personal injury lawyers new york

New York Personal Injury and Insurance Defense Lawyers

Personal Injury and Insurance Defense

Nassau County, Long Island and Downstate New York Personal Injury Defense Lawyers

Aggressively Protecting Your Best Interests

At Montfort, Healy, McGuire & Salley LLP, in Garden City, New York, we defend individuals, businesses and insurance companies facing a variety of legal disputes. For more than 50 years, our firm has thrived on the principles of honesty, integrity and communication.

To discuss your options for personal injury and insurance defense, contact our managing partner to schedule a consultation.

Our personal injury and insurance defense services span the following areas:

Personal Injury Claims Arising Out of Motor Vehicle Accidents: Since our inception, we have represented, and continue to represent, numerous major automobile carriers. We also represent self-insureds who operate large fleets of motor vehicles. Our firm is familiar with all aspects of first-party automobile claims, including SUM, UMI, and No-Fault. We have represented municipalities in cases arising from village- and town-owned vehicles. In addition, we are experienced with issues arising out of coverage disputes pursuant to both personal and commercial policies, including late notice and lack of cooperation. Additionally, we understand the complex nuances of AIP claims, including rule 14 violations.

Coverage Disputes Arising Out of Car Accidents: Many issues can arise, including late notice, lack of cooperation or other problems. You may be entitled to coinsurance or indemnification from the insurance carrier of a co-defendant. We can advise you when and how to disclaim. We can defend and institute declaratory judgment actions when necessary to protect your interests. We are familiar with the exclusion and coverage issues which arise under both personal and commercial policies of automobile insurance.

Construction and Industrial Accidents: Our firm has defended a major utility for more than two decades, as well as several large commercial carriers. We have successfully defended lawsuits arising out of all types of construction actions premised on alleged violations of Section 200, 240 and 241 of the Labor Law. We are conversant with coverage issues unique to the labor law field, including disputes arising out of blanket additional insured clauses, the requirement for indemnification where an agreement to procure an OCP policy has been breached, and application of the anti-subrogation rule.

Products Liability Law: Our firm has successfully defended lawsuits arising out of the alleged defective manufacture or design of a wide array of products, ranging from ladders, boilers, conveyer belts and automobiles, to consumer products such as handheld tools, space heaters and cosmetics. We are aware of the different legal issues facing manufacturers, resellers, and distributors. Our firm has extensive experience in litigating the liability of successor corporations.

Homeowners’ Claims: The standard New York homeowner’s policy provides coverage for a wide variety of personal injury claims. We have successfully defended claims arising out of slip-and-fall accidents, dog bites and alleged Labor Law violations. We are conversant with current coverage developments, including the often-litigated claims for “unintentional injury” or “negligent assault.”

Commercial Premises Liability:  Whether property is used for commercial or residential purposes, landlords are named with increasing frequency as defendants in a wide variety of claims, ranging from slip-and-fall accidents due to the alleged failure to provide adequate security. Depending upon the county where the accident occurred, many different statutes can affect the duty of care owed. Experience gained from representing many municipalities, supermarket chains, and small businesses has provided the firm with an expertise in the defense of all forms of premises liability claims.

Toxic Tort and Environmental Claims: The firm has defended corporations, municipalities and other political subdivisions in numerous personal injury toxic tort claims. The firm is also experienced in the defense of state court claims indemnification or contribution instituted by either the New York State Department of Environmental Conservation or private entities for alleged environmental contamination or wrongful discharge pursuant to the New York State Navigation Laws or common law theories.

Insurance Coverage: Many issues relating to coverage can arise after an accident has occurred. Your insured may be entitled to indemnification by a co-defendant or to coverage from the insurance carrier of a co-defendant. In a commercial automobile policy, for example, coverage under the loading and unloading clause may or may not exist, depending upon the facts of each case. A major portion of our practice consists of the interpretation of insurance policies and the resolution of coverage issues.

Medical Malpractice: Each day, healthcare professionals carry out their jobs with the knowledge that the procedures they perform may not go as planned. When risk becomes reality, victims and their families often look for someone to blame. To prevail on a medical malpractice claim, a plaintiff must prove that he sustained injury as a direct result of the medical treatment and that the treatment did not meet the minimum standard of care required of a reasonable and prudent medical professional. Our law firm holds plaintiffs to their burden of proof and seeks to have frivolous claims dismissed as soon as possible. Our firm has earned a reputation for achieving outstanding results in medical malpractice defense cases.

Hospital Liability Administrative Law: Our attorneys defend hospitals and medical professionals in administrative hearings before government agencies throughout the New York metropolitan area, including at the New York State Department of Health. We also advise clients regarding potential patient problems that threaten the financial stability of institutions, including mental hygiene law hearings, patient refusal of treatment hearing, and right-to-die issues. The firm also represents clients in civil rights and discrimination claims, in criminal defense matters, and in termination of privileges proceedings. The firm also assists hospitals with drafting documents and creating policies to help ensure institutions comply with state and federal healthcare standards. The firm also drafts and reviews medical staff bylaws that define staff standards and licensing procedures. We have represented St. Charles Hospital, Mercy Medical Center, Nassau University Medical Center, and Winthrop University Hospital for many years. We also represent St. Joseph’s Hospital and Good Samaritan Hospital Medical Center. In addition, we have been regularly retained by the Medical Liability Mutual Insurance Company (MLMIC) and Physicians’ Reciprocal Insurers (PRI) for more than twenty-five years, and we have recently been retained by the MedPro Group.

Federal Civil Rights Claims: Our attorneys represent several police departments and are experienced in the defense of claims brought pursuant to Section 1983 and in all aspects of police civil liability. We have also defended numerous claims of discrimination in employment and claims brought pursuant to Sections 1981 and 1985.

Municipal Liability: We have represented several municipalities, including the Village of Freeport and the County of Nassau, for more than thirty years. We have defended the village in actions arising from the operation of village-owned vehicles, those alleging excessive use of force by police, civil rights actions, and employment claims.

Products Liability Law: We have defended lawsuits arising out of the alleged defective manufacture or design of all manner of products, ranging from ladders, boilers, conveyer belts and automobiles to hand held tools, space heaters and cosmetics. We are aware of the many different legal issues facing manufacturers, resellers and distributors.

To find out more about the legal services our lawyers provide, contact our managing partner to schedule a consultation.

Our law firm handles personal injury, medical malpractice and other insurance defense litigation matters in the State of New York, specifically in the counties of Nassau, Suffolk, Queens (Long Island), Kings (Brooklyn), New York (Manhattan), Richmond (Staten Island), Bronx and Westchester.

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