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Ernest Holzberg & Associates Blog

New York City Personal Injury Lawyers

Ernest Holzberg & Associates FAQ

New York City Personal Injury Lawyers

I slipped on a wet floor in a market. Can I recover money from the market for my injuries?

It depends on the facts of your case. Generally in “slip and fall” cases like this, the store is liable if employees knew or should have known about the danger and did not take steps to fix it. Thus, if the floor became wet just before the accident and store employees had no time to clean it or post adequate warning signs, the store is likely not liable. But if the floor was wet for a while and employees knew or should have known about it but did not do anything, you have a good case.

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I was the victim of a "hit and run" driver or a driver who has no insurance. How can I protect myself against uninsured drivers?

The best protection is to carry the maximum amount of uninsured motorist insurance. This lets you collect money from your own insurance company in the event you’re in an accident with an uninsured or hit-and-run driver. You should also carry under-insured motorist insurance. This pays you benefits if the other driver does not have enough insurance to pay for all your injuries and losses. Even if you don’t own a car in New York State , you may be able to make a claim with MVAIC, a corporation set up to protect hit and run victims. There are strict time limits to make your claim, so please call us right away.

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What if the other driver did not have insurance?

Accident victims can recover compensation even if the other driver did not have insurance. Source of recovery may include your own insurance company, the driver’s employer or the car’s owner. We can help locate other sources to pay your damages.

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Can I receive money after an accident even if I had pre-existing health problems?

Yes. The fact you have a pre-existing health condition will not stop you from making a claim and recovering your damages. Whoever causes the accident takes you in the condition you’re in at the time of the accident. If the accident makes your condition worse, then you can recover damages. The fact that someone in better health would not have been hurt as badly as you were does not make any difference.

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