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Get a Personal Injury Law Advocate on Your Side

Get a Personal Injury Law Advocate on Your Side

Even when an injury or wrongful death is caused by a true accident, a victim’s life and a family’s life may be turned upside down. Victims usually ask for compensation for medical bills, lost wages, pain, and suffering.

Wrongful Death Claims

In such cases, an experienced, attentive, zealous personal injury law advocate is a valuable asset. At Foulke Law Firm in Goshen, New York, we evaluate your injury and recommend the most beneficial course of action.

Car, Motorcycle, and Truck Accidents

Evan M. Foulke has extensive experience working with and litigating against insurance companies that refuse to pay valid claims or attempt to wrongfully minimize payouts on claims.

Beware of Insurance Tactics

We aggressively protect your interests, so that you get full and fair compensation for all your losses, including:

  • Medical Bills
  • Lost Wages/Income
  • Disfigurement and Disability
  • Pain and Suffering

Motorcycle accident victims typically face financial challenges as well as bias from insurance claims adjusters and juries. New York personal injury lawyer Evan Foulke at the Foulke Law Firm stands by the rights of motorcyclists following serious accidents.

Motorcycle accidents often result in serious injuries to the motorcyclist, including the following:

A car and truck are driving on the side of a road.
  • Road Rash (Skin Injury)
  • Traumatic Brain Injury
  • Spinal Cord Injury
  • Limb Amputation
  • Broken Bones

If you or a family member has suffered serious injuries or have lost a loved one in a motorcycle crash, contact us and schedule a free initial consultation.

All motor vehicle injury claims are handled on a contingent fee basis. If the Foulke Law Firm is unable to recover a monetary award, you won’t be charged an attorney’s fee.

Beware: Insurances Offering the Least Expensive Coverage

Both New York and New Jersey require that you have liability insurance with minimums starting at $25,000 for bodily injury to others for whom you are blamed, but your injuries are not covered.

If you have an accident where other people are injured, it is very likely that you will also be injured. Unless the fault is someone else's, you won't be able to sue their insurance to cover your expenses.

If they only have minimal coverage, it usually is not enough to cover big medical bills, loss of income, and vehicle damage.

The best way to protect yourself is to buy uninsured/underinsured motorist insurance with the maximum coverage. While you may be hesitant to buy the best coverage, without it, your risks of financial catastrophe are huge.

If you were driving a car, New York and New Jersey would sell you "No Fault" insurance which would cover the cost of your injuries regardless of which driver is responsible. However, motorcycles are not given that option.

If you have been injured in an accident involving a commercial vehicle or truck in New York, contact an experienced lawyer promptly. Valuable evidence can be collected from the scene of an accident, such as:

  • Truck Accident Scene Photos
  • Eyewitness Reports From People

In most cases, the truck driver’s log indicating how many hours he had driven and rested, and when the truck was inspected and maintained, is a crucial piece of information that may help determine the cause of a trucking accident.

A police officer standing in front of an accident scene.
A man is helping a woman with her hair.

In most cases, the truck driver’s log indicating how many hours he had driven and rested, and when the truck was inspected and maintained, is a crucial piece of information that may help determine the cause of a trucking accident.

Find Legal Solutions to
Hit-and-Run Cases

Our astute, experienced attorneys leave no stone unturned in the search for true vehicular accident causes, as well as those for hit-and-run cases. We search for all available sources of compensation for the injured.

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Product Liability Cases: Ask for Our Law Firm’s Assistance

Product Liability Cases: Ask for Our Law Firm’s Assistance

When buying consumer goods, you expect that the products will work properly and as intended and not cause any injury while you use the items.

But what happens when something goes wrong, such as a malfunction, and you suffer a personal injury? How do you show who is at fault?

Can more than one party be liable for your injuries? How do you make certain someone compensates you for your losses? We are here to help you answer these questions.

Legal Representation for Men, Women, and Children

The Foulke Law Firm represents individuals throughout metropolitan New York who have been injured by defective and dangerous products.

Located in Goshen, New York, our firm understands that any party within the chain of distribution may be liable for your injuries, and we make certain that all potentially liable parties are served.

Attorney Evan M. Foulke and the Foulke Law Firm handle all types of product liability matters, including claims involving:

  • Defective Automobiles
  • Industrial Equipment
  • Tools
  • Shop Equipment
  • Garden Tools
  • Power and Hand Tools
  • Hospital Equipment
  • Consumer Products

Experience in Product Liability Matters

Before establishing his own practice, Mr. Foulke worked for a large law firm where he defended corporate clients and insurance companies on product liability matters.

He understands how defense attorneys prepare for cases, and he knows how to successfully prove liability and damages.

Hands-On Approach to Legal Services

In his own practice, Mr. Foulke emphasizes a personal approach. He meets and communicates directly with every client and personally handles every aspect of each case.

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Property Liability Law
and Other Civil Cases

Property Liability Law and Other Civil Cases

At Foulke Law Firm, in Goshen, New York, Atty. Evan M. Foulke works closely with victims of injuries suffered as a result of the failure to maintain real property, including:

  • Sidewalks
  • Driveways
  • Stores
  • Parking Lots
  • Stairways
  • Elevators

Business owners not maintaining or repairing business properties are liable for personal injuries arising from such negligence. In such cases, you need to contact a skilled attorney to protect your legal rights and help you recover from your losses.

Take Legal Action

Inadequate security and insufficient lighting are also grounds for legal action requiring the advocacy of a smart, experienced, and diligent lawyer who will work tirelessly on your behalf when filing property liability cases against establishments, including:

  • Bars and Restaurants
  • Hotels and Motels
  • Casinos and Stores
  • Stadiums and Supermarkets
  • Shopping Malls
  • Parking Lots and
  • Ramps and Sidewalks
  • Subways and Buses

Slip-and-Fall Accidents

A slip-and-fall accident is much more than a minor incident to a victim who requires hospitalization and is unable to work. Common accident scenarios include the following:

  • A fall on ice in a mall parking lot
  • A fall down stairs in an apartment complex or office building
  • A fall from a balcony in a hotel
  • A fall from a bunk bed in a college dormitory
  • A slip on a wet supermarket floor
  • A trip on a torn carpet in an apartment complex hallway

Victims may face daunting expenses and losses including emergency room bills, medical treatment and therapy, time off work, and extensive rehabilitation.

Know that we handle these cases on a contingency fee basis. Attorney’s fees are not due until and unless compensation is recovered.

The sooner you call in a lawyer, the greater possibility there will be for the injured person to receive appropriate compensation. It is very important to get accurate photographs and eyewitness statements before conditions are changed.

It becomes difficult to reconstruct the precise conditions that led to the accident once conditions have changed.

Your case will be individually assigned to an experienced trial lawyer who will be responsible for all aspects of your case and will communicate directly with you regarding your case.

Your case will not be farmed out to various associates with little experience and who are not held accountable.

Premises Liability Lawsuits

We also advocate for people who are injured as a result of criminal activity when inadequate security, insufficient lighting, or other property conditions create an atmosphere where simple assault, sexual assault, robbery, or kidnapping can occur.

We aggressively advocate to protect your interests and help you recover full and fair compensation. The Foulke Law Firm represents all premises liability clients on a contingency basis.

If no monetary award is recovered, you won’t be charged attorneys’ fees.

Public or Private Property

If you have been injured while on the premises of a retail establishment or business, you may have a right to compensation for physical or financial losses resulting from your injury.

A sidewalk in disrepair can cause a tripping accident with dire physical repercussions if the injury severely impacts the head, back, hip, or other parts of the body. This can also affect livelihood prospects and the quality of life.

An experienced personal injury attorney can help you get the money you need to cover the costs you have incurred for medical bills, lost wages/income, as well as rehabilitation and long-term care expenses.

The same applies if you suffer from any physical injury, disability, or disfigurement due to someone else’s negligence. Our lawyers have extensive experience working with and litigating some of the largest law firms in the region.

In our practice, we focus on accessibility and personally communicate with all clients while handling all aspects of each case. We handle all types of claims involving general negligence, including:

  • Slip and Fall Accidents
  • Trip and Fall Accidents
  • Injuries Sustained in Attacks Caused By:
  • Inadequate Security
  • Improper/Inadequate Lighting

Dog Bite Liabilities

Be informed that there is a big difference between dog bite liabilities in New York and those in New Jersey. If the incident occurs in New York and results in significant injury to warrant legal action, there are several possible factors affecting the case’s outcome.

If proven that the dog’s owner did not know about the dog’s tendency to bite, New York’s “one free bite” rule applies and the owner will not be held liable for injuries. However, there are exceptions to this rule which can reverse this decision.

New Jersey, on the other hand, is a “strict liability” state where the dog’s owner will be held responsible for injuries regardless of his knowledge of his dog’s tendencies to bite.

It is important to do two things immediately after a dog bite in either state.

Report Your Incident

Since you may not know the full impact of the injury right away, you should report the dog bite incident to the local authorities, which may be the police or the dog warden for your location.

If anyone contacts you as a result of your report, you should not discuss the incident until you do the next urgent thing.

Call a Good Lawyer

If your dog bite injury is serious, call an experienced dog bite lawyer. For over 30 years, Evan M. Foulke, Esq. has gained invaluable knowledge from his numerous successful dog bite cases in both states.

Because of strict time limits in both states to which any legal case about a dog bite incident must conform, you should consult with a lawyer right away.

Possible Exceptions to the
"One Free Bite" Rule in New York

Possible Exceptions to the "One Free Bite" Rule in New York

If the owner of the dog which has bitten someone in New York had knowledge of the dog’s inclination to bite from history and should have known based on the dog’s breed*, the "one free bite" rule may not be applicable.

*While a dog’s breed may be indicative of a propensity to bite based on years of functioning to accomplish specific tasks, such as herding, hunting, guarding, etc., it is the responsibility of the dog’s owner to guide his dog’s behavior.

In cases where a dog bite is viewed as an unprovoked attack, the owner is usually held liable for damages, which could include destruction to property as well as injury or death of a "companion" or farm animal.

In some instances, the dog is ultimately labeled as "dangerous." This may result in several subsequent penalties such as muzzling, strict confinement, warning signage, and in extreme cases, euthanasia.

Dog Breeds That Most Often Bite

In a 2019 study performed by the International Journal of Pediatric Otorhinolaryngology which examines data about facial and neck-related dog bites in children, breeds that bit the most often with the most severe injuries were scientifically calculated.

These are:

  • Pit Bulls
  • Mixed Breeds
  • German Shepherd
  • Terriers
  • Rottweilers

Although the study’s first breed in order of frequency and severity was "unknown," that finding was later translated to breeds with short, wide heads, and a body weight between 60 and 100 pounds, which tends to describe the pit bull.

Also, it was found that breeds that were not spayed or neutered were more likely to bite.

While up to 30 different breeds were identified as prone to biting, according to studies done in many areas of this country, there are additional factors that may provoke any dog to bite.

This could convince a judge to excuse the dog’s behavior in some cases. Such reasons include:

  • The dog was provoked by the victim (taunting, torture, or the threat of danger)
  • The dog was abused, ill, or diseased
  • The dog was startled by the victim
  • The dog was protecting its owner (or property, family, own puppies)
  • The dog was reacting to pain/suffering

Although some breeds have certain aggressive or protective traits from centuries of reinforcement as guard dogs/hunting dogs, the owner has the onus of controlling its behavior to be acceptable within today’s social environment.

This is regardless of the dog’s genetic or historical background.

A Dog Bite’s Impact

According to the American Animal Hospital Association, of the approximately five million victims of dog bites nationally, most are children bitten by a family pet. Of those incidents, less than 20% result in serious injury.

Such injuries can include:

  • Bleeding
  • Scarring and Disfigurement
  • Soft Tissue Injury
  • Infection And Disease
  • Internal Injury
  • Fractured Bone
  • Traumatic Brain Injury (if the victim falls and hits their head as a result of the attack)
  • Post-Traumatic Stress Disorder (PTSD)
  • Other Psychological Repercussions

Other ways a dog bite can affect your life, include:

  • Medical Bills
  • Pain and Suffering
  • Lost Income
  • Physical Therapy
  • Rehabilitation Efforts

If you, a member of your family, or an animal you own has been attacked, bitten, threatened, or killed by a dog, discuss your incident with a very reliable lawyer. Mr. Foulke is also highly knowledgeable about and experienced in wrongful death suits.

His $5.599 million wrongful death trial verdict was a landmark case, the largest in New York State history. He skillfully combats typical responses from insurance companies avoiding financial responsibilities.

Learn Your Legal Rights

We handle dog bite cases on a contingency basis. This means that you do not pay for legal services until your case collects compensation from anyone proven negligent.

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Personal Injury Law:
Traumatic Brain and Spine Injury

Traumatic Brain Injury

Even a concussion or a “mild” head injury can result in immediate and long-term consequences for the victim. A person with a more serious head injury may be unable to continue with work, school, or family responsibilities for a long time. Often, emergency room treatment, follow-up medical care, rehabilitation, and therapy result in large medical expenses.

Even after the initial crisis phase is over and the victim appears to be “back to normal,” life may never be the same again. The injured person often experiences lingering effects such as difficulty concentrating, mood swings, personality changes, and social dysfunction.

A victim with a truly traumatic head injury (TBI), on the other hand, may suffer even more debilitating consequences, including loss of body functions and, sometimes, a lengthy to permanent comatose condition. The traumatic brain injury victim may require lifelong personal care and assistance.

Whether you or your family member suffered a traumatic brain injury (TBI) and whether it happened yesterday or last year, you are urged to discuss your situation with an experienced head injury lawyer. Attorney Evan Foulke knows the law, how insurance companies handle these cases, and how to advocate effectively on behalf of personal injury victims.

Spinal Cord Injury

If a serious vehicle collision or a dreadful accident at a construction site has injured your spinal cord, it is time to contact Evan Foulke.

A spinal cord injury is nearly always a life-altering event. Whether a construction worker or auto accident victim has suffered a herniated disc or slipped disc or a motorcycle accident or a slip and fall victim has suffered from total paralysis, urgent and long-term needs, and losses will most likely include one or more of the following:

  • Emergency room care
  • Hospitalization
  • Rehabilitation
  • Physical therapy
  • Occupational therapy
  • Psychological counseling
  • Adaptive equipment such as wheelchairs
  • Accommodations in the home, such as wheelchair ramps and remodeling of kitchen and bathroom to allow for wheelchair movement
  • Loss of income due to an inability to perform the same tasks prior to the injury

The sooner an experienced, zealous personal injury attorney is on the case, the more likely it is that full and fair compensation will be within reach. A well-qualified lawyer will go to work simultaneously on several different aspects of the case:

  • Evaluation of the car crash or construction accident:
  • Circumstances
  • Liability
  • Insurance
  • Evaluation of the injuries
  • Estimation of the victim’s long-term needs
  • Evaluation of a family’s overall losses and pain and suffering

Attorney Evan Foulke of Foulke Law Firm brings a wealth of knowledge and preparedness to the task of representing spinal cord injury victims. Mr. Foulke previously represented insurance companies and worked with two large law firms. The level of sophistication that he acquired through his previous experience is matched or surpassed by his dedication to personal service for clients of Foulke Law Firm.