PRACTICE AREAS

PERSONAL INJURY

In personal injury cases, you owe no legal fees unless and until the wrongdoer pays a damage award. If you, or someone you know, has been injured by the actions of another, contact Attorney Cordovano to help you preserve, protect and defend your rights.

Peter M. Cordovano, P.C. can help ensure that you receive the damages award to which you’re entitled. More than 95% of Attorney Cordovano's personal injury cases have settled without ever going to trial, and has recovered money damages for his clients before a lawsuit is ever started.

Lawsuits

Personal injury lawsuits result when people are injured or die due to someone else's negligence. Under negligence, a wrongdoer is held responsible for the results of their action or inaction. The injury may be physical, emotional or financial, and can arise from a variety of sources or types of conduct. Some of the most common types of personal injury cases include slip and falls, automobile accidents, medical malpractice and product liability. The goal of a personal injury lawsuit is to determine who’s responsible for the injury, and to compel the responsible party to compensate the injured person for the losses sustained.

Causation

Not every person is entitled to recover money damages for their injury. Besides the injury, a person must prove through credible and relevant evidence, that the wrongdoer is legally responsible for their injuries. The injured person must also prove actual causation & proximate causation. Actual causation is literally cause and effect. Proximate causation is a question of fact, and is based on the circumstances of each particular case.

Damages

Injured people are legally entitled to damages for lost wages, past and future medical expenses, loss of enjoyment of life, physical disability and emotional pain and suffering. In NYS, the injured person’s spouse is also entitled to damages. This award is referred to as “loss of consortium”, and compensates a spouse for the loss of the injured or deceased spouse’s services and companionship. Other kinds of damages awarded in NYS, depending on the particulars of a case, compensate a person for the.

Punitive damages may also be awarded when someone’s conduct was particularly egregious. The court or jury may determine that the wrongdoer should be punished by paying an amount above and beyond the injured person’s actual damages.

Defenses

Assumption of Risk occurs when a person is engaged in risky conduct. In some situations, a wrongdoer's conduct, may not give rise to damages. If the injured person knowingly and willfully chooses to encounter a known hazard, then the law provides that the injured person assumed the risk of such injury and therefore, someone else may not be liable or only partially liable. For example, a person decides to play in a friendly game of tackle football and another player breaks their arm. Recovery in negligence is unlikely, because the injured person either knew, or should have known, of the risks inherent in the game and willingly chose to encounter them.

Statutes of Limitations are laws setting forth the period within which the lawsuit must be initiated. If a claim is not sued within the time period allowed by law, such claim shall be forever time-barred.

Comparative Negligence exists where the injured person’s own conduct contributed to their injuries.

AUTO ACCIDENTS

Motor vehicle accident (MVA) claims are complicated. If you are injured in an MVA, you will face wage loss, medical bills and possibly permanent disability. If you've been injured in an MVA, to best protect your interests, seek legal counsel from Peter M. Cordovano, P.C., a Law Firm that has made law in such cases.

MVA cases are the most common type of personal injury cases. According to the National Highway Traffic Safety Administration, someone in the United States is involved in a car accident every 10 seconds. Motorists are under a duty to operate automobiles with "reasonable care”, and the failure to use reasonable care is considered “negligence”. An injured person must prove that the wrongdoer was negligent, that their negligence caused the accident, and that the accident caused your injuries.

If you are in an automobile accident, stop and identify yourself. Most states require an individual not to leave the scene of an accident, even a minor one. In NYS, a person may be criminally prosecuted for leaving the scene of a personal injury motor vehicle accident (VTL §600).

Serious Injury

Peter M. Cordovano, P.C. represents people injured in motor vehicle accidents that have sustained "serious injury" (Ins. Law §5102).

New York State Insurance Law §5102 defines “serious injury" from a motor vehicle accident as a personal injury resulting in death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.

Uninsured or Underinsured Motorist Coverage

For a variety of reasons, intentional or otherwise, some motorists ignore motor vehicle insurance requirements or have insufficient insurance coverage.

Uninsured motorist coverage is a form of insurance that pays for bodily injury resulting from an accident with a negligent motorist that does not have liability insurance coverage. Underinsured motorist coverage is a form of insurance that pays for bodily injury resulting from an accident with a driver having liability insurance coverage that is less than the injured party's liability insurance coverage. This type of coverage, also known as "SUM coverage", may not be available on all insurance policies.

No-Fault Insurance

The law of the state in which a motor vehicle accident occurs determines who's responsible for resulting damages. In No-Fault Insurance states (like New York), fault is not placed on either party to establish responsibility for lost wage benefits and medical treatment. Drivers submit such claims to their own insurance company for payment without determining fault (i.e. "No-Fault").

For claims involving serious injury, Peter M. Cordovano, P.C. will assist in submitting your No-Fault forms, accident reports and all documentation to the applicable insurance companies.

MEDICAL MALPRACTICE

Medical Malpractice occurs when a negligent act or omission (mistake) by a medical professional results in personal injury or death. That is to say that a physician, nurse, dentist, technician, hospital, or hospital worker, etc., failed to do something they should have done, or did something they should not have done. Such cases can be as straight forward as performing surgery on the wrong limb, to as complex as tracing infections that can cause a wrongful death.

Medical malpractice cases are based on the concept that someone was injured a medical professional, and that their action or inaction deviated from generally accepted standards of practice. Such cases are also based on the concept that a medical professional failed to meet required medical standards of skill and care.

Medical malpractice cases are complex and costly. Theoretically, you can seek compensation for any injury caused by negligence, time and money make it unrealistic to sue for a medical malpractice injury that is minor or quickly resolves.

If you believe that you have suffered medical malpractice you should immediately contact the Office of Professional Medical Conduct (OPMC).

New York State Physician Profile

Visit the NYS Physician Profile for more information on doctors licensed to practice medicine in NYS. Information in the profile is provided by the physician and includes education, practice information, specialty, professional activities and legal actions.

If you’ve been injured by someone else’s negligence, Peter M. Cordovano, P.C. can help you get the compensation you are entitled to not just for your physical injuries, but for your psychological, emotional and financial injuries as well.

If you have questions, or need an experienced and dedicated attorney, call Peter M. Cordovano, P.C. today for an appointment at 845-691-4200. Your case will be handled immediately, personally, confidentially and professionally.

This site and the information contained herein are not intended to be, nor should same be construed as a substitute for legal advice. For any particular issue or concern, please consult with an attorney.