Question 1

Should I Accept Funds From The Archdiocese Of New York Independent Reconciliation And Compensation Program (IRCP)?

Accepted Answer

If you already submitted a claim to the Archdiocese of New York Independent Reconciliation and Compensation Program (IRCP), the decision of whether to accept the compensation the Archdiocese proposes is yours to make. It is important, however, that you make an informed decision.
Consider the following facts when making your decision about whether to accept funds from the Archdiocese of New York Independent Reconciliation and Compensation Program (IRCP) as compensation for your childhood sexual abuse.
If You Accept the IRCP Funds, You Give Up Rights to Sue the Archidiocese
As a function of accepting compensation from the Archdiocese of New York’s IRCP, you will be required to sign a General Release form in which you release any future claims, including “all causes of action, lawsuits, claims, demands, damages, and liability.” In other words, if you accept funds from the IRCP, you cannot sue the Archdiocese for the same claim at a later date.
A Lawyer Can Help You Understand Your Rights and Legal Options
With the help of an attorney, you can better understand the terms of your agreement for accepting IRCP compensation. In fact, the IRCP requires that you consult with a lawyer before signing the release. By signing the release form, you acknowledge that you are represented by legal counsel and have been advised by your lawyer regarding the terms and conditions of the release.
IRCP Administrators Will Keep Your Information Confidential
Your information and the details of your claim will be used only for the purpose of processing your claim, administering the IRCP, and protecting children as provided by the Safe Environment Program. This confidentiality may come as a welcome relief to victims who still struggle with feelings of shame or embarrassment, and/or who, for any reason, do not wish to have their childhood experience or their settlement publicized in any way.
If you want your compensation offer to remain confidential, you will need to sign a provision at the end of the release form stating as much.
You Are Not Bound by Confidentiality
Accepting funds from the Archdiocese of New York’s IRCP does not hold you to any confidentiality agreement. You are free to disclose the details of your case, the claims process, and your compensation. For victims of childhood sexual abuse for whom sharing this information is an important part of the healing process—and for those who want to share their stories to help other victims or potential victims—this freedom to discuss the case is good news.
Again, if you prefer that your claim details remain confidential, you will need to indicate this by signing a special area at the end of the release form.
There Is No Cap on the Amount That IRCP Administrators Can Choose to Pay Victims
The New York Archdiocese must pay whatever amount the IRCP administrators conclude is appropriate for your case. The New York program has already paid out millions to victims. This should also influence your decision to accept funds from the Archdiocese of New York Independent Reconciliation and Compensation Program (IRCP).
Note: You Can No Longer Apply for Compensation From the IRCP
The New York Archdiocese split its IRCP into two phases—Phase I for old claims and Phase II for previously unreported claims. The deadline for submitting Phase II claim forms was April 15, 2018. 
New Child Sex Abuse Laws Present Unprecedented Alternatives via Civil Lawsuits
Governor Cuomo signed the Child Victims Act into law in February 2019. The law opens new compensation opportunities for victims of child sex abuse by extending the statute of limitations to 55 years of age. In other words, as a victim of childhood sexual abuse, you can file a civil lawsuit against the church until your 55th birthday. 
Another exciting outcome of this new law is a one-year revival period for old child sex abuse cases that were previously barred due to the old statute of limitations. With this look-back window, childhood sex abuse survivors can revive their lawsuits regardless of their current age, no matter how long ago the sex abuse happened.
The look-back window opened on August 14, 2019, and will close August 14, 2020.
We Can Help You Get the Compensation You Deserve for Your Child Sex Abuse
Now is the time to seek financial restitution for the sex abuse you suffered as a child. Whether you choose to accept funds from the Archdiocese of New York Independent Reconciliation and Compensation Program (IRCP), or you choose to file a lawsuit in civil court, we can represent your cause and fight for your right to receive fair compensation.
Since 1991, we have served as advocates for the injured of Long Island. Today, we want to serve you. Call Friedman & Simon, L.L.P. at (516) 932-0400.

Question 2

Sue The MTA

Accepted Answer

If your accident resulted from the negligence of the Metropolitan Transit Authority’s (MTA) or a negligent act or failure to act by an MTA  employee’s negligence, you can sue the MTA.
Holding the MTA Liable
To hold the MTA liable for your injuries, you must prove that the MTA or one of its employees was negligent. Some examples of negligence may include:

Operator error
Equipment failure
Poor training
Poor track maintenance
Poor station maintenance
Signal failure
Poor construction safety measures

Do not assume that the MTA is the only responsible party. There may be other parties that contributed to your injuries and should be held liable as well.
Types of Accidents
Anything can happen on a New York City train or bus, including:

Victims falling off platforms while getting on or off the train;
Subway car derailments;
Injuries caused by sudden starts or stops;
Injuries caused by turns at an excessive speed;
Injuries from collisions; and,
Injuries from doors suddenly closing or jamming.

Compensation You Can Recover After a Subway Accident
If you file a lawsuit against the MTA, you may pursue compensation for:

Lost wages
Current and future medical costs
Diminished earning potential
Maintaining your household if you are disabled
Decreased enjoyment of life
Loss of consortium
Pain and suffering

Your lawyer will review your case to determine what happened. If the bus or train was not properly maintained, the New York City Transit Authority (an affiliate of the MTA), can be held liable. They can also be held liable if their hiring practices for new employees are not thorough and they hired drivers without the appropriate licenses or expired licenses, or were in some other way unfit, in a way that ought to have been known,  to perform their assigned duties. Drivers or conductors may be negligent, and the MTA held liable if the drivers or conductors failed to obey, as applicable, traffic signs and lights, speed limits, or violated traffic laws or operating regulations or safe practices in some other way.
The Statutes of Limitations in New York
The statutes of limitations are different when you file a claim against a government agency or a municipality than when bringing a lawsuit against privately-owned companies or individuals.
If you are suing a government agency or municipality, the time limit is much shorter and there is an even shorter deadline, the requirement that a Notice of Claim is served upon the government agency or municipality within 90 days of the date of the accident. If you miss any deadlines, this could ultimately result in the court dismissing your suit, without ever reaching the actual merits of your claim
A Lawyer Can Help with Your MTA Lawsuit
Given the special procedures you must follow to file a claim against the MTA when you take action against New York City, trying to represent yourself in a lawsuit is challenging and can lead to an error that is fatal to your claim. We recommend you speak with a lawyer who has experience handling these cases and not attempt to shoulder the burden yourself.
Our team has handled many subway accident cases against MTA and we can handle yours, too. We will make certain that all deadlines are met, all necessary documents are properly prepared and filed and that your claim is prosecuted aggressively, as we fight to win the best possible outcome for you.
Call Friedman & Simon, L.L.P. for Help Today
If you have been injured in an accident involving an MTA train or bus and want to sue the MTA for your injuries, contact the legal team at Friedman & Simon, L.L.P. at (516) 932-0400 for a free consultation. We will come to you if you cannot come to us. Our staff can assist you in English, Spanish, Greek, Bengali, Tamil, and Kannada.
We will identify the liable parties in the lawsuit, communicate on your behalf, gather evidence, determine what your case is worth, and keep you updated on the status of your case. We work on a contingency basis, which means you pay us nothing unless and until you get paid.

Question 3

I Am A Childhood Survivor Of Sexual Abuse In A New York Diocese Of The Catholic Church, How Can A Lawyer Help Me?

Accepted Answer

As a childhood survivor of Catholic diocese sexual abuse in New York, a personal injury lawyer can help you by representing you in either:

Mediation for a settlement agreement via the church’s Independent Reconciliation and Compensation Program (IRCP); or
A civil lawsuit filed against the church.

A Lawyer Can Represent You in a Lawsuit that Takes Advantage of New York’s Child Victims Act, With Newly Extended Statutes of Limitations
New York Governor Andrew Cuomo signed into law the Child Victims Act in February 2019. The key components of the new law open opportunities for people who suffered childhood sexual abuse at the hands of a New York diocese of the Catholic Church by extending the age limit for filing claims to 55 years of age and by opening a “look-back” window that revives previously barred cases.
New 55th Birthday Statute of Limitations
This means that people who suffered sexual abuse as a child now have until the day of their 55th birthday in which to file a civil lawsuit against the church for its role in the abuse.
This new window for filing greatly improves the state’s previous, short statute of limitations, which used to be age 23, for both civil and criminal cases. The restriction did not give people who suffered sexual abuse as a child nearly enough time to heal from their trauma to the extent where they felt able to come forward to press criminal charges or file a lawsuit.    
One-Year Revival Period for Previously Barred Cases
Furthermore, these victims who had filed claims against the church but were previously barred due to the expiration of the statute of limitations in their cases will benefit from a one-year “revival period,” during which their cases can be reopened.
In other words, for example, a person who is now 56, 70, 85—any age—and was previously precluded from taking action against the church due to the statute of limitations having expired, has until August 14, 2020, to commence a lawsuit.  If the case does not settle, the victim can finally have their abuse acknowledged in court and receive compensation for the physical, emotional, and economic damages resulting from this abuse as the result of a verdict
A New York Lawyer Can Represent You in IRCP Mediation with the Church
Some victims of New York diocese childhood sexual abuse prefer to avoid reliving the trauma of their experiences in a courtroom and choose, instead, to work with the Catholic Church to reach a settlement agreement in compensation for the abuse.
The Archbishop of New York has appointed a mediator for its IRCP. Despite this appointment, the mediator is not otherwise connected with the Catholic Church. In an IRCP mediation, settlement amounts are discussed for each individual reported case of childhood sexual abuse through the church.
Although the IRCP discussion is not a court proceeding, the abuse victim will benefit from representation by a lawyer who understands the value of their case and has experience negotiating for fair settlements.
Victims should also note that by accepting an IRCP settlement, they are precluded from filing any future civil action regarding their childhood sexual abuse by whomever is the subject of the case for which they have already been compensated.
The Downside to IRCP
Although New York Catholic churches have demonstrated unprecedented cooperation toward facilitating compensation of abuse survivors, for many victims, the money is only a secondary concern.
These childhood sexual abuse victims have suffered a lifetime of pain from the crimes committed against them at such an early age. They suffer the trauma of being violated by people who should have been the most trustworthy figures in their lives. They also suffer from the emotional scarring that comes from bearing such a dark secret or—perhaps even worse—sharing their secret only to have it not believed by family or confidants.
For these victims, being able to finally confront their abusers and/or their church enablers and having their abuse acknowledged in a court of law weighs much more heavily than any amount of financial compensation.
The fact that accepting an IRCP settlement will keep their case of child sexual abuse cloaked might make these victims shy away from these negotiations.
A Lawyer Will Fight for Your Case With Newly Released Evidence
Previous lawsuits against the Catholic Church were not only barred by short-term statutes of limitations, but also rendered impossibly challenging to prove. This is because of the tight-lipped culture of the institution of the Church, with its history of covering up allegations, protecting accused clergy, and moving them from one parish to another, rather than turning them into law enforcement or—at the very least—removing them from the Church.
Today, as a result of the changes in the law, victims have much longer to file their lawsuits, and their cases benefit from evidence that is being released from New York Diocesan records.
In September 2018, New York Attorney General Barbara Underwood issued subpoenas for records from all Catholic dioceses in New York connected with childhood sexual abuse and cover-ups.
Let Us Help You Get Closure on Your Childhood Sexual Abuse
Now is the time you may have thought would never come—your chance to step toward closure.
Friedman & Simon, L.L.P. can represent you in this effort to seek justice as a childhood survivor of Catholic diocese sexual abuse in New York, no matter how you want to proceed. Call us today for a free case review and consultation: (516) 932-0400. Our staff can assist you in English, Spanish, Greek, Bengali, Tamil, and Kannada.

Question 4

How Many Days Do You Have To Contact OSHA To File A Complaint Against Your Employer In New York?

Accepted Answer

If you spot a serious safety hazard at your workplace, you need to file a hazard or violation complaint with the Occupational Safety and Health Administration (OSHA) as quickly as possible. OSHA will issue citations only for violations that either currently exist or could be found within the last six months. You only have a certain number of days to contact OSHA to file a complaint against your employer in New York.
Whistleblower complaints must be filed within the time limits specified within the whistleblower statute relevant to the complaint, as follows (timeline starts on the date you experienced adverse action from your employer, such as being terminated):

30 Days

60 Days

90 Days

Section 11(c) of the Occupational Safety and Health Act (OSH Act)

International Safe Container Act (ISCA)

Asbestos Hazard Emergency Response Act (AHERA)

Clean Air Act (CAA)

Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21)

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)

Federal Water Pollution Control Act (FWPCA)

Safe Drinking Water Act (SDWA)

Solid Waste Disposal Act (SWDA)

Toxic Substances Control Act (TSCA)

Ways to File an OSHA Safety Hazard or Violation Complaint
OSHA provides several avenues for filing a complaint:
Complete the Online Complaint Form – A good way to encourage an onsite OSHA inspection is to complete and submit an online complaint form. The form lets you provide specific details about the safety hazard, its location, and whom you notified of the condition. You have the option to authorize the release of your name to your employer or to keep your name confidential. The information you provide will be sent to a state plan best suited to respond to the issue.
Fax or Mail the Complaint Form – You can also download and print a complaint form, complete it, and either fax or mail it to your OSHA Regional or Area Office. Sending your form to the OSHA Area Office closest to you is the best way to ensure an onsite OSHA inspection. Be sure to include your contact information as requested on the form, so that OSHA can follow up with you, if appropriate.
Call an OSHA Office Via Telephone – An OSHA staff member at your local OSHA regional or Area Office can talk to you about your complaint and answer your questions.
For any immediately life-threatening hazard or emergency, contact your local OSHA Regional or Area Office or call 1 (800) 321-OSHA (6742
Filing a Whistleblower Complaint
Sometimes, employers might retaliate against workers for exercising their employee rights. In such a case, the employee is entitled to file a whistleblower complaint. This complaint must establish four allegations:

The employee acted in a way protected by whistleblower protection law.
The employer was aware of or suspected the employee’s actions.
The employer acted adversely toward the employee.
The employer’s negative behavior was prompted by the worker’s protected actions.

How to File a Whistleblower Complaint
You can file a whistleblower complaint using any of the following methods:

OSHA’s online whistleblower complaint form
Faxing, mailing, or emailing a printed copy of the downloadable whistleblower complaint form to your local OSHA Regional or Area Office
Calling your local OSHA Regional or Area Office
Walking into your local OSHA Regional or Area Office

Your whistleblower complaint cannot be made anonymously, and you must respond to OSHA’s follow up, or it will dismiss your complaint.
Information to Gather for Your Whistleblower Complaint
You can help your OSHA investigator pursue your complaint by having access to the following items:

Copies of relevant text messages, emails, meeting notes, memos, work orders, activity logs, etc.
Copy of employee handbook
Copies of letters related to hiring and/or firing
Your job description
Documentation of additional complaints
Copies of your five most recent pay stubs
Documentation of disciplinary action you received as an employee
Documentation from other actions between you and your employer

We Can Help You With Claims Involving Willful OSHA Violations
If you were injured at work due to a willful OSHA violation, you have the right to file a claim against a third party and pursue compensation for your injuries and related damages. While you cannot sue your employer, we can work to find another liable party before the statute of limitations under New York law runs out.
Friedman & Simon, L.L.P. will meet with you for a free case review and consultation. Remember, we take no money unless and until your claim for compensation succeeds. The sooner we start, the better the chance for this success. We know you only have a few days to contact OSHA to file a complaint against your employer in New York, and a limited amount of time to file a claim against a third party. Call us at (516) 932-0400.

Question 5

What Is The Catholic Diocese Sexual Abuse Lawsuit Settlement On Long Island, New York?

Accepted Answer

After decades of having their childhood sex abuse silenced, victims of abuse by clergy of the Rockville Centre Diocese of the Catholic Church on Long Island are lining up to file civil lawsuits or settle them out of court. The settlement allows them to recover compensation for their horrific experiences. The activity is happening  thanks to changes in New York laws and the church’s newfound cooperation in accepting accountability for these assaults.
Child Victims Act Opens the Door for Church Sex Abuse Victims to Tell Their Stories Via Civil Lawsuits
No matter how old you are or how long ago your childhood sexual abuse happened, the Child Victims Act now permits  you to file a lawsuit against the Long Island or New York church that facilitated and/or concealed your abuse.
This legislation, signed into law by Governor Andrew M. Cuomo in February 2019, empowers victims to hold their abusers and the facilitators accountable, both criminally and civilly.
Aspects of the Child Victims Act that allow lawsuits include:

Victims can now file a civil lawsuit against their abusers at any time prior to their 55th birthday
Opens a one-year window for abuse victims who were previously time-barred to revive their lawsuits, no matter when the abuse occurred or what their current age is
Does away with notice of claim requirements for child sex offenses
Mandates judicial training on sexual abuse of minors
Gives the Office of Court Administration authority to enact rules that move along the adjudication of revived lawsuits in a timely manner

Why the Extended Statute of Limitations and “Lookback” Period Make Such a Difference to Abuse Victims
As any victim of childhood sexual abuse can tell you, several psychological realities play into the reasons it can take a long time for them to report their abuse, much less press criminal charges or file lawsuits to recover damages for the physical, emotional, and financial losses suffered as a result of the abuse.
The revisions to the statute of limitations account for the time that victims of childhood sex abuse need to emotionally process the wrongs committed against them before they feel ready to report their abusers and hold them civilly accountable for their actions.
Prior to the signing of the Child Victims Act, by the time victims had worked up the courage to move ahead with their civil actions against church clergy, the very short statute of limitations had already closed. The one-year “look-back window” defined in CVP § 214-g enables the revival of such previously time-barred actions.
Women in Their 60s Come Forward After Being Abused as Girls in Rockville Centre
In February 2019, just days after Cuomo signed the Child Victims Act into law, two women who, as children in the 1960s and 1970s, allegedly suffered sexual abuse by individuals associated with the Rockville Centre Diocese, broke their silence with public statements and their specific demands.
Prior to the new law, this lawsuit would not be possible. And, although the women are now in their 60s, the one-year look-back window provision now enables the victims to pursue compensation for the damages they have suffered.
Diocese of Rockville Centre Paid Settlements to Victims as Alternative to Lawsuits
Some victims of childhood sex abuse choose to seek compensation from the church directly, rather than file a lawsuit in civil court. The Diocese of Rockville Centre, which oversees all the Catholic churches on Long Island, created a fund from which victims receive compensation for the childhood abuse they suffered at the hands of diocesan clergy.
The fund is made available through the Diocese’s Independent Reconciliation and Compensation Program (IRCP), which was established in October 2017.
Although the process for applying for compensation through the IRCP fund did not involve a legal proceeding, many victims chose to enlist the aid of a lawyer to represent them in the settlement mediation.
In September 2018, the Diocese compensated almost 300 sex abuse victims between $25,000 and $50,000. As a result of receiving this compensation from the Diocese’s IRCP, these victims have agreed not to file lawsuits against the church for their abuse.
Rockville Centre Diocese Report on Sex Abuse Names Accused Clergy
After decades of secrecy surrounding the identification of accused church child abusers, the general public is now privy to the names of 51 alleged child molesters who are linked to the diocese via 100 churches and schools on Long Island and have been accused of molesting hundreds of children over the years.
As of August 2019, The Rockville Centre Diocese has not released any information it has that would shed light on accused perpetrators of child sex abuse within the Diocese.
All of New York’s eight Catholic dioceses were subpoenaed by New York Attorney General in 2018. The subpoenas demand any information gathered from internal church investigations, payments made to victims, and all documentation connected to child sex abuse allegations.
Friedman & Simon, L.L.P. Can Represent You in Your Quest for Justice
No doubt, you have walked a long and difficult path to get to where you are today. You are now ready to hold the Rockville Centre Diocese accountable for the sex abuse your suffered as a child, and changes in New York laws are making it possible.
We are here to help you bring it all together. Call Friedman & Simon, L.L.P. today for a free case review: (516) 932-0400.

Question 6

Rear-End Collisions Can Cause Serious Injuries

Accepted Answer

As you might expect, rear-end collisions are the most common kind of vehicle accidents in the U.S. and accounted for approximately one-third of all accidents (1.8 million) in 2013, according to the National Highway Traffic Safety Administration. Over 500,000 people were injured in rear-end crashes in 2013. Many of these are minor “fender benders,” but a rear-end crash can also result in severe and life-altering injuries, even death.
Common Causes of Rear-End Collisions
What do you think are the major causes of rear-end collisions? In today’s world of electronics, many are caused by driver inattention and distraction. Distracted driving, e.g., using a smartphone, adjusting music, using GPS, or dealing with passengers, is a rapidly increasing phenomenon and causes all types of accidents.
Other common causes of rear-end crashes include:

Speeding
Tailgating
Aggressive driving
Driving under the influence of alcohol or drugs
Driver fatigue including drowsy driving

Typical Injuries Resulting from Rear-End Crashes

Whiplash often results from these collisions because the car is thrust forward when hit from behind. The head and neck snap back and whip forward, damaging nerves, ligaments, and muscles in the neck
Traumatic brain injury (TBI) happens when the brain strikes against the inside of the skull, often causing permanent brain damage and paralysis
Soft tissue injuries
Lacerations
Fractures
Spinal cord damage

You may not immediately feel injured if you have been in a rear-end crash or any other vehicle accident. But some symptoms take time to appear. It’s important to get medical attention from an emergency room, an urgent care center, or your own doctor as soon as possible. If you don’t seek medical care, an insurance company may try to minimize your injuries.
Will New Technology Help Prevent Rear-End Crashes?
Newer model cars have advanced safety system features such as collision warning, avoidance systems, and automatic braking. These can help reduce the risk of a rear-end accident.
But nothing is as important as an alert and distraction-free driver. New York law prohibits using a handheld device while driving, including a cellphone, laptop, pager, video game, personal digital assistant, and others. This includes texting, which is a significantly distracting activity.
Stay alert and minimize cellphone use, even with hands-free technology. Maintain a safe following distance and stretch it out when visibility or road conditions are sub-optimal.
If You Were Injured in an Accident, Our Team Can Help
If a negligent driver caused your rear-end accident, the team at Friedman & Simon, L.L.P. can help. We will establish liability and recover compensation from the negligent driver’s insurance company.
Call us today for a free consultation: (516) 932-0400. You do not pay us unless and until you get paid.

Question 7

Bullying: What To Do If You Suspect That Your Child Is Being Bullied

Accepted Answer

Would you know what to look for if your child is a victim of a bully? Just as bullying can take many forms, its ramifications in children who are being bullied exhibit a wide variety of signs and signals.
Keep an Eye Out for These Signs and Symptoms
Anxiety, low self-esteem, poor grades, and depression are just a few. Skipping school and experimenting with alcohol or drug use may also signal a bullying environment.
If your child is being bullied, they aren’t alone. Research shows that almost 50% of children experience some form of bullying at primary or secondary school.
There Are Several Types of Bullying
There are many types of bullying, including:

Physical such as hitting, kicking, pushing, tripping, or damaging personal property
Verbal like insults, name-calling, intimidation, racist or homophobic remarks, or verbal abuse
Social bullying is more subtle and includes spreading rumors, mimicking, playing jokes to embarrass and humiliate, damaging the victim’s reputation or social acceptance, and encouraging others to exclude the person.

Cyberbullying – A 21st Century Phenomenon
Cyberbullying happens with social media photos and posts, websites, texts, emails, and chats and can be either overt or covert. This type of bullying occurs in public or private, at any time, and sometimes may only be recognized by the target – as well as the person doing the bullying. Examples of cyberbullying include:

Abusive or hurtful posts, emails, texts, images, or videos
Deliberately excluding others online
Imitating others online by using their log-in or account

Take Action If You Suspect Your Child Is Being Bullied
If your child exhibits any of the above symptoms or confides in you that they are being bullied, act quickly to investigate and defuse the problem:

Talk calmly and non-judgmentally to your child about what happened.
Avoid putting words in your child’s mouth.
Request an immediate meeting with the teacher after normal school hours.
Share specific examples of the bullying and explain the impact on your child.
Escalate the issue if necessary to the school principal, if there is no improvement or if the situation gets worse.
Importantly, if your child is being physically abused or threatened with harm, report it to the police regardless of how the school is handling its investigation.

Bullying is never okay and no child should feel unsafe at school or the playground. You can learn more tips to share with your child on bullying and self-protection at StopBullying.gov.
We Can Help You Seek Justice for Your Child
No child should have to suffer physical or emotional injury at the hands of a bully. We know this is a traumatic experience for your whole family and we want to help you seek justice. There are bullying laws against and we can help you hold potentially liable parties legally and financially responsible for your child’s traumatic experience.
Call (516) 932-0400 to discuss your case during a free consultation.

Question 8

Can I Sue If I Was Involved In A Subway Accident In New York?

Accepted Answer

Yes, you can sue for your injuries, lost wages, medical expenses, pain and suffering, and other damages if you are involved in a subway accident in New York. The New York City Transit Authority, an agency of the Metropolitan Transportation Authority (MTA) can be held liable, as may other parties.
Causes of New York Subway Accidents
A subway accident can result from a combination of causes. Although some accident types cannot be avoided, others occur due to negligence. The following forms of negligence can lead to subway accidents:

Faulty or defective parts
Operator fatigue
Improper maintenance
Driving too fast
Faulty infrastructure
Driving while distracted
Driving while intoxicated
Object or animal on the subway tracks
Fire
Lack of safety features
Broken platforms, stairs, escalators
Computer system failure
Lack of security

Liable Parties in a New York Subway Accident
If you were involved in a New York subway accident that involved any of the above—or any other negligent causal factors, MTA / NYCTA may be liable for your damages. However, be aware you will likely need to contend with numerous technical legal rules and critical time-deadlines.
Sometimes, a third party can be a defendant in a personal injury lawsuit. For example, if there is a design flaw in a part of the train or rails, or if a parts manufacturer supplied the MTA / NYCTA with defective products, these negligent entities can be included in an injured party’s claim or lawsuit.
The Complexity of Suing MTA/NYCTA
Any time you file a claim against a municipal entity or, as in the case of the MTA/NYCTA, a “public authority”, you need to be ready for a complex legal process. For example, you will need to file a Notice of Claim before filing your lawsuit. This must be done within only 90 days from the date of the accident so making certain it is properly prepared and served timely is critically important.
You would be well advised to consider hiring a lawyer that can make sure you abide by the rules required for filing against the MTA/NYCTA. An attorney who is familiar with this type of lawsuit can also navigate through the masses of red tape and strategically block the savvy techniques of the municipality’s/public authority’s full-time defense lawyers.
Statutes of Limitations Limit Your Time for Taking Legal Action
There is a statute of limitations under the laws of New York that limits the amount of time you have following your subway accident to file a legal claim for damages. Suing MTA/NYCTA might mean you have a shorter deadline. Missing this deadline can jeopardize your ability to receive compensation for your injuries. A New York personal injury lawyer at Friedman & Simon, L.L.P. is aware of these state deadlines and will ensure that you do not miss this important filing date.
What We Can Do for Your New York Subway Accident Case
By hiring a personal injury lawyer to represent you in your quest for compensation following your subway accident in New York, you can avoid the tangled web of deadlines, investigations, evidence gathering, witness interviewing, and negotiating with insurers and lawyers. 
Friedman & Simon, L.L.P. will handle every aspect of your claim to get you the maximum compensation possible for your injuries. We will:

Gather evidence, including eyewitness testimony and police reports
Identify liable parties
Determine the value for your case
Communicate with all parties for you
Determine the value for your case
Negotiate effectively on your behalf and aggressively prosecute your claim

Call Us Today for a Free Case Review
Our legal team will meet with you on Long Island or elsewhere in the New York metropolitan area to review your case and give you a free consultation. Our multilingual staff is ready to welcome you as a client. Keep in mind that we work on contingency, meaning you pay us only when you get paid.
Call Friedman & Simon, L.L.P. today at (516) 932-0400.

Question 9

How Much Money Can I Get In A Subway Accident In New York?

Accepted Answer

Many factors go into determining how much money someone could win in a New York subway accident settlement. It is impossible to estimate without knowing the exact details of your situation.
Potentially recoverable damages could include the recovery of:

Medically related expenses such as treatment and medication costs, assistive devices, transportation to and from medical appointments, and physical rehabilitation costs
Medically related expenses in the future
Lost wages
Loss of future earnings
Household expenses
Pain and suffering
Emotional distress
Long-term disability

Factors That Affect the Damages You Can Recover
Even after we have demonstrated liability, there are several other factors that can affect how much money you can get in a subway accident settlement in New York. These include:

The severity of your injuries
Whether they will continue to affect you over time
Your job/salary
Whether your injuries affect your ability to work

Other factors can affect the strength of your case, as well:

If you have witnesses;
If the witness testimony is credible and compelling;
If you have photographic or video evidence corroborating your claim; and
If you have medical records and a police report that support your case

In general, the stronger your evidence is, the more likely it will be that your lawyer will be able to negotiate a settlement that compensates you for your injuries, losses, and other expenses. If you are not satisfied with the settlement being offered, you and your attorney can review the considerations of taking your case to court to assert your right to recover the compensation you deserve.
Suing the Appropriate Parties in a Subway Accident Lawsuit
Almost all mass transit systems are owned by the government, although there are situations where the government shares liability with public transit. To prove negligence in a personal injury lawsuit involving a subway accident in New York, we must show that the New York City Transit Authority (NYCTA) an agency of Metropolitan Transportation Authority (MTA) failed to provide a safe, hazard-free environment.
This generally means we must demonstrate that MTA/NYCTA failed to maintain the trains or the station platform, or that the subway driver was negligent in the performance of their duties. Third parties may also be involved, depending on the nature of the accident.
Statute of Limitations for Subway Accident Claims
The state agency, authority, or third party that is liable for your accident will determine the deadline for filing your claim. A subway accident lawyer serving New York can investigate the circumstances of your case to determine who the responsible party or parties are, and which deadlines apply to your specific case.  In almost all cases, the filing of a Notice of Claim, a document that must conform to technical rules in terms of content and service (i.e., proper legal delivery,) must be served within only 90 days of the date of the accident.  Failure to properly serve a Notice of Claim can be fatal to a case.
Demonstrating Liability for Your Subway Accident
As in all personal injury lawsuits, there are four elements that must be satisfied to successfully pursue compensation for your injuries:

Duty of care: The duty of care refers to a legal obligation that a party owes to another party to protect their safety and well-being.
Breach of the duty of care: A breach of the duty of care implies that the defendant failed to provide a safe environment for you, thereby breaching their duty of care.
Causation: In a personal injury lawsuit, we must prove that the failure of the defendant to provide a safe environment was the cause of the plaintiff’s accident and injuries.
Damages: As a plaintiff in a personal injury lawsuit, we must prove that you suffered losses, also known as damages, as a result of the accident.

We Can Help You Recover the Damages You Deserve
If you have been injured in a subway accident in New York, our team can help. Our attorneys can review your case and help you determine the amount of money you could potentially win in a New York subway accident settlement. Call Friedman & Simon, L.L.P. today at (516) 932-0400 for a free, no-obligation case review.

Question 10

What Are the Most Common OSHA Violations in New York?

Accepted Answer

In 2008, the Occupational Safety and Health Administration (OSHA) released findings from a safety task force that conducted 96 safety inspections at 46 construction sites throughout New York City between Jun 23, 2008 and July 3, 2008.
As a result of the two-week enhanced enforcement effort, OSHA issued citations to 60 contractors for 129 violations that totaled $247,000 in fines. Among 25 violations categories, OSHA released citations for the following categories:

Fall hazards (39)
Electrical safety (29)
Scaffolds (17)
Cranes and rigging (13)
Welding/gas (10)

The remaining categories included personal protective equipment, tools, material handling, concrete, hoists, stairs and ladders. These make up some of the most common OSHA violations in New York.
OSHA’s National Report Reveals Safety Violation Trends Across the Country
To convey national, cross-industry safety violation trends, OSHA published a report detailing the top 10 violations resulting from OSHA worksite inspections from October 2017 to October 2018. The top violations listed were as follows:

Poor fall protection (7,270 violations) – Rated as one of the most common causes of injuries and deaths in the construction industry. See OSHA requirements for proper fall protection below.
Improper hazard communication (4,552 violations) – OSHA requires that hazardous chemicals have proper labels to protect workers.
Inadequate scaffolding (3,336 violations) – This is another frequent cause of construction injuries and fatalities. The Bureau of Labor and Statistics (BLS) reports that 72 percent of workers who suffered injuries due to scaffolding accidents were caused by the support or planking giving way, slips and falls, and being struck by a falling object.
Improper respiratory protection (3,118 violations) – OSHA requires the provision of respirators to protect employees from smoke, vapors, gases, harmful dusts, sprays, and environments with inadequate supply of oxygen.
Inadequate control of hazardous energy (2,944 violations) – Employers must adequately control hazardous energy sources (mechanical, chemical, electrical, thermal, and hydraulic) for machines to prevent workers maintaining or servicing these machines from suffering burns, electrocution, laceration, crushing, fractures, and even amputation.
Poor use of ladders (2,812 violations) – Almost one third of all fall deaths in the United States are due to ladder use.
Poor use of powered industrial trucks (2,294 violations) – Employers are required to see that people operating forklifts and other powered industrial trucks are properly trained and evaluated.
Improper fall prevention training (1,982 violations) – Failing to give workers adequate fall prevention training (e.g., how to prevent ladder falls). 
Improper machinery protection (1,972 violations) – With all their moving parts, any breakdown in a function, part or process can yield serious work injuries, including amputation, crushed body parts, and burns. Employers are also required to provide safeguards to protect workers.
Poor eye and face protection (1,536 violations) – OSHA requires that employers provide their workers with face and eye protection when they handle mechanical, chemical, and environmental hazards and irritants. This measure can prevent thousands of cases of blindness and other work-related eye injuries.

New York OSHA Violations: Fall Protection, Construction
Falls represent one of the most common OSHA violations in New York and causes of serious workplace injuries and fatalities across the country. These falls can occur off elevated workstations, overhead platforms, or into holes in walls and floors.
On a construction site, any general industry work taking place at an elevation of four feet or more and any construction industry work occurring at six feet requires some type of fall protection. Examples of fall protection include:

Safety harnesses
Guard rails
Handrails
Toe boards
Safety nets

OSHA also requires that employers put these safeguards in place for any work done over dangerous equipment and machinery. Workplaces should be free of danger, with clean, dry floors. Protective equipment should be supplied, and training provided to workers at no cost.
Powered Industrial Trucks
Most industries utilize powered industrial trucks (also referred to as forklifts) in some capacity or another. These powerful machines are used to transport materials. Among the most common forklift accidents are:

Worker is run over or struck by a forklift
Forklift tips over
Worker is crushed between two vehicles
Worker is crushed between a forklift and another surface

Steps to Take if You Discover a Safety Issue in the Workplace
By taking the appropriate steps, you can avoid some of the most common OSHA violations in New York and can help ensure that a hazardous work condition does not cause you or a coworker to sustain an injury. 
Take the following steps in the order specified:

Notify your supervisor of the danger.
File a complaint with your human resources department
File a complaint with OSHA.

Friedman & Simon, L.L.P. OSHA Violation Lawyers Can File Your Lawsuit
If you have sustained an injury in New York due to a violation of OSHA regulations, you deserve compensation for your injuries. 
The OSHA violation lawyers at Friedman & Simon, L.L.P. will champion your right to recover damages, just as we have done for personal injury clients since 1991.
Our multilingual staff (Kannada, Spanish, Tamil, Bengali, and Greek,) will assist you, and our legal team of passionate advocates for the injured will see that you receive justice.
Call us today for a free case review at 516-932-0400.

Question 11

How Do I Know If I Have an OSHA Violation Claim?

Accepted Answer

If you can prove a third party on your worksite committed a willful violation of Occupational Safety and Health Administration (OSHA) requirements, you may have an OSHA violation claim. However, your injuries must have been a direct result of the violation. Call Friedman & Simon, L.L.P. at 516-932-0400 to learn more.
Understanding Willful Violation
Consider a scenario where an OSHA inspector comes to your workplace and alerts the property owner of a danger on the property. The property owner fails to remedy the hazard and you suffer injuries.
They are guilty of a willful violation, and they can be held liable for injuries resulting from their negligence.
Taking Legal Action for a Willful Violation
Like any personal injury action, you will need to prove negligence to receive compensation for your injury. The fact that the party in question failed to address the hazard addressed in an OSHA citation will help your case, but this evidence alone will not result in your recovery of damages.
You must also establish that this wanton disregard for safety was the cause of your injuries.
Your OSHA Violation Claim Lawyer Can Collect Evidence to Refute the Defense
Expect the other party to have a team of lawyers at the ready. It may not seem to be a fair fight, but with the right evidence, your lawyer can counter any argument the other party tries to present to clear themselves of liability.
To build such a solid case, your personal injury lawyer will gather the following types of evidence:

The other party’s safety records
The other party’s sworn testimony
Witness’ and coworkers’ depositions
OSHA records of any safety violations
Visual documentation (such as photos or video footage,) of the dangerous condition that led to your accident

Recoverable Damages in an OSHA Violation Lawsuit
If you were to restrict your recovery of damages to whatever workers’ compensation insurance pays out, you could receive compensation for your medical bills, vocational rehabilitation, and a portion of your lost wages. Workers’ compensation does not cover pain and suffering, or other non-economic damages.
However, by pursuing a claim based on willful OSHA violation, arguing that the negligence of causing or permitting these violations to exist resulted in physical injury to you, you open yourself up to recovering other types of damages, including the following:

Medical expenses
Lost wages and benefits
Loss of future income
Loss of consortium
Replacement services
Pain and suffering

A Personal Injury Lawyer Can Help You With your OSHA Violation Lawsuit
Friedman & Simon, L.L.P. has stood by as passionate advocates for the insured since 1991. Our legal team will walk you through the complexities of OSHA citations, willful violations, workers’ compensation, and how all these variables come together to help you receive compensation for the injuries you have sustained at work.
Our multilingual staff (Kannada, Bengali, Tamil, Greek, and Spanish) is eager to assist you in this quest for justice. Our legal team will work tirelessly to keep you updated, identify liable parties, communicate with all parties, gather evidence, and determine a value for your case.
Call us today to find out if you have an OSHA violation claim at 516-932-0400 before the statute of limitations runs out and we can no longer pursue justice.

Question 12

Can I Sue for OSHA Violations?

Accepted Answer

You may be able to sue if an OSHA violation caused you to suffer an injury. 
As a New Yorker, OSHA Protects You in the Workplace
OSHA regulations exist for the sole purpose of decreasing the risks of injuries in the workplace. Some of the types of accidents and injuries that OSHA aims to prevent include:

Electrocution/Electric Shock: Employers must provide proper training, functional equipment, and appropriate gear for employees working near live wires or electrical sources.
Falling Objects: In relevant work environments, workers must wear protective gear, such as steel-toed boots and helmets.
Falls: Safety nets, safety rails, or some type of fall arrest system must be in place when a work situation creates the risk of falling at least six feet.
Toxic Exposure: Employers are responsible for informing employees of the hazards and the identities of workplace chemicals to which they are exposed.
Caught-in-Between: The presence of heavy equipment requires that workers receive training and that owners maintain equipment.

Your Rights Under OSHA
As an employee, you have the right to work in an environment that is sanitary, safe, and non-toxic. Should you suffer an injury due to a failure to adhere to OSHA’s requirements to provide such a workplace, the negligent party could be liable for your injuries. A negligent or otherwise legally liable party, in this case, could include a property owner, general contractor, or another third party.
A New York construction accident lawyer will apply OSHA law to your workplace injury and fight to win maximum compensation for you.
Remedies That Might Accompany a Reported OSHA Violation
When an employee reports an OSHA safety violation, any of several remedies might come into play:

OSHA could investigate the violating organization
Changes in company safety practices could be mandated
The negligent party could lose their operating license

Steps to Take if You Become Injured at Work
By taking certain steps after suffering an injury on the job, you not only help yourself, but also help reduce the chance of another person suffering the same type of injury. The steps you should take are as follows:

Immediately report the hazard to your employer.
Obtain the appropriate level of medical care and treatment as soon as possible.  (This will be covered under workers’ compensation benefits that you are entitled to.)
Contact our law firm for a free case review and consultation with a lawyer experienced in accident injury cases involving OSHA violations
If the party who violated OSHA regulations does not resolve the hazardous condition, file a complaint with OSHA.
If you perceive an imminent threat to either your own life or to the lives of other employees, contact OSHA via their emergency line at 1-800-321-6742.

Friedman & Simon, L.L.P. OSHA Violations Lawyers Can File Your Lawsuit
It can be scary to file an OSHA violation claim or lawsuit against a property owner or other third party. If you have been injured due to negligence and a violation of OSHA regulations, we believe that your sense of duty to yourself and your coworkers may help you overcome any reluctance to take legal action. 
The OSHA violations lawyers at Friedman & Simon, L.L.P. will stand by your side, guide you, and advocate for you, just as we have done for personal injury clients since 1991.
Our multilingual staff (Spanish, Greek, Tamil, Bengali, and Kannada) will assist you, and our legal team will represent you in your decision to sue when OSHA violations have led to you being injured. We are your passionate advocates. 
Call us today for a free case review at 516-932-0400, as there is a statute of limitations that allows for a limited amount of time to take action.

Question 13

Who Is Responsible for Injuries to a Passenger While on a New York City, Nassau County, or Suffolk County Bus?

Accepted Answer

Legal responsibility for the injuries suffered by a passenger in a New York City or Nassau County or Suffolk County bus accident requires careful analysis of what may be a complex set of factors.  Frequently multiple parties may have legal responsibility.  Beyond “actors”, such as vehicle operators, other parties may have “vicarious” liability, due to their legal relationship to the ownership of the bus, or due to other factors that tie them to the happening of the accident.  
When you enter a bus, you trust your life to the bus driver, the bus company, and the agencies that operate the bus to ensure a safe journey. When bus accidents happen, lives can be changed forever. Many of these accidents could have been avoided. The failure to take the necessary steps to avoid an accident is what lies at the heart of bus accident lawsuits - negligence.
What is negligence? Negligence law, or tort law, has to do with creating or permitting a risk of harm that could have been avoided. For every accident that happens in the United States, countless others are prevented or avoided by careful drivers who are aware of their surroundings and the rules of the road. If you’re injured in a motor vehicle crash as a passenger on a bus, how do you obtain justice? The first step is to get whatever emergency treatment you need as soon as possible.
The second step is to call the attorneys at Friedman & Simon, L.L.P. to develop a plan so that you are compensated for all the harm you have suffered, as well as harm you may continue to suffer in the future by holding all at-fault parties legally responsible.
Who is Responsible?
At first glance, many people think the bus driver alone is responsible. While the bus driver is certainly a party of interest, bus accident lawsuits tend to be much more complex. Many buses in New York City are operated by governmental agencies that are responsible for the security, well-being, and safe transport of bus passengers. Examples of New York government agencies, known as "public benefit corporations," responsible for public transportation include:
-          MTA Long Island Rail Road
-          MTA Metro-North Railroad
-          MTA Staten Island Railway
-          MTA Capital Construction
-          MTA Regional Bus Operations
-          MTA Bus Company
-          MTA Bridges and Tunnels
-          MTA New York City Transit
Buses in Nassau County operate as Nassau Inter-County Express (NICE) Bus under a public-private partnership between Nassau County and Veolia Transportation. (Nassau County Transportation)
[Suffolk County Transit (SCT)] is a local public bus system consisting of 42 bus routes extending from the Nassau/ Suffolk County line on the west to Montauk Point and Orient Point on the east. The bus system is County owned, planned and managed. It is operated by privately owned companies under contract with the County. (Suffolk County Transportation)
Again, these lawsuits are highly fact specific. Depending on the facts, there may be a number of other parties that must be sued. Consider the possibility of involvement of these other potential defendants:

The repair shop that was hired to perform maintenance or repairs
Other passengers causing distractions by fighting or arguing
The City of New York or its contractors hired by the City to repair potholes
The driver(s) and owner(s) of other vehicles involved in the accident
The employer of other drivers involved if that other driver was in the course of employment
An establishment that improperly served alcohol to a driver if that alcohol-intake was a factor in causing the accident.
The private entities that, in conjunction with government agencies, operate certain bus lines.
Private entities that operate buses independent of any government / municipal involvement, such as tour buses, coach buses (long distance buses for hire) and certain school buses.

Bus accidents can happen for any number of reasons, including driver inattention, intoxicated driving, poor bus management, dangerous roadways, insufficient training, or even hazardous weather conditions. Your injury may not even be the result of a typical motor vehicle collision. Buses have been found liable in a number of other situations, like discharging passengers at an unsafe location, or illegally parking the bus in a manner that made it so difficult for other travelers to operate their vehicles that accidents resulted. Your lawsuit will depend on where the accident took place, which agency was operating the bus at the time of your crash, and what other municipalities were involved.
For instance, an accident on a bus in Manhattan may involve a lawsuit against the driver, the City of New York, the Manhattan and Bronx Surface Transit Operating Authority, the repair shop that negligently repaired the brakes, a passenger that was belligerently causing a distraction before the crash, and the New York City Transit Authority. Once you have a good faith reason to believe that someone did something wrong to cause your injury, you may file a lawsuit. Then, it’s up to the defendants to defend the allegations of negligence brought against them. 
Contact Friedman & Simon to Discuss Your Bus Accident
Don’t make assumptions about how to proceed in with a legal claim in a bus accident case.  Even payment of medical bills for the treatment of injuries sustained in a bus accident, under New York’s No-Fault Laws, is often processed differently for bus accident cases than for other motor vehicle accident cases.
Friedman & Simon's attorneys, paralegals, and investigators, are available around the clock to help you understand, protect and assert your rights. They place the needs of their clients first by helping them to understand how to pay for medical treatment and recover their wages. They answer the tough questions and will be there when you need them. There is never a legal fee unless and until there is a money recovery for you. 
Call now for a no-obligation case review and a free consultation with an experienced, dedicated and caring attorney: 516-932-0400.

Question 14

Injured While Visiting NYC? We Can Help!

Accepted Answer

Did you know that you do not have to be a citizen of the United States or resident of New York to file a lawsuit for a personal injury that happened there? Most people are unfamiliar with these rules, but the fact of the matter is that anyone can file a personal injury lawsuit in New York – once they follow the jurisdiction and venue rules.
What is Jurisdiction?
Jurisdiction refers to the court’s authority to hear a case. In New York, the parties can sue if either of the parties resided in New York at the time of the accident, or if the accident occurred in New York. For example, a Londoner traveling to Manhattan on holiday is involved in an accident when a negligent driver strikes the red, double-decker sightseeing bus they are a passenger in. The negligent driver is a resident of Pennsylvania and the bus is registered to a corporation in Delaware. Can the Londoner file a lawsuit for personal injuries in New York? The answer is a resounding, “Yes.” If you have questions about an accident in New York that caused an injury, no matter where you live, contact the attorneys at Friedman & Simon, L.L.P.  to learn what rights you have to a money recover for the harm you have suffered.
How Does Venue Work?
Now that we’ve covered jurisdiction, consider the problem of “venue”. Venue refers to which courthouse a plaintiff can file a lawsuit. What determines the courthouse that a plaintiff can file suit in? The answer lies in the recently amended law, CPLR 503(a):
Except where otherwise prescribed by law, the place of trial shall be in the county in which one of the parties resided when it was commenced; the county in which a substantial part of the events or omissions giving rise to the claim occurred; or, if none of the parties then resided in the state, in any county designated by the plaintiff. A party resident in more than one county shall be deemed a resident of each such county.
For the visiting, out-of-town plaintiff, the choices are simple: the plaintiff can select the defendant’s county, the county where the accident occurred, or any county the plaintiff wishes if none of the parties resided in New York.
What to Do if Injured While on Vacation in New York
If you were injured while on vacation, contact one of our attorneys immediately. There are specific rules regarding the timeframe to file a personal injury lawsuit in New York. The Statute of Limitations determines the time to file suit. In addition to the Statute of Limitations, there are other time limitations associated with making claims and litigating lawsuits. Failure to comply with the strict requirements of the Statute of Limitations will result in your claim being time-barred, meaning you will never be able to sue if you miss the deadline.  Failure to comply with other applicable case time limitations can also have devastating consequences for an injury victim’s claim or lawsuit. 
We urge you to let Friedman & Simon, L.L.P. handle all the details of addressing the various time requirements of your case.  You should be focusing on your medical treatment and healing. We will relieve you of the time-stresses associated with cases and make sure all deadlines are met. With respect to time-concerns, it is also very important to note, the sooner you contact us, because of factors like evidence and witness availability, the greater our opportunity to build the strongest case possible on your behalf.
Contact the attorneys at Freidman & Simon, L.L.P., to review your accident injury case.  We will walk you through the process, explain the timing of major events during the course of your case, and recommend a strategy that suits your needs.
Will I Have to Appear in New York?
The answer is maybe. It depends on how far a claim will have to progress before reaching a settlement or, if the case must be litigated, how far along that process must go to either settle or reach a verdict at trial.
If you agree to a pre-suit settlement, the answer is “No.” But if you choose to move forward with a lawsuit, there are three main events that will require your personal appearance:

Depositions: prior to trial, the parties are required to appear at a “mini-hearing” known as an “Examination Before Trial.” During the deposition, you will give testimony under oath to a court reporter who will create a written record of everything that is said. This transcript is critical to the case because it can be used as sworn testimony at trial.
Medical Examinations: the defense has the right to schedule “independent” medical examinations after depositions are held. This cannot be performed by Skype or telecast and will require a physical appearance.
Trial: should the matter proceed to trial, your physical presence will be mandatory in the courtroom.

Our firm has represented many clients, injured in New York, who bring New York based lawsuits and who do not live in New York.  We are experienced at doing everything possible to coordinate the above steps for clients’ maximum convenience.  Specifically, we will work to provide as much notice as possible of the need for a client’s physical presence and we will work to schedule steps #1 and #2 above as close to each other as possible to consolidate travel and lodging and minimize inconvenience. If you have concerns about these issues, you truly owe it yourself to discuss the matter in depth with one of our Long Island, New York personal injury attorneys.
Contact Friedman & Simon, L.L.P. Today
If you have been injured while in New York, no matter how long or short your stay was, contact the attorneys at Friedman & Simon, L.L.P.  to protect your interests and learn more about your rights. They have translators standing by that can assist you in any language you are comfortable speaking. Their attorneys are accommodating, friendly, and helpful. In the end, they want to help you achieve the justice you deserve.
Trips to New York should be fun and filled with happy memories. If your trip was less than that and resulted in injury, perhaps we can change how the story of your New York trip ends, by winning the compensation you need and the justice you deserve.
Contact Friedman & Simon now for more details in a free consultation with an experienced, caring, dedicated Long Island, New York personal injury lawyer: 516-932-0400.

Question 15

Can I Sue an Uninsured Driver?

Accepted Answer

New York Uninsured Motorist Coverage
Under New York law, all automobile insurance policies must include both underinsured and uninsured motorist coverage. In situations where an uninsured motorist injures an individual, this person can receive compensation for their injuries via their insurance company.
This coverage applies to individuals who:

Own an automobile
Reside in a home with a relative who owns an automobile

All uninsured motorist policies issued in the state of New York must have provisions that provide at least $25,000 for each person and $50,000 to each accident for two or more people. However, policyholders can, by paying a higher premium, increase these limits.  (This is a frequently overlooked form of insurance protection.  People may buy high policy limit coverage to protect themselves from liability claims, but may be unaware that they can buy uninsured / underinsured coverage to provide greater protection of those situations when they or a relative that resides with them are injured in an accident by an unidentified hit & run driver or a driver with too little or no liability coverage.)
Notifying the Insurance Company
After being injured by an uninsured driver, it is important to contact the insurance company as soon as possible. Insurance carriers have time limits for notification and failing to report the accident within this limit will nullify the claim. Injured individuals should consult with an attorney to review their insurance policy and notify the provider in writing as soon as possible to get the benefits they deserve.
Can I sue?
As with many situations in life, just because you can do a thing, does not mean it is a good idea to do it.  Just because you may have the legal right to sue does not mean it is in your best interest to do so.  Suing is not always the right approach for the goal of recovering the greatest possible amount for your accident injuries.
First of all, in the case of a hit & run accident where the at-fault driver left the scene without being identified and subsequent investigation indicates that the driver or owner of that vehicle cannot be identified, there is no one to sue.  (Our firm has had cases where a photograph or video of the at-fault vehicle, including license plate, was obtained before the driver fled from the scene.  We have even had cases where the at-fault vehicle’s license plate became lodged in the bumper of our clients’ vehicle and the at-fault driver fled, leaving the license plate behind.  In such cases, the offending vehicle’s owner and insurance carrier were identified and a lawsuit could be initiated.)
In many cases, even where the at-fault vehicle owner, driver, and insurance carrier are all identified, the at-fault vehicle is either uninsured or carried inadequate insurance to compensate an injured person for the full extent of their damages.  (For example, past and future medical expenses, lost earnings, and pain and suffering.)
While the law permits the commencement of a lawsuit against the negligent, at-fault driver and the vehicle’s owner, it may be impractical and imprudent to do so.  Ultimately, if an injured party wins a case as the result of a trial, they are awarded a judgment.  A judgment is basically a right to demand payment from someone.   If that person does not pay voluntarily, as an insurance carrier would, to collect on the judgment it must be enforced against the defendant’s assets.  If the person has no assets, the judgment can very well be a worthless piece of paper.   Unfortunately, and sometimes tragically, a person who is driving with no insurance coverage at all or the absolute minimum level of coverage required by law, may have no significant assets to pursue enforcement against.  While there are exceptions, (for example, was the at-fault driver in the course of employment at the time of the accident, potentially making his or her employer vicariously liable and the employer’s hopefully ample insurance coverage a potential source of recovery,) such cases often necessitate making an underinsured or uninsured motorist claim against the host vehicle’s insurer.  (However, the “course of employment” scenario described above is one of many examples of why it is critically important to consult with an experienced and dedicated car accident lawyer.  Each and every case requires careful review and analysis to make sure every potential source of recovery has been considered.)
Contacting a New York Personal Injury Attorney
If you or a loved one experienced an injury from an accident with an uninsured driver, contact one of the Long Island, New York personal injury attorneys at Friedman & Simon, L.L.P., Injury Lawyers, as soon as possible to discuss your options. We invite you to call now for a no-obligation case review and a free consultation at 516-932-0400. A professional opinion from an experienced and compassionate lawyer can help.

Question 16

What Kind of Claim Do I Have if I Am Injured in the Workplace?

Accepted Answer

When employees suffer injuries while at work, the circumstances of the accident must be carefully considered to determine what sources of money recovery are potentially available. In New York, employees injured in the course of their employment are entitled to Workers’ Compensation benefits to pay for their related medical treatment and a portion of the earnings they are missing due to the accident disabling them from work.
If you have been hurt in a work-related accident, we sympathize with you. We recognize that you were doing the right thing by performing honest work to earn your income. One aspect of the “The American Dream,” is the promise that every individual in this country should be able to work to earn a living. Do not let this dream became a nightmare because of your work-related injury. Contact the attorneys at Friedman & Simon. L.L.P., to learn how the law can work to provide the justice you deserve.
How Do I File a Workers’ Compensation Claim?
If you were an employee working at the time you suffered your injury, you may qualify for benefits under New York's Workers’ Compensation statute. There are particular forms that must be filed by strict deadlines in order to preserve your claim.
Before you "Google" the form, contact an attorney. Your claim may involve additional paperwork, testimony under oath, depositions, and even a hearing to determine whether you qualify for benefits. Inconsistencies in your filing – which may be an innocent mistake on your part- can be damaging or even fatal to your claim. Don’t go it alone. Many claims that are denied are filed by individuals who tried to tackle the process on their own. This is not recommended. The paperwork required for a successful Workers' Compensation claim involves carefully detailing how the injury happened, what you were doing when the accident occurred, the time it took to notify your employer, the nature of your injury, the body parts you are claiming were injured, and other details that may be subject to later investigation. All of these issues and various concerns are best addressed by an experienced and dedicated Workers’ Compensation lawyer.
Are There Any Circumstances Where I Can File a Lawsuit AND a Workers’ Compensation Claim?
If an on-the-job injury was caused by the negligence of your employer or fellow employee, while you will have the benefit of Workers’ Compensation coverage, you will be barred from bringing a lawsuit against these negligent parties. However, if the accident was caused, at least in part, by the negligence of someone other than yourself, your employer or your fellow employee, -such other person or entity being generally referred to as a “third party”- you very well may bring what is termed a “third party claim” or, if indicated, commence a lawsuit which might be referred to as a “third party action”. 
For example, a supermarket worker who is stocking shelves overnight and slips on a wet floor without any cautionary “Wet Floor” sign, that was mopped and left posing a hazard without any safety warning by a fellow employee, will most likely recover only Workers’ Compensation benefits. However, if one fact is changed, for example, if the wet floor resulted from the faulty installation of a refrigeration unit by an outside company, or perhaps from a leak in the ceiling when there are commercial tenants above the store and the landlord failed to repair the leak that he/she actually knew of or, in the exercise of care should have known about, the injured supermarket worker may in these examples have a valid third party claim against the refrigeration company or the landlord.
Fact patterns such as the one above, and some that are much more complex, as in a construction site that may have dozens of companies with many building trade workers at a location, play out every day in cases where people are injured on-the-job. These fact patterns must be very carefully examined, so that the injured worker is given the opportunity to recover against each and every party that may be legally responsible for the damages caused by the on-the-job injury.
Contact Friedman and Simon to Review Your On-The-Job Injury Case Today
All cases, including Workers’ Compensation claims and Third-Party cases, have time-deadlines.
After suffering an on-the-job injury, it is best for you to focus on your medical treatment and recovery and to allow us to handle all the technical details of investigating and analyzing the facts and evidence of your case, preparing and submitting all necessary documents to preserve and assert your rights and making sure that all deadlines are met in a timely manner. 
Being permanently or temporarily disabled while at work can be devastating for you, your loved ones, and all those who depend on you for financial support. We understand how you feel and have worked relentlessly to help victims like you to obtain the justice you deserve and financial compensation you need. Call the attorneys at Friedman & Simon, L.L.P., today for a no-cost case review and a free consultation with an experienced, dedicated and compassionate lawyer: 516 932 0400

Question 17

Should You Move Your Car After an Accident?

Accepted Answer

Being involved in a car accident brings about a lot of emotions and a long list of what you should and should not do in the moments immediately following the crash. One of the most common questions drivers encounter following a crash is whether or not they should move their car from where it came to a stop. The shortest answer possible in such a situation is maybe. It’s understandable that this is not a solid answer, which is why we will take a deeper look into the answer to this question, so you know how to handle a car accident in the event you are ever involved in one in New York.
Moving Your Vehicle After an Accident
There are some situations in which you should move your car after an accident. For starters, the first situation is if the vehicle is blocking a lane of travel. Take a look at the condition of the car and who is at-fault. If it is clear who the at-fault driver is, and the vehicle is not totaled, it’s best to move the vehicle to a safe area. Safe areas include the shoulder, a parking lot, or a designated safe zone on a highway (rest stop or area divided by a barrier). Leaving your vehicle in a travel lane can cause a second or third accident if inattentive drivers approach the scene. This is how many pileup accidents occur. When you move the vehicle out of the travel lane you can safely discuss the accident with the other driver. If it is completely safe to do so, it can be helpful to take photographs of the cars involved showing their respective positions in the roadway and each vehicle’s point(s) of impact, when they came to a stop after the accident, but before being moved. While such photos can aid in supporting an argument as to fault, it is entirely a secondary consideration, with safety being 100% the most important consideration. Anything that might cause or worsen injuries must be avoided.
Don’t Move Your Vehicle After an Accident
There are quite a few situations in which your vehicle should not be moved after a car accident. Those situations include the following:

If the vehicle has been totaled or otherwise is not running properly
If someone is injured and moving the vehicle could further exacerbate their injuries
If there is too much debris on the road due to the accident

The most serious of accidents usually require all vehicles being left in the position in which they stopped after the car accident. Why? The police will need to reconstruct the accident scene by taking pictures, measurements, and collecting physical evidence. If the vehicles have been moved, it can be difficult for the police to conduct the investigation and determine who was at-fault in the crash.
Car Accidents Can be Crime Scenes
What many drivers fail to realize is that car accidents can turn into crimes, therefore turning the accident scene into a crime scene. Car accident scenes become crime scenes when the at-fault driver flees the scene, when an involved driver was under the influence of alcohol or drugs or if someone has been killed. If you are not severely injured you need to make sure your car is locked if you are not in it and you need to monitor the scene until the police arrive. This helps ensure that the at-fault driver does not attempt to rearrange the crash scene to show they were not the cause. It’s important to leave your car where it came to a stop at a car accident scene if you believe it has been involved in a crime. This is especially important so you don’t move any other evidence involved in the crash, which could severely hinder the police investigation.
Take Pictures First
As mentioned above, but worth repeating for emphasis, after checking to see if anyone has been injured and calling 911, you should take pictures before moving any of the vehicles involved, but only if it is completely safe to do so. Take pictures of the positioning of the vehicles, damage to the vehicles, and debris from the crash. If none of the issues mentioned earlier with respect to possible criminality associated with the cause of the crash pertain, you can move the vehicles to a safe place out of the travel lane, after you have taken pictures.
Call an Attorney Today
When you are involved in a car accident you need to follow the tips outlined here so that you do not disturb any possible evidence or ruin a crime scene investigation. Make sure you speak with an experienced New York personal injury attorney at Friedman & Simon, L.L.P., Injury Lawyers, to discuss the accident before answering any questions from the police or before speaking to any insurance company. A no-obligation case review and free consultation are only a phone call away. 516-932-0400.

Question 18

How to Compare Slip and Fall Lawyers

Accepted Answer

Slip and fall accidents can cause severe injuries and create a great deal of pain and suffering. If you or a loved one was injured due to a slip and fall that resulted from another person’s negligence, you should speak with one of the personal injury lawyers at Friedman & Simon, L.L.P., as soon as possible. To choose the best one, always compare potential attorneys and ensure that the one you select has the required experience for your case.
If you have consulted with more than one attorney and you are now trying to choose between experienced lawyers with established records of success, you may want to consider demeanor. Whether you are speaking over the phone or in an in-person consultation, take note of the following. Does the lawyer listen to you when you speak, or talk over you? Does the lawyer address you in a professional, polite, respectful, caring and compassionate manner? Does the lawyer show compassion for your situation and treat you respectfully? A claim or lawsuit is a journey. Before you embark on such a journey, you may want to be as certain as you can be, that the firm taking the journey with you, in addition to being good at what they do, is good to you as well.
Familiar with Your Type of Case
Slip or trip and falls can happen for many reasons, which means that legal cases vary greatly. To ensure that their chances of receiving compensation are as high as possible, plaintiffs should enlist the help of lawyers that are familiar and experienced with the particular type of slip and fall case involved.
For example, falls are caused by:

Broken steps
Loose rugs and mats
Unmarked steps and curbs
Unsecured cables
Accumulated snow and ice
Missing handrails
Insufficient lighting
Cracked or sunken concrete
Broken asphalt and potholes

Why Experience Counts
Given the complexity of personal injury cases, an experienced lawyer is crucial to ensure that the proper investigation is performed, the necessary evidence gathered, the proper experts consulted and that all the necessary documents are drafted, assembled and filed on time, and that each of these steps is performed with a goal of excellence and obtaining the best possible outcome for the client.
Proving Negligence
Familiarity with New York personal injury is necessary when fighting for compensation for a slip and fall injury. To prove fault after sustaining an injury on another person’s property, the plaintiff must show that one of the following is true:

The owner of the property caused the fall to exist by somehow creating the dangerous condition
The owner of the property or employee actually knew about the dangerous surface and did not fix it or otherwise prevent the injured person from coming upon it. (e.g., by creating a detour or posting ample warning.)
The owner of the premises or property should have known about the dangerous surface and discovered, removed, and repaired it

Arguing Liability
Regardless of which of the above situation applies to a given case, proving liability can be difficult. For example, the phrase “should have known” leaves room for much argument, which is why an experienced and dedicated slip and fall lawyer is so crucial. A lawyer arguing such a case must be able to determine negligence and prove liability in clear-cut legal terms and with a persuasive presentation of the facts. Fault is typically determined using:

Witness statements
Police reports
Photographs
Expert opinions
Surveillance video

Pure Comparative Negligence
Per N.Y. Civil Practice Law & Rules § 1411, compensation in personal injury cases is adjusted according to fault. For example, if the defendant proves that the injured individual was partially responsible for the dangerous surface that caused the fall, they may be deemed 20 percent accountable for their injuries. In this case, they only receive 80 percent of the compensation awarded. Most defendants will argue that the plaintiff is partially or wholly responsible for their injuries, and a qualified personal injury lawyer will fight as best as they can against such claims to win the best possible outcome for the client.
Contact a New York Slip and Fall Lawyer
If you or a loved one was injured due to a slip and fall caused by another person’s negligence, contact an experienced, dedicated and caring New York personal injury lawyer at Friedman & Simon, L.L.P., Injury Lawyers, today. A no-obligation case review and a free consultation is only a phone call away. 516-932-0400.

Question 19

How to Compare Construction Accident Lawyers

Accepted Answer

Construction sites pose many dangers to individuals working on them, especially when employers and third parties fail to ensure that they are as safe as possible. If you or a loved one is injured as a result of construction site operations, it is important that you contact a construction accident lawyer as soon as possible. With a thorough understanding of New York law generally and construction accident law specifically, they can argue vehemently to help you receive as much compensation as possible.
Workers’ Compensation
Per New York Consolidated Laws, Workers' Compensation Law - WKC §1, workers are entitled to cash benefits and/or medical care to help them deal with injuries sustained on the job. However, one trade-off for these benefits is that your employer and fellow employees are protected from litigation. In other words, if the negligence of your employer or a fellow worker who works for the same employer caused your injuries, you will be limited to workers’ compensation benefits and cannot successfully sue these negligent parties.
In cases where the accident was caused by someone other than your employer or fellow employee, generally referred to as a “third party”, you can and probably should make a claim to recover money compensation for your injuries. If indicated, a “third party lawsuit” can be brought as well.
Experience
Regardless of the injury, an experienced construction accident lawyer should be able to work a case to prove fault. A quality lawyer can argue falling object, slip and falls, trip and falls, electric shock, debris-related accidents, building collapses, and many other kinds of injuries. It is best for you to compare experience and ensure that the lawyers being considered have a deep understanding and thorough, genuine experience working cases similar to those that caused the injuries you sustained.
“Bedside Manner”
This term generally applies to how a medical doctor interacts with patients, but we believe it applies, figuratively if not literally, to how lawyer & clients interact as well. Assuming you find yourself needing to choose between well-qualified law firms as to whom you will retain, we suggest that you pay close attention to the lawyer’s “bedside manner”. Does he/she listen to you when you speak, or talk over you? Are you treated with respect? Does the lawyer have compassion for your situation, or do you feel like you are “just another case file”? Claims and lawsuits are like journeys. They take time and, because cases are adversarial, challenges and obstacles will arise and must be dealt with. Do you have the appropriate level of confidence in and comfort with this attorney to embark on this journey?
Understanding of OSHA Guidelines
Occupational Safety and Health Administration (OSHA) guidelines are in effect to ensure that workers have a safe, healthy environment. By law, all employers must adhere to OSHA standards. With this in mind, personal injury lawyers must be familiar with OSHA guidelines to present a case and argue for compensation on behalf of individuals injured in construction accidents.
Comprehensive Evidence Collection
Proving that a third-party caused an accident requires a thorough understanding of New York law and an understanding of how to prove that their negligence caused damage. Using evidence such as witness statements, expert witness reports, work documents, and surveillance footage, they should be able to explain all of the compensation a plaintiff may be entitled to and how they will effectively argue this in court.
These damages include but are not limited to the following:

Past medical bills
Future medical bills
Past pain & suffering
Future pain & suffering
Past economic losses
Future economic losses
Loss of services of a spouse

Safety at High Elevations
N.Y. Labor Law § 240 provides special protections to individuals working construction at heights. Whether via a ladder, scaffold or otherwise, a person injured in an elevated setting is entitled to the benefits this section of the law provides. If you or a loved one was injured in a height related construction accident, please call our office immediately for guidance in how to best protect your rights.
Wrongful Death
Death due to a construction accident is tragic. The departed deserves justice and his or her surviving loved ones need the justice of being compensated for all the financial harm the death has unleashed upon them. The construction accident attorneys at Friedman & Simon, L.L.P., Injury Lawyers, have compassion for such families and we are dedicated to getting such families the best possible case outcome.
Statute of Limitations & Other Deadlines
Claims for injuries sustained on a construction site must be filed within three years from the date of the accident per N.Y. Civil Practice Law & Rules § 214. For wrongful death lawsuits, claims must be filed within two years of the accident. Claims and lawsuits have numerous other time limitations. When our law firm is retained, you can rest assured we will comply with all deadlines in a timely manner to protect your rights. This will allow you to focus on your medical treatment, healing and recovery. In the case of death, this will allow you to heal your grief to the extent possible, with minimal disturbance. The sooner you contact us, the greater our ability to build the strongest case possible for you.
Hiring a Construction Accident Lawyer
If you or a loved one is injured due to a construction accident, contact a construction accident lawyer at Friedman & Simon, L.L.P., Injury Lawyers, as soon as possible. One of our experienced legal professionals will navigate the legal process and fight for the compensation you deserve. Call now for a no-obligation case review and free consultation: 516-932-0400.

Question 20

How to Compare Car Accident Lawyers

Accepted Answer

Car Accidents Occur Frequently and Have Tragic Consequences
The National Highway Traffic Safety Administration (NHTSA) reports nearly 37,000 fatalities for car accidents in 2016 alone. Even when accidents do not result in a death, the injuries suffered can often be life-changing. If you or a loved one is suffering from injuries due to a car accident, please contact a car accident lawyer as soon as possible to protect and assert your rights.
Practice Area Concentration
When looking for potential lawyers, we believe it is best to choose a law firm that concentrates on personal injury cases. A license to practice law in New York State permits an attorney to practice in a wide range of practice areas. For example, a licensed attorney may offer public legal representation pertaining to family law, criminal law, real estate law, estate & trust law and so on. While a generalist may be, and should be, competent in whatever area of practice he or she is working in, we believe that the lawyer who performs all their work in a given field will most often have the greater level of mastery of the subject when compared to a practitioner who divides their attention between very different practice areas. .
Experience and Results Achieved
It has been said that there is no wisdom like experience. Education, training, intelligence, aptitude, and talent all contribute to how well anyone might perform any given undertaking, but experience and results achieved, while not a guarantee of future outcomes, are probably the best predictors.
Since 1991 Friedman & Simon, L.L.P., Injury Lawyers have been fighting for the rights of accident injury victims. Representing people that have been hurt as a result of someone else’s negligence is the only type of work we do, and we never stop trying to improve.
We are proud of our record of successful outcomes. Not as much for the dollar figures, which of course are important, but even more so for the real-world practical effects of those outcomes in helping our clients rebuild their lives. As one client wrote, in kindly posting a five-star Google review of our firm: “After being involved in life changing motor vehicle accident, my family and I turned to Friedman & Simon. From day one I felt confident that Mr. Simon and his team would produce the best outcome possible. As one of the most difficult times in my life, this law firm was there to answer any questions/concerns and fight. The outcome of my case has given myself as well as my family a second chance at the life we planned on having before my accident.”
Manner In Which You Are Treated
We know there are many lawyers to choose from. We know many of these lawyers are experienced and have a record of successful outcomes. We are both proud of our experience and record, and humbled that we have had the privilege of helping so many accident injury victims. As you go through your selection process, we urge you to consider another factor as part of your criteria. That is, how does the lawyer and his or her staff interact with you?
You should always be treated with dignity. Your questions should be answered patiently. You should be listened to and not interrupted or talked over. You should feel respected. You should feel that everyone associated with the law firm has compassion for your situation and is fully engaged in achieving the best possible outcome for you.
A claim or lawsuit is like a journey. It is a journey that will take time, and because we will be fighting for the maximum dollar outcome while our adversaries will be fighting to pay as little as possible, there will be challenges to face, obstacles to overcome and, potentially, difficult decisions to make. You should feel confident that your lawyer is a person of the highest integrity, that will fight relentlessly for you, that you can take this journey with. Once you are satisfied as to the qualifications of experience and results achieved, whether you have spoken with the staff and lawyer by phone or in person, we urge you to consider: How do I feel about the manner in which I was treated?
Consultation
After finding potential lawyers, the next step is a consultation. During this time, injured individuals can learn about the experiences of the lawyer first-hand and get a chance to see how responsive they are to their needs. In stressful times of car accidents, it is critical to meet with a layer that provides comfort and stability in the face of the unknown. With this comfort, injured individuals are better prepared to heal and face the legal system.
Consultations should touch on:
● Legal experience
● Educational background
● Legal strategies and philosophy
● Experience with car accident cases
Contacting a Car Accident Lawyer
If you or a loved one is searching for a personal injury lawyer to take on your car accident case, contact one of our caring and dedicated car accident lawyers today. With an understanding of New York personal injury law and a commitment to securing the best possible settlement for you, we can make navigating this difficult time minimally stressful and optimally successful for you.
Call now for a no-obligation case review and free consultation. 516-932-0400

Question 21

Where Can I Find a Car Accident Lawyer in Manhattan?

Accepted Answer

If you have been injured in a car accident due to another’s negligence, you have a right to seek compensation for any damages suffered. You can find a car accident lawyer in Manhattan to fight for your case at Friedman & Simon, L.L.P. We will fight to recover the maximum compensation you are entitled to if you have been injured in an auto crash.
We understand how difficult the days and weeks following an accident can be. You are likely dealing with physical and emotional pain, mounting medical costs, and lost wages due to time off work. Contact a Manhattan car accident lawyer today at 516-932-0400 for a free and confidential consultation about your case.
How a Manhattan Car Accident Lawyer Will Help
At Friedman & Simon, L.L.P., we will thoroughly investigate your case to determine the most appropriate legal strategy for moving forward. Step one is to identify the at-fault party, and step two is to prove liability. We will do this by gathering evidence, which may include the police report, witness statements, photographs and surveillance video, and expert opinions.
Proving Liability
Once we have identified the at-fault party or parties, we will prove liability by showing that the following elements were present:

The at-fault party had a duty of care to take reasonable precautions against causing you harm.
The at-fault party breached that duty by behaving recklessly, carelessly, or negligently.
The actions of the at-fault party were a direct cause of the accident and the damages you suffered as a result.

We Help You Obtain Damages
If you were harmed by the negligent or careless actions of another, a Manhattan car accident attorney may be able to help you obtain compensation for the following types of damages:

Medical expenses, current and future
Lost wages, current and future
Damage to your vehicle
Pain and suffering
Diminished quality of life
Permanent disability or disfigurement
Wrongful death

Constant Communication
Throughout the entire process, we will be by your side. Our legal team will provide you with regular updates as to the status of your case and any important developments. If you have questions, you can call or email us at any time.
Handling Insurers and Other Parties
Dealing with insurance companies and other involved parties is one of the most stressful and time-intensive aspects of any personal injury case. We will shoulder this burden on your behalf so that you can focus on healing.
Common Causes of Car Accidents
In 2017 alone, a total of 37,133 people died in crashes in the United States, according to the National Highway Traffic Safety Administration. We have handled countless car accident cases over the years, many of which included the following common causes:

Driving while intoxicated
Drugged driving
Distracted driving
Reckless driving
Aggressive driving
Illegal lane changes and turns
Fatigued driving
Failure to yield
Running through traffic signals
Use of excessive speed
Construction debris
Improper roadway maintenance
Insufficient signage in construction areas
Poor traffic control in construction areas
Temporary road markings
Defective vehicle parts

If the cause of your accident is not listed above, give us a call anyway. We will let you know how we will help: 516-932-0400.
Statute of Limitations
In New York, you have a limited time with which to take legal action if you have been injured in a car accident. If you overstep the statute of limitations for a car accident injury claim in New York, you may be unable to obtain any compensation from the at-fault party or parties.
And the statute of limitations may not be the only deadline you have to contend with; you may have deadlines depending on whether you are filing with your own insurer or filing a case against the state or a municipality.
Contact Friedman & Simon, L.L.P. Today
If you have been injured in any type of motor vehicle accident, the legal team at Friedman & Simon, L.L.P. is ready to provide you with excellent legal representation. We will fight to get you the maximum compensation you deserve, and we have an impressive track record of obtaining large settlements and verdicts for our clients. You may be entitled to compensation for medical expenses, pain and suffering, lost wages, and other associated costs.
Although we do fight to win the best possible out of court settlements, we are prepared and willing to take a case to trial when necessary. Do not attempt to navigate this complex process alone; we will help.
Call us today at 516-932-0400 for a free and confidential consultation about your case.

Question 22

Where Can I Find a Sewer Accident Lawyer in New York?

Accepted Answer

Sewers present potentially dangerous conditions, both for maintenance workers and pedestrians. Maintenance workers face the hazards of deadly fumes that concentrate in these confined spaces, and the limited accessibility makes exiting the sewer—as well as rescue teams entering the sewer—extremely difficult.
If you sustained injuries or a loved one passed away in a sewer accident in New York, the sewer accident lawyer at Friedman & Simon, L.L.P. will help you recover damages. Call today for a free case review, at no obligation: 516-932-0400.
Risk Factors for Pedestrians
New York City’s Department of Transportation (DOT) is responsible for maintaining 6,300 miles of streets and highways, as well as 12,000 miles of sidewalk, the DOT website reports.
This maintenance should provide for pedestrian safety, including protecting pedestrians against the dangers of cracked or defective manholes and those left uncovered by negligent worker crews. Any of these situations can lead to a pedestrian falling into the manhole, causing serious injuries or even death.
Whether the city, a utility company, or transit authority acted or failed to act in a way to prevent such a fall, the negligent party should be held accountable for either not replacing the cover on the manhole, not repairing the cracked or defective cover, or failing to warn pedestrians of the hazardous situation.
A failure to take such reasonable steps to protect pedestrians from injury could constitute negligence, resulting in the negligent party’s being held accountable for any sustained injuries and other damages.
Risk Factors of Sewer Maintenance
According to an article published in the Journal (Water Pollution Control Federation), the job of maintaining sewers and sewerage systems is dangerous because it exposes workers to several hazardous elements, including:

Infection
Infectious diseases
Hazardous atmospheres
Hazards connected to contact with or presence of sewage

In addition, sewer accidents occur from the following factors:

Street traffic
Falls
Foreign bodies entering the eyes
Confined spaces
Slippery and/or corroded manhole steps

These risks mount on top of the general hazards associated with every other industrial occupation that demands great exertion and/or physical activity. Particularly problematic in the case of sewers are the characteristics associated with the sites’ being “confined spaces.”
Confined Spaces Exacerbate Any Other Problem in a Sewer Accident
The term “confined spaces” refers to spaces that are not designed for human occupancy, according to the Canadian Centre for Occupational Health and Safety (CCOHS).  Their entrances and/or exits are generally restricted, which creates problems when it comes to evacuating, rescuing, or administering first-aid within the spaces.
Sewers are just one of many examples of confined spaces that present dangers to people who enter them.
Many of these confined-space hazards apply directly as factors leading to or worsening sewer accidents in New York.
Example of a Recent Sewer Accident
In October 2017, construction worker Brett Morrow entered a sewer to fit a pipe, two feet in diameter, with a liner. The liner began to crumple and harden around the worker, emitting a toxic gas, likely incapacitating him. Ultimately, he drowned in a liquid that was created through the liner installation process. Rescuers struggled to reach the worker, who was trapped around 25 feet into the pipe. The crumpled liner that Morrow was installing further complicated rescue efforts, blocking access to the victim.
Occupational Safety and Health Administration (OSHA) investigated the incident, beginning with a review of safety records from the construction company, which had faced previous fines for safety regulation violations. Violations included the inadequate provision of aerial lifts, evacuation requirements, respiratory protection, and protective systems.
OSHA levied $77,604 in penalties against the company that had been contracted to do the pipe repairs, citing them for exposing workers to the syrene gas that crippled morrow and for not testing the air in the manhole and pipe. Morrow’s father has filed a civil lawsuit against the company, which is ongoing.
The case represents several key dangers of working inherent to the sewer maintenance trade, most exposure to toxic atmospheres and lack of access for emergency personnel.
Your Rights to Compensation After a Sewer Accident in New York
Under New York law, most employers must carry workers’ compensation insurance. If you were injured in a sewer accident while performing your job duties, you are entitled to file for workers’ compensation benefits.
You must notify your employer of your injury immediately following the accident. New York gives you 30 days to take care of this step—but the sooner you handle it, the better. The state also requires that you file your insurance claim within two years of the sewer accident.
Workers’ compensation entitles you to receive wage replacement benefits, medical treatment, and/or vocational rehabilitation. Expect your wage benefits to equal two-thirds of your average weekly wages.
Workers’ compensation does not cover pain and suffering. If you want to be compensated for this type of emotional damages, consider filing a personal injury lawsuit.
Filing a Personal Injury Lawsuit for Your Sewer Accident Injuries
New York law prohibits you from suing your employer or coworker for injuries caused in your sewer accident. However, if some other party’s negligence, such as that of a municipal body, equipment provider, or contractor, caused the accident, you can file to recover your damages in a third-party lawsuit.
The sewer accident lawyers at Friedman & Simon, L.L.P. will handle every aspect of your lawsuit so you can focus on your physical recovery.
Let Friedman & Simon, L.L.P Your Sewer Accident Lawyer in New York
Since 1991, Friedman & Simon, L.L.P. has worked as an advocate for New York’s injured. Let a sewer accident lawyer in New York help you receive the compensation you deserve for your sewer accident. 
Call us at 516-932-0400 for a free, no-obligation consultation. Our multilingual staff (Spanish, Bengali, Tamil, Greek, and Kannada) will be happy to assist you.

Question 23

What to Look for in a Slip and Fall Lawyer

Accepted Answer

If you have been hurt as the result of a slip and fall injury, you may have questions about who you can sue, and how to pay for the medical treatment that you incurred. If this sounds like you, contact the attorneys at Friedman & Simon, L.L.P. to answer any questions you may have about your claim.
What Is a Slip and Fall Accident?
In order to prove a slip-and-fall accident, a plaintiff must demonstrate that the defendant created the hazardous condition that caused the accident, or the defendant had notice of the condition, and an opportunity to correct or effectively warn about the hazardous condition so as to prevent injury.
When selecting an attorney, it is critical to select a law firm that is thoroughly experienced with these types of cases and their nuances. “Slip and fall” accidents may sound simple enough, but there are rules in statutes and case law that affect how a case develops, and ultimately ends. 
For instance, in the definition above, what constitutes “notice”? Your attorney must know what notice is, and what types of notices there are. “Actual notice" is the notice that you were probably thinking of – the defendant actually knew about the condition that caused the slip-and-fall. For example, the manager of a grocery store is alerted by one of the store associates that a customer dropped and spilled a gallon of milk resulting in a large puddle. That would constitute actual notice.
But what about “constructive notice”? To constitute constructive notice, a defect must be visible and apparent, and it must exist for a sufficient length of time prior to the accident to permit the defendant's employees to discover and remedy it. For example, a grocery store manager is not told about the dropped gallon of milk, but he hears a customer drop a liquid item and hears it crash onto the floor. While he was not actually told that there was a spill, there are pieces of circumstantial evidence that may prove that he should have known. When selecting an attorney, be sure to retain counsel that has handled the type of slip and fall case you have.
For example, falls due to rain or snow tracked into a store. Falls due to a chronic leak in an apartment ceiling. Falls due to snow or ice on a sidewalk or walkway, and so on.  Each of these case types, and the many other types of slip and fall presentations, share similar considerations yet also have unique characteristics that call for different types of investigation, different types of notices to be served, and very different case prosecution strategies.
Where Do Slip and Fall Accidents Occur?
Slip and fall accidents can occur anywhere. The most common places where slip and fall accidents occur are:

Grocery stores
Stairways
Stores, restaurants and bars
Office buildings
Environments altered by rain, snow, or sleet
Gyms
Apartment complexes
Elevators or escalators
Residences

It is important to select an attorney who is willing to put your needs first. That entails developing a legal strategy that considers where the slip-and-fall occurred and recognizing that strategies will change based upon the location of the injury.
In developing your legal theory, your attorney should work with you to discuss how to best proceed with your claim. Depending on the circumstances of your case, your attorney may be able to engage in a pre-litigation investigation by obtaining and analyzing evidence to be used in support of negotiating your claim, or for preparing for trial.
This type of investigation includes:

Obtaining surveillance footage of the fall
Taking witness statements and testimony
Retaining expert witnesses and consulting them for their opinion and testimony
Obtaining relevant records of slip-and-fall accidents on the same piece of property
Securing maintenance records
Taking professional photographs of the condition that caused the fall and the property where the fall occurred
Obtaining certified police reports, to the extent available and applicable

Qualities of a Slip-And-Fall Attorney
Slip-and-fall accidents can result in serious or even catastrophic injuries. In seeking an attorney, accident victims should look for a firm that has the personnel (secretaries, paralegals, investigators), attorneys, and resources available to adequately investigate, analyze, negotiate, litigate, and, if indicated, try your case before a judge and jury. Your attorney should discuss the particulars and value of your case and thoroughly explain the process and the anticipated prosecution strategy that is thought to be the best course of action.
While experience and a record of excellent results are important, the way the lawyer speaks to you is also important.  A case is like a journey and the relationship between client and attorney is a special one. You should feel that the lawyer listens to you, respects you and recognizes your dignity. You should feel that the lawyer, in addition to being technically excellent, is compassionate, dedicated and fiercely determined to obtain the best possible money recovery for you. 
Call Friedman & Simon, L.L.P. for an Initial Consultation
If you have suffered an injury due to a slip-and-fall accident, contact the attorneys at Friedman & Simon, L.L.P. today. Do not hesitate to call, as the timeframe for filing a personal injury lawsuit and other claim time deadlines are limited. The attorneys at Friedman & Simon, L.L.P. are available to answer your questions, evaluate your case, and recommend the best course of action depending on the circumstances surrounding your accident. Call now for more information: 516 932 0400.

Question 24

Is Emotional Distress the Same as Pain and Suffering?

Accepted Answer

If you are involved in a car accident – even one that is minor – you could wind up suffering from emotional distress. Emotional distress most often occurs when the victim of an accident witnesses someone else suffer a traumatic injury or death or they themselves suffer a traumatic injury. If a doctor has diagnosed emotional distress as part of the injuries you suffered in the car accident, you might be able to recover compensation as part of the pain and suffering damages listed in any personal injury lawsuit you file against the negligent driver who caused the crash.
Defining Emotional Distress
For the most part, emotional distress falls under the umbrella of pain and suffering that you wind up suffering from a car accident. Emotional distress, as part of the damages from pain and suffering, occurs when the negligent actions of another person cause you to suffer some form of mental harm. Mental harm can include insomnia, anxiety, depression, anguish, torment, and humiliation. Emotional distress does not include headaches.
Proving Emotional Distress
When you decide to file an emotional distress claim following a New York car accident, establishing the following factors will play an important part in proving the claim:

Showing the court that your distress is not fleeting
Proving that the distress was caused by the actions of the defendant
Establishing that the distress has some form of significant medical impact on your life

There are five factors you and your attorney need to consider when building a claim for emotional distress, and they include the following:

The duration of your pain
The intensity of the distress you are suffering
Any related harm to your body
A note from your doctor about your psychological symptoms
The underlying cause of the pain

In New York, you will also be required to show that you suffered physical injuries in the car accident that are directly related to your emotional distress. Emotional distress is quite often categorized as pain and suffering, but it can also be labeled as the following when filing a claim:

Emotional distress inflicted negligently: The negligent actions of another person directly led to your emotional distress.
Loss of consortium: This occurs when the victim of a car accident loses out on the benefits of being married or being a parent because of someone else’s actions.
“Zone of Danger”: A form of claim that can be made for the trauma of witnessing death or serious harm to an immediate family member.

Supporting an Emotional Distress Claim
A great deal of evidential and documented support is needed in order to be successful with an emotional distress claim. The first step in building a claim is collecting all of the evidence that supports emotional distress. This can include medical records, reports from your treating physician(s) accident scene photos, videos and reports and any other document that can help support the merit of your claim. 
Calculating the Value of Your Emotional Distress
Emotional distress, much like the overall category of pain and suffering, is not easy to calculate because it is not a physical or visible injury like a broken bone that can be clearly seen on an x-ray box or a monetary loss that can be calculated, such as loss of income due to a disability. There are quite a few factors that play a role in calculating the value of your emotional distress claim. Some of these factors include:

If your testimony is credible.
If you were a sympathetic witness.
If your diagnosis, injuries and prognosis are clear to the jury.
If the testimony you provided was consistent.
If your doctor supports the claims of emotional distress.
If you have a criminal record.
Perhaps most importantly, the substance of your emotional distress claim. That is, the nature and extent of what you’ve experienced, how it has impacted your life and how it can be reasonably anticipated that it will impact your life in the future.

Contact a New York Personal Injury Attorney
If you or a loved one was injured in a car accident it’s important that you contact an experienced Long Island personal injury attorney at Friedman & Simon, L.L.P., today to discuss your case. Emotional distress, pain and suffering, and other psychological injuries deserve to be compensated just like your physical injuries after a car accident. Don’t miss out on the chance to file a claim. Speak to one of our experienced, dedicated, caring attorneys today: 516 932 0400.

Question 25

How Much Do You Get for Pain and Suffering in a Car Accident?

Accepted Answer

There is no exact formula or method of calculation to determine amounts recoverable for pain and suffering.  Insurance carriers and defense lawyers, as discussed below, try to utilize approaches that “crunch” numbers based upon specific computations.  We reject their minimizing “one size fits all” view of pain and suffering. We see each one of our accident injury clients as a unique individual, and we fight to win the best possible outcome for every client accordingly.
Because of the indefinite nature of expressing pain and suffering as a dollar amount, ultimately, the amount recovered for these damages may be closely tied to the experience and ability of the attorneys you choose to represent you. Knowing where to look for and how to find and gather evidence, and then how to analyze and present evidence in the strongest manner, are critically important traits of an effective car accident lawyer.  The car accident lawyers of Friedman & Simon, L.L.P. are proud of our track record in this regard. We invite you to call us now to review your car accident case for free: 516-932-0400.
Pain and suffering are experienced as the result of car accidents by millions of people every year. Car accident victims experience pain and suffering in addition to and, in large part, as a result of the physical injuries that leave fractures, herniations, burns, bruises, scars, or other visible deformities on the body. In part, what makes determining pain and suffering so challenging is that these are a form of injury that do not leave any visible signs on the body. With that being said, how much do you get for pain and suffering in a New York car accident? Aside from lost wages, medical expenses, and property damage; you can also make a claim for compensation for pain and suffering after being involved in a car accident, but what is the value of such a claim?
Car Insurance Company Will Pay the Least Amount Possible
Be prepared to fight with the car insurance company involved in the accident claim, whether it is your own or the insurance company of the other driver. Insurance companies will attempt to pay the least amount of money possible in a claim. Insurance companies will reach out to you with a settlement offer sometimes just days following the accident, and it will be for significantly less than what you truly should be paid for your pain and suffering. By offering a quick settlement right away, the insurance company is attempting to pay you in an effort to avoid paying for added expenses, or for the true value of your claim down the road.
Calculating Pain and Suffering
The easiest damage from a car accident to calculate is the expenses paid for your medical treatment. All you need to do is review the bills you’ve received from the doctor, the hospital, the ambulance company and the rehabilitation center. For you to be compensated for pain and suffering you will need to demonstrate that you suffered a physical injury in your New York car accident case. That is one reason why it’s extremely important for you to seek medical treatment following the accident.
Many people, even though they have been badly hurt and are in a great deal of pain, try to ignore the discomfort or even misery by simply carrying on with their lives. Perhaps they will give themselves a bit of rest in the hope that their pain will simply, “go away.” While this strong will may be admirable in some respects, in almost all cases the insurance carrier will try to use this against a claimant who, after seeing they were not getting better or, worse still, were feeling much worse, finally had treatment later rather than sooner.
Insurance carriers and defense lawyers will twist the claimant’s good faith reluctance to treat injuries to argue that the claimant was really not that badly injured initially and, after having time to consider a claim, concocted an exaggerated injury. In this way, good-faith claimants truly injured by the someone else’s negligence, are victimized again when their honesty is attacked so that the insurance carriers can avoid paying or save as much as possible on a claim.  For these reasons, thorough documentation of medical treatment can make all the difference when seeking damages for pain and suffering.
Using a Multiplier Method
It is widely believed that almost all car insurance companies use what’s known as the multiplier method when determining the pain and suffering amount for car accident victims in New York. While the exact formula used by individual insurance companies is proprietary information that they do not make publicly available, the multiplier method is generally understood as follows.  If you are injured in an accident and add up all of the bills you’ve incurred from the crash, including medical expenses, repair costs, and your lost wages. You then multiply that number by the “multiplier.”
Traditionally, many have thought the multiplier as being three times the sum of the damages mentioned. Car insurance companies believe that by multiplying (by three, if that is in fact the multiplier being utilized) it properly accounts for any pain and suffering you might have suffered as a result of the crash. The added money is supposed to cover your emotional distress from the crash and any future expenses, medical or other, that you might not know about right now. Of course, the multiplier method does recognize that settlements should be higher for severe injuries and lower for minor injuries.
The car accident lawyers at Friedman & Simon, L.L.P. reject the dogmatic, overly simplistic “Multiplier Method” as a fair method to calculate damages. Our vast experience has shown us that each case must be carefully considered and thoroughly understood to appreciate the experience of pain and suffering unique to any particular client.
For these reasons, we work to build the most compelling and persuasive arguments based upon the special circumstances of each client’s case.   
Daily Compensation
There are a few car insurance companies that compensate car accident victims using a daily rate. For example, if you were prescribed pain medication, you will receive a set amount of compensation for each day you are required to take the medication. The compensation will end once you have completed the prescription. You might also be compensated for each time you visit the doctor after the accident. So, if you visit once per week, you could receive weekly compensation from the insurance company for these visits.
As with the multiplier method, Friedman &Simon, L.L.P. also sees this approach as cold, insensitive, robotic and unfair.  While insurance carriers seek to settle for low amounts based upon algorithms that utilize methods such as the Multiplier Method or the Daily Compensation Method, we will never stop working to powerfully present the full scope and depth of human suffering, to obtain the best possible outcome for our clients.
Speak with an Attorney
If you or a loved one has suffered an injury in a car accident it’s important for you to speak with an experienced Long Island personal injury attorney at Friedman & Simon, L.L.P.  An attorney will be able to examine your accident, review your expenses, and advise as to how you can go about recovering compensation in a no-obligation case review and free consultation.  Call today at 516-932-0400.

Question 26

How Do Lawyers Calculate Pain and Suffering?

Accepted Answer

Defense lawyers, on behalf of insurance carriers as well as some lawyers for accident victims, use formulas that multiply the “hard” damage numbers, referred to as “specials” (special damages) such as medical expenses and lost earnings to arrive at a supposedly “fair” settlement figure for pain and suffering.
The personal injury lawyers at Friedman & Simon, L.L.P. take what we believe is a more realistic and just approach. We carefully study all the ways the accident impacted the life of the individual client. From the young parent who cannot care for or interact with his or her child as they could before the accident, to the retiree who has become a shut-in instead of enjoying the social life they had before they were injured, we look at every detail of how the accident injury changed our client’s life in a harmful way.  We gather the evidence, from accident reconstruction evidence to medical treatment evidence to financial impact evidence, to forcefully present the claim for pain & suffering and all other damages, in the strongest way possible. 
The dollar value of pain and suffering is difficult to calculate after any type of accident. Pain and suffering occurs after car accidents, slip and fall accidents, construction accidents, workplace accidents and many other types of accidents. This injury is difficult to diagnose and calculate damages because pain and suffering does not leave behind any physical or visible injuries. For example, victims with pain and suffering won’t have bruises, scars, bumps or other visible injuries to examine that indicate pain and suffering is taking place. So, how do lawyers calculate pain and suffering? It’s a question that should be answered in detail.
Encourage You to Seek Medical Care
An experienced personal injury attorney will encourage you to seek medical care following an accident for any symptom of pain, discomfort or lack of function you may be experiencing. If injured in any way, it is always in your best interest to seek medical evaluation. Pain can take days, weeks, or even months to fully express after an accident. Having a record that shows you went to the doctor as soon as practicable after suffering an injury will make the presentation of an injury you suffered more persuasive and effective when filing a claim for your injuries.
Review All Expenses from the Accident
The first thing a New York personal injury lawyer will do in order to calculate pain and suffering is to review all expenses stemming from the accident. Make sure you make copies of all your bills and invoices or save the originals to submit to your attorney. This will make it easier for your attorney to determine how much you have spent following the accident. Submit your doctor bills, hospital bills, insurance bills, ambulatory transport bills, car repair bills, lost wages and any other expense incurred by you from the accident that has left you injured.
Use a Multiplier
The insurance companies use what is called a multiplier when trying to calculate pain and suffering damages after an accident when a claim is filed. The insurance company will tally all of the expenses you’ve incurred from the accident, all of which were mentioned earlier. The insurance company will then multiply the total, often by three. This is what the insurance company believes is good enough to cover any pain and suffering caused by the accident. Since this multiplier is widely known, any personal injury attorney will be able to apply it to your case and come up with an estimate as to how much an insurance carrier may try to can be compensate you for your pain and suffering following an accident.
The Long Island personal injury lawyers at Friedman & Simon, L.L.P. reject this approach. It is a formula that lumps together all accident injury victims as if they are merchandise, failing to appreciate the human quality of the struggles and anguish they face after an accident. This is why we prepare cases thoroughly, arguing for the best possible settlement result or, in the appropriate circumstances, preparing cases to win at trial.
Use a Per Diem Fee
Your attorney might also discuss the possibility of a per diem payment from your insurance company. Some insurers prefer this payment method compared to the multiplier method, especially if you have been prescribed pain medication for your injuries. The insurance company will issue you a daily fee for each day you are taking pain medication. This fee will stop being issued when the medication period is complete. Or, if you have to visit the doctor weekly, the insurance company might issue a weekly payment. This can be difficult to calculate because insurance companies use various formulas to make the determination of value.
Our law firm views this per diem approach as we view the previously discussed multiplier method. It is a way that number crunchers and bean counters at insurance carriers and defense law firms try to transform you, your loved ones, your friends and neighbors – whose lives have been torn apart by someone’s reckless and careless behavior – into so many numbers to be crunched and figurative beans to be counted. We are always mindful of our clients’ humanity, the dignity they are entitled to and the full extent of compensation they deserve for having their lives shattered.
Other Factors to Consider
There are some other factors that must be taken into consideration when your lawyer is calculating your pain and suffering claim. These factors include the following:

If you have supplemental insurance coverage
The size of the insurance policy of the negligent person involved
Any and all unique circumstances related to your injury
How the injuries you suffered impact your daily activities and life in general
The severity and the extent of the injuries you suffered
The medical support for your injuries and pain and suffering

Our dedicated and compassionate Long Island personal injury attorneys will examine the accident that left you injured, evaluate your medical records, and target what our experience and extensive knowledge of New York personal injury law supports as the maximum recoverable pain and suffering settlement or award. Our goal is always to win the best possible money recovery for you.
Contact an Experienced Attorney Today
Were you injured in a car, motorcycle, workplace or slip and fall accident on Long Island or anywhere in New York? If so, it’s important for you to speak with an experienced attorney about your case. The sooner you speak with one of our attorneys, the sooner we can begin constructing a case for compensation against the person who was at-fault for the accident. Don’t try to fight for compensation without the help of an attorney, especially when you are dealing with physical and emotional injuries. Call now for a no-obligation case review and free consultation: 516-510-5566.

Question 27

What should you do immediately after a car accident?

Accepted Answer

Car accidents demand your immediate attention. No one wants to be involved in a car accident. Once an accident happens, you must respond in a timely fashion. The way you respond after an accident can make a great difference in how any injuries suffered resolve, and in the outcome of any legal claim for damages that is made. There are a few things that should be done right after an accident which will be discussed below.
Stop
When an accident happens the first thing to do is stop. New York law requires the exchange of information with the other parties to the accident. For minor accidents which may be obstructing traffic, it may be best to pull to the closest shoulder or safe place if possible. After you stop, the police should be contacted.
Call the Police
You can dial 911 and tell the dispatcher that an accident has occurred along with the location. One should provide essential information to let the them know exactly where you are. The police should be called to document the accident. You should get the police report number from the officer.
Exchange of Information
The conversation should be kept to a minimum. You do not want to admit any liability. The two (or more) drivers should exchange information. You want to get the driver’s name, address and phone number. The insurance information obtained should include the name of the insurance company, policy holder, and policy number.  You want to get a description of the car, license plate number, and vehicle identification number.
Details of Accident
The impact of a car accident can be jarring. One must make sure that all of the details of the accidents are obtained. One should be careful to be as detailed as possible in either writing or recording the accident. After an accident, you want to make sure of:

The exact location of accident (main street and any cross streets)
The date and time of accident
The direction you were traveling
The direction the other car was traveling
Any notable features (stop sign, red light)
Weather visibility
Any obstruction such as work crews, constructions or barriers
The number of passengers in both cars
Write down or record on your phone what happened
Write down any witnesses’ names and contact information
The name, badge number and contact information for any police officer

Take Pictures
Pictures tell the story of the accident. If safe and possible, take photos of all vehicles involved, showing license plate(s), damage, points of impact, position in roadway, damage caused to property other than cars, and views that show the roadway for perspective.
 Many cars now have “dashcams”, i.e. video cameras mounted on dashboards. Pictures reveal the truth of the accident and when available, videos are decisive. Our firm has handled cases, for example, where a “question of lights” i.e., both parties claim the green light was in their favor and the other party was at-fault in passing through a steady-red traffic signal, where a dash cam video captured the truth of what happened.
Seek Medical Treatment
Medical treatment should be sought right after an accident.  The best option is to go to the emergency room of a hospital as soon as possible if there is any pain, disturbance of usual function or other symptom(s). Documentation of your injuries are needed for the insurance adjuster.   You want to keep track of your medical treatment, medical expenses, time loss from work and how the accident has impacted your daily life. The value of your claim is dependent, in large part, upon the timeless of your medical needs and any special circumstances.
Reasons to Hire an Attorney
The number one reason to hire an attorney is to get the best possible money recovery, whether by negotiated settlement or, depending upon the unique circumstances of your case, a litigation that may lead to a trial before a judge and jury. Our attorneys are dedicated to achieving the maxim recovery. Our attorneys work on a contingency basis, and there are no out of pocket fees. This means our attorneys will not get paid unless and until there is a settlement or you are awarded damages.  Our attorneys are experienced, compassionate and dedicated to obtaining the best possible result for you.   Please give us a call today for a no-obligation case review and free consultation: 516-932-0400.

Question 28

How Long After A Car Accident Do You Have to Go to the Hospital?

Accepted Answer

There is no set rule governing how long you have to go to the hospital after an accident. There are various considerations to weigh in deciding if and when to obtain emergency medical treatment. 
By definition, no one knows when an accident will happen. When the injuries from an automobile accident are serious, immediate medical attention should be obtained. Delay in getting the proper medical treatment may put your overall health at risk.  Regardless of the type of accident, the consequences of injuries left untreated can snowball negatively over the long run, both medically and legally.
If there is a delay in the treatment, it may further add to your injuries. Even if you feel that you do not need medical treatment thinking the pain or other symptoms will subside or go away without treatment, you should still seek medical treatment as a precaution in such situations. Many times, the shock of the accident will mask the real pain, allowing the underlying injury to worsen if not treated. One should go to the emergency room, an urgent care facility, or to one’s own doctor to be examined as soon as possible. Such circumstances can truly be examples of “an ounce of prevention being worth a pound of cure."
Need for Medical Treatment
There is a dire need for medical treatment after an accident for every person injured that is experiencing any level of pain, lack of usual function, or other symptom(s).  One reason is that you do not want to jeopardize your health and should do everything to safeguard it. The second reason is the insurance companies will most likely try to characterize your claim as not being serious or legitimate if you do not seek treatment.
Your good faith intention of simply wanting to go on with your life, hoping the injury will resolve on its own, is likely to be twisted by the insurance carrier and defense lawyers for the at-fault party. They will most likely try to paint your actions as evidence that you were not hurt initially and that, after the passage of time, have now concocted a false claim. They will argue, “if he/she was truly hurt, they would have had medical attention immediately.” This is in keeping with the ultimate goal for many of insurance companies, which is to reduce claims as much as possible. If medical treatment is not sought immediately it may have an impact on the ultimate recovery in a claim for injuries should you choose to make one.  
While you may choose a course of post-acute care treatment at a multi-disciplinary medical facility (for example, an office experienced at treating accident injury victims that has an internist, orthopedist, neurologist, physical medicine doctor and other medical professionals) or with a chiropractor that may have an acupuncturist, physical therapist, massage therapist and other allied professionals on staff, it is probably best, initially, to present to a hospital emergency room or urgent care facility.
While you absolutely have the personal choice to select a medical clinic or chiropractor’s office medical clinics may be limited as to the services that they can provide and if you are in pain, chiropractors cannot prescribe medication. The emergency room in the hospital is often a trauma center so everything needed for optimal care is likely readily accessible. A hospital emergency room will meet the need for getting total medical care, which is clearly the best option. Urgent care facilities are probably the second best choice in terms of the comprehensiveness of diagnostic testing and treatment options available for acute care, with one’s own primary care physician being a third choice for post-accident injury emergency treatment.
Hospitals Are Probably the Best Choice for Treatment
Car accidents can inflict serious injuries from internal bleeding, fracture, or broken bones. Hospitals are probably the wisest choice if you are injured in a car accident. The primary reason why you should go to hospital is the expertise and quality of care that one can receive at the hospital. Hospitals have access to some of the best physicians, surgeons, labs, and medical supplies.  This is not to say that a clinic or chiropractor’s officer does not have an efficient staff, however. 
When your health is on the line, the quality of care will make a difference in your healing process. Additionally, while it may be unfair, insurance companies and defense counsel may argue for a lower value of the claim when the initial treatment is provided at somewhere other than a hospital emergency room, trying to cast the injuries as being of a lesser level of severity. By visiting a hospital, this should ensure that you have the best possible treatment. The best treatment choice may in turn impact the claim evaluation.
Claim Evaluation
The timing of your medical treatment will impact the claim evaluation by the insurance company. In a tech savvy world, insurance companies use software program to evaluate the claim. Using various algorithms, the software — based upon such factors as medical expenses, medically substantiated work disability, and extent of auto damage — generates a target settlement dollar figure for the carrier. Another significant factor in these calculations is the immediacy or delay of initial treatment.
If there is a delay in the treatment, this may impact the amount of a settlement offer. In order to get the best possible offer and do what is possible to have the claim considered with the seriousness it truly deserves, one should seek the best possible medical attention immediately after an accident being sure to report everything that hurts to medical treatment providers. 
Selection of an Attorney
Car accident injuries usually demand immediate medical care. Injured claimants are also well advised to consult with and retain an attorney to negotiate the claim with the at-fault party’s insurance company and, when indicated, litigate the case. You need someone who is relentless with the expertise in personal injury law to fight for your rights.
Insurance companies will do everything possible to pay very little or even nothing for the claim. Our attorneys have years of experience to make sure that you receive the best possible settlement. If a settlement agreement cannot be reached, depending upon the unique circumstances of your case, our attorneys will go to trial for you. Today is the best time to call for a no-obligation case review and free consultation Please give us a call at 516-932-0400. You will be glad you did.

Question 29

Where Can I Find a Building Accident Lawyer in New York?

Accepted Answer

If you sustained injuries in a New York building, the premises liability team at Friedman & Simon, L.L.P. will help you recover damages.
Since 1991, our attorneys have addressed the concerns of individuals who got hurt due to a New York property owner’s negligence. We will meet with you to discuss the details of your case, and if you hire us, we will not charge you any lawyer’s fees unless and until you receive compensation.
How Building Accidents Happen in New York
Some of the types of building accidents we commonly see in our practice include those caused by:

Spills and accumulated moisture
Insufficient lighting
Accumulated ice and snow
Unsecured cables
Missing handrails
Potholes and broken asphalt
Unmarked steps and curbs
Broken or improperly built / dangerous size steps
Loose rugs and mats
Sunken or cracked concrete

Our firm handles these types of building accidents and all types of accidents on a property that were caused by the owner’s or some other third party’s negligence. (For example, if an outside third party, such as a plumber, electrician, carpenter, etc., did work at the property and their negligence caused or contributed to the cause of injury to a person, that third party may be held liable as well.)
How Friedman & Simon, L.L.P. Will Work to Help Your Building Accident Case
Our firm commits to delivering consistent, high-quality services, as well as honest client service. Toward this end, our clients know they can expect us to always:

Keep them informed about the status of their cases
Identify who is at fault for their accidents and establish liability
Communicating with all parties and handling all other details of their cases
Identifying recoverable damages—physical, economic, and emotional—to determine their cases’ value

Determining Who is Liable for Your Building Accident in New York
When the owner of a building fails to maintain their property, to repair hazardous problem areas promptly, and/or to alert visitors of the danger, accidents happen, and the property owner can be held liable. They also should be held liable if they knew about the hazard or should have known about it but did not take the necessary actions to prevent people from being injured by it.
Establishing Liability for Your Building Accident Case
When our legal team embarks on the task of establishing liability, we will do so in accordance with the “Duty of Care” principle that judges and juries expect to see. We will prove each of the following four arguments to validate your case:

The property owner owed you a duty to take reasonable care to maintain their property for purposes of safety and to clearly alert occupants of existing or potential dangers.

The property owner breached this duty, through negligent, careless, wrongful, or reckless actions or inactions.

This negligence caused your building accident, which makes them liable for your damages.

You experienced physical, economic, and/or emotional damages.

Gathering Evidence to Substantiate our Claims
Our legal team will execute an exhaustive investigation of your accident, collecting evidence in many forms to support our arguments of fault, negligence, and liability.
A building accident lawyer in New York’s investigative efforts will include, depending upon the unique circumstances of your case,  taking some combination of the following actions:

Visiting the scene of your building accident to document evidence
Obtaining photos of the scene
Seeking video footage, perhaps from surveillance cameras
Interviewing witnesses
Reviewing the property’s safety and maintenance records
Gathering medical reports
Obtain wage statements from your employer
Enlisting the help of experts—economic, medical, occupational rehabilitation, and life-care planning

Recoverable Damages for a Building Accident in New York
While damages vary from one building accident case to the next, often the victims suffer serious injuries that necessitate medical treatment, ongoing care, and time away from work. This set of outcomes translates to a detailed list of potential types of damages you might recover in your claim. They include, but are not limited to, the following:

Ambulance transportation
Lab tests and medical imaging
Doctor’s care
Surgeon’s fees
Hospitalization
Prescription medications
Accessibility modifications to home/car
Medical devices
Lost wages
Lost benefits
Pain and suffering

If your injuries prevent you from returning to the job duties you once performed or that require ongoing care or future medical treatment, damage types will also include:

Costs of future medical care and treatment
Diminished future potential earnings
Diminished quality of life
Diminished earning capacity

In the unfortunate event that you have lost a loved one or family member as the result of injuries sustained in a building accident, you can pursue a wrongful death action. The legal team at Friedman & Simon, L.L.P. will discuss this course of action with you. Call us at 516-932-0400 for a free case review.
New York’s Statute of Limitations
The state of New York establishes a timeframe during which any legal action must be taken following a building accident. Cases are also characterized by a variety of other time-deadlines.  Our professional team will ensure your case is prosecuted in such a way that the statute of limitations and other deadlines are met in a timely manner.
Friedman & Simon, L.L.P.—Your Building Accident Lawyer in New York
Friedman & Simon, L.L.P. stands ready to fight for your right to receive compensation for the injuries you sustained in your New York building accident. Serving as building accident lawyers in New York, we are passionate advocates for the injured.
Call our office today at 516-932-0400 for a free, no-obligation consultation.

Question 30

Where Can I Find a Subway Accident Lawyer in New York?

Accepted Answer

Hiring a personal injury lawyer with experience handling New York subway accidents is an essential first step. And hiring the right lawyer is important to the outcome of your subway accident case. However, it can be difficult to find the right subway accident lawyer in New York.
However, you do not need to look very far. The legal team at Friedman & Simon, L.L.P. understands the unique issues involved in these cases, and we have an impressive track record of obtaining compensation for our clients. Our injury lawyers will fight tirelessly to obtain a settlement you deserve, or depending upon the unique circumstances of your case, take your case to court.  If so, we will build a robust case and fight for the best possible verdict.
Subway Injuries Can Include More Than Train Accidents
Subway accidents can involve more than getting hit by a train. People may be electrocuted after stumbling onto the tracks, break bones falling down slippery or uneven stairs, and even suffer traumatic brain injuries when they fall off the platform onto the tracks. Our team will handle all types of subway accident cases. 
Subway Accidents Are Often Complicated
The Metropolitan Transportation Authority (MTA) is responsible for New York’s subways. This also means it is liable for injuries resulting from its failure to provide safe services. Holding MTA liable is difficult for the average person with no experience handling legal matters.
However, MTA is not the only possible at-fault party in subway accidents. If, for example, there is a design defect in a newly-installed staircase, and someone is injured in a fall, the design firm could be liable.
You can sue if you were involved in a subway accident. However, these cases are often quite complicated. Fortunately, you do not need to handle your case alone. Discuss your case with a personal injury lawyer in New York at Friedman & Simon, L.L.P.
The initial consultation is free and you pay nothing unless and until we recover compensation for you.
How a New York Subway Accident Lawyer Can Help
At Friedman & Simon, L.L.P. we understand the complexities of cases involving the MTA. We will thoroughly investigate your case to ensure that all at-fault parties are held accountable. Our compassionate, knowledgeable legal team has an impressive track record of obtaining compensation for our clients, and our multilingual staff can communicate with you in English, Tamil, Spanish, Bengali, Greek, and Kannada. 
Friedman & Simon was able to recover $10,306,000 through a verdict for a 49-year-old Brooklyn man who suffered multiple fractures and a right leg below the knee amputation as a result of a train driver's failure to avoid him after a fall to the tracks.
At Friedman & Simon, L.L.P., before we move forward with any legal strategy, we will ensure that you fully understand your rights and options. Our attorneys will position you for the best possible outcome so that you can receive the compensation you deserve in a timely manner. Right now, all you should be focused on is healing.
Use Our Experience and Knowledge to Build a Strong Case
Friedman & Simon, L.L.P. has been handling injury cases since 1991. We use our experience and the knowledge we have gained over the years to build the strongest case possible for you.
Determine Liability
When a subway accident occurs—whether it’s due to a malfunctioning train, poorly-designed platform, or slippery steps—determining the at-fault party can be a complicated matter. This is why it is so important to have a subway accident attorney by your side.
Keep You Updated on Your Case’s Progress
Injury cases can take months or even years to either settle or be decided in court. Our team will keep you updated on all the important milestones in your case, ensuring you never feel as though you are in the dark.
Meet All Deadlines
Filing a case against a government agency like MTA means there are shorter deadlines than in cases against private entities. Our team is aware of every deadline we must meet and will ensure we manage your case efficiently to meet these deadlines.
Call Friedman & Simon, L.L.P. Today
In New York, you have a limited amount of time to bring a lawsuit against the party or parties responsible for your subway accident. Don’t miss an important deadline or make it difficult to obtain necessary evidence by waiting too long to consult with an attorney. If you fail to file within the time limit, you may be unable to recover compensation for your injuries and other losses.
At Friedman & Simon, L.L.P. a subway accident lawyer in New York will fight to get you the maximum compensation you deserve. Call us today at 516-932-0400 for a free and confidential consultation about your case.

Question 31

What to Look For In a Car Accident Lawyer

Accepted Answer

The particular combination of qualities that will be most important to you in selecting a car accident lawyer is something only you can decide. In making your decision, you may wish to consider the following:

Competence: Does the lawyer have an in-depth knowledge of this area of law? Does the lawyer have a general practice or concentrate in the specific practice area of personal injury law? How long has the lawyer been handling these types of cases? What is the lawyer’s reputation? What do former clients have to say about their experience in online reviews? What results has the lawyer achieved in the cases handled?
Professionalism and “the human factor”: When you call or visit the lawyer, how are you treated? Are you listened to? Are you treated with the compassion, dignity and respect to which you are entitled?

The right balance of these qualities is critically important. Competence is important because you want the best possible case result. Professionalism and “the human factor” are important because cases may take a fair amount of time, you will have a working relationship with the lawyer and the firm’s staff and getting along well should be a given, not something to struggle for. Moreover, as you are recovering from your injuries, attending treatment and rebuilding your life, your lawyer should be alleviating you of stress, not adding stress to your life just by the manner of interaction you have with the lawyer and his or her staff.
Car accidents happen every day. That is an unfortunate truth of our daily commute and other driving activity. The frequency of car accidents is due to the sheer number of cars on the road, the design and condition of the roadways, congestion and traffic, and issues surrounding driver skill and driver distraction. No matter what the contributing factors were, if you have been injured in a car accident, understand that the lawyer you choose ultimately affects your recovery. To put it simply, choosing the right lawyer can help you to maximize your claim and smooth the path to your post-accident recovery overall.
Do I Need an Attorney?
For someone who has suffered a serious or catastrophic injury, it is our opinion that the answer is a most definite yes. A knowledgeable, experienced and dedicated personal injury lawyer can make a tremendous difference in the how the case is handled and, in turn, the ultimate outcome. The outcome of the case may make a tremendous difference in the accident-injury victim’s quality of life for the rest of their life. Treating this as a casual matter, a “do it yourself” project to learn “on the fly”, could have disastrous consequences that literally could make a terrible situation even worse.  
Let’s take a look at pre-litigation and post-litigation scenarios.
In a pre-litigation scenario, a claim for personal injuries is filed directly through the insurance company. The insurance company assigns the claim a claim number and a claim handler. The claim handler is a trained and experienced representative of the insurance company who has one job: to evaluate the claim and seek the lowest possible settlement for the insurer.
An attorney is critical here. If you were to handle your claim alone, you might omit information that could strengthen your case or think that the first offer was the last offer. Not infrequently, the initial offers from the insurance company represent only a fraction of what the claim is actually worth. A skilled attorney can speak to the insurance claims representative on your behalf, prepare a package that explains and outlines the medical records that support your claim, argue the issues of fault and comparative liability on your behalf and work and press to obtain a settlement that is favorable to you.
If negotiating with the insurance company does not result in a favorable settlement, filing a lawsuit may be necessary. Lawsuits in New York can be very complicated, beginning with the Statute of Limitations. This statute, which varies depending upon the type of claim filed, requires that personal injury claims be filed in the courts in a timely manner.  Failure to file the lawsuit within this strict time period will result in the claim being time barred. Attorneys at Friedman & Simon are familiar with the Statute of Limitations and can assist you with filing and serving the Summons and Complaint, the documents that initiate a law suit, within the required time period.
After the complaint is filed, the insurer will assign the lawsuit to a defense attorney. This attorney is hired to defend the lawsuit and minimize the ultimate payout on the claim. Then, the lawsuit goes through specific stages. Each step in the litigation process is important and must be addressed with accuracy and precision with respect to legal requirements and case strategy. We believe that every step in a litigation must be viewed from the perspective that we are preparing to win the case at trial. By being ready to win at trial we will be in the strongest position to potentially settle the case favorably without trial.  
Given the complexities of both the claim and litigation processes, we believe, as stated above, that accident injury victims are best served by retaining the services of an experienced, dedicated personal injury lawyer.
Contact Friedman & Simon, L.L.P. Today
If you or someone you know has been hurt in a car accident, speak to one of our personal injury attorneys today. Our attorneys are available and can answer your questions and provide a free initial case consultation without any obligation on your part. The court system is complicated. You need to focus on medical treatment for your accident-injuries and rebuilding your life. Let an experienced, dedicated personal injury lawyer represent you, advocate on your behalf and work to get you the best possible money recovery. Call now to discuss your claim at 516 932 0400.

Question 32

Should I See a Doctor After a Car Accident?

Accepted Answer

Yes, if you have suffered any level of injury in a car accident you should see a doctor as soon as possible. We understand the emotional turmoil that follows an accident may lead you to postpone the very important self-care of obtaining medical treatment. Many drivers and passengers and even pedestrians and bicyclists involved in a car accident refuse medical evaluation at the scene of the accident by responding EMTs.
These injured people refuse to go to the hospital emergency room because they unrealistically make a self-assessment that minimizes their level of injury. “Yes, I am hurt, but it will go away,” or “I don’t have time,” or “I just don’t want to deal with this right now,” are some of the thoughts they have.  In our more than 25 years of experience fighting for the rights of car accident victims, we have seen time after time that delayed onset or intensification/worsening of pain is an all-too-real result of many accidents. Therefore, it is worth repeating: if you have suffered any level of injury in a car accident you should see a doctor as soon as possible.
Be Proactive with Injuries for Medical Reasons – Please Take Care of Yourself
One of the most important reasons you should see a doctor after a car accident is to be proactive with injury symptoms, including  pain and lack of mobility, that have not yet reached the highest levels of severity. Delayed onset of pain, immobility or other functional impairments are real and affect many people following even car accidents with relatively minor levels of auto body damage. The chemicals in your body can easily and frequently do hide pain for some period of time after the accident. It is possible that pain and lack of function will not be fully experienced until days, weeks, or even months after the accident. For this reason alone, you need to see a doctor after a car accident.
Medical Records are Vital for a Personal Injury Claim and Lawsuit
As any experienced New York personal injury attorney will tell you, the importance of medical records to any claim or lawsuit cannot be overstated. This cannot be stressed enough. If you want to file a claim or lawsuit against the drivers who caused the accident that left you injured, having medical records that can be submitted as evidence is a critically important aspect of your case. The only way to acquire medical records related to your car accident injury is by seeking medical treatment after the accident.
This is not the time to quietly carry your pain. You must report about anything and everything that is hurting you or any function of your body that has changed since the accident. Your doctor(s) may prescribe testing to confirm or rule out a diagnosis and will use your examination and test results to develop a treatment plan.  This medical examination, testing and treatment documentation is the framework upon which your claim for damages is built.
An Otherwise Valid Claim or Lawsuit Can Become Compromised by a Lack of Treatment
The lack of medical treatment on your part after a car accident can compromise your legal claim against the negligent driver. One goal of the at-fault party’s insurance company is to pay as little money as possible for accident claims or deny them altogether. They will try to use this against you if you wait too long to seek medical evaluation or fail to see the doctor after the crash. This is so even if you have acted completely in good faith thinking, as mentioned above, “Yes, I am hurt, but it will go away,” or “I don’t have time,” or “I just don’t want to deal with this right now.” Insurance companies follow standards when evaluating claims and one of those standards is how quickly you sought out medical care following a car accident.
The longer you wait to see a doctor after a crash, the likelier it is that the insurance company will deny your claim because they will try to twist your good faith to appear as if you are exaggerating or faking the injury.  They will argue, “If he/she was so badly hurt, why didn’t he/she have medical treatment as soon as possible?” Your good faith delay of hoping your symptoms will resolve favorably without treatment may be maligned by an insurance carrier or defense lawyers implying you have concocted a dishonest scheme during the period of non-treatment.
What Can a Doctor Do for My Car Accident Injuries?
This is a question many car accident victims ask, and the answer will vary depending on the type of crash, the severity of the collision, and the seriousness of the injuries you suffered. One of the most common car accident injuries is that of whiplash, which can occur in any type of accident, including what is, sadly, too often dismissed as a “minor” fender bender. Whiplash injuries can be terribly painful and totally disabling.   A doctor may consider the following for your whiplash injuries:

Prescribe physical therapy
Show you stretches and strengthening exercises
Prescribe massage therapy
Prescribe pain medication
Give you a neck brace
Send you to a chiropractor
Provide you with an epidural or cortisone shot to help reduce the pain

Legal Steps to Take After a Car Accident
Along with consulting with a medical doctor as soon as possible after suffering a car accident injury, it is also recommended that you schedule a free consultation with a New York personal injury attorney at Friedman & Simon, L.L.P.  as soon as possible too. Even if you did not suffer a visible injury, you should speak to one of our experienced, compassionate and dedicated attorneys about the accident. Please protect your rights. Take the first step toward taking good care of yourself by calling us today at 516 932 0400.

Question 33

Will You Lend Me Money?

Accepted Answer

If you have experienced an injury due to someone else’s negligence, the stress of dealing with finances can make the situation all the more difficult. It may even cause you to approach your lawyer for a loan to help with your personal injury case, and you will be happy to know that you can hire a New York personal injury lawyer for your case with no up-front payment. 
While plaintiff personal injury law firms can and do work tirelessly without payment until the conclusion of the case and are paid only if there is a successful outcome, as discussed below, law firms are not allowed to advance loans to clients. Any lawyer or law firm that does so is committing an impermissible act, prohibited by the rules that govern attorney conduct in New York State.
Contingency Fees
In New York personal injury firms, lawyers who offer plaintiff-side legal representation make it easier for victims to fight for compensation. These lawyers work for a contingency fee that allows clients to pay nothing up front. After the settlement, they take a predetermined percentage from the compensation amount. However, this fee is contingent on the lawyer achieving a positive outcome.
For example, if the lawyer wins a money recovery for the client a fee equal to one third (33.3 percent) of the settlement, verdict or award is due to the plaintiff’s lawyer. If the lawyer, for whatever reason, is unable to win a money recovery for the client, then no fee is owed. In such a case, the client does not have to pay anything at all to the lawyer, ever. 
No Money Up-Front
Since lawyers work for a contingency fee, they do not require any money up-front. Although it is important to remember that every case is unique and lawyers can never guarantee a positive outcome, an experienced and dedicated firm with integrity will fight vehemently to win.
In addition to a strong spirit of professionalism as well as commitment to the client and to the ideals of justice, the firm is also motivated to win from a business perspective, as their compensation hinges on winning the case. In this way, the contingency fee of personal injury law reinforces a client’s confidence that he or she and their lawyer are united in interest. Both client and lawyer want the best possible outcome, which means the greatest possible money recovery.
Cost of New York Personal Injury Cases
When a victim hires a lawyer to fight for compensation on a contingency basis, there are various costs that arise during the case.
These costs include:

Police reports
Medical records
Filing fees
Expert witness fees
Trial exhibits
Investigators

The client will not have to advance any of these costs.  There are no out-of-pocket charges to the client. These costs, like the legal fee, are due only if and when the lawyer produces a successful case outcome by winning a money recovery for the client.
Borrowing Money for Lender Firms
Because law firms are forbidden from loaning clients money, an industry has developed that markets specifically to plaintiffs with pending personal injury cases. To circumvent New York’s usury laws these fundings are not technically “loans” and are generally referred to as “advances.” (“Usury laws” prohibit charging above a set interest rate for loans.)
Typically, it is understood to be “a contingent interest in the potential post-judgment proceeds of the plaintiff’s case.” It is also called “non-recourse funding.” While the borrower of a “loan” is obligated to re-pay, no matter what happens, which triggers the usury laws, case funding must only be re-paid if the plaintiff wins a money recovery.  The funding company has “no recourse” against the person who receives the funding if the personal injury case is unsuccessful.  This contingent character of the transaction removes it from the application of usury laws, enabling these companies to charge very high interest rates. This distinction between a “loan” and the “transfer of an interest in the case” is the foundation upon which the case-funding industry is built.
Plaintiffs must decide if their need for the funds are so great that they are willing to pay back the advance together with a significant amount of interest at the conclusion of the case, the date of which is likely uncertain.
Sometimes such funding is truly a rescue (e.g., in the event of a looming eviction or foreclosure, for example). Sometimes, it can so significantly reduce the end-of-case net amount to the plaintiff that it compromises the ability to settle the case for what might otherwise be an excellent settlement. Our firm will be happy to review the various considerations around case funding with you and help you make the decision that is in your best interest.
Contact a Personal Injury Lawyer
If you were injured in New York due to another person’s negligence and require legal help, contact a personal injury attorney as soon as possible to discuss your options. Regardless of the exact nature of your injury, our team can start piecing together your case and does not require payment unless we win a money recovery for you. Call now for a free case review and no-obligation consultation at (516) 932-0400.

Question 34

What If My Injuries Never Fully Heal?

Accepted Answer

In the context of a personal injury claim or lawsuit, injuries that will never fully heal should support a significantly greater potential case value than similar injuries that do heal. Many specific factors should be taken into consideration to determine this potential case value. What, in as much detail as can be determined, are the consequences of the injury not healing? Disability from employment? If so, is there full or partial disability? What is the economic impact of such disability in terms of lost earnings and benefits? Is future treatment, including potential future surgeries, anticipated? How has the injured person’s quality of life been affected, and how will it be affected in the future? These are some of the questions that must be asked and answered in an accident injury case involving an injury that will never fully heal.
Many personal injury cases involve life-changing damages that will never fully heal. Although this is a stressful thing to hear from a doctor, with the help of one of our experienced personal injury lawyers you can fight for the compensation you deserve. If you or a loved one is experiencing a severe injury that you were told may never heal, contact a New York personal injury lawyers at our firm today to determine the best way to begin the case process and move forward.
New York State Serious Injury Threshold
Although New York is a no-fault state, meaning that car accident victims first turn to their automobile insurer for compensation, severe injuries often call for money recoveries beyond the benefits provided under no-fault.   Pursuant to New York Consolidated Laws, Insurance Law - ISC § 5102(d). This law states that individuals involved in a car accident that suffer injuries deemed serious can file a lawsuit for compensation against the at-fault party. Victims that have an injury that will never heal typically meet these requirements, which deems them worthy of compensation.
Specifically, a serious injury is one of the following:

Death
Significant disfigurement
Loss of a fetus
Fracture
A permanent consequential limitation of use of a body member or organ
A permanent loss of use of a body member, organ, system, or function
A significant limitation of use of a body system or function
A permanent consequential limitation to body member or organ
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”

Disputes Regarding Permanent Injuries
Although a permanent injury might sound easy to determine, disputes are not uncommon Such disputes arise between lawyers, insurance companies, treating doctors and doctors retained as expert witnesses in the defense of a lawsuit, especially with the final three categories on the aforementioned list. For example, muscle strains, herniated disks, and other soft tissue injuries can qualify as a serious injury and at times never heal, even though they are not specifically referenced in New York law. Due to the variation in the severity of such injuries, it is important for victims to contact a personal injury attorney to determine if their injuries are classified as severe.
Grave Injuries While In The Course of Employment
If an individual is injured on the job in New York in a way that will never fully heal, it may be classified as a grave injury. As per N.Y. Workers’ Compensation Law § 11, grave injuries are those that cause death; permanent loss of use or amputation of a leg, arm, hand, or foot; paraplegia or quadriplegia; and other serious injuries. In these cases, the victim can file a lawsuit against a third-party who caused the damage, and this third-party can in turn ask their employer to pay a portion of the settlement if they share liability. The reason the employer can be asked, or pressured, to contribute to a settlement when a grave injury is involved is because in these cases, the employer may be compelled to pay if the case is ultimately resolved by a court trial. 
Compensation Caps
New York is one of the only states that does not place any limits on compensation for personal injury cases, as per N.Y. Insurance Law § 5101. In the case of severe injuries that never fully heal, this means that victims can ask for compensation for the various damages stemming from their permanent injury.
These damages include:

Loss of enjoyment of life
Emotional distress
Lost wages (past and future)
Medical bills (current and projected)
Scarring or disfigurement

New York Shared Fault Laws
Since New York is a pure comparative negligence state, compensation for severe injuries is adjusted according to fault as per N.Y. Civil Practice Law & Rules § 1411. For example, an amputee might ask for $500,000 for current and future medical bills as well as disfigurement, but if they are deemed 20 percent responsible for their injury, they will only receive $400,000.  This approach to damages is consistent with the idea that a responsible party should only be liable to the extent that their negligence was the cause of the plaintiff’s injury.
Fighting for Permanent Injury Compensation
If you or a loved one experienced a severe, permanent injury, contact a New York personal injury attorney as soon as possible to determine how much you are entitled to for your suffering. Although the stress of a permanent injury can be debilitating, fighting for compensation can be a positive step forward from your suffering. No matter how you may have been injured, you can have your questions answered and concerns addressed now. Call our office for a free consultation and no-obligation case review at (516) 932-0400.

Question 35

What Is a Lien on a New York Personal Injury Case?

Accepted Answer

A lien may be described as a right to claim against specific property or funds as security for a debt. If you have been injured in a New York personal injury case and received medical treatment, you may need to satisfy specific liens at the conclusion of your case before money recovered in a settlement, verdict or award is paid out to you. Medicare, some private health insurers, and state agencies that administer Medicaid benefits are legally entitled to reimbursement per New York Consolidated Laws, Lien Law - LIE §189.
Ultimately, a lien is a means for them to protect this right. One of the many reasons you should contact an experienced, dedicated personal injury lawyer as soon as possible after an accident is to protect as much of the money recovery of your case from the claims of lienholders as possible. With professional guidance, you can determine how much you may owe and maximize your net money recovery from any compensation you receive.
Liens on Settlement Money
General Obligations Law §5-335 was introduced to prevent health insurance companies from recovering money from settling parties, meaning the plaintiff and defendant in a lawsuit or the releasee and releasor in a settled claim. However, this law does not extend to other medical care providers in tort actions, including no-fault recovery cases, as well as Federal, Medicaid, Medicare and non-self-funded ERISA recovery cases.
Who Else Is Not Entitled to a Lien?
Recent Federal Court of Appeals rulings and New York law only allow specific benefit plans to be entitled to repayment from personal injury case proceeds. Other select plans under Federal employee benefits statute (ERISA) are not entitled, which is why is it essential to enlist the help of a New York personal injury attorney familiar with such laws to navigate this complex area of law on your behalf.
Ignoring Liens
In no situation should an individual ignore a lien. Doing so is equivalent to refusing to pay what is legally owed and can result in a lawsuit against the victim and their lawyer. Not only that, it can harm future Medicare, Medicaid benefits, and health insurance. By speaking to an attorney, the plaintiff can determine any liens against them and include them in all compensation calculations related to the case.
Negotiating a Lien
Although liens can take a significant amount from a plaintiff’s final compensation, there is, depending upon the specifics of the case and the type of lien, room for negotiation. With the help of an attorney, victims of personal injury cases may be able to have the lien holder reduce the amount of money that they will accept in satisfaction of the lien.
Dealing with a Personal Injury Lien
The first step in the process of obtaining compensation for an accident injury should be contacting a New York personal injury attorney as soon as possible. By determining the nature of the claims against you and consulting an attorney, you can make sure you get as much compensation as possible while minimizing liens as much as possible. Although personal injury cases can be difficult, the help of a compassionate, experienced, dedicated professional can make all the difference. Call our office now for a free case review and no-obligation consultation at (516) 932-0400.

Question 36

How Long Do I Have to File a Lawsuit or Bring a Claim for My Injuries?

Accepted Answer

The limited length of time that an injured person has to file a lawsuit depends upon a number of factors including the identity of the at-fault party. For example, in the State of New York, a lawsuit against a private person can generally be initiated for up to three years from the date of accident, while a lawsuit against a municipal entity must be commenced within one year and ninety days from the accident. 
Even these time limitations may be subject to various exceptions which lengthen the time within which the appropriate steps must be taken. Some of these considerations will be elaborated on below, but the critical take-away message if you are asking “how long do I have?” is it is best to have a free consultation with an experienced personal injury lawyer to analyze your situation as soon as possible.  While there are various rules as to the lengths of time within which to act, the application of these rules can vary greatly depending upon the circumstances of your case. Your case is too important to leave only to the results of a Google search and a best-guess as to application, especially when a no-charge, no-obligation with a knowledgeable lawyer is readily available. 
Suffering an injury in any type of accident (construction, slip and fall, car, motorcycle or premises liability, for example) should not mean that you have to fend for yourself when it comes to paying your medical and other expenses. Many accidents that happens are due to someone else’s fault.  Negligence, or a failure to exercise a reasonable level of care under the circumstances, is very often the cause of an accident and the injuries that result. When you have been the victim of an accident it’s important for you to consider all your options for recovering compensation. This may be accomplished by making a claim or by filing a lawsuit.
What Are The Most Important Time Limits That An Accident Injury Victim in New York Should Know?
If you have been injured in any type of accident in New York it is important for you to know that various time deadlines apply to your case. If you miss an important deadline it can destroy your case. The general rule for those injured in accidents in New York is that claimants have three years from the date of the accident that caused the injury to start a lawsuit.
Under Section 214 of the New York Civil Practice Law & Rules, a victim looking to make an action to recover damages must do so within three years. Cases involving municipalities have a shorter time limit of one year and ninety days from the date of accident, but also require the filing of a Notice of Claim within 90 days of the accident.
Once a lawsuit is commenced, there are numerous other time deadlines that arise that can affect your case. Because there are a number of time limits that may apply to a case and the applicability depends upon various circumstances, accident injury victims are best served by consulting with and retaining an experienced and dedicated personal injury lawyer as soon as possible after an accident. 
It is best for you, as an accident injury victim, to turn your full attention to your medical treatment, recovery and restoring your quality of life.  When you retain the services of an experienced personal injury lawyer, you can let go of any anxiety about case deadlines as you focus on healing.
I Missed the Deadline to File - What Happens to My Claim?
Did you miss the statute of limitations to file a personal injury lawsuit? There are some exceptions to the statute of limitations for filing a personal injury lawsuit in New York and these exceptions could extend your deadline to file. 
These exceptions are referred to as “tolls."  If the Statute of Limitations is thought of as a stopwatch with a limited time to run until time expires, the tolls “stop the clock” for a period of time, extending the overall time to file a lawsuit.  One of our firm’s personal injury lawyers will be happy to discuss if any of these tolls may apply to your situation.  It is best not to delay any longer and call right away for a no-obligation case review.
Exceptions to the Time Limit of the Statute of Limitations
The exceptions to the time limit for filing a personal injury lawsuit in New York include the following:

The plaintiff, or victim, is under the age of 18
The plaintiff is disabled
The plaintiff is not considered to be of sound mind
The defendant left the state for four or more months before the lawsuit was filed
The defendant lives in New York but does so under a false name

The statute of limitations for someone under the age of 18 will not begin until the plaintiff reaches legal age. The same goes if the plaintiff has a legal disability. The time period does begin until the legal disability has been lifted or the plaintiff has been deemed to be of sound mind. The time limit will not include the four or more months the defendant was out of the state, extending the statute of limitations. These exceptions are covered under Sections 207 and 208 of the New York Civil Practice Law & Rules.
When to Speak to an Attorney
The best time to speak to a New York personal injury attorney is as soon as you are able to after the accident. Of course, you can talk to an attorney at any point after an accident, even days or weeks later.
Just make sure you don’t wait so long that there isn’t enough time to properly put together your claim and file it with the court before the statute of limitations expires. You need to give the attorney enough time to investigate the accident that left you injured, review your medical records, speak to your doctor, interview witnesses, talk to the police, obtain the police report and secure expert witnesses for your potential trial.
The sooner you contact us, the greater our opportunity to build the strongest case possible for you. You can reach us by calling 516-932-0400.

Question 37

What Causes Neck and Lower Back Pain After An Accident?

Accepted Answer

The tremendous physical forces of rapid acceleration and sudden deceleration, as well as impact within the passenger compartment of a car — even in low-speed impacts — frequently stress the neuromuscular and skeletal systems of the body to such a degree that pain and injury result.
Anyone can be the victim of an accident. An accident may occur even to the most competent driver. Many times, accidents are the results of someone hitting you or sometimes it is the attempt to avoid an accident. The actual impact of the car and force may be detrimental to your body.
Seat belts are great for assisting in bracing the impact. The reality is that the strong force of another car or object is very likely to affect your body. Large and even seemingly “minor” accidents, in terms of the speed of the vehicles, the force of the impact or the extent of the damage, can cause some type of injury. The most common injury is to the neck or back.
Common Types of Neck and Back Pain
Neck and lower back pain are the most common after an accident. Generally, this type of pain is known as “whiplash.” The severity of the whiplash can impact one’s total bodily functions. The spine is jarred because of the jerking motion. Frequently, automobile injuries consist of lacerations, fractures, and bruises. Those injuries are typically visible or can be diagnosed at the time of the accident, (for example, a fracture or broken bone may require an x-ray), whereas whiplash or neck and back injuries may time some period of time to be felt. Such whiplash and neck and back injuries may take time depending on the force of impact of the accident and other variables. The primary injury to the spine is normally the facet joint and disc injuries.
Type of Injury to the Lower Back
The primary injury to the lower back is to the spine. Injury to the lower back may consist of excruciating and debilitating pain. Recovery time varies greatly, depending, for example, upon the individual involved and the specifics of the injury. The spine consists of three major components which are: cervical vertebrae (neck), thoracic vertebrae (upper back), and lumbar vertebrae (lower back). Injuries to the spine can involve muscles, tendons, discs, nerves and ligaments that were in some manner harmed as a result of the forces generated in the accident.
Lumbar Spine
Lower back pain is associated with the lumbar spine. Injury to this part of the body may restrict your movement and may present with bruising, swelling, and tenderness. Most accident victims who experience injury to the lumbar spine suffer a significant reduction in their quality of life as they attempt to perform daily activities.
Herniated Discs
Herniated discs are frequently suffered by accidents victims. Discs are essential in acting as cushions that separate the vertebrae and protect the spine. A disc that displaces may be referred to as a herniated disc. The impact of the herniated discs places undue pressure on the spine and surrounding nerves. The pain caused by herniated discs consists of intense pain in the lower back that may be accompanied by numbness in legs.
Treatment Types for Lower Back Pain
There are various treatments that may be applied depending on the nature of the accident. The speed and force of the accident will dictate the degree to which various treatment plans will occur. The type of treatment will vary along with the extent of damage from the accident. The list below provides some general treatment for either the neck or lower back.

Medication
Physical therapy
Chiropractic
Acupuncture
Strengthening Exercise
Surgery

Surgical Relief
The pain of an accident can be severe. The severity of the impact can cause permanent injuries that may require surgery for either the neck or back. Surgery is dependent upon the nature and extent of your injury. There are several types of surgery for neck and lower back pain which consist of the following:

Spinal laminectomy
Foraminotomy
Vertebroplasty and kyphoplasty
Spinal fusion
Artificial disc replacement

Need for Personal Injury Attorney
Our attorneys limit our practice to cases involving personal injuries. We understand the pain and agony of dealing with an accident. We are dedicated to our clients, and our goal is to provide the best legal representation. It is our goal to service our clients with zeal while being attentive to their needs. The mission of our law firm is to achieve the best possible resolution for the injured client. The best time to contact us is now. Please give us a call today at (516) 932 0400 for a free consultation.

Question 38

When Should I Contact an Attorney If I Am Involved in a Car Accident?

Accepted Answer

If you or a loved one was injured in a car accident, it is crucial to contact a New York personal injury attorney as soon as possible. A car accident is a stressful experience, between the immediate physical and emotional distress and legal issues that come after the crash, the situation can quickly feel overwhelming. A dedicated and caring New York car accident lawyer, using their experience and legal insight, can determine the best path forward.
There are a great many legal issues that can arise that are best addressed by an experienced personal injury lawyer. A handful of such issues are discussed below. Remember, the sooner you contact a personal injury lawyer at our firm, the greater our opportunity to build the strongest case possible for you
New York Car Accident Laws
New York is a no-fault state, which means individuals injured in a car accident must contact their own car insurance company regarding compensation for accident related medical treatment expenses and loss of income due to work disability caused by the accident, regardless of who is at fault. Injured persons must file a claim for no-fault benefits (Form NF-2) with their own car insurance company within thirty (30) days of the car accident to avoid losing the right to these no-fault benefits. 
New York Shared Fault Law
If an injured individual meets the prerequisites with respect to injury severity to file a claim against the at-fault driver, they must be able to prove that the accident was the defendant's fault in court. In situations where the plaintiff is found to be partially at fault, any compensation for their injuries is reduced according to their percentage of fault, as per New York Civil Practice Law & Rules § 1411. For example, if the victim’s claim for injuries is evaluated by a jury to be $400,000 but is found to be 25 percent at fault, they will only receive $100,000. Therefore, being represented by a skilled personal injury lawyer can make a tremendous difference as to the presentation of the case with respect to comparative liability potentially reducing the amount of the money recovery.
Bad-Faith Insurance Companies
Insurance companies in New York have a duty to act in good faith. Under certain circumstances, the refusal of an insurance company to offer a settlement within their policy limits can constitute bad faith, which can result in that insurance company being obligated to pay the full amount of damages awarded to the injury victim, even if that amount exceeds the insurance company’s policy limit. An experienced personal injury lawyer will be familiar with bad faith claims and will use that familiarity to protect the rights of the injured client.
Statute of Limitations
All civil cases in general and personal injury cases in particular are governed by statutes of limitation. These statutes set forth the amount of time from the date of their accident that an accident injury victim can file a lawsuit in court. If they do not file within this period, they lose their right to compensation. Additionally, claims and lawsuits are governed by other time-deadlines which can affect the case outcome. Since time is limited, it is important to contact a personal injury lawyer as soon as possible following the accident to make sure that deadlines are met and that all appropriate actions are taken in a timely manner.
Crafting a Case
After contacting an attorney, the claimant will be asked for such information as a recollection of the accident, as well as the circumstances preceding and following the event and a description of the injuries suffered and the medical treatment obtained. An experienced personal injury lawyer will know what evidence to obtain to present the case in the best light possible for the injury victim and the best way to obtain such evidence. 
Filing a Claim Against a Government Employee or Agency
A car accident that was the result of the negligence of an employee or agency of the government — for example, if the offending vehicle was owned by the City of New York and operated by one of the city’s employees at the time of the accident — must be approached differently than standard personal injury cases. However, it is still critical to contact an attorney as soon as possible. N.Y. Gen. Mun. Laws § 50-e states that a Notice of Claim against cities in New York must be filed within 90 days and lawsuits against cities in New York must be filed within one year and ninety days. The same timeline rules apply for formal claims and suits against a county in New York, as per N.Y. County Law § 52.
Contacting a New York Personal Injury Attorney
If you or a loved one is suffering from an injury due to a car accident, please contact a New York personal injury attorney at Friedman & Simon, L.L.P. as soon as possible. With our experience of prosecuting many cases and our thorough understanding of the applicable laws, we will work to determine how much you are legally entitled to and advise you as to filing  a claim with your insurance company or, if indicated, developing a plan for presenting your case in court. We invite you to call us now at (516) 932-0400 for a free case review and no-obligation consultation.

Question 39

The Insurance Company Said I Don&#8217;t Need a Lawyer — Why Should I Pay You?

Accepted Answer

After sustaining an injury due to another person’s negligence, you will need to deal with your insurance company soon after the accident. In order to ensure you get the right compensation and discuss options for litigation against the at-fault party’s insurance company, it is essential to contact a New York personal injury lawyer as soon as possible. Doing so is the best way to determine the compensation you deserve and the next steps you need to take to obtain it.
New York Personal Injury Timeline
After being involved in an accident resulting in physical injury, victims have three years from the date of the damage to file a lawsuit against the responsible party per New York Civil Practice Law & Rules § 214. While this is ample time to file the necessary documents with the court, there are other reasons to act swiftly after an accident to obtain experienced and dedicated legal representation.
In addition to the Statute of Limitations, there are other time-critical deadlines that apply to claims and litigation. Another very important time-related consideration is the discovery and capture of evidence. Evidence such as video surveillance footage or the opportunity to question witnesses for statements, for example, may not be available if too much time passes.
For this reason, it is crucial to hire a lawyer that has a thorough knowledge of personal injury practice to meet all statutes of limitations and other time-deadlines, as well as act decisively to obtain important evidence. Failing to do this may very well result in the victim losing his or her  right to compensation.
New York Shared Fault Laws
In the case of litigation, some personal injury defendants will argue that the victims are partially at fault to decrease the amount of compensation they must pay. Even a victim that was wronged can lose their right to some or all of their compensation due to an experienced defense lawyer that understands how to harness shared fault laws to their advantage. 
In particular, New York follows the pure comparative negligence rule, which reduces compensation according to the percentage of fault determined. For example, $100,000 in damages will be reduced by $20,000 if the victim is found to be 20 percent at fault for their injuries, as per N.Y. Civil Practice Law & Rules § 1411.
A victim making a claim is best served by having experience, dedicated legal representation to counter the efforts made by such defense counsel generally, and with respect to the application of comparative negligence rules in particular.
Workplace Accidents
Regardless of who is at fault, the New York Workers’ Compensation Board ensures medical care and/or cash benefits for people that are injured while actually on  their job, generally described as being, “in the course of employment.” However, victims can lose their opportunity to obtain benefits if a timely and correct claim is not made. For these reasons, prompt, post-accident consultation with a lawyer is crucial to ensure that victims get compensation for their injuries.
Medical Malpractice
In situations where individuals were treated by a medical professional and did not receive proper care, a medical malpractice lawyer is crucial.  N.Y. Civil Practice Law and Rules section 214-a states that "action for medical, dental or podiatric malpractice" is to be "commenced within two years and six months" of the incident.
An exception to this rule is if the medical provider’s mistake took place during an "ongoing course of treatment,” which means that the 30-month timeline commences when treatment for the subject medical condition ends. Regardless, consulting with a lawyer experienced with medical malpractice cases is always preferred to dealing with insurance companies alone.
The Important of Understanding Personal Injury Law
No matter what led to a person’s injury and how much they have suffered due to the actions of another person, it is important to remember that they are not entitled to compensation by default.
To receive the money they deserve, they must provide the proper evidence to the insurance company of the at-fault party and, in some cases, prove that the other party is liable in court. This process requires meetings, capturing, reviewing and analyzing evidence, the drafting of various documents, notices and litigation instruments and, of course, a comprehensive understanding of New York personal injury law. Even familiarity with the relevant statutes is not the same as using them to prove a case in court.  This ability is generally the result of significant experience and dedication to the goal of winning the best possible outcome for the injured client.
Hiring a New York Personal Injury Lawyer
If you have been injured due to another person’s negligence and were approached by an insurance company, contact a New York personal injury lawyer at the law firm of Friedman & Simon, L.L.P. Injury Lawyers, as soon as possible. Speaking to an attorney that can fight vehemently for your rights will help you better navigate the legal process in a way that avoids the pitfalls with potentially catastrophic consequences along the way. Call today at 516-932-0400.

Question 40

Does Weather Affect Liability for an Accident in New York?

Accepted Answer

Yes,  weather does affect liability for an accident in New York.
Fault Does Not Always Matter in a New York Car Accident
New York is a no-fault state. That means you typically turn to your own insurance after a car accident for certain items of damage.  With respect to medical expenses and lost earnings,  your insurance policy covers at least a certain portion of your losses regardless of who caused the accident. For example, even if another driver caused your accident because they were driving negligently, (for example, distracted by their cell phone or speeding),  you would first  turn to your own insurance as mentioned for  medical expenses and lost earnings  even though the other driver was at fault.
If you suffered severe injuries, the No-Fault Benefits under your policy might not cover your losses entirely. In this case, you would  go after the other driver(s), the owner of the other car(s) in the accident and their insurance company.
Exceptions to the No-Fault Rule in New York
You may pursue a money recovery from the other parties, in addition to the No-Fault Benefits from your insurer, if you reach the No-Fault  threshold. In simple terms, you must have suffered “serious” injuries. While we understand that anytime a person is hurt as a result of someone else’s carelessness it is “serious”, New York law classifies serious injuries with specific legal definitions:

Death
Dismemberment
Significant disfigurement
Loss of a fetus
Permanent loss of use of a body organ, member, function or system
Permanent consequential limitation of a body organ or member
Significant limitation of use of a body function or system”
An injury that prevents you from doing daily living activities for 90 out of the first 180 days following your accident

If you reach the no-fault threshold, you may recover damages beyond the benefits available under the No-Fault benefits of your (host vehicle) policy and proceed to take legal action against the at-fault party and their insurer to recover damages.
Negligence Is Measured by Reasonable Care, Which Changes with the Weather
When you aim to hold the other driver liable for your damages, you must prove that the driver failed to take “reasonable care” to prevent injury and harm to you, as a fellow driver on the road.
Reasonable care, in typical accident scenarios, can be partly determined by whether the other driver was following the rules of the road: driving the speed limit, yielding right of way, etc.
The same rules do not always apply so literally in a bad-weather situation.
For example, a driver might be going the speed limit, but if the roads are icy, or there is heavy rain, the speed limit is most likely faster than what is safe. Going this speed in such bad weather would more likely be a case of the   at-fault driver failing to take  reasonable care to protect other motorists from harm.
If their speed caused an accident, and you were injured as a result, the driver could be liable for your damages.
Failure to Take Proper Precautions for Bad Weather Can Also Be Negligent
A driver’s negligence in bad weather can stem from not only their driving, but also from the reasonable care they failed to take before even getting behind the wheel.
Inclement weather lends itself to taking a variety of precautionary measures, including the following:

Making sure tires are properly inflated
Keeping headlight covers clean
Taking time to scrape ice off windshield
Making sure accumulated snow is removed from the roof of the car, truck or van
Installing snow tires
Ensuring windshield wipers work
Ensuring that there is adequate wiper fluid so that a safe visibility level is maintained

If the other (at-fault) driver failed to maintain their vehicle and this failure caused or contributed to the accident, such failure can form the basis of a negligence claim upon which the at-fault driver can be held liable for your injuries and related damages.
Types of Damages You Might Recover in a Weather-Related Accident
If the other driver is liable for your damages, you may possibly receive compensation for some of the following types of damages:

Lost wages
Medical expenses
Replacement services (housekeeping, lawn maintenance, childcare, etc.)
Diminished earning capacity
Diminished future potential earnings
Future medical care costs for ongoing treatment
Mental anguish
Prescribed medicines
Lost benefits
Pain and suffering
Diminished life enjoyment

Your car accident lawyer will use documentation from police and doctors, as well as medical experts, to calculate your total damages and present the total to the liable driver’s insurer.
If a weather-related accident in New York resulted in the death of your loved one, you might be able to pursue a wrongful death action. The lawyers at Friedman & Simon, L.L.P. are ready to pursue a wrongful death claim to win the compensation you are entitled to and the justice that your departed loved one deserves.
Common Types of Weather-Related Accidents
Weather-related accidents comprise 21 percent of the total number of vehicle crashes in the United States each year, according to the Department of Transportation’s Road Weather Management Program. These collisions can result from a slew of bad-weather conditions.
Based on data gathered over 10 years (2007-2016), the Department of Transportation reports the most common accident-triggering bad-weather conditions as follows:

Wet pavement: 70 percent of vehicle crashes
Rain: 46 percent of vehicle crashes
Snow/sleet: 18 percent of vehicle crashes
Icy pavement: 3 percent of vehicle crashes
Snow/slushy pavement: 16 percent of vehicle crashes
Fog: 3 percent of vehicle crashes

We have successfully represented clients injured in car accidents in every type of accident-triggering bad-weather.  We are ready to help you.
Call Friedman & Simon, L.L.P for Help with Your Weather-Related Accident
Our team of multilingual (Greek, Bengali, Spanish, English, Tamil, and Kannada) professionals will review your case at no charge. It costs you nothing upfront to hire a lawyer . We charge you no fees unless and until we have recovered your damages. Call Friedman & Simon, L.L.P. today at 516-932-0400.

Question 41

How Much Does Car Insurance Go Up After an Accident In New York?

Accepted Answer

New York limits insurance companies’ ability to impose surcharges on customers following car accidents. This means that insurers are prohibited from increasing your base premium after a car motor vehicle collision, provided that:

Your claim was filed under your comprehensive coverage

Damages for your accident amounted to less than $2,000, and there were no physical injuries or fatalities resulting from the crash

The limitations are lifted, however, if you are involved in two or more accidents, regardless of the amount of damage. Expect your premiums to go up in this case.
The average annual car insurance rate increase for New York drivers with one at-fault crash is $80. NerdWallet arrived at this number, and similar numbers for other states’ drivers, by analyzing quotes for drivers who had one at-fault crash and calculating how much more they pay for car insurance than drivers with accident-free driving records.
Understanding Insurance Rate Increases After an Accident
Insurance companies shy away from risk. When you are involved in a car accident, even if you did not cause the collision, your insurer might categorize you as presenting a higher risk than someone with a blemish-free driving record.
As a means of offsetting this risk, your insurance carrier may decide to increase your base car insurance premium.
Typically, insurance companies review your record going back from three to five years to determine your rates.
How New York Car Insurance Differs From That in Other States
New York is a no-fault state, meaning that your insurance company will pay for your medical bills and lost wages (up to a certain amount), regardless of who caused the accident.
As such, fault only enters the picture if one driver meets the state’s no-fault threshold (damages over $50,000 or “serious injuries” resulting from the accident). In this case, the driver can file a personal injury lawsuit against the at-fault party, which could tap into the driver’s insurance, driving up his/her insurance premiums.
New York’s Insurance Level Requirements
New York drivers with cars registered in the state are required to buy New York State (NYS) liability insurance from an in-state insurance provider.
The state also requires that you carry a minimum liability as follows:

$10,000 (property damage caused by a single collision)
$25,000 (for bodily injury to one individual); $50,000 (one, accident-related fatality)
$50,000 (for bodily injury to two or more people); $100,000 (two or more accident-related fatalities)

New York’s DMV can suspend both your driver license and your vehicle registration if you do not maintain New York State-issued automobile liability insurance coverage.
Choosing Your New York Automobile Insurance Provider
New York State’s Department of Financial Services (DFS) provides a ranking of automobile insurance companies based on how many consumer complaints were upheld against each provider in a two-year timeframe.
The 2018 Auto Complaint Ratios document is available on the DFS site for your consideration in choosing an insurance provider.
DFS also offers an Auto Insurance Resource Guide to facilitate your insurance purchase further. The online resource provides information on:

Minimum auto insurance requirements
Applying for auto insurance
Cancellation and renewal
Discounts and saving money
Filing claims
Gap and umbrella policies
Difficult-to-insure vehicles
Trouble getting coverage

We Will Handle Your New York Car Accident
If you were involved in a car accident in New York, the legal team at Friedman & Simon, L.L.P. will talk to insurers on your behalf, calculate your damages, and if you want to pursue a personal injury action, prove fault and liability and represent you in court. We also handle dog bites and medical malpractice cases.
Call us at 516-932-0400 for a no-cost, no-obligation consultation.

Question 42

What To Do When Your Spouse Dies In A Car Accident In New York?

Accepted Answer

When a  spouse dies in a car accident in New York, as tragic and heartbreaking as such an event can be, there are a number of steps that must be taken promptly. Of course, funeral arrangements must be made and that is the first matter to address after the death of a  spouse.
The next decision you need to make is about whether to seek compensation against the party or parties that caused your spouse’s death. With this decision comes the need to gather evidence, deal with insurers, and manage other stressful tasks — unless you hire an attorney to do these things for you.
Why Compensation for Your Spouse’s Death Might Not Be on Your Mind
Few experiences can compare to the death of a spouse. While this is an unimaginably difficult time in any case, when a car accident causes this death, the heaviness of heart also comes with a sense of debilitating shock.
Unlike death brought on by illness, for which one at least can begin to prepare, the sudden death from a motor vehicle accident leaves the surviving spouse in a confused sense of bewilderment. Making the tough decisions required at a time like this gets even tougher.
While family members can help with funeral arrangements, and close neighbors can alleviate the strain of everyday productivity by providing meals and childcare services, some tasks are best left to legal professionals. This includes seeking compensation for the wrongful death of your spouse.
Why You Should Consider Seeking Compensation—And Doing It Early
As much as you might feel that thinking about financial compensation at this point somehow dishonors your deceased spouse, the truth is that your spouse’s death will likely present a substantial negative impact on your financial situation.
You will likely need financial help, and this help should come in the form of compensation from the party or parties liable for the car accident that caused your spouse’s death.
Finding the Right Help — With the Right Motives — to Recover Your Damages
As a survivor with much on your mind, your first inclination may be to seek compensation directly from the at-fault party’s insurance company. Keep in mind that the insurance adjuster has a definite vested interest in having you settle directly with the insurer. Insurance is a business, and the less the company pays you, the more profitable the company.
A wrongful death attorney, on the other hand, can provide you with information, strategies, and action to calculate, represent, negotiate, and litigate the value of damages you really deserve.
That said, finding and hiring an attorney sooner, rather than later, gives your legal counsel the opportunity to investigate your spouse’s accident while the elements of the accident are still intact.
Also, New York limits the time you have to file a wrongful death claim and to comply with other claims and litigation time-restrictions. In your time of grieving and learning to accept a “new normal,” these critical deadlines might come and go without your awareness. 
Elements That Comprise a Wrongful Death Action in New York
When a person or entity, through an act of negligence, causes the death of another individual, the deceased’s surviving spouse or other surviving family members can pursue a wrongful death action.
Every state writes its own laws that govern wrongful death cases. In New York, wrongful death actions must prove five components:

A death occurred.
The defendant caused this death by their wrongful conduct.
If the deceased had survived, they could have pursued compensation from the defendant for their actions.
Survivor(s) suffered a loss as a result of death.
An explanation of recoverable damages.

Recoverable Damages in a New York Wrongful Death Action
As a function of your wrongful death action, you may be able to recover the following types of damages, where applicable:

Cost of funeral and burial
Expenses related to medical expenses
Wages lost between the time of the injury and your spouse’s death
An amount attached to any support and services formerly provided by the deceased
Value of guidance, nurturing, and care the deceased would have provided to surviving children
Pain and suffering caused by the deceased’s final injury
Interest on the awarded damages

A Wrongful Death Attorney In New York Can Ease Your Burdens
A New York car accident lawyer at Friedman & Simon, L.L.P. can take the burden of wrongful death compensation off your plate so you can spend this time allowing yourself to grieve and honor the memory of your spouse.  We are ready to proceed with compassion and determination.  Our goal is to win the greatest possible money recovery that you are entitled to and the justice that your beloved, departed spouse deserves.
We will handle any type of fatal motor vehicle accident case, including those involving:

Trucks
Uber and Lyft vehicles
Motorcycles
Bicycles
And more

Call us today for a free, no-obligation consultation at 516-932-0400.

Question 43

What Happens When A Car Hits You From Behind In New York?

Accepted Answer

When a car hits you from behind in New York , you may experience whiplash, a common injury from this type of collision. Whiplash can affect your upper back, neck, and shoulders, preventing you from returning to work, and thereby affecting your ability to provide for your family, pay your rent/mortgage, and perform your usual activities of daily living. 
New York is a No-Fault State, So Your Insurance Company Will Cover Costs
New York is a no-fault state, which means that your insurance company will directly pay to a provider (of medical services, for example) or reimburse you for your certain costs related to your accident, regardless of who caused it.
Under New York’s no-fault system, your insurer will pay:

All medical costs, up to a $50,000. limit, unless you carry additional P.I.P. (personal injury protection) for treatment of injuries caused by the accident
Up to three years of lost wages, up to $2,000/month, if you are medically disabled as a result of injuries suffered in a car accident
Other accident-related expenses ($25/day for up to one year following the accident for such expenses as travel to and from medical treatment or assistance for chores at home that you are medically disabled from performing as a result of the accident

You have 30 days from the date of the car accident in which to file a claim for benefits with your insurance provider. If you retain our firm to represent you in connection with your hit-in-rear car accident injuries, we will complete this form, the NF-2, on your behalf.
Reaching a No-Fault Threshold to Sue the At-Fault Driver for Personal Injury
In almost all cases, a rear-end collision is found to be the fault of the trailing vehicle, not the leading vehicle.
Because New York is a no-fault state, you would first turn to your insurance company for payment of your medical costs, etc.
If you want to pursue legal action against the driver who rear-ended your vehicle, demanding recovery of damages beyond what your insurance company has paid, you will need to reach—and prove that you have reached— a no-fault threshold.
The no-fault threshold in New York requires proof that your economic losses from your accident exceeded $50,000.
You can also meet New York’s no-fault threshold if your accident caused you “serious injuries,” as defined in the state’s insurance statutes.
Understanding New York’s Definition of “Serious Injury”
According to New York Insurance Law § 5102(d), “serious injury” pertains to a personal injury that results in any of the following:

Death
Dismemberment
Significant disfigurement
Fracture
Loss of a fetus
Permanent loss of a body organ, member, function, or system
Permanent limitation of a body organ, member, function, or system
Significant limitation of use of a body function or system
Medically determined injury that prevents the victim from experiencing typical daily activities for at least 90 days within 180 days after the accident

It is worth noting is that by meeting New York’s no-fault threshold, you not only can receive compensation for expenses beyond $50,000 but also additional, non-economic damages, like pain and suffering.
When a rear-end collision causes the death of a family member or loved one, you have the right to pursue a wrongful death action.
Steps to Filing a Civil Lawsuit
If you qualify to pursue a personal injury lawsuit, and you plan to embark down this path, here is a preview of what the plaintiff’s attorneys in such a case typically undertake:

Prove Negligence – Any personal injury lawsuit requires that the plaintiff prove four things:

Establish that the defendant had a duty of care to take reasonable steps to keep you from harm (as all motorists do)
Prove that the defendant failed to fulfill this duty
Illustrate how this failure caused your accident
Prove that the accident caused your injuries and other damages

Gather Evidence – Collect medical records, police reports, photos, videos, witness accounts, work records, etc., to help prove that the defendant failed to take reasonable steps to keep other motorists safe and that his failure caused him or her to rear-end your vehicle
Collaborate With Experts – Solicit opinions and testimonies from economists and experts (medical, vocational, and life planning) to depict how the accident caused your injuries that ultimately led to the damages you are seeking to recover
Calculate Your Damages – A plaintiff will need to itemize how the accident injuries  have, do, and will continue to affect you economically and non-economically. Typically this is done with the input of an economist, who will know how to realistically extrapolate meaningful numbers that accurately represent the extent of your damages.
Present Your Damages to the At-Fault Party’s Insurer – Your lawyer will compose a demand letter to the offending driver’s insurance company, listing your damages. More than likely  there will be negotiation with the insurer to get the best possible money recovery in settlement of your claim.  
File a Lawsuit in Civil Court – If the at-fault driver’s insurance company does not agree to an appropriate settlement, the next step is to file a personal injury lawsuit in civil court.

Friedman & Simon, L.L.P. Will Handle Every Step in Your Rear-End Collision Case
The legal team at Friedman & Simon, L.L.P. will help you navigate your rear-end collision, proving your serious injuries meet the threshold and tackling every step in your personal injury lawsuit. Our multilingual staff can work with you in Greek, English, Spanish, Tamil, Bengali, and Kannada. We are happy to meet you on Long Island or elsewhere in the New York Metropolitan area to discuss your case. And remember, we do not charge you unless and until you are compensated. Call 516-932-0400 today for a no-charge, no-obligation consultation.

Question 44

Does The Police Report Automatically Go to Insurance In New York?

Accepted Answer

The police will not automatically send the accident report to your insurance company. Your provider will become aware of your accident only when and if you or any of the drivers involved in the accident report it to file a claim.
However, your insurance company can request a copy of the police accident report (form MV-104A) from the New York State Department of Motor Vehicles (DMV), a step that your insurer will take upon launching the claim process if you report the accident to the carrier.
If you want the insurance company to have access to the police report sooner, in the interest of expediting your claim, you can give the company a copy of the report you obtain from the police.
The Value of the Police Accident Report
Police accident reports carry a substantial amount of information relating to your car accident. When the insurance company receives a claim report of the accident and begins its investigation of the incident, the details of this police report will be reviewed and dissected to help determine who was at fault for the accident and whether to deny the claim or pay it—and for what amount.
New York is a no-fault state, meaning each driver’s insurance company pays for medical costs and lost wages up to a certain amount, regardless of who was at fault for the accident. However, if one of the parties involved in the accident reaches a no-fault threshold (where economic losses exceed $50,000, or the accident caused “serious injuries,” as defined by New York state insurance statutes), that party can pursue additional damages via a personal injury lawsuit.
In this event, fault plays a role in the potential success of the case. The police report may  serve as a substantial piece of evidence in establishing this fault.
What You Can Find in a Police Accident Report
The investigating law enforcement officer who shows up at the scene of your accident explores and records many details about the incident including:

Location, date, and time of the accident
Names and contact information for all parties
Witness contact information
Damages to vehicles
Lighting, roadway, and weather conditions
Diagram of the collision
Statements
Any laws violated or citations issued
Officer’s opinion regarding cause and fault

Whether to Report Your Accident to Your Car Insurance Company
The state of New York does not require you to report your accident to your insurance carrier. However, when you signed the contract between you and your car insurance provider, you agreed to their terms, which includes reporting all accidents to them within a reasonable period of time—which may be interpreted to mean just a couple days.
By not reporting your accident, you risk non-compliance, which could compromise your accident coverage. This holds true for even minor accidents.
Getting a Copy of Your Police Report
You can request a copy of your police accident report in a few ways, depending upon where your collision occurred. If the accident happened:

On the New York State Thruway, please request a report from https://dmv.ny.gov/get-accident-report
To request a police accident report for an accident that took place in Suffolk County, please request a report from https://www.buycrash.com/

You may also stop by the police precinct or agency where the accident took place and ask if you can have a copy of the report. The law enforcement officer who investigated your accident should have given you an identification number for the police report. Use it to reference the report you need. More than likely, you will have to pay a fee to obtain it—typically around $22.  (There is no charge for a police accident report in the 5 Boroughs of New York City.) 
New York State police submit their accident reports electronically. You can usually obtain the reports 14 days after the accident, sometimes sooner, sometimes later.
Filing a Civilian Accident Report
You may have to file a “Report of a Motor Vehicle Accident” after your accident.
New York State Vehicle and Traffic Law requires that you submit an accident report for any collision resulting in property damage of  $1,000.00 or more and if anyone was physically injured You have 10 days from the date of the accident to file the report.
Other reporting requirements dictated by New York traffic laws include:

When only property damage results from an accident, drivers must exchange their driver's license, registration, and insurance information.
When you collide with a parked car, damage other property, or hurt a domestic animal, you are required to either contact the police or find the owner and notify him or her of the incident.

Also referred to as a Civilian Accident Report (form MV-104), you can find and download the form online. Use the information you recorded about the collision, along with details from the State Trooper’s “Exchange of Information” form to complete your Civilian Accident Report. If you were injured in the accident and retain our firm to pursue a claim for the damages you suffered, we can assist you with the completion of this report.  
Failure to file this report could prompt the DMV to suspend your driver's license.
We Will Can Handle Your New York Car Accident
The legal team at Friedman & Simon, L.L.P. will handle every aspect of your car accident case, from obtaining police reports and working with insurers to filing a personal injury lawsuit in civil court. Call us today for a free, no-obligation consultation at 516-932-0400.

Question 45

What Happens When A Car Hits You From Behind In New York?

Accepted Answer

When a car hits you from behind in New York, you may suffer a whiplash injury, which is a common injury in this type of collision. Whiplash can affect your upper back, neck, and shoulders, preventing you from returning to work, and thereby affecting your ability to provide for your family, pay your rent/mortgage, and cover medical expenses.
New York is a No-Fault State, So Your Insurance Company Will Cover Costs
New York is a no-fault state, which means that your insurance company will reimburse (or, once you have given your medical treatment provider(s) an Assignment of Benefits), cover you for certain costs related to your accident, regardless of who caused it.
Under New York’s no-fault system, your insurer will pay, up to a minimum $50,000.00 limit:

All medical costs
For up to three years,  80% of lost wages, up to $2,000/month
Other accident-related expenses (For example, transportation to and from medical treatment, home-aide, etc.,) up to $25/day for up to one year following the accident)

You have 30 days from the date of the car accident in which to file a claim for benefits with your insurance provider.
Reaching a No-Fault Threshold to Sue the At-Fault Driver for Personal Injury
In almost all cases, a rear-end collision is found to be the fault of the trailing vehicle, not the leading vehicle.
Because New York is a no-fault state, you would first turn to your insurance company for payment of your medical costs, etc.
If you want to pursue legal action against the driver who rear-ended your vehicle, demanding recovery of damages beyond what your insurance company has paid in the form of No-Fault Benefits, you will need to prove that you have sustained a level of injury that meets what is referred to as the no-fault threshold.
The no-fault threshold in New York requires proof that your economic losses from your accident exceeded $50,000.
You can also meet New York’s no-fault threshold if your accident caused you “serious injuries,” as defined in the state’s insurance statutes.
Understanding New York’s Definition of “Serious Injury”
According to New York Insurance Law § 5102(d), “serious injury” pertains to a personal injury that results in any of the following:

Death
Dismemberment
Significant disfigurement
Fracture
Loss of a fetus
Permanent loss of a body organ, member, function, or system
Permanent limitation of a body organ, member, function, or system
Significant limitation of use of a body function or system
Medically determined injury that prevents the victim from experiencing typical daily activities for at least 90 days within 180 days after the accident

When a rear-end collision causes the death of a family member or loved one, you have the right to pursue a wrongful death action.  We will prosecute such a case on your behalf, with compassion and total dedication to obtain the justice you deserve.
Steps to Filing a Civil Lawsuit
If you qualify to pursue a personal injury lawsuit, and you plan to embark down this path, here is a preview of what the plaintiff in such a case typically undertakes:

Prove Negligence – Any personal injury lawsuit requires that the plaintiff prove four things:

Establish that the defendant had a duty of care to take reasonable steps to keep you from harm (as all motorists do)
Prove that the defendant failed to fulfill this duty
Illustrate how this failure caused your accident
Prove that the accident caused your injuries and other damages

Gather Evidence – Collect medical records, police reports, photos, videos, witness accounts, work records, etc., to help prove that the defendant failed to take reasonable steps to keep other motorists safe and that his failure caused him or her to rear-end your vehicle
Collaborate With Experts – Depending upon the particular circumstances of your unique case, solicit  opinions and testimonies from economists and experts (medical, vocational, and life planning) to depict how the accident caused your injuries that ultimately led to the damages you are seeking to recover
Calculate Damages – Itemize how your injuries have, do, and will continue to affect you economically and non-economically.  and extrapolate meaningful numbers that accurately represent the extent of your damages.
Present Your Damages to the At-Fault Party’s Insurer – Compose a demand letter to the offending driver’s insurance company, listing your damages. and negotiate with the insurer to get to the best possible
File a Lawsuit in Civil Court – If the at-fault driver’s insurance company does not agree to an appropriate settlement, file a personal injury lawsuit in civil court.
We do all this and more for you!

Friedman & Simon, L.L.P. Will Handle Every Step in Your Rear-End Collision Case
The legal team at Friedman & Simon, L.L.P. will help you navigate your rear-end collision, proving your “serious injuries” and tackling every step in your personal injury lawsuit. Our multilingual staff can work with you in Greek, English, Spanish, Tamil, Bengali, and Kannada. We are happy to meet you on Long Island or elsewhere in the New York Metropolitan area to discuss your case. And remember, we do not charge you unless and until you are compensated. Call 516-932-0400 today for a no-charge, no-obligation consultation.

Question 46

What Compensation Can You Get After A Car Accident on Long Island, NY?

Accepted Answer

Some of the damages you might recover from an insurance settlement, or a jury verdict include the following:

Damage to your personal belongings that were in the car
Wages you lose by not being at work while you recover from injuries
Benefits you lose from not being at work
Expenses you have incurred for medical treatment
Ongoing/future costs for medical care
Replacement services for tasks you once did but can no longer perform (such as, for example, lawn maintenance, housekeeping, childcare, etc.)
Diminished earning capacity
Mental anguish
Pain and suffering
Prescribed medications
Diminished future potential earnings
Mental anguish
Diminished life enjoyment
Meds for pain management

A car accident lawyer on Long Island  will be able to assign dollar figures to each of the above damages relevant to your accident and your injuries.
When a Car Accident Results in the Death of a Loved One
If a loved one loses his or her life after sustaining injuries in a car accident on Long Island, we will  file a wrongful death action against the at-fault and liable party who caused the accident.
Our legal team will handle your action compassionately and aggressively, to get you the compensation you deserve after a car accident on Long Island, NY.
Experts May Weigh in On the Amounts You Should be Compensated
The Friedman & Simon, L.L.P. car accident lawyer working on your case may also consult with experts to support  the arguments for how you should be compensated for your car accident injuries in the strongest way possible. Types of experts whose services  we might utilize include:

Medical experts who will speak to your physical injuries, the costs for treating them, and the likely need for and cost of ongoing and future treatment.

Vocational experts who will elaborate on the effects your injuries have had on your ability to work, as well as the likely effects they will have on your future ability to work.

Economic experts who will give their opinions on the financial impact of your injuries that you have already faced and more important will meet further down the road, thereby affecting future earning potential. These professionals will also talk about the costs of hiring replacement services now and in the future to handle tasks you can longer perform because of your injuries or that you now have an actual or reasonably certain anticipated need for in light of your changed circumstances.

Why Hiring a Car Accident Lawyer on Long Island, NY Makes Sense
As you lie in bed recovering from your car accident injuries, your entire life disrupted, the last thing you should have to worry about is how to go about paying for expenses you have incurred due to another person’s negligence.
Instead, we invite you to allow a lawyer from our team to take on the mission  of seeing that you are compensated to the maximum extent possible..
Friedman & Simon, L.L.P. will handle all the details of your case, from beginning to end. Depending upon the unique circumstances of your case, the services  we will perform on your behalf may include:

Determine who is at fault for the car accident
Establish that the at-fault person is also liable for your damages
Visit the accident scene to gather evidence
Get official copies of police reports
Talk to witnesses and solicit their statements of the events that unfolded in your car accident
Gather medical records from your health practitioner
Enlist the help of medical, economic, occupational experts to round out your demanded damages
Calculate all damages (using expert opinions)
Work with accident reconstruction specialists to determine the exact cause of and the sequence of events following the car accident
Handle all communication with everyone involved in your case, including insurance companies, lawyers, etc.
Issue your damage recovery demands to the negligent party’s insurance company
Negotiate with insurers to reach a fair settlement
Pursue legal action in civil court if a settlement agreement is not reached
Represent you in civil court in a personal injury lawsuit
Aggressively litigate your personal injury case

Time is of the Essence, Thanks to New York’s Statute of Limitations
New York’s statute of limitations specifies a window of time from the date of your car accident in which you must pursue compensation in a civil court if you choose to do so.
Additionally, other deadlines apply to prosecuting a car accident claim.
To make sure the Statute of Limitations window does not close on you or that your rights are not limited by failing to meet other deadlines,, consider hiring a car accident attorney to manage the undertaking for you.
Enlisting the help of a lawyer soon after your car accident case will give the attorney more time to build a strong case—to get witness testimony, collect fresh evidence, etc.   The sooner you contact us, the greater our opportunity to build the strongest case possible for you.
Call Friedman & Simon, L.L.P,’s Car Accident Lawyer on Long Island, NY
We have a team of multilingual (Greek, Bengali, Spanish, English, Tamil, and Kannada) professional staff ready to discuss your case with you, free of charge. Finally, you pay us no fees unless and until we have recovered your compensation after a car accident on Long Island, NY. 
Call us today at 516-932-0400.

Question 47

How Much Does It Cost to Hire a Personal Injury Lawyer on Long Island, NY?

Accepted Answer

It costs nothing upfront to hire a personal injury lawyer on Long Island, NY. If you do not collect on your personal injury legal action, you pay nothing at all. When you hire a personal injury lawyer  on Long Island, NY, your attorney will handle your case on a contingency fee basis.
This means you do not pay for the legal work done on your case unless and until you win your case. If you win your lawsuit or insurance claim, you pay your lawyer a percentage (generally 1/3rd, 33.3%) of the amount you recover from the defendant or the insurance company.  When you choose our firm to represent you, you have the option of having us advance all expenses so that you are guaranteed, no matter what happens in the case, that you will never have an out of pocket cost.
Friedman & Simon, L.L.P. will review your case your free. We offer a no-cost, no-obligation legal consultation when you call 516-932-0400.
Why Hiring a Personal Injury Lawyer on Long Island, NY is a Good Idea
When you have suffered injury because of someone else’s negligence, you are confronted by numerous challenges working through your pain and trying to recover from your injuries. The added task of getting the negligent party to pay for the harm they have inflicted upon you can feel overwhelming. 
When you hire a personal injury lawyer on Long Island, NY from Friedman & Simon, L.L.P., you can focus on your recovery, knowing that we are handling every aspect of your case. As per the specific needs of your claim, we will:

Identify the at-fault party
Establish liability
Gather evidence and documentation to support our conclusion
Interview witnesses
Collect medical records
Obtain a copy of any police report(s) generated
Acquire opinions from experts (medical, economic, occupational, lifecare planners)
Calculate your damages (using expert opinions)
Collaborate with accident reconstruction specialists
Communicate with all parties in your case (insurance companies, opposing counsel, etc.)
Send a Demand Package to the insurance company
Negotiate with the insurance company
File a lawsuit against the liable party
Represent you by litigating your case in civil court

You get all this done as required for your case, with no cost to you—unless and until you receive compensation.
Call our law office today at 516-932- 0400 for a free consultation.
A Personal Injury Lawyer on Long Island, NY will Manage Your Case
When you are talking about legal actions, timing is critically important. This includes acting within deadlines and initiating action aggressively.   
For example, New York law includes a statute of limitations for accident lawsuits that dictates a timeframe from the date of your accident within which you must pursue legal action. If you file outside of this timeframe, it is most likely that the defendant (that is, the party you are claiming against), will have a complete defense to your claim and you will be unable to make any money recovery against the negligent party. Additionally, both the claims and litigation process are governed by a variety of critical deadlines. If the proper action is not taken with the deadline periods, your right(s) to recover can also be severely restricted or even entirely lost.
Just as these elements of timing are essential to proper case management, the prompt, diligent collection of evidence is critical to case-building. The earlier you hire legal representation for your personal injury case, the more time you give your attorney to gather evidence. For example, gathering video surveillance, photographs, measurements, talking to witnesses, collaborating with experts, etc., to establish a compelling case showing the defendant’s liability, which is a foundation aspect of your case. Simply stated, the sooner you contact us, the greater our opportunity to build the strongest possible case on your behalf.
Call a Personal Injury Lawyer on Long Island, NY Today
Our multilingual professional staff is happy to assist you with your case in Spanish, English, Bengali, Kannada, Greek, or Tamil. Call us now for a no-charge consultation and case review: 516-932-0400.

Question 48

I Was Hit By A Foul Ball At An MLB Game. Can I Sue?

Accepted Answer

If you were hit by a foul ball at an MLB game, you may be able to sue. It all depends on your situation.
How Your Situation Determines Your Ability to Sue
While injuries at a public location would generally fall under premises liability laws (i.e., laws that allow you to sue if you get hurt on someone else’s property) the MLB assumes that baseball fans are aware of the potential risk of a foul ball. Not only are spectators assumed to be aware of the expected dangers when attending a baseball game, but these dangers are also often printed on the back of the baseball ticket.
Additionally, the “Baseball Rule,” which the majority of courts follow, places the duty of care back onto the stadium fans, stating that it is their responsibility to avoid injury. This is especially true if the guest chooses to sit in a part of the stadium without protective netting.
The area directly behind the home plate has nets for baseball fans that prefer to avoid the risk of a foul ball. However, many baseball stadiums are extending this safety netting to offer additional protection to fans outside of that specific area.
Determining Eligibility for Compensation After an Injury at an MLB Game
Even with the assumption of risk, there are a few situations in which you could be eligible for compensation for injuries sustained at an MLB game.
New York’s comparative negligence doctrine means that the court can rule that both the MLB stadium and the baseball fan are liable. This means that while the spectator assumes the risk of a foul ball, the stadium can also be liable for the injury if its negligence caused or contributed to the accident occurring.
In a situation in which both you and the other party are liable, your compensatory amount is reduced by the percentage that you are liable. For example, the MLB might claim that you are wholly responsible for your injuries, but if an injury lawyer can prove the stadium failed to act in some way that caused or contributed to your injury, you may be entitled to compensation.
Our team can look into your injury and determine the best way to approach your case.
Proving Negligence in Your MLB Foul Ball Injury Case
Just as negligence is an important factor in other types of personal injury cases, it is also necessary to prove fault in an MLB foul ball case. In order to establish that the stadium is responsible, or partially responsible, for your injuries, we must identify that they did not uphold their standard of care for your safety and well-being.
A few examples of negligent actions might include:

Not meeting federal netting requirements
Not making necessary repairs to holes or tears in the safety netting
Failing to maintain the structure of the building or seats
Failing to offer sheltered seats in high-risk areas

Although visitors assume some level of risk when attending an MLB game, New York also expects stadiums to offer safe seating options, such as a netted space behind higher risk areas.
Our Team Will Fight to Get You the Compensation You Deserve
If the stadium was negligent in its care, then we may be able to hold it liable for your injuries. We will fight to collect the maximum compensation available. The speed of a foul ball paired with the close proximity of seating to the field can result in extensive injuries. The majority of foul balls strike the face which often results in severe injuries to the face, eyes, or brain.
A foul ball injury can leave you with expensive medical bills including reconstructive surgery needs. You may also have to take time off work to recover from these injuries.
We will work to collect compensation for the following types of damages:

Medical costs
Lost wages and benefits
Diminished earning capacity
Impaired quality of life
Pain and suffering
Wrongful death damages, if your loved one died from their injuries

Call For A Free Consultation Today With A Personal Injury Lawyer
Your legal eligibility regarding an MLB foul ball case depends on many factors including the cause of the injury, the actions of the stadium, and the extent of your injury.
It is important to evaluate your legal options as soon as possible. New York gives injured parties a limited time to file a personal injury lawsuit. It takes time to investigate your case and collect important records. The best time to gather evidence such as witness statements and video footage is as soon after the incident as possible. The sooner you contact us the greater our opportunity to build the strongest case possible on your behalf. For the above reasons, it is crucial that you speak to a personal injury lawyer as soon as possible.
Call Friedman & Simon, L.L.P. today for a free consultation: 516-432-0400. Our staff is available to assist you in English, Spanish, Bengali, Greek, Kannada, or Tamil.

Question 49

Can I Sue A Company If Their Employee Crashes Their Vehicle Into Mine?

Accepted Answer

Whether you can sue a company if their employee crashes a vehicle - not only a company owned vehicle but, under certain circumstances, even the employee’s own personal vehicle - into yours depends on several factors. Among the decisive factors is whether or not the driver was “acting within the scope of their employment.” The New York injury lawyers at Friedman & Simon, L.L.P. will investigate your car accident, help you establish liability, and collect compensation from the responsible party, whether that is an individual driver or their employer.
Call for a free consultation today at 516-932-0400.
Evaluating The Employer’s Responsibility
In many cases, when an employee is driving during work hours and for work purposes, their employer is responsible for their actions. This responsibility is known as “vicarious liability.”
Determining what tasks specifically fall under “the scope of employment” or whether an employer-employee relationship, sufficient to impose vicarious liability, actually existed can sometimes be difficult to establish. Our legal team will investigate the details of your case to determine whether or not the employer is responsible for your injuries and other losses.
An employer would likely be responsible for the employee’s actions in the following situations:

Making sales calls during work hours
Attending a service appointment
Running work-related errands during work hours
Operating a mode of public transportation
Making deliveries (this can include truck drivers, mail carriers, food delivery drivers, etc.)

Actions such as commuting to and from work or running personal errands after work hours are likely not be included in the employer’s liability. Many situations can complicate liability, making it more important than ever to work with a New York car accident lawyer.
The employer and its insurer may try to fight your claim, stating that they are not responsible for the driver’s actions. In cases where the facts suggest otherwise, our team will work to build the strongest case possible demonstrating the employer’s liability for the driver’s actions.
If the employer is truly not responsible for the drivers’ actions, then we will seek compensation from the driver and seek to collect from the driver’s insurance carrier... In either case, we will fight to get you every dollar you deserve.
We Can Help Establish Fault for Your Accident, No Matter How It Happened
We accept most car accident cases including, but not limited to those caused by:

Distracted driving
Ignoring road signs and local laws
Fatigued driving
Mechanical failure accidents
Poor weather
Driving under the influence
Aggressive driving/road rage

We also handle truck accidents resulting from drivers violating hours of service regulations.
It is important that we evaluate the details of your case to determine who is responsible. Call us today at 516-932-0400.
Collect Compensation For Your Damages
Car accidents can be very costly on every level. From property damage to your car, to medical costs for your treatment, to lost earnings due to time missed from work,  to the emotional costs of inconvenience to you and your family, to your pain and suffering due to all the trauma of the accident.
The legal team at Friedman & Simon, L.L.P. will help you evaluate your legal options, determining whether you should file a case against the employee or their employer with the goal of obtaining the greatest amount possible to compensate you for your injuries and damages.
In cases where an employer is liable, it is significant to note that employer insurance coverages are often higher than personal insurance policies and this will give us a greater chance of collecting the maximum amount of compensation for you. 
We will fight to collect compensation for any of your sustained damages including:

Current medical bills
Anticipated medical needs
Lost wages/benefits
Diminished earning capacity, if your injuries keep you from returning to your job or require you to take a lesser-paying job
Pain and suffering

If you lost a loved one in an employee car accident, our legal team will build a wrongful death case and collect compensation for your losses. Let our team seek justice for your loved one. Call today to learn more about filing a wrongful death claim: 516-932-0400.
Act Quickly to Avoid the Risk Recovering Nothing for Your Injuries and Other Losses
Act quickly. It can take some time to investigate and build your case, especially if the employer is at fault. Additionally, it can become harder to collect some pieces of evidence and witnesses could forget important details of the accident.  The sooner you contact us the greater our opportunity to build the strongest possible case on your behalf. Friedman & Simon, L.L.P. will help you navigate your case while ensuring that we stay within this important time limit.
Work With A New York Car Accident Lawyer Today
Navigating a complicated car accident case can be overwhelming. Friedman & Simon, L.L.P. has the experience to help you navigate your employee car accident case. We will represent your case with no out-of-pocket expense to you, fighting to collect the compensation that you deserve to move past your injuries.
We never collect any fees unless and until you obtain compensation. Our multilingual staff is ready to assist you in any of the following languages:

English
Spanish
Greek
Tamil
Bengali
Kannada

Call us for a free consultation today at 516-932-0400.

Question 50

Who Is The Best Personal Injury Lawyer On Long Island?

Accepted Answer

We cannot tell you who the best personal injury lawyer on Long Island is. However, the right injury lawyer for you is likely someone who is experienced, who represents their clients in a way that is passionate, and who has a proven track record of success. They get to know the details of each client’s accident and offer specific ways to assist them in navigating their personal injury legal case.
What to Consider for When Searching for a Long Island Injury Lawyer
Suffering a personal injury is often overwhelming and confusing. You might question where to seek medical care. You might wonder who will cover your incurred medical bills and household expenses as you take time off work to recover. A personal injury lawyer can offer you clarity as you navigate your way through your injury case.
A Good Personal Injury Lawyer Will Not Settle for Less Than You Deserve
There are many costs associated with a personal injury. Friedman & Simon L.L.P. will fight to recover for all the physical, financial, and emotional damages you have suffered. We have a history of success when it comes to collecting compensation for our personal injury clients on Long Island.
We will seek compensation for the following costs:

Medical care
Lost wages
Diminished earning capacity
Emotional pain and suffering

We can also help you if your loved one died due to another party’s negligence on Long Island or elsewhere.
Injuries can have both immediate and future implications. It is important that we recover not only the costs that you have incurred but also any costs that an expert anticipates for future treatments or a diminished quality of life.
A Good Personal Injury Lawyer Will Help You Identify Fault and Determine Liability
In order to collect compensation in your personal injury case, New York law  requires that we prove another party is liable for your damages. Choosing a lawyer with years of experience handling New York personal injury cases helps ensure that you are able to recover the compensation you need and deserve. Our legal team will establish liability by collecting the following important information on your behalf:

Accident report
Medical records
Witness statements
Statements from expert witnesses (e.g., medical, vocational rehabilitation, life care planners, and economists)
Image or video evidence from the scene of the accident

A Good Personal Injury Lawyer Will Navigate Your Case in A Timely Manner
In order to protect your right to collect compensation, in a case where the commencement of a lawsuit is indicated, New York law requires that suit to be filed within a set period of time. Failure to file within this time limit can deem you ineligible for compensation that you deserve.
In addition to the limited time we have to file, our legal team also understands the need for a timely payout. When you suffer an injury, medical bills can add up quickly. If your injuries require you to take time off work, it can be difficult to keep up with household expenses. Our goal is to get you as much as possible, as quickly as possible, to compensate you for the injuries and harm that you have suffered.
The Right Personal Injury Lawyer for You Has Had Experience Handling Your Specific Type of Case
No two personal injury cases are the same. The events that caused the accident differ as much as the outcome. You can call us for a free consultation that gives you the opportunity to get to know us and allows us to discuss the details of your case with you: 516-932-0400.
Friedman & Simon, L.L.P. has handled many personal injury cases on Long Island, including:

Slip and falls
Auto accidents
Motorcycle accidents
Medical malpractice
Pedestrian accidents
Truck accidents
Bicycle accidents
Construction accidents
Birth injuries
Uber accidents and Lyft accidents

The cases that we accept are not limited to these areas of practice. Any time another person’s negligence leads to a personal injury, our legal team is ready to fight for your rights.
Reach Out To A Long Island Personal Injury Lawyer Today
The legal team at Friedman & Simon, L.L.P. understands how life-changing a personal injury can be. Filing a personal injury claim against the responsible party cannot reverse the damage or the pain you have had to suffer, but it can provide you and your family with the compensation that you need to manage and move past it. It is only right that the responsible party pays for their mistake.
Choosing the right personal injury lawyer can make a big difference to your personal injury legal case. It can ensure that your legal rights are protected and that you recover the compensation you deserve. Our multilingual legal staff can assist you in English, Spanish, Greek, Tamil, Bengali, or Kannada. Reach out to Friedman & Simon, L.L.P. today to discuss your Long Island personal injury case at 516-932-0400.

Question 51

How Much Does It Cost To Hire A Car Accident Lawyer In New York?

Accepted Answer

Contingency basis fees are the standard payment arrangement between clients and their personal injury attorneys in New York. This means it does not cost you anything to hire a car accident lawyer in New York. A car accident lawyer does not collect attorney’s fees unless and until you obtain compensation. Call Friedman & Simon, L.L.P. today for a free consultation. During your consultation, you can learn more about how a New York car accident lawyer can help you and about the fees you can expect at the end of your case, due only if you win.
Call us today for your free consultation at 516-932-0400.
Why You Want to Consider Hiring a New York Car Accident Lawyer
A car accident lawyer will represent you during this difficult time, fighting to make your life easier following an accident.
Your Car Accident Lawyer Will Fight to Win the Maximum Compensation for You
Our car accident lawyers will fight to help you collect the maximum amount of compensation possible. Car accidents can leave you with significant financial expenses including medical bills and lost wages.
There are also additional costs to consider such as childcare or rehabilitative costs. Working with a lawyer that is familiar with New York’s car accident laws can help you cover all the expenses you incur and anticipate including:

Current and future medical costs
Property damage
Diminished earning capacity
Lost wages
Impaired quality of life
Emotional pain and suffering

If you lost a loved one in a New York car accident, we will fight on your behalf to  collect the compensation you need and deserve for this tragic wrongful death. Call us today to get started seeking justice for your loved one: 516-932-0400
Your Car Accident Lawyer Will Build Your Legal Case
In our work to build your case, New York car accident law requires that we establish liability on the offending party. Your New York car accident lawyer will immediately begin investigating all the facts and circumstances of the accident. We will work to establish the at-fault parties’ negligence in the following ways:

Obtaining a copy of the police report
Interviewing witnesses
Bringing in expert witnesses when indicated to demonstrate medical or financial damages
Obtaining photo or video evidence from the scene of the accident

These important documents can determine liability in a car accident case and identify who is responsible for covering your damages.
Your Car Accident Lawyer Will Manage Your Legal Case
Suffering injuries from a car accident can put you in a difficult situation. Your injuries may require extensive medical care. They may also prevent you from returning to work. Your New York car accident lawyer will manage the details of your case while you focus on your medical treatment and recovery.
The legal representation services provided to you include communication with insurance companies, the opposing law firm(s), the Court and assorted vendors whose services are needed, such as, for example, court reporting agencies and language translation services, together with any other requirements that arise as a result of the case.
It is critically important to your case to be mindful of the limited amount of time to file a car accident lawsuit in the state of New York as well as other time limitations that apply to car accident claims. Failing to meet these deadlines can render you ineligible to receive  the benefits you deserve.
There are some exceptions to the statute of limitations on car accidents in New York, so if you were injured in an accident some time ago but did not seek legal advice yet, it is in your best interest to consult with an experienced car accident lawyer as soon as possible.
We understand that for some people, dealing with the consequences of a car accident is so overwhelming that they put off reaching out to a car accident lawyer to protect their legal rights. If that was your experience or the experience of a family member or friend whom you are assisting, rest assured that if you choose to consult with us and retain our services, the legal team at Friedman & Simon, L.L.P. will take all the necessary steps to protect and advocate for your rights and their rights in a timely and effective manner..
Your Car Accident Lawyer Will Protect Your Rights and Represent Your Best Interests
With Friedman & Simon, L.L.P. as your attorneys, you can rest easy and focus on your medical treatment, health and recovery, knowing that you have a legal team with over a quarter-century of experience representing you. Often, when car accident injury victims who have not retained legal counsel are contacted by the offending party’s insurer, that insurance company may attempt to offer a settlement that fails to cover the full extent of damages. 
The insurer hopes that the attraction of “quick money” in the context of injuries that are not yet fully diagnosed or treated may tempt some victims to sell their rights for a fraction of what the victim deserves. Additionally, if the case proceeds,  the offending party’s lawyers may attempt to place some, most or all of the blame for the accident on you, the injured victim. That insurance carrier and law firm has the objective of paying you nothing or as little as possible.  Our objective is to protect your rights and recover as much as possible for you, to compensate you for all the harm you have suffered. 
Working with a New York car accident lawyer who is representing your best interests can protect you from common tactics that could reduce your eligibility for compensation, even when the other driver is at fault.  We have worked with tens of thousands of car accident victims and we know how best to help you.
Discuss Your Case With A New York Car Accident Lawyer Today
There is no cost to you to discuss the details of your case with a New York car accident lawyer. With strict filing requirements, it is important to start this process as soon as possible to protect your rights.  The sooner you contact us the greater our opportunity to build the strongest case possible for you.
We have handled many, many car accident cases in New York for over 25 years,  giving our clients the compassion and legal representation that they deserve. We can manage your case wherever you live in the New York metropolitan area or on Long Island. Our multilingual legal team is available to assist you in English, Bengali, Kannada, Greek, Spanish, or Tamil. Call Friedman & Simon, L.L.P. today for your free, no-obligation consultation: 516-932-0400.

Question 52

What Should You Do If You’ve Been Injured At a Grocery Store?

Accepted Answer

There are several steps you should take if you’ve been injured at a grocery store. Your first step should always be getting medical attention.
Seek Medical Attention for a Grocery Store Injury
Although your first instinct may be to hop up and proclaim that you are unhurt, resist this urge. Adrenaline and embarrassment are a powerful combination for masking or understating the severity of actual injuries you may have sustained. You may even feel fine immediately after the accident but, later, you could experience significant pain in your neck, back, wrist or any other part of your body that was directly caused by the grocery store injury.
If these injuries ultimately call for a claim, it is likely that the grocery store and it’s insurance carrier will try to use any of the immediate post-accident circumstances to show that no injury was in fact sustained in the grocery store or that, an injury that was sustained was much less severe than the victim claims. 
To be safe, seek emergency medical attention. Ask a store employee or, if necessary, a bystander, to call 911.
Do not say you are fine or unhurt if anyone asks. You do not know that yet and a statement of this nature could provide grounds for later denying a slip and fall or premises liability claim.
Document Your Grocery Store Injury Accident Thoroughly
If you can safely do so, collect as much information as you can. Enlist others to assist you, if necessary. To document your accident:

Take photos of the scene (If the hazard was on the floor or the defective condition of the floor, if ground-level photos can be taken, they may be helpful.)
Collect the names and contact information of anyone who witnessed your accident (If this is impossible or if they are uncooperative, try to note their physical description in as much detail as possible.)
Ask others to share any photos or videos with you

Focus on documenting any hazards that may have contributed to your injury, such as a spill, a loose floor mat, an unsecured cord, missing handrail, etc. The more evidence you have of any potential hazard, the stronger the case against the store will be if it allowed the condition to remain without repair, warning or barricading off the area.
Inform Store Management of Your Grocery Store Injury Accident & Injury
If the store management is not already aware of your injury, make sure to notify them as soon as possible. Make sure the manager makes a formal report of the accident. The grocery store should provide you with a copy of this report. Otherwise, the store may attempt to deny the event later.
If the manager or other store employees refuses to provide his or her name, please note, in as much detail as possible, their physical description.
If anyone asks you to sign anything, refuse to do so until you speak to a slip and fall / trip and fall attorney.
Do Not Give a Statement to the Insurance Company
You can expect a call from the grocery store’s insurance company or a claims adjustment company or an investigator working on their behalf soon after your accident. The caller will likely request a recorded statement from you or possibly ask you to sign documents. Never give a recorded statement, sign anything or even discuss the details of the accident, your injuries or treatment without first talking to a member of our team.
The insurance company will almost certainly use your statement against you later, as a reason to deny an injury claim. Depending upon the substance of any statement made, the insurance company may seek to use it against you if the case is litigated or goes to trial. The documents that the carrier or these other parties working on their behalf asks you to sign could compromise your legal right to recover compensation for your injuries and other damages.
If the insurance company believes you have a strong case, it might offer you a quick (usually very small) settlement. Do not accept any settlement without first consulting your attorney. If you agree to a settlement before you determine the value of your claim, you could be accepting a settlement that discounts the true value of your claim by a tremendous amount of money.  
Contact a Slip, Trip, and Fall Accident & Injury Lawyer
As soon as possible, contact a slip and fall & trip and fall accident lawyer at Friedman & Simon, L.L.P.
New York law allows people to sue if they were injured on another party’s property, whether it is public or private. Grocery stores and other retail outlets have a duty of care to provide a safe environment for the public. In the event of a spill or another potential hazard, the store must provide clear warning or block off the area, to avoid exposing shoppers to unnecessary harm. If the store knew about a potential hazard — or should have known about the hazard — and failed to take action, it may be liable for your damages.
Our legal team will investigate your accident and injury. We obtain evidence to document the accident and establish liability for your injuries. We identify your economic and non-economic damages to establish the value of your injury claim and get you the maximum compensation possible.
Continue Medical Treatment and Focus on Your Recovery
If, as a result of your injuries, you remain symptomatic, it is best that you continue attending doctor’s appointments and follow your doctor’s orders.
For example, if you are still in pain or if you still have a limited range of motion or other functional deficits, or if you have developed new injuries as a result of the original injuries, (for instance, the gait disturbance of a hip injury resulting in a subsequent injury to a knee) ongoing medical care is critically important.
Such care is important not only because alleviation of pain and restoration of function are so important to your quality of life, but also because we will use the treatment records as evidence of the severity and duration of your injuries.
Generally speaking, the insurance company for the grocery store will press every opportunity to claim your injuries are not as serious as you state. Gaps in treatment or premature cessation of treatment, even if the result of life circumstances that may make attending treatment difficult, will almost always be used by the insurance carrier to discredit your claims. The insurance carrier may even attempt to use gaps or early termination of treatment to allege you are contributing to your injuries. (That is, further indicated treatment would have helped you recover sooner or to a greater degree but “failure” to have such treatment has actually worsened your condition”).
Let Our Team Help You Recover the Compensation You Deserve
When you have a personal injury lawyer from Friedman & Simon, L.L.P. working on your behalf, we handle all the legal details. Our team manages every aspect of your case and communicates with all parties on your behalf. This allows you to focus on recovering from your injuries. We document your case to establish liability and calculate the value of your case based on your injuries and other damages.
You may be entitled to recover compensation for:

Medical treatment
Lost wages and benefits
Pain and suffering
Emotional trauma
Diminished earning capacity
Diminished quality of life

If you lost a loved one due to injuries they sustained as a result of the negligence of a  grocery store’s owner(s), manager(s) or employee(s) or of any agent or third party acting on their behalf, (for example, an outside company that comes in to wax the floors, or fix a refrigerator leak), we are ready to make  wrongful death claim on your behalf  The sooner you contact us the greater our opportunity to build the strongest case possible for you.
Contact Friedman & Simon, L.L.P. today at 516-932-0400 for a free consultation.

Question 53

Can You Sue If You Get Hurt On Someone&#8217;s Property In New York?

Accepted Answer

You may be able to sue if you get hurt on someone’s property in New York.
A slip and fall injury lawyer can evaluate your case to determine if another party was at fault for your injuries and establish liability for your damages. You may be entitled to compensation for your medical treatment, lost wages, pain and suffering, and related losses.
Who Is Responsible for Injuries You Sustain on Someone’s New York Property?
In most cases, the property owner is your liable party. Whether you can hold the property owner responsible for injuries you sustain on their property depends on whether they behaved negligently.
Property owners have a legal duty to reasonably protect visitors from undue harm. If they know or should have known about a hazard on their property, they must take action to resolve the issue. Until resolved, they must warn others about the hazard or take other appropriate steps to prevent an injury. If they fail to do so, they have behaved negligently and may be liable for your injuries.
Some common causes of premises liability accidents include:

Cracked concrete or asphalt
Missing handrails
Accumulated snow or ice
Spills and water leaks
Loose rugs or mats
Unsecured cables or cords
Unmarked steps and curbs
Insufficient lighting

For example, you sustained injuries after falling down a stairwell because of a broken handrail. You may have grounds to pursue a legal claim if the property owner knew the condition was a hazard but failed to take action to prevent an accident.
How Do You Prove Fault & Liability for Your Injuries?
The slip and fall lawyers at Friedman & Simon, L.L.P. will investigate your accident and injury to identify the party (or parties) who were responsible for your accident.
To prove liability, our attorneys must demonstrate these elements:

The property owner owed you a duty to keep their property safe from hazards.
The property owner failed in this regard.
This failure caused your injuries.
You suffered damages.

At a residence, for example, the property owner must maintain the sidewalks in a condition that others can safely walk on. If the property owner noticed a potentially hazardous concrete crack but failed to repair the problem or block the area, they may be liable for your damages if you fall because of the crack.
The same premises liability principles apply to commercial properties. However, commercial properties that are open to the public are often held to an even higher standard of care.
We Can Help You Hold the Property Owner Responsible
We understand this complex area of the law. At Friedman & Simon, L.L.P., our legal team investigates and documents a premises liability injury case using information that may include:

Photos or videos of the hazard
Statements from witnesses
Accident reports
Safety or claims history
Expert opinions

New York law gives injured parties a short time to take legal action for injuries sustained while on someone else’s property. Contact our team today to ensure you do not lose your right to recover compensation for your damages.
How Much Are You Entitled to Recover?
If the property owner has liability for your accident and injuries, you may be entitled to recover all physical, emotional, and economic damages you sustained. This may include:

Medical treatment
Lost income
Pain and suffering
Mental anguish

If your injuries require future or ongoing care, you may have the right to recover compensation for your future medical treatment. If you cannot return to work or if you cannot resume your former job duties because of your injury, you may qualify for compensation for future income losses and diminished earning capacity.
If a loved one died from injuries they sustained on someone’s property, you may have grounds to pursue a wrongful death claim.
How a Slip, Trip and Fall Accident & Injury Lawyer Can Help You
A slip and fall lawyer at Friedman & Simon, L.L.P. can help you determine the best course of action for you, based on the details of your case. Since 1991, we have helped injured parties in New York, pursuing justice and helping them recover compensation for their damages.
After an injury such as yours, the property owner’s insurance company may contact you. It may request a statement, ask you to sign documents, or even offer you a quick — often very low — settlement for your injuries. Before you give a statement or agree to sign anything, contact our office for a free consultation. Otherwise, you could be giving up your legal right to pursue the compensation you deserve for your damages.
For a no-cost, no-obligation consultation, contact Friedman & Simon, L.L.P. today at 516-932-0400.

Question 54

Why Should You Hire an Auto Accident Lawyer?

Accepted Answer

You may want to hire an auto accident lawyer because they can help you recover the compensation you need for your injuries and other losses. Managing an auto accident claim can be difficult. An auto accident lawyer will navigate this complex area of the law on your behalf, to protect your legal rights and recover the maximum financial compensation available to you.
An Auto Accident Lawyer Helps You Recover Maximum Compensation for Your Damages
Our legal team identifies all physical, emotional, and financial damages you suffered. We document your damages fully to establish the value of your case. Depending on the details of your case, you may be entitled to compensation for:

Medical treatment and care
Lost wages and benefits
Personal property damage
Diminished quality of life
Pain and suffering

If your injuries require ongoing treatment, your lawyer will pursue compensation for your future treatment. You may also have the right to recover compensation for diminished earning capacity and any permanent damage or disability you sustained.
If a loved one died due to their injuries, an auto accident attorney can pursue a wrongful death claim on your behalf.
An Auto Accident Lawyer Establishes Fault & Liability for Your Accident and Damages
To recover the compensation you need to move on with your life, you must prove another party is at-fault. To do so, it is best to retain the services of a lawyer who has the specific education and experience to represent you. 
That is where an accident lawyer comes in. Your car accident lawyer will thoroughly investigate and document your accident to prove which party or parties caused or contributed to your injuries. By demonstrating how the at-fault party&rsquo;s negligence caused your accident and injuries, your legal team will establish liability for your economic and noneconomic damages.
The Friedman & Simon, L.L.P. legal team builds the most persuasive case possible, using information that may include:

Accident reports
Witness statements
Medical records
Income records

We may call on medical professionals and other expert witnesses for opinions to support your case, helping us achieve the best possible outcome for you.
An Auto Accident Lawyer Protects Your Legal Rights
You have a limited time to pursue legal action for your car accident injuries and damages. Your lawyer will work closely with you to protect and preserve your legal right to recover compensation.
Your lawyer will also protect you from any actions the at-fault party&rsquo;s insurance company may take to minimize their financial responsibility. These tactics may include offering an undervalued settlement in exchange for a liability waiver or requesting a recorded statement that the adverse insurer hopes to use to support a denial of your claim.
An Auto Accident Lawyer Handles Every Detail of Your Case
As you focus on recovering from your injuries and getting your life back on track, you should not have to worry about the details of a legal case. The Friedman & Simon, L.L.P. car accident lawyers handle every detail of your case, so you are free to concentrate on your recovery.
We communicate with all parties on your behalf, including other attorneys, representatives from the insurance company, and any other party involved with your case. We will also update you on significant developments in your case, so you are never in the dark.
An Auto Accident Lawyer Will Be a Compassionate Advocate for Your Future
When you trust a car accident lawyer from Friedman & Simon, L.L.P., we will provide compassionate legal representation and fight to recover all the compensation you need for the future.
We handle all types of car accident cases, including truck accidents, motorcycle accidents, bicycle accidents, and pedestrian accidents, and tailor our services to meet your unique needs. Our legal team is multilingual, and we can assist you in many languages, including English, Spanish, Greek, Bengali, Tamil, and Kannada.
An Auto Accident Lawyer Collects No Fees Unless and Until You Recover Compensation
You do not have to worry about out-of-pocket costs for your car accident lawyer when you work with Friedman & Simon, L.L.P. Your initial consultation is free, and we never collect a fee unless and until we recover compensation for your damages.
Call Today to Get Started: 516-932-0400
Since 1991, we have served as compassionate advocates for car accident victims. We will hold the at-fault party responsible and fight to recover the maximum compensation for your injuries and other damages. We will be by your side throughout the legal process, providing guidance, answering your questions, and providing the information you deserve.
Contact Friedman & Simon, L.L.P. today at 516-932-0400 for a no-cost, no-obligation consultation.

Question 55

How to Obtain a Car Accident Police Report in New York City or Long Island

Accepted Answer

It is easy to obtain a car accident police report for accidents that happened in the City of New York or on Long Island. It has been our experience that the easiest way to get a report for accidents that happened in the City of New York is to visit any NYPD precinct.  The easiest way to get a report for an accident that happened on Long Island is to visit the NYS Department of Motor Vehicles website. (https://dmv.ny.gov/)

Requesting Your Accident Report from the Police Station

Use the Incident Report provided by the investigating officer at the scene to obtain the report directly from the precinct if the accident took place in the City of New York or to request the report online, at https://dmv.ny.gov/ if the accident took place in Nassau County or Suffolk County
In the City of New York there is no fee to obtain a copy of the report. (Of course, the rule providing a “free report” can change. Please call the precinct before visiting to confirm that is still the policy).
What to Do If You Do Not Have the Receipt
Sometimes, people need a Police Accident Report and they do not have the Incident Report. For example, if you are a passenger or pedestrian that was involved in an accident, it is quite likely that the responding officers did not provide you with any documentation. 
If you do not have the receipt, give the clerk:

Your full name
Date of the accident
Approximate time and location of the accident
A license plate number of at least one of the involved vehicles

The clerk should be able to use this information to retrieve your case details.
Requesting Your Accident Report from the New York State Department of Motor Vehicles
For accidents that occurred in Nassau County or Suffolk County, we have found it best to request the report from the New York State Department of Motor Vehicles (NYSDMV). There are two ways to request your accident report:

Online: To obtain your accident report online, you will need a credit or debit card and you must fill out this form. You must have at least one of the following pieces of information: the plate number of a vehicle involved in the accident, or the 8-digit DMV case number (which can be found on the Incident Report). The cost of requesting a report online is $22 ($7 for the search fee, $15 for the report). Of course, fees are subject to change.
By mail: We greatly prefer utilizing the online request method because of the immediacy of the results so that other necessary documentation (No Fault Benefits Application, NF-2, for example) can be filed promptly. However, for those who prefer mail, the procedure is as follows: To obtain a report through the mail, you must fill out a Request for Copy of Accident Report. The form asks you to provide as much information as possible about the accident (e.g., when and where the accident occurred, the police precinct that responded, the license plate numbers of any involved vehicles, etc.). The cost of requesting a copy by mail is $25 (a $10 search fee and a $15 report fee). Again, fees are subject to change.

Whether you obtain the police accident report online or by mail, be sure to save proof of payment as you may submit this to the No-Fault Insurance carrier for reimbursement.
What To Do If You Believe the Police Report Is Incorrect
Because the police were likely not there when the accident occurred, the accident report might be incorrect. If so, you can seek to amend the report. Please note, since the report is the product of the responding officer’s investigation, the decision as to whether or not to amend the report is generally subject to the officer’s discretion.
We recognize that the Police Accident Report may be wrong. We advocate for you. If your recollection of the accident, the physical evidence or witness statements vary from the account in the police accident report, we will vigorously fight to prove that the accident happened in a manner consistent with your testimony and that the police report is incorrect. 
Why You Need the Accident Report for Your Case
The police report contains facts of the car accident, as well as the opinions of the people involved. Insurance companies use it to conduct their own investigations. It can also help prove how the accident occurred. The report contains notes from the investigating officer, and includes information such as:

Insurance information for all involved vehicles
Distances between landmarks and other objects
Contact information for the motorists and witnesses
The damage done to the vehicles
The weather conditions
A diagram of the accident scene
Statements from the involved parties
Violations of the law
Opinions of drivers, witnesses, and the officers who responded to the accident

This report may help us in:

Proving the accident occurred
Proving fault
Identifying insurance carriers to contact and put on notice
Linking your injuries to your accident

If you are having trouble obtaining your accident report, our team can help. We can obtain the report from police or from the NYSDMV as we perform our investigation into your accident.
Call Friedman & Simon, L.L.P. for Help Recovering Compensation
The Friedman & Simon, L.L.P. car accident team wants to help you recover the compensation you deserve for your injuries and other losses. We will gather all necessary evidence, establish fault, and handle all other elements of your accident case. This allows you to focus on recovering from your injuries.
We want you to be as comfortable as possible as we are handling your case, so we employ a multilingual staff that can assist you in:

English
Spanish
Tamil
Bengali
Kannada
Greek

Call us today to see how a car accident lawyer can help you recover the compensation you need for your medical bills, lost wages, pain and suffering, and other accident-related losses. The consultation is free, and we do not recover attorney’s fees unless and until you recover compensation: 516-932-0400.
Do not delay. Various time period limitations apply to your case and failure to act promptly can negatively affect your rights. The sooner you contact us the greater our opportunity to build the strongest case possible for you.

Question 56

Who Can I Sue for Being Hurt at a NYC Construction Site?

Accepted Answer

You may be able to sue several parties for being hurt at a NYC construction site, including:

Property owner
General Contractor
Subcontractors
Product manufacturers

Potentially Liable Parties in a NYC Construction Site Accident Claim
Property Owners
By law all property owners must provide reasonable and adequate protection for all persons at a construction site. In certain instances, this rule applies even if the owner had no knowledge of or control over a dangerous condition at the construction site.
Negligent Workers or Contractors
In many cases, several contractors work on a construction site. If one of their workers caused or contributed to your injuries, you may be able to sue the other company.
For example, you may sue if a worker of another contractor created a slipping hazard in a walkway which caused you to fall and suffer an injury.
Product Manufacturers
If your construction injuries were a result of malfunctioning tools or machinery, the manufacturers of these products may be liable for your injuries.
For example, you may sue if the tip of a tool broke off and struck you in an exposed part of your body, or the wheel flew off of the construction vehicle you were driving, causing an accident.
Call Friedman & Simon L.L.P. to determine whether you have a valid case: 516-932-0400.
You Will Likely Not Be Able to Sue Your Employer
In most cases, you will be unable to sue your employer due to workers&rsquo; compensation laws that protect employers from employee litigation. However, our team will investigate your accident to determine any other potentially liable parties and go after them for the compensation you deserve.
Labor Law 240
Labor Law &sect; 240 requires contractors and property owners to provide proper safety devices to protect workers from elevation related risks. Failure to do so can leave them liable for any injuries that result. In many cases, this law gives us the opportunity to hold one of these third parties liable.
Our attorneys will investigate your accident and determine if this law applies. If so, we will build a case to hold all responsible parties liable for the injuries you suffered.
Recoverable Compensation in a NYC Construction Accident Lawsuit
New York construction workers who sustain injuries on the job are usually eligible to receive workers&rsquo; compensation benefits.
However, workers&rsquo; compensation benefits only cover a small amount of your losses, including:

Medical care
A portion of your lost wages
Death benefits (for surviving family members)

This can leave you paying thousands or more out of pocket. When you file an injury lawsuit, you can recover the following types of damages:

The remainder of your lost wages
Diminished earning capacity (if your injuries require you to work fewer hours or retire)
Loss of benefits
Pain and suffering
Impaired quality of life
Emotional distress
Mental anguish

If you are experiencing any of the above because of your construction site accident, speak with an attorney from Friedman & Simon, L.L.P. for more information.
Friedman & Simon, L.L.P. Can Help Surviving Family Members File Legal Action
If your loved one died from the injuries they suffered in a NYC construction site accident, the Friedman & Simon, L.L.P. personal injury attorneys can file a wrongful death action on your behalf and recover compensation for:

Economic loss (such as medical bills, the deceased&rsquo;s lost wages, etc.)
The deceased&rsquo;s &ldquo;conscious pain and suffering&rdquo; (if your loved one survived the injuries they suffered and later passed away as a result of those injuries, you can recover compensation for the pain they suffered during this time)
Loss of parental care and guidance (only children of the decedent can recover this type of damage)

Do Not Risk Missing Out on the Compensation You Deserve
There are time limits of which you should be aware for both personal injury and wrongful death lawsuits. If you fail to file within this time, you will be unable to recover compensation. Call our team as soon as possible to protect your right to recover the compensation you deserve for your construction site accident injuries.
Speak to an Attorney Today
Are you looking for more information about your right to recover damages as a construction worker? Are you seeking compensation for your injuries or a loved one&rsquo;s death? Our law firm can help.
A construction site accident lawyer from Friedman & Simon L.L.P. will review the evidence of your case, determine the liable parties, and give you advice as to what steps you should take to protect your interests.  
We have a multilingual staff which can help you in English, Spanish, Greek, Tamil, Bengali, or Kannada.
Call 516-932-0400 to speak with a New York attorney from Friedman & Simon L.L.P. today.

Question 57

How Long After A Car Accident Can You Sue In NY?

Accepted Answer

You only have three years after a car accident to sue in NY. In some cases, this time limit (known as the “statute of limitations”) may be much shorter, such as if the liable party is a government entity. Additionally, there may be other critical deadlines that are very short. As just one example, cases against a governmental / municipal entity will likely call for the service of a “Notice of Claim” within 90 days of the accident. 
Those who miss the Statute of Limitations and other deadlines create a risk that they will recover nothing. Do not risk losing your rights to the recovery you deserve. Call a car accident attorney from Friedman & Simon, L.L.P. so you can rest assured that all statutory and other deadlines are being met on your behalf. 516-932-0400.
Exceptions to the Statute of Limitations on Car Accident Lawsuits
There are a number of exceptions that will extend the time periods governed by the Statute of Limitations. One important exception, for example, is that if the party injured in a car accident is a child, they have up until three years after their 18th birthday to file their lawsuit.
In this example, if the injured party is a 17-year-old who suffered injuries in a car accident, they would have until their 21st birthday to sue the driver(s) who caused their accident.
Consequences for Waiting Too Long to Sue in New York
If you fail to file a lawsuit within the time allotted by CPLR § 214, you will be unable to recover compensation for your injuries.
However, there are other consequences that you face if you wait to file:

Memories fade
Witnesses move away, die or become otherwise unavailable
Evidence may be lost or destroyed

All of these can make it much more difficult to gather the necessary evidence and build a successful case.
If you work with a Friedman & Simon, L.L.P. car accident attorney, we will gather all necessary evidence and make sure that the necessary steps are taken to protect your rights within the applicable periods of time limitation.
Time Limit for Filing a New York Wrongful Death Claim
If your loved one died in the accident, there is another time limit of which you must be aware of. You have two years to file a wrongful death action in New York, per N.Y. E.P.T.L. § 5-4.1.
If a wrongful death lawsuit is not commenced within two years from the date of death, the at-fault party will likely be able to assert that the failure to act before the expiration of the Statute of Limitations is a complete defense to the action.  In such a case there would be no recovery against the at-fault party for the survivors harmed by the wrongful death.
How New York’s No-Fault Laws Can Affect Your Case
In New York, car accident cases are regulated by the No-Fault Law. This means that claims for medical expenses and lost earnings are submitted to the insurance company of the car that you were driving or a passenger in or, if you were a pedestrian or bicyclist, of the car that struck you 
The application for No-Fault Benefits (Form NF-2) must be filed within thirty (30) days of the date of the accident.  Failure to file the NF-2 in a timely manner may result in an insurance carrier issuing a Denial of Benefits and refusing to make payment for expenses already incurred (e.g., ambulance, emergency treatment, treatment-to-date, etc.,) as well as necessary future treatment.  Accordingly, the time limit for filing for No-Fault benefits is another critical deadline that must be met in a timely manner.
To successfully claim compensation beyond the benefits provided by No-Fault, a party must be able to prove that they have suffered, serious injuries. Per Article 51 of the New York Insurance Law, a serious injury is one that results 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
An injury that prevents the injured party from performing typical daily tasks for at least 90 of the first 180 days following the injury

Recoverable Damages in a New York Car Accident Lawsuit
Under the No-Fault law, your personal injury protection (PIP) insurance will cover, at a minimum, your reasonable medical expenses and 80 percent of your lost wages (to a maximum of $2,000.00 per month) up to the limit of your policy ($50,000). In a case involving serious or catastrophic injuries that can quickly eclipse this limit, other sources of payment for treatment or lost income must be explored, ideally in consultation with a knowledgeable New York car accident lawyer.

Our team will investigate your accident to determine the damages to which you may be entitled. However, a car accident injury lawsuit may allow you to recover compensation for any of the following types of damages:

Medical bills your PIP policy may not cover (e.g., future medical care costs)
Assistive devices
The remainder of your lost wages
Diminished earning capacity (if your injuries keep you from returning to work)
Any out-of-pocket costs
Pain and suffering
Impaired quality of life
Emotional distress

Speak to a New York Car Accident Lawyer
Are you looking for a lawyer to represent you in your car accident case? Do you need more information regarding your rights as an injured New York motorist? We invite you to speak with an experienced and caring Friedman & Simon L.L.P. car accident lawyer right now, with no cost and no obligation.
Once you retain Friedman & Simon L.L.P. our team will determine how much time you have left to file and make sure your injury or wrongful death claim will be prosecuted in a timely manner. We want you to have peace of mind that all deadlines are being met.  We want you to recover the compensation you deserve for your injuries.
Call us today for your free consultation: 516-932-0400. Our multilingual staff can help you with any of the following languages:

English
Spanish
Tamil
Greek
Kannada
Bengali

Call now, don’t delay.

Question 58

What Is The Statute Of Limitations On A Car Accident In New York?

Accepted Answer

In most cases, the statute of limitations on a car accident in New York is three years. However, the amount of time you have to file a lawsuit against the other drivers can vary.
If you attempt to file a lawsuit outside of this time limit, you will likely be unable to recover compensation.
How long ago did your car accident take place? Speak to a car accident attorney to protect your right to recover compensation.
The Time Limit Is Different If You Are Filing on Behalf of Someone Who Died
If your loved one died as a result of the car accident, the type of lawsuit you are filing against the liable party changes.
Instead of a personal injury lawsuit, you will file a wrongful death action.
You must file a wrongful death action within two years of your loved one’s death, per EPT § 5-4.1. Keep in mind, the date of your loved one’s death may differ from the accident date.
Again, attempting to file outside of the two-year limit for a wrongful death car accident will prompt the court to dismiss your case. This will leave you unable to pursue justice for your loved one’s death.
Exceptions to the Statute of Limitations for a Car Accident
There is one notable exception to the statute of limitations. If the injured party is a child, they have until three years after their 18th birthday to file a lawsuit. This is known as “tolling” (i.e., pausing) the statute of limitations.
If a child injured in a car accident fails to file a lawsuit by their 21st birthday, they will be unable to recover compensation.
Note: In some cases, such as those involving the liability of a governmental entity the statute of limitations and other applicable deadlines can be significantly shorter. For example, in a case against a municipality or public authority, a Notice of Claim containing specific content must be served within 90 days from the date of accident. Failure to timely serve such a notice can be potentially fatal to a claim.
Remember That Other - Much Shorter! - Deadlines May Apply To Your Case
New York is a no-fault state, which means certain damages (e.g., medical expenses and lost earnings up to certain dollar amount), are, as a general rule, covered by the insurance carrier of the injured person’s host vehicle without regard to fault. (Pedestrians and bicyclists would first look to the insurance carrier of the vehicle that struck them for medical treatment costs and lost earnings). The time limit to apply for these benefits is only thirty (30) days from the date for the accident.   
The team at Friedman & Simon, L.L.P. will take action on your behalf to make sure all deadlines are met and controlling statutes are complied with. Call today to learn more: 516-932-0400.
Recovering Compensation If You Share Fault for the Accident
Even if your actions played a role in the accident, you may still be able to recover compensation.
Based on New York’s comparative negligence law, a person who is partially responsible for the accident can still receive compensation for their injuries and other losses.
In such a case, the injured yet partially responsible person can potentially recover the percentage of their damages that is equal to the other party’s percentage of fault.
For example, assume (hypothetical) Driver 1 was speeding through an intersection when a car turned left in front of him. The investigation determined the other driver was 90 percent at fault for the accident. However, because Driver 1 was speeding, Driver 1 was 10 percent at fault for the accident and his injuries. Driver 1 would be able to recover 90 percent of the value of his damages. If the value of Driver 1’s case was $1,000,000.00, Driver 1 would be potentially able to recover $900,000.00.
Filing a Successful Car Accident Injury Lawsuit in New York
To file a lawsuit car accident lawsuit in New York, our team must prove the other party was negligent and, therefore, liable for the crash and the injuries you suffered.
Some examples of the other driver’s negligence may include:

Failing to yield
Distracted driving
Following too closely
Drunk driving
Unsafe lane changes
Reckless driving/road rage
Drowsy driving
Speeding
Turning improperly
Inexperienced driving

A car accident lawyer at Friedman & Simon L.L.P. can review the details of your accident and begin working on your case to prove the other party’s negligence on your behalf.
Discuss Your Options With New York Car Accident Attorney
Do not risk jeopardizing your right to recover compensation. Act quickly and get in touch with a car accident lawyer at Friedman & Simon, L.L.P.
We can determine how long you still have to file a lawsuit and begin the process in time to protect your right to compensation.
Call Friedman & Simon L.L.P. at 516-932-0400 to discuss your car accident case. We can assist you in English, Spanish, Kannada, Greek, Tamil, and Bengali. And you do not need to worry about paying upfront as we do not recover attorney’s fees unless and until we get you compensation.

Frequently Asked Questions