is very important that you take immediate legal action. New York State Law imposes strict time deadlines on personal injury actions, and if you fail to act under the legal time limitations, you may be barred from ever pursuing your right to full and proper compensation. In certain cases, New York State Law requires that an injured person give "notice" of their claim within a specific period of time or the claim will be barred.

Frequently Asked Questions

1. What is the first step in a personal injury case?

The first step is to investigate the facts. Many times there are situations where our investigators and experts will immediately need to evaluate the accident scene. This is important to ensure that potential evidence is preserved. Lipsitz & Ponterio will ask all the necessary questions and will determine which evidence is important.

2. What legal fees are involved?

Lipsitz & Ponterio handles personal injury cases on a contingency fee basis. Our legal fee is payment for the time and commitment we devote to your case. This legal fee is a percentage of the money we recover for you in your lawsuit, generally 33 1/3 percent. If there is no recovery, you will not pay us a legal fee. Most personal injury lawsuits also include out-of-pocket expenses for such items as the cost of copying medical records, court imposed filing fees, and the cost of hiring expert witnesses. These out-of-pocket expenses are called disbursements and we pay ourselves back from your recovery in the lawsuit before calculating our contingency fee. This is the standard manner in which lawyers handle out-of-pocket costs in personal injury cases.

It is our practice to discuss fees and disbursements with our clients in an open and honest manner. It is important to us that you fully understand all aspects of our relationship with you, including legal fees and disbursements. The firm's experience and hands-on attorneys will guarantee that you fully understand all aspects of the attorney/client agreement.

3. If I am injured in an accident, what are my rights?

If you are injured due to the negligence or wrongdoing of another person or entity, you may be entitled to pursue a claim for medical expenses, lost wages, lost benefits, pain and suffering, permanency of your injury, and loss of enjoyment of life. There are strict time limitations that apply. These vary depending on the nature of your personal injury claim. Therefore, it is extremely important that you contact us immediately to determine exactly what rights you have and what time limitations may apply to the facts surrounding your injury case.

6. What is the main area of your practice?

Lipsitz & Ponterio, LLC is a civil trial litigation firm capable of and experienced in representing the interests of people who have been seriously injured. We will vigorously represent your interests from start to finish. Our attorneys have excellent trial skills, detailed command of all of the facts of the case (including the medical conditions), the ability to evaluate complex liability situations, and most importantly, the ability to understand the client's needs to secure the best possible settlement or verdict.

Personal injury is a constantly changing area of the law, and in most cases it is not reasonable to expect general practice lawyers to handle your personal injury case. A large percentage of our firm's cases are referred by other lawyers who know that Lipsitz & Ponterio, LLC has the talent and experience to obtain for its clients the best possible results.

7. What are my rights as a client?

You have the right to an attorney who is capable of handling your case competently and vigorously from start to finish. You have the right to be treated with courtesy and consideration at all times. Your telephone calls will not go unanswered at Lipsitz & Ponterio, LLC. You have the right to be charged a fee that is reasonable and the right to have the fee arrangement completely and fully explained to you at the beginning of your relationship with us. We will keep you informed of the status of your case. Also, as a client of Lipsitz & Ponterio, LLC you will have the right to privacy in dealing with your attorney and to have all of your confidential communications protected at all times.

8. How long can someone wait to bring a legal claim?

The time limits under New York State Law for bringing an action for personal injury vary depending on the type of case. In some cases the injured person must file a written notice of claim within the first ninety (90) days following the date of the accident. It is extremely important to secure a lawyer as soon as possible after the injury to determine the proper time limitations.

It is also extremely important to contact our firm immediately in order to investigate all of the facts and to preserve the best evidence for your case. Each case involves unique circumstances and situations that will be carefully analyzed and addressed throughout the process of our firm's investigation into your claim. It is extremely important that the first step you take after your accident is to contact our firm so we can investigate your claim and investigate your rights under the law.

9. How long will my case take to be resolved?

The process of securing proper compensation in your personal injury claim can range from six (6) months to a few years. Our considerable experience and knowledge of the local court system enables us to move your case along promptly and efficiently.

10. What if a family member was killed in accident?

A wrongful death claim is a lawsuit filed after a person dies due to the negligence of another. Wrongful death cases occur in a number of different situations, including auto accidents, construction accidents, medical malpractice, and product liability cases. The point of a wrongful death case is to secure full and fair compensation to survivors of injured victims.

Wrongful death cases are brought to secure money damages for the survivors of a person injured in an accident. Those survivors eligible to collect money damages are the ones who were dependant upon the family member who died. Generally, this would include a widow and minor children. A wrongful death case also seeks recovery for the costs of medical care and treatment related to the injury which caused the death.

In a time of grief it may be difficult for family members to focus on and understand the importance of their legal rights. Lipsitz & Ponterio, LLC will provide prompt investigation of the circumstances of the death, preservation of all necessary evidence, and identification of the responsible parties on behalf of the survivors and /or beneficiaries.

11. What rights do I have if I am injured on someone else's property?

New York State Law requires that property owners use reasonable care in keeping their property safe to avoid conditions that could cause injury. While not all accidents occurring on the property of another are compensable, there are many situations which are caused by the owner's negligence that are rightfully compensable. These are called premises liability cases. Property owner's insurance coverage, such as homeowners, commercial or renter's insurance, not only covers many accidents on the property, but also provides coverage to persons for many accidental injuries caused off their premises.

Lipsitz & Ponterio, LLC has extensive experience and success in pursuing full and fair compensation for clients injured through the negligence of others. Premises liability cases include: slip and fall, dog attacks, assault and battery cases, toxic exposure cases, and personal injuries that have occurred as a result of defects on property which were either caused or allowed to exist because of the owner's negligence. Lipsitz & Ponterio, LLC has extensive experience in pursuing client's rights in premises liability cases to obtain full and fair monetary recovery.

Cases/Verdicts

Pedestrian Struck by Bus Receives Settlement

Shortly before the start of trial in Ithaca , New York , a Lipsitz & Ponterio, LLC client received an out-of-court settlement. An Ithaca Transit bus had struck the elderly man as he crossed a busy intersection in Ithaca , New York . As a result of the collision, the gentleman suffered a fractured skull and other closed head injuries.

The insurance company argued that the pedestrian was at fault because he crossed against the light and was not in the crosswalk at the point of impact. Attorneys John Comerford and Michael Ponterio located numerous witnesses and retained the services of an accident reconstructionist who proved that the bus driver was at fault. The insurance carrier settled the case.

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Man Injured When Prank Goes Awry

In August 2000, a volunteer firefighter was injured at a firefighter convention in Little Valley, New York. The victim sustained a grade III shoulder separation, requiring two shoulder surgeries. The defendant firefighter's insurance company refused to settle the case. The court scheduled two separate trials with two separate juries: the first to determine liability and the second to assess damages. Attorneys John Comerford and Neil McKinnon presented testimony for five days regarding liability to the jury. The jury deliberated for two hours and found the defendant partly at fault. The parties reached a confidential settlement a few weeks prior to the damages trial.