Long Island Liquor Liability Injury Attorney

Skilled Liquor Liability Injury Attorneys Serving Long Island, NY

The law obviously allows an injured party to make a claim against an intoxicated person that causes them injuries. But what if the intoxicated person has little or no insurance which would pay for your injury-related expenses? The good news is there may be an additional party that an injured person can make a claim against. New York requires that the owner of a bar or restaurant sell alcohol to patrons responsibly. This means that a bar or restaurant may not sell alcohol to anyone who is underage. It also means that they may not sell alcohol to visibly intoxicated individuals over the age of twenty-one. Failure to adhere to this law will expose the Restaurant or Bar to liability for the intoxicated individual’s negligent or intentional actions that cause another injury. This has become known as the “Dram Shop Law.” The name comes from the term dram, which is defined as a small unit of liquid. Palermo Law has a Long Island Liquor Liability Injury Attorney dedicated to representing individuals that have suffered serious injuries as a result of another’s negligent actions.

When to Consult With an Attorney

Not all accidents require the assistance of an accident attorney. But if you have suffered an injury from neglectful conditions, it’s a good idea to speak to an attorney before discussing your case with the representative from the property owner. Often, a personal injury attorney can protect your legal rights, recoup compensation for lost wages and medical bills and obtain a settlement for your pain and suffering.

How Much Is My Liquor Liability Case Worth?

The value of an injury suffered in a liquor liability accident is an accumulation of several different factors. These include any accident related economic expenses such as lost wages, as well as non-economic losses such as pain and suffering. At Palermo Law, our experience in handling thousands of accident cases allows us to accurately assess the value of your case to determine the fairest settlement or jury award. In cases of long-term injuries, we partner with experts in the fields of medicine and economics to make sure that your compensation is adjusted for future inflation. This allows you the peace of mind knowing that you will be compensated for years to come.

Liquor Liability Injury in Car Accidents

If you are struck by a vehicle operated by an individual who was over-served alcohol at an establishment, that establishment may also be held liable for damages. There’s a chance that had that establishment not over-served said individual, they may have chosen not to drive drunk. So, if you seriously injured in the accident and the drunk driver does not have sufficient automobile insurance to cover your damages (medical bills, pain and suffering, etc.), you may be able to collect from the establishment’s liquor liability insurance (if they have it). If the establishment does not have liquor liability insurance, you may be able to collect from the establishment’s assets.

Liquor Liability With Assault

Another example of dram shop liability commonly occurs in cases of assault. Too much alcohol can lead to lowered inhibition and sometimes even aggression. If you are assaulted by an individual who was over-served at an establishment, both the individual who assaulted you and the establishment that over-served them liquor are liable and must cover your damages. Regardless, a prudent attorney will leave “no stone unturned” and diligently investigate to determine potential liability of all parties involved.

Liquor Liability FAQs in Long Island

First, Seek Medical Attention. It’s important to do this right away, as well as document your injuries and begin the appropriate treatment.

Second, document the condition that caused the injury. If you are in an accident with a drunk driver, take a picture of the car, the damage and the scene of the accident.

Third, collect the names of any witnesses and their contact information. This is especially important if you were assaulted by an intoxicated person at an establishment. If other people saw that the person was visibly intoxicated, then it can be proven that the property owner is partly responsible for your injuries. Often, people will stay around and offer to help. Ask for their contact information right away because once they leave the scene of the accident their identity may be lost forever.

Finally, contact an experienced liquor liability lawyer right away. Insurance company representatives will try to get statements from you to protect their own liability. Make sure you have a qualified liquor liability attorney representing you to ensure that these companies do not minimize the compensation owed to you.

How Do I Recover Losses If I’m Injured by An Intoxicated Person?

In many cases, a person that suffers an assault may have outstanding medical bills, lost wages and emotional trauma. If you’ve been the victim of an assault, you have the option to pursue compensation from the responsible party or parties. However, New York has a limited Statute of Limitations. The Statute of Limitations for assault is generally one year from the date of the assault. In some instances, there can be an even shorter period of time to make a claim. It is important to investigate as soon as possible.

If you have been injured, there may be more than one party responsible. If the assault happens on someone else’s property or business, that party may also be at fault for failing to properly ensure your safety. A property owner may have the responsibility to supervise others. If that party fails to do so they may be liable for damages sustained due to that failure. For example, bars are required to provide a safe environment for their patrons. This will include a place that is free from violent crimes. If you are assaulted in such a place, you may have a claim against the establishment.

Alcohol can lower a person’s inhibitions and cause them to become more agitated and/or violent, resulting in an assault. Over-serving alcohol to an individual can lead to liability on the part of a restaurant and bar. If a person becomes intoxicated or is served alcohol while already intoxicated and then assaults someone, the party serving the alcohol may also be held liable.

Liquor liability insurance usually extends coverage to common accidents involving intoxicated customers. Should an intoxicated customer be hurt in a covered accident on company property, liquor liability may help pay any resulting legal fees, settlements and/or judgements.

What is New York’s “Dram Shop” Law?

In New York, we enforce what is known as the “Dram Shop” law. The word “dram” actually refers to a small unit of liquor. Under this law, it is the duty of establishments that serve liquor to serve responsibly. Anyone who is licensed to serve alcohol undergoes training to recognize how to serve alcohol responsibly. These establishments cannot sell liquor to anyone under the age of 21, or to anyone who appears to already be visibly intoxicated. Some indicators of visible intoxication are slurred or unnecessarily loud speech, inability to stand straight, glassy eyes, aggressive behavior, droopy eyelids, lack of focus or eye contact, etc. Failure to responsibly serve liquor can leave the establishment liable for their patron’s behavior.

For instance, if you are struck by a vehicle operated by an individual who was over-served alcohol at an establishment, that establishment may also be held liable for damages. There’s a chance that if that establishment didn’t over-serve the individual, they may have chosen not to drive drunk. So, if you are seriously injured in the accident and the drunk driver does not have sufficient automobile insurance to cover your damages (medical bills, pain and suffering, etc.), you may be able to collect from the establishment’s liquor liability insurance (if they have it). If the establishment does not have liquor liability insurance, you may be able to collect from the establishment’s assets.

How Do I Prove the Property Owner is Responsible For the Injuries Cause by an Intoxicated Person?

Property owners are obligated to maintain a certain level of safety for all patrons on their premises. In the case of liquor liability, it needs to be proven that the property owner neglected to serve responsibly. In order to do this, three things need to be established.

The condition was considered unsafe. It needs to be proven that the person was clearly intoxicated and presented a danger to themselves and others.

There was prior knowledge of the condition. The attorney would then prove that the property owner must have known about the unsafe condition. When an establishment has a license to serve liquor, the owner of the premises has to understand the signs of intoxication and when to stop serving. They are also required to ensure that any employees in their premises serving alcohol understands these signs. Some businesses have mandatory training for bartenders to make sure they are informed of New York laws regarding intoxication and overserving. Therefore, if a person showed signs of visible intoxication and was served alcohol at the premises, then prior knowledge can be proven. This is called “constructive” prior knowledge, meaning the condition was noticeable and visible enough for the property owner to have noticed and corrected the hazardous situation.

Finally, it needs to be proven that the unsafe condition could have been remedied. This means that the owner had a reasonable amount of time to fix the problem, but neglected to do so. For example, if there was a car accident from an intoxicated driver, it may be proven that if the premises did not overserve, that the intoxicated person would have had the faculties to decide not to drive while drunk.

What is no-fault insurance?

No-Fault insurance is an insurance program that provides medical benefits, lost wages and other incidental expenses for victims of car accidents in New York. Every car insurance policy in New York is required to provide No-Fault coverage. The insurance policy of the vehicle that you’re occupying at the time of the car accident is the policy that is responsible for paying your No-Fault benefits regardless of fault. If you are struck while a pedestrian or riding a bicycle, the vehicle that struck you is going to pay your No-Fault benefits. The minimum amount of coverage that is required in New York State for No-Fault is $50,000. Once your benefits exceed $50,000 the No-Fault carrier will not be responsible for your medical bills, lost wages or other incidental costs unless you have purchased additional no-fault benefits.

How can I get lost wages if I am in a car accident With A Drunk Driver?

If you are injured in a car accident in New York State you are eligible to receive lost wage compensation through your no-fault insurance carrier. Every motor vehicle insurance policy issued in New York requires at least two thousand dollars a month of lost wage protection. You are eligible to receive 80% of your total salary up to the two thousand dollar per month limit. If you have purchased additional lost wage coverage you may be eligible for a higher amount. If you are a high wage earner, this amount will not be sufficient. In those instances, any unreimbursed wages will have to be recovered from the responsible party’s insurance carrier at the end of your case.

In order to receive lost wages from your no-fault carrier, they must receive a completed no-fault application, verification of your employment, and a disability note from a healthcare provider. The no-fault application must be filed within thirty days of the date of the accident or your carrier may deny the claim. Further, the wage verification must be completed by your employer. It should be completed as soon as possible. However there is no specific deadline. Once you start receiving lost wages from your no-fault carrier, you will need to submit updated disability notes from your doctor from time to time. Also, your lost wage benefits may be terminated by your no-fault carrier should you be deemed to be fully recovered during a no-fault IME.

Dealing with no-fault insurance can often be confusing and frustrating. There is so much red tape that it usually requires a professional such as a personal injury law firm to get your full benefits. At Palermo Law, our Liquor Liability Firm is dedicated to all aspects of your personal injury claim. That means that we not only file a bodily injury claim on your behalf, but we also handle all no-fault paperwork and all property damage claims. Additionally, there may be other parties at fault when a drunk driver is involved. If a person was intoxicated because it was over served at an establishment, a liquor liability claim may be pursued. It’s our goal to take as much stress off your shoulders allowing you to concentrate on your recovery. Our law firm does not charge a fee for handling no-fault claims and we only receive compensation if we win your bodily injury claim.

What Should I Do If I’m Hit by A Drunk Drive With No Insurance?

In some cases, an individual may be struck by another driver who had no automobile insurance. If your injury is severe enough, your No-Fault coverage may not be enough to cover your medical bills or lost wages. In most car accident cases, if your injury breaches New York State’s “Serious Injury Threshold”, you are entitled to bring a claim against the at-fault driver. If successful, your claim may help compensate for any medical bills, lost wages and other losses that are not covered such as pain and suffering. For those claims, the insurer of the at-fault driver would pay for these losses. However, if the at-fault driver has no insurance, what are your options?

Every insured individual must have a policy that covers bodily injury, property damage, No-Fault coverage, and what is known as “SUM coverage” (Supplemental Uninsured/Underinsured Motorist Coverage). SUM coverage is designed to offer protection to individuals who are involved in a hit and run or an accident with an individual who has no automobile insurance. Around 6.1% of drivers in New York State do not have automobile insurance, so SUM coverage is crucial should you ever find yourself in this scenario.

Your own No-Fault will cover medical bills and lost wages. Unfortunately, if you haven’t purchased additional No-Fault, your coverage will be exhausted at $50,000. If your injury is severe and you still require compensation, a personal injury attorney can make an SUM claim against your own insurance policy. SUM coverage may compensate for pain and suffering, whereas No-Fault coverage will not. It will also supplement medical bills and lost wages your No-Fault doesn’t cover. All New York State insurance policies require you to purchase a minimum $25,000 SUM policy. With this policy, if you are driving alone (or are the only individual injured in your car) and incur an injury in an accident with an uninsured driver, you may receive up to $25,000 for losses not covered by No-Fault, including pain and suffering. If there is more than one injured individual in your car, however, SUM may cover a $50,000 split between you and the passengers of your car after each individual’s No-Fault is exhausted.

Do I Still Have A Case if I Didn’t Immediately Seek Medical Attention?

This is a very common situation. Many people do not feel pain from an accident immediately. When you are in an accident, adrenaline can often cause you to not feel or notice the pain right away. Therefore, the real pain develops in the hours, and even days, following an accident. It is never too late to seek medical treatment. However, the sooner that you seek necessary medical treatment the better off you are for several reasons. First, medical treatment will help in diagnosing injuries and provide relief of pain. Second, it is easier to prove that the injury was caused by the accident, if you receive treatment close to the time of the accident.

Are My Injuries Serious Enough to Pursue a Claim?

While any injury can completely disrupt your life, New York has a statute called the “Serious Injury” Threshold that determines whether or not a person is able to file a personal injury claim. Here is what the State of New York considers to be a serious injury:

Death
Dismemberment
Significant disfigurement
Fracture
Loss of fetus
Permanent loss of use of 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
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 ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment

Clearly, not all of these types of injuries are straightforward, so it is still a good idea to get a free consultation with an experienced personal injury attorney to see if you are eligible to file a claim.

What Does it Cost to Hire your Liquor Liability Law Firm?

There is no upfront cost to hire us. Our firm works on a contingency basis, meaning that we do not charge a fee unless we win your case. So, there’s no financial risk in hiring us. We also offer free consultation to discuss your case. At your consultation, you will be provided with all the information you need in how we will go about handling your case. Ultimately, the decision to hire us will be up to you.

Why Hire Palermo Law?

We always offer a free no obligation consultation.
We never charge a fee unless we win your case.
We provide personal one on one attention to every client.
We handle all no-fault insurance communications and paperwork for you free of charge.
We have over two decades of experience litigating car accident cases on Long Island.
We have obtained numerous million dollar verdicts and settlements for our clients.

About Our Suffolk Personal Injury Law Firm:

We are a true accident litigation law firm. With two decades of experience, Premises Liability Attorney Steven Palermo heads the legal team at Palermo Law. He personally handles each client’s accident case from its inception through conclusion. He has litigated hundreds of personal injury cases and won several million dollar verdicts and settlements for his clients. He has a passion for helping injured people find justice in their fight against large multi-million-dollar insurance companies that try and minimize his client’s injuries. If you or a loved one has suffered serious injuries as a result of another persons negligence and would like schedule a free case evaluation from an experienced Long Island Liability Attorney, call or email us today.

We can also arrange an in home or hospital consultation with you. Further, we handle all Long Island liability cases on a contingency basis meaning we never charge a fee unless we win your case.

Trial Ready Strategy

Most personal injury lawsuits are settled out of court at some point before a trial. Many personal injury law firms on Long Island don’t fully prepare their cases for trial when anticipating a settlement. This weakens their position when it comes time to negotiating a settlement. At Palermo Law, we always fully prepare every case as if it is going to trial. This level of preparation gives us the leverage to negotiate the highest possible compensation for our clients and puts us in a strong position should a trial become necessary.

Focused on Helping the Injured

We realize that being really well versed in any one area of law takes focus. Personal injury law is no exception. That’s why our Long Island personal injury lawyers only handle personal injury cases. Steven Palermo, our managing partner, has been exclusively handling personal injury cases for the last two decades. We handle all types of personal injury cases for the injured, including car accidents, slip and falls and work related accidents. We have never represented an insurance company and never will. We do what we do because we love helping people.

Free Consultation

We offer every potential personal injury client a free, no obligation consultation at any of our five locations throughout Long Island. During the consultation, we will discuss your case in detail and give you our opinion on the chances of success. We will also discuss our potential strategy and our process for handling your case. If after fully discussing your case we feel it is a good fit for our Long Island Personal Injury law firm, we will discuss our fees and give you the option of moving forward with us as your lawyers.

Additional Resources

Hire a Long Island Liquor Liability Injury Attorney Today

We have litigated hundreds of accident cases over the last two decades. As a result, we’ve become very proficient in handling all aspects of accident litigation including no-fault and property damage claims. We know all the ins and outs of Long Island accident claims and will use our experience to make sure you receive full compensation. We handle all Suffolk county accident cases on a contingency basis. This means we never charge an upfront fee and only get paid if we win your case.