Blog

The question that is at the back of the minds of most accident victims pursuing a personal injury claim is: how long will my lawsuit take? They often ponder whether it is worthwhile to seek compensation for their injuries, especially when the whole labyrinthine process is moving at a snail’s pace and the medical bills are piling up. The question that is at the back of the minds of most accident victims pursuing a personal injury claim is: how long will my lawsuit take? They often ponder whether it is worthwhile to seek compensation for their injuries, especially when the whole labyrinthine process is moving at a snail’s pace and the medical bills are piling up. While the circumstances surrounding each personal injury case in New York may be different, making it impossible to predict the time needed for its resolution, it typically takes between one to three years to negotiate a settlement or obtain a verdict in personal injury litigation. Here are some of the findings from studies conducted by the United States Department of Justice and the National Center for State Courts: The time taken for tort trials, on average, from the date of filing a lawsuit to the date of receiving a verdict, was 25.6 months. The longest processing time was taken up by product liability trials (35.1 months, on average), and medical malpractice cases (33.2 months). Most of the tort cases reach a resolution before the trial stage, and only about 3 percent go on to receive a bench trial verdict. Personal Injury Claim Process A number of factors affect the duration of a personal injury case settlement or litigation. Let us take a brief look at each step of the litigation process, the average time taken by each step, and the factors instrumental in speeding up or slowing down the entire process. Hiring an Attorney If you have sustained personal injuries and suffered other damages in an accident due to someone else’s negligence or wrongdoing, we recommend engaging an experienced personal injury lawyer to handle your compensation claim. Most personal injury attorneys do not charge a fee for initial consultations. However, you need to keep in mind that lawyers are busy, so they may not be available as soon as you reach out. It may also take you a while to identify the right attorney for you. Given these reasons, you must start the process of hiring a lawyer as soon as possible. Initiating a Personal Injury Case The first steps your lawyer needs to take in order to initiate an official civil lawsuit, include: File a complaint setting forth the details of your case and the compensation amount you are demanding, in the appropriate court, along with the accompanying filing fee. Serve the negligent party with summons notifying them that you are using them, and a copy of the complaint. Once your lawyer agrees to represent you, they need to determine the relevant statute of limitations. The statute of limitations stipulates the amount of time you have as a plaintiff to file a lawsuit. The statute of limitations is different in each state but is typically between one to three years. Keeping this in mind, your attorney will draft the complaint which might take anywhere from one week to one year, to draft and serve, depending upon some of these factors: How complex is the case? For instance, how many defendants are included in the complaint? Is your lawyer willing to negotiate before filing the complaint? Are the defendants making attempts to evade service of summons, or cannot be located? Discovery Process The parties to a lawsuit exchange information in a pre-trial process called discovery. The information exchanged typically includes: Police reports Medical records Company emails Security footage Depositions, which provide both parties with opportunities to question each other and cross-examine witnesses, are also a part of the discovery process. These depositions require the presence of a court reporter to keep a written record of all the testimonies. The process of discovery generally begins immediately after the filing of the complaint and typically continues until roughly 30 days before the beginning of the personal injury trial. Court Motions The lawyers from both sides file pre-trial motions, requesting the court’s ruling on specific issues, ranging from discoverable documents to proper venue. Pre-trial court motions can be filed soon after filing of the complaint and generally continue until the start of the trial. Some of these motions may consume more time than others, depending upon their impact on the ongoing case. For instance, a motion asking for dismissal of the case will take longer to hear than a motion urging the other party’s lawyer to turn over a particular piece of evidence. Negotiating a Settlement An overwhelming majority of personal injury compensation claims are settled before going to trial. Your attorney may initiate settlement negotiations immediately after the initial discovery. While the settlement can be informally discussed between the attorneys of both sides, they can also make a formal route through the process of mediation or arbitration. Even if your attorney carries out informal settlement negotiations, your approval in rejecting or agreeing to a settlement offer is a must. Settlement negotiations can sometimes be protracted, and it is quite common for a personal injury case to settle just before the start of the trial. Going to Trial If the settlement negotiations break down in your case, it will go to a civil trial where a judge or jury will examine the evidence and give their judgment on whether the defendant or their insurance company is legally liable to pay compensation to the plaintiff. These are the typical stages of a civil trial: Jury selection Opening arguments Cross-examination of witnesses Closing statements Jury instruction Jury deliberation and verdict (pronounced by a judge in case of a bench trial) It is not uncommon for the court to push back trial dates several times over the course of a civil trial. This can also provide the parties more time to work out a settlement in the case. Appealing the Verdict If either the defendant or the plaintiff disagrees with the court verdict, they have the right to appeal. The aggrieved party has 30 days to file an appeal after the court verdict. In case of a successful appeal, the court may allow a new trial or settlement in your NYC personal injury case. When to Sign the Settlement Release Agreement? Negotiations can be arduous and demanding, but you need to hold your nerve and remain unruffled, ensuring that the proposed compensation offer accommodates your needs and meets your expectations. Make sure of the following, before you sign the settlement release agreement: The compensation offered is sufficient to cover your medical bills, lost earnings, and pain and suffering. All future medical expenses, if needed, are also covered. You clearly understand the areas and terms covered under the agreement, such as personal injury expenses and property damage. Carefully review the settlement agreement and release, to ensure that it is commensurate with your verbal agreement. The settlement release agreement is a legal contract, and you must exercise your legal right to consult an attorney before signing the document. Having signed the release agreement, you will not be able to seek or recover any further damages. Once you have signed the settlement agreement, send a written confirmation mentioning the amount and terms of the agreement, to the insurance company adjuster. Factors Affecting the Settlement Timeline Some of the prominent factors that may potentially have a bearing on the time it takes to settle a personal injury claim in New York are: Circumstances of the Case Some personal injury claims, like a slip and fall or a rear-end collision, are relatively uncomplicated. In these claims, the evidence is mostly straightforward and indisputable, leading to a quick and easy settlement. However, a medical malpractice claim can be more intricate and complex. These types of cases may involve protracted discovery hearings and reports from medical experts or financial specialists. Amount of Compensation A $1,000 personal injury claim has much more chances of a quick resolution than a case worth $1 million. Larger cases involving a higher claim will likely see the insurance company trying to stall or delay settlement negotiations, to avoid paying until the scheduled trial dates. An injured party has more leverage as the trial date looms closer. Nature and Extent of Injuries Typically, a personal injury claim involving a mild injury like a sprained wrist will have a quick resolution than a case involving a traumatic brain injury or death. Claims for injuries that are not significantly disabling resolve faster than claims involving more grievous injuries. Slower recovery time in severe injuries necessitates a long-term prognosis. The injured victim may need to be off work for two or more years before a medical expert can certify their disability. Court Caseload Court dates, the backlog of cases in your jurisdiction, and the availability of judges; all play a role in how long your personal injury claim takes. Patience and Perseverance If you are keen to settle quickly, your case may reach a faster resolution. On the other hand, if you can hold out longer, you may end up with a bigger settlement amount, but your case may take longer. Contact Rosenberg, Minc, Falkoff & Wolff, LLP for Help with Your NY Personal Injury Claim Insurance companies, in their bid for quick resolution of the case, often offer low settlements, limiting how much you could actually receive if represented by a seasoned and competent personal injury attorney. While a quick settlement is not the most desirable outcome, some trials may drag out too long. At Rosenberg, Minc, Falkoff & Wolff, we make it our job to keep our client’s long-term interest in mind, while moving cases quickly. If you or a loved one has suffered injuries in an accident in New York, contact us to discuss the options you have to pursue compensation. Call our personal injury law firm at 212-344-1000 or contact us online for a free case evaluation, and our lawyers will get back to you right away. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

Serious harm can be caused by injuries to the eyes. It can result in loss of sight in one eye, total blindness, or even impaired vision. If you or anyone you know has suffered from a serious eye injury, you should work with a skilled lawyer to help your family move forward. The best way to move forward is to have your lawsuit evaluated by a skilled personal injury attorney who can offer advice on your legal rights and options. Serious harm can be caused by injuries to the eyes. It can result in loss of sight in one eye, total blindness, or even impaired vision. If you or anyone you know has suffered from a serious eye injury, you should work with a skilled lawyer to help your family move forward. The best way to move forward is to have your lawsuit evaluated by a skilled personal injury attorney who can offer advice on your legal rights and options. Blindness refers to the absence or loss of perceiving visual images. This can be permanent or temporary. Blindness can occur because of a wide variety of reasons. Many forms of blindness can be improved medicinally or improved surgically with technological innovations. Damage to the optic nerve, any part of the eye, or any part of the brain can potentially result in blindness. Eye injuries are a major cause of blindness, whether chemical or physical. Eye injuries can involve getting a removable or benign substance in the eye or having permanent vision loss. Blindness Caused by Common Accidents Blindness can occur due to the following types of accidents among others: Dangerous Toys Chemicals Car Accidents Side Effects from Dangerous Drugs Defective Products Dog Bites Workplace Accidents Fires and Explosions Other accidents that may result in blindness include: Chemical Burns and Exposure Chemical burns can take place in several ways. They are usually the result of liquid splashing in the eye. Some chemicals, such as household soap, sunscreen, or tear gas are mainly irritants. Alkalis and acids are usually considered high-risk substances which may result in blindness. Alkalis are usually found in ammonia-based products or drain cleaners while acids are found in batteries. Iris Injuries and Corneal Abrasions The cornea is transparent skin that covers the eye. It can easily get scratched by protruding objects or tree branches. Iris is the colored portion of the eye. Being hit by a club, fist, or a blunt object can result in iris related injuries. This injury can cause inflammation of the eye. Common Forms of Eye Injury These are a few common types of eye injuries: Hyphemas This involves bleeding in the front of the eye. It can be because of being kicked in the face or getting hit with a projectile. Lacerations These are cuts that occur from a fall or a sharp object. Ultraviolet keratitis This refers to a common light-induced trauma that is simply a cornea burn. Arc welding, the sun, and tanning can result in dangerous ultraviolet light entering the eye. Foreign objects The human eye is designed to withstand flying objects. But, fast blinking responses and eyelashes are a poor substitute for eye protection. Grit, sand, and other particles may become a threat to the functioning of the eye. Glass, projectiles, and other debris tend to be even more dangerous. Victims may end up suffering cuts or scratches on their eyeballs as well because of days of irritation. Burns Several sources can cause burn damages that go deeper than skin level. Fire, heat, chemical exposure, and spilled liquid can cause spotty vision by entering the worker’s eye. It can also result in blindness in one or both eyes. Bright lights Many forms of occupation, such as welders or lifeguards expose workers to bright lights. They are equally at risk as compared to flash or explosions from a defective electrical object if not provided with adequate safety measures. Head injuries Workers may suffer blindness after being hit on the head. This can be because of a head injury or a sudden impact resulting in brain damage. Trips, slips, and falls or car accidents may result in trauma to the head or face causing irreparable vision damage. Eye Injury Because of Airbag Deployment The primary purpose of an airbag is to prevent the face from going through or hitting the windshield. However, they are also the cause of devastating injuries, including loss of vision in one or both eyes. Airbag deployment can cause fractured eye socket or traumatic iritis. Complications Arising Out of Blindness There are several complications to being blind. This includes anxiety and depression because the victim loses the ability to witness the world around them. Blind people may feel extremely isolated. They may even feel nervous in connecting with people they can no longer see. Most people with a recent eye injury or blindness may have to take classes to understand how to get around. Color blindness has the added complication of finding it difficult to interpret street signs. Filing Eye Injury Claims in New York Eye injury lawsuits in New York City can be brought forth if one party was negligent towards another that resulted in the eye injury. This can be because of one person physically assaulting another. It can also be because of medical malpractice. There are two types of these lawsuits: Negligence This refers to a legal theory in which the injured party can recover damages caused by the carelessness of another. The person is termed negligent if they behave in a careless manner. Everybody owes a duty of reasonable care to each other. Reasonable care can be explained as the ordinary level of care employed by a prudent person. Medical malpractice Medical malpractice specifically refers to the negligence of a medical practitioner or a healthcare professional that results in the injury of a patient. This is when the professional owed a reasonable duty of care to the patient. This involves a vast category of professionals that are held to a certain standard of care. It is highly likely that the professional would be held liable if they deviate from that reasonable standard of care. Cause of Injuries Needs to be Proved by Blindness Attorneys The amount of damages you can claim (assuming the other party is at fault) depends on proving the entirety with which blindness has impacted your life. You could have bilateral blindness (both eyes) or unilateral blindness (single eye). In either case, you may be able to file a personal injury lawsuit if it was caused by malpractice or an accident. The cause of the eye injury is the primary factor in determining whether you have a lawsuit or not. Your lawyer will also have to determine if any corporation or person was negligent. Blindness lawsuits often revolve around accidents where there is impact or trauma to the eyes. Medical malpractice resulting in eye-related illnesses, injuries, or complete retinal detachment may also form the basis for a personal injury lawsuit. Liability in Eye Injury Lawsuits in New York City The nature of where and how an injury occurred will form the basis of the persons or entities that can be held liable for the eye injury. These are a few examples of parties that may be held liable for eye injuries. These include but are not limited to: Employers can be held liable if the eye injury occurred while you were performing a work-related job. Companies manufacturing chemical equipment or products may be held liable for the eye injury if it directly resulted in it. However, the manufacturers cannot be held responsible if the victim failed to read provided directions or took actions that may have contributed to the injury on their own. Doctors that are negligent in their medical duty can be held liable for the resulting injuries. This is usually the case with LASIK eye surgery where eye injuries are concerned. Sports facilities owners need to take reasonable precautions for ensuring the safety of everybody using their facilities. Failure to not take these precautions may result in them being held responsible for the damages and injuries arising out of their negligence. People committing crimes, such as battery or assault may be held liable for eye injuries arising from these actions. The negligent vehicle driver is a common example of this type of at-fault party. Handling All Eye Injuries Cases in New York At Rosenberg, Minc, Falkoff & Wolff, we understand that injuries involving or affecting your eyes can result in devastating consequences. This is why we try our best to acquire a substantial financial recovery that can help you get on with your life. We will do everything possible to hold the at-fault parties accountable for their actions and get you the compensation you rightfully deserve. These are a few types of eye injuries we represent: Optic neuritis Diplopia (also called double vision) Photophobia Puncture wounds Ruptured globe Retinal detachments Damage to tear ducts Damage to the lens Corneal Abrasion Swelling Lagophthalmos Hyphema Orbital fractures Subconjunctival Hemorrhage Cuts and abrasions, and more Speak With a New York City Eye Injury Attorney Today Do not hesitate to consult with the legal team at Rosenberg, Minc, Falkoff & Wolff if you have recently suffered an eye injury because of the carelessness of another. Our capable blindness accident lawyers handle a wide variety of eye injury lawsuits throughout NYC. We have skilled people to gather evidence that supports your claim. Our attorneys are prepared to help you through the process of filing an eye injury claim. Schedule your free consultation today by calling us at 212-344-1000. You can also use our online form to book an appointment. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

Driving on the congested streets of New York can be a huge challenge and the dangers of causing a crash are especially high when you navigate around a busy intersection and have to make a left turn. Data from the NYC Department of Transportation’s (DOT) study in 2016 shows that left turns are the cause of more than double the bicyclist and pedestrian fatalities as right turns. Left-turn accidents in New York have also been known to cause three times as many fatalities and serious injuries as right-turn accidents. Driving on the congested streets of New York can be a huge challenge and the dangers of causing a crash are especially high when you navigate around a busy intersection and have to make a left turn. Data from the NYC Department of Transportation’s (DOT) study in 2016 shows that left turns are the cause of more than double the bicyclist and pedestrian fatalities as right turns. Left-turn accidents in New York have also been known to cause three times as many fatalities and serious injuries as right-turn accidents. While it is generally assumed that the driver who makes the left turn is responsible for the accident, there could be situations when they may not be fully or even partially to blame. Read on to know more about the concept of liability in left-turn accidents in New York City. Why are Left Turn Accidents in New York Dangerous? Much before the results of the study by the NYC DOT, a 2010 analysis carried out by the National Highway Traffic Safety Administration (NHTSA) had found that a vehicle making a left turn at an intersection is one of the most critical events that can trigger an accident. Here are a few reasons why left turn accidents can be deadly: Turning left means having to cross oncoming traffic, and this increases the risk of crashing into a vehicle coming from the opposite direction. It is a natural tendency for drivers to speed up as they get into a left turn. This, along with the wider radius of the turn they have to execute can cause greater injury to any pedestrians caught in their path. Left turning drivers may try to slip into the turn in an attempt to ‘beat’ the driver coming from the other side and this makes the turn very risky. When a driver seeks to turn left and slows down, there is a greater risk of the car being hit by other vehicles behind this car. So, a rear-end crash is very likely in left-turn situations. Traffic coming from the opposite direction is often moving at a speed far greater than the vehicle that is trying to turn left and this impact with a fast-moving car can lead to a fatal collision. Why is it Difficult to Make a Safe Left Turn at NY Intersections? Every driver on the road knows that making a left turn is a huge challenge. Despite being an experienced or expert driver, it can be quite difficult to execute a safe left turn at New York intersections due to the following reasons: When you are making a left turn, you have to give your attention to vehicles that may move towards you in three different directions. This can be a huge effort for even an expert driver and even a small lapse can lead to a crash. Driving very fast can make it difficult to slow down in time to make a careful left turn. When a driver is going at a particular speed, and suddenly hits the brakes to reduce speed to make the left turn, it can leave very little time for the vehicles following this car to react. This could lead to a rear-end crash that involves multiple drivers. If the left-turning driver’s view on the left or in front is obstructed by trees, or a signboard, it can be tough to assess the state of traffic coming from the opposite side. A significant number of left-turn accidents are caused due to the inattention of the driver who is making the turn. If you are distracted because you’re checking social media feeds on the phone or trying to figure out what instructions the GPS is giving you about getting to your destination, it can be difficult to be alert to the actual situation on the road. Left turns are often riskier for persons who are new to driving. It can take a lot of experience with executing such turns for a driver to get to a stage where they can accurately judge the gap at an intersection and time the turn to match the break in traffic. Who is Considered Liable for a Left Turn Accident in NYC? Under New York law, a driver who is making a left turn at an intersection has to yield the right-of-way to traffic coming from the opposite direction. So, if the investigation into a left turn accident in NYC shows that the left-turning driver failed to yield the right-of-way, their actions will be considered as negligence and they will be held liable for the accident. Negligence means that the concerned driver failed to act with the care that was expected of any reasonable person in that situation. However, there can be many exceptions to this general guideline about the liability of the left-turning driver. If it can be shown that the car crash occurred due to factors beyond their control while they were making a careful turn, it is quite possible for the other driver involved in the crash to be found at fault for the left turn accident. In What Situations is the Left Turner Not Liable for the NY Car Accident? Liability in an accident depends on several factors and a left turn accident is no exception. To determine who is at fault for such an accident, it’s critical to take into account factors such as: Which driver had the right of way? What was the speed of the vehicles involved in the crash? Did the concerned drivers act in a reasonable manner? Careful consideration of these factors may throw up information that shows that the party other than the driver making the left turn was responsible for the accident. Generally, the left-turning driver is not considered at fault for the accident if it can be proved that: They obeyed the signal indicating they could make a left turn The other driver was speeding as they approached the intersection The other driver ran through a stop sign or a red light The driver following the left turning car was driving in a distracted manner and therefore crashed into its rear end The other driver was driving under the influence of drugs or alcohol Role of Unforeseen Circumstances in a Left Turn Crash in New York In some situations, there could be a sudden event that was not foreseeable by any of the drivers. If an animal or a young child suddenly ran into the road, the driver making the left turn would have been forced to brake or slow down and this could have caused a left-turn accident. In such circumstances, if the left-turning car is involved in a collision with an oncoming vehicle or a car following them, it may be quite possible that the other driver will be held liable because they ought to have noticed that the left-turning driver was slowing down and reacted accordingly. New York’s Laws Regarding Comparative Fault New York operates on the concept of a “pure” comparative fault. According to this, all the parties involved in a personal injury lawsuit have an equal opportunity to recover compensation. The exact amount that one recovers will be adjusted to match the extent of their contribution to the accident. Say you were involved in a car accident while making a left turn at one of New York City’s busy intersections and at trial, the jury determines that your liability was 20 percent while that of the other driver was 80 percent. If you have been awarded $10,000 as damages, under the pure comparative fault law, the amount you finally receive will be less by 20 percent, so you will get $8,000 in damages. Contact a Left Turn Accident Personal Injury Attorney in New York Most people generally assume that whenever an accident occurs while making a left turn, it is the left-turning driver who will be held liable. This may deter them from pursuing a personal injury claim to recover damages from the other parties involved in the accident. But it is important to remember that there can be exceptions to this assumption and if it can be shown that the other driver too was partially at fault for the left-turn accident, you may still be able to recover compensation from them. At Rosenberg, Minc, Falkoff & Wolff, LLP, our car accident attorneys have helped several clients who were injured in left-turn accidents to recover damages to make up for the losses they sustained due to another party’s fault. Using our network of accident reconstruction specialists and independent investigators, we can help build you a strong case that gets you the justice and damages you deserve. Whether you decide to settle with the insurance company or pursue your case to trial, our team of expert car accident lawyers will work with you to help you navigate the complex legal process of claiming damages. To discuss the details of your left turn accident case, get in touch with us today at 212-344-1000 or contact us online for a free and confidential case review. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

Swimming is an excellent form of exercise that can also help people unwind and relax. During the summer months, both kids and adults can have a fun time cooling down in the swimming pool. However, data from the Centers for Disease Control shows, drowning accidents are all too common, with at least one person getting killed from them every day. Swimming is an excellent form of exercise that can also help people unwind and relax. During the summer months, both kids and adults can have a fun time cooling down in the swimming pool. However, data from the Centers for Disease Control shows, drowning accidents are all too common, with at least one person getting killed from them every day. Of all these deaths, 77 percent of fatalities involve children aged below five years. Many children have a natural fascination for water, and little ones who wander close to a swimming pool may accidentally fall in unless there is someone to prevent them from doing so. This makes it critical for swimming pools to ensure adequate security to guard against such mishaps. Which Pool Accidents and Injuries are Likely in New York? Swimming pools can be the spot where several injuries occur. Although drowning is the most serious pool accident, there may also be cases of near-drowning, diving accidents, slip-and-fall accidents, and drain injuries. Swimming pools can be the spot where several injuries occur. Although drowning is the most serious pool accident, there may also be cases of near-drowning, diving accidents, slip-and-fall accidents, and drain injuries. Drowning According to the CDC data, children aged between 1 to 4 years of age are the most likely to drown in a swimming pool in their homes. Children of this age do not realize that the pool is a dangerous place and when left unsupervised, they may seek to get closer to the water and easily fall into the pool and drown. This makes it crucial that home swimming pools, especially the ones where young children live, must have protective measures such as fencing to restrict access to the pool. Near-drowning The CDC reports that non-fatal submersion injuries are far more common than drowning accidents. When a person spends a lot of time underwater before being rescued, they suffer oxygen deprivation, and this can lead to brain damage that may result in permanent physical and/or mental disability. Diving accidents A person who dives from high above the water surface may sustain a traumatic brain injury. Defects in the diving boards, an improper diving technique, or an insufficiently filled pool may lead to serious diving accidents in New York. Slip-and-fall accidents Areas surrounding the pool may easily grow wet and cause anyone walking there to suffer a slip-and-fall accident. These pool accidents may lead to major injuries such as bone fractures and spinal cord and brain injuries. To prevent such incidents, the area around a swimming pool must have a special non-slip surface. Drain injuries The drain of a swimming pool must be completely covered. If there is a problem with this, it is likely that a suction effect occurs in the pool, trapping child swimmers underwater. Drain injuries in New York can lead to damage of internal organs and soft tissues. What are the Common Causes of Pool Accidents in New York? Swimming pools are found in private homes as well as in public places such as hotels, recreation centers, and apartment complexes. The most common causes for pool accidents in NY include: Lack of pool maintenance Faulty equipment in the pool Unsafely designed pool Wet surfaces around the pool Lack of well-trained staff Lack of clear and visible warning signs How to Prevent Swimming Pool Accidents? When it comes to swimming pool accidents, prevention is the key to avoid tragic outcomes. The following measures can help to avoid such incidents: Follow the building code regulations and laws in your city that govern the requirements for swimming pools. Install the latest safety equipment to make sure your pool is safe for use. Make sure you have a protective fence and cover around the pool to keep unsupervised children away from the area. Stick to the guidelines advised for the type and height of the fencing around the pool. Invest in special alarm systems to alert you to human presence in the pool area. Do not leave children unsupervised near or inside the swimming pool. A very young child must be held when in the water; older children must be kept at arm’s length so that you can monitor their activity. Who is Held Responsible for an NYC Swimming Pool Accident? When it comes to swimming pool accidents in New York, there could be more than one party who may be responsible for the event. The particular circumstances will decide which of the following parties will be considered liable. Property owners: The owner of the swimming pool is basically responsible for its upkeep and must ensure that the pool is safe for use. So, in most pool accidents, it is the property owner who is considered responsible for the accident. In situations where a child has trespassed into the property too, the property owner is still considered accountable for the mishap. If the accident took place on the premises of an enterprise such as a fitness center, summer camp, school, or a daycare center, the owners of those enterprises will be considered liable for the accident. Pool service providers: If a pool service provider creates a dangerous situation when carrying out servicing of the pool, they may be held liable for a swimming pool accident that occurs during their presence. Equipment manufacturers: Any company that has manufactured the faulty equipment or supplied the materials and chemicals used in the swimming pool where the accident took place may be held responsible for it. What is Premises Liability in Relation to Pool Accidents? Premises liability refers to the part of the law that holds the owner of a particular property liable for any injuries that are sustained due to some dangerous conditions existing on that property. The person who owns a swimming pool is required to take care to maintain it in a manner that ensures the safety of people who use it. If the owner fails to live up to this responsibility and it causes an accident, they are guilty of negligence and will be held liable for the pool accident. This clause of premises liability can apply to: Private pool owners Commercial owners of pools located in health clubs or hotels or apartment complexes that are used by tenants or guests Persons who rent a property with a swimming pool Government bodies that operate swimming pools for use by the public or in schools. What are the Consequences of Swimming Pool Accidents? What are the Consequences of Swimming Pool Accidents? When someone who doesn’t know swimming falls into a pool accidentally, the most likely outcome is that they will drown and die unless rescued in time. Unlike what is commonly assumed, drowning is a very fast event and often, people who are drowning cannot call out for help and silently get dragged under the water. In cases where someone else is present at the pool and notices the drowning, there is a possibility of a rescue. Injuries from such accidents that involve near-drowning depend largely on how much time the person spent underwater without access to oxygen. Hypoxia or lack of oxygen supply can severely affect brain function. These swimming pool accidents may often lead to severe consequences with the most common effects manifesting in the form of: Slip-and-fall injuries that cause soft tissue damage or fractures of the wrist or arms or legs Neck injuries Spinal cord and brain injuries that may even cause paralysis Kidney problems Lung damage Liver damage Disabilities that affect the person’s ability to care for themselves Memory problems and learning disabilities Data from the CDC shows that more than half of all near-drowning victims who receive emergency treatment need further hospitalization and medical care. In cases where severe hypoxia has set in before the rescue, the victim may suffer a permanent loss of the ability to function and remain in a permanent vegetative state. Speak to a Skilled New York Swimming Pool Accident Lawyer Having your child injured or losing them in a swimming pool accident can be a devastating experience that leaves you grappling with unimaginable grief. Even as you struggle to cope with the incident, it is important that you initiate legal proceedings to hold the party at fault accountable for the damage they have caused. If your child has suffered a near-drowning accident that has left them badly affected, you could be facing a lifetime of medical and rehabilitation expenses. Under the law, you are entitled to seek damages for the swimming pool accident that was caused due to the negligence of the owner of the facility, and it is important that you fight to get the compensation you rightfully deserve. Claiming and receiving due compensation can be a long-drawn, complex process, and having a competent and experienced swimming pool accident attorney on your side will definitely help make the process an easier one. Our dedicated personal injury lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP have several years of experience in dealing with swimming pool accidents in New York. We can help you identify the liable parties, interview eyewitnesses, collect all the necessary evidence and bring in the right investigators and medical and financial experts to prepare a strong case for you. Get in touch with us today at 212-344-1000 or contact us online to book your free consultation. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

A personal injury can be an extremely stressful event and while the physical injuries may heal after a while, the effects of the emotional trauma may last much longer. It is not uncommon to find the victim of a grave accident struggling to deal with anxiety, disturbing memories, and upsetting emotions that interfere with their ability to function normally. Considering the significance of this aspect, New York personal injury laws allow the affected person to pursue compensation for not just physical injuries, but also the emotional pain and suffering sustained in an accident. A personal injury can be an extremely stressful event and while the physical injuries may heal after a while, the effects of the emotional trauma may last much longer. It is not uncommon to find the victim of a grave accident struggling to deal with anxiety, disturbing memories, and upsetting emotions that interfere with their ability to function normally. Considering the significance of this aspect, New York personal injury laws allow the affected person to pursue compensation for not just physical injuries, but also the emotional pain and suffering sustained in an accident. Why Does Physical Injury Lead to Emotional Trauma? A person who suffers severe physical injuries in an accident may have to undergo extensive medical treatment and surgery to set the body right. It may take a while for this person to get back to their normal lifestyle and pursue their routine activities as they did before the injury. In some cases, severe injuries may cause a permanent change in one’s ability to perform the activities they previously did with ease. Losing one’s ability to function independently and having to depend on help for the simplest of routine activities such as grooming oneself, or walking can take a huge emotional toll on most people. In quite a few cases, the victim’s inability to handle or manage their emotional trauma may also lead to interpersonal relationship issues with loved ones, causing further stress. In major auto accident cases in New York, the injured victim may find themselves reliving the horrifying experience and suffering from extreme anxiety, fear, and sleeplessness due to their memories of the incident that do not fade out over time. How Can You Recognize Emotional Trauma? Every individual reacts to stressful situations in unique ways, but there are a few telltale signs that indicate the presence of psychological trauma, such as: Feeling easily fatigued Having difficulty falling asleep or experiencing sleep disturbances Feeling numb and disconnected from events around you Being easily startled Feeling mentally confused Finding it difficult to concentrate Feeling a sense of shock or disbelief Being irritable or angry or suffering mood swings Preferring one’s own company and withdrawing from social interactions Feeling a sense of guilt about the incident Experiencing a rapid heartbeat, muscle tension, or numerous aches and pains for no specific reason All such indicators of psychological trauma fall under the term of ‘pain and suffering’ and New York law recognizes the emotions of shock, grief, anxiety, fear, humiliation, embarrassment, apprehension, and stress as mental anguish. Auto accident victims in New York City often report these symptoms after an injury. How Long Does it Take to Recover From Trauma? While doctors may be able to reasonably predict the time required to recover from a physical injury, it is almost impossible to clearly state the time required for emotional healing. Most people experience the symptoms of trauma in an intense manner for the first few days or weeks following the stressful event. If events have caused deeper emotional scarring, these effects may last for months or even years together. Even persons who have healed from the emotional trauma may often find themselves re-experiencing their pain when they come across anything that reminds them of the accident. If your emotional trauma symptoms do not gradually fade away or if you find them growing increasingly worse despite the passage of what is considered a reasonable time frame, it could be an indication that you are suffering from Post-Traumatic Stress Disorder (PTSD). Should You Seek Professional Help for Your Emotional Injuries? In times of emotional crisis following an auto accident in NYC, most people turn to their loved ones including family and friends to tide over the trauma. Often, the help and support you receive from these quarters is sufficient to get you back to some semblance of normal emotion. However, there may be instances when you do not have any such resources to turn to; or there may be situations when you find your trauma failing to heal despite their support. In such cases, it makes sense to seek professional therapy in New York for your psychological trauma. You may be a candidate for therapy if you find yourself: Actively avoiding things that remind you of the traumatic event Suffering severe anxiety or fear Having repeated nightmares or flashbacks of the event that leave you terrified Feeling depressed and having a lack of enthusiasm for the things you previously enjoyed doing Unable to function in your usual way at work or at home Shying away from social interactions Increasingly needing to turn to alcohol or drugs to deal with your pain How to Find the Right NYC Therapist for Emotional Trauma? Therapy for emotional trauma is not an easy task – you may have to go through a lot more trauma before you can heal. Therefore, it is vital that you get the support you require from an experienced NYC trauma specialist with whom you feel comfortable. When you first visit a therapist, observe your reactions to them. Ask yourself if you feel comfortable talking to them, and feel understood by them. Pay attention to how they treat you – did they truly listen to you with respect and understand your pain without dismissing or trivializing your concerns? Mutual trust and respect is very important for successful therapy so make sure you find a therapist whom you can trust. What are the Types of Therapy Used to Deal with Emotional Trauma in New York? Recovering from emotional trauma calls for a gradual and complete resolution of the memories and unpleasant emotions your mind associates with places and people. Trauma specialists use a variety of therapy techniques to help in emotional healing. The most important ones include: Cognitive Behavior Therapy Sensorimotor Therapy Eye Movement Desensitization and Reprocessing Therapy Prolonged Exposure Therapy Is it Possible to Receive Damages for Mental Suffering in NYC? Under New York law, emotional distress falls under the category of a tort. So, if you have suffered emotional suffering and trauma due to an injury, the person who caused it can be held responsible for the harm they caused you. When you file for compensation for any form of personal injury, it is possible to recover damages for emotional distress too. To be able to do so, you will have to prove that: You were subject to outrageous conduct of an extreme nature This conduct is what resulted in your injury There was an intent to cause you to grave emotional pain You are suffering from severe mental distress due to the incident How Can You Prove Your Emotional Injuries? To recover damages for emotional injury in New York, you will have to provide proof of: The experiences you have had to suffer or continue to suffer due to the other party’s negligence The type of emotional injury you have suffered, its severity and frequency, and the effects it has on your normal life Being diagnosed with emotional trauma by a qualified and certified mental health professional The therapy you have taken or continue to take for the emotional distress including any medication prescribed to you To substantiate your claims of a psychological injury that has affected your life, you need to provide hard evidence that is sufficiently convincing. Begin by consulting your family doctor regarding your symptoms and take the necessary treatment. If required, get their referral for further treatment such as medication, or therapy or counseling by a licensed mental health professional. Keep records of these consultations, the prescriptions, and receipts received for the consultation fees you have paid. Next, maintain a journal where you record your feelings and the impact of these on your daily life. Write about how your emotional trauma is affecting your ability to perform in a normal way at home, at work and in other social interactions. Seek help from your family and friends whenever necessary by sharing your experience with them. Together, these measures can help you heal from your emotional injury and also serve to provide evidence of how your life has been affected by the trauma. Consult an Experienced Emotional Distress Injury Lawyer in NYC If you or a loved one has suffered an injury that caused severe emotional distress, you are likely to have your hands full dealing with that pain and suffering. Having to deal with the complex legal system involved in claiming compensation for your emotional injury may seem like something beyond your ability. However, with the right personal injury lawyers in New York who specialize in getting their clients compensation for emotional distress, it can be possible for you to receive the damages you rightfully deserve. At Rosenberg, Minc, Falkoff & Wolff, LLP, our auto accident attorneys have several years of experience in handling such cases of emotional injuries in NYC. We can review your case, file all the necessary legal documents and build a strong case to help you receive the compensation that is your due. To know more about how we can work with you, c all Rosenberg, Minc, Falkoff & Wolff, LLP today at 212-344-1000 or contact us online for a free and confidential consultation. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

In New York, if you sustain injuries because of a slip and fall, a car accident, or any other accident arising out of someone’s negligence or misconduct; you may file a personal injury lawsuit against the erring individual or entity. But what happens if the negligent at-fault party is a government agency or entity? What recourse do you have under New York law if your injuries are due to the negligence of a municipal agency, for example, you slip and fall on a cracked stairway at the city hall? In New York, if you sustain injuries because of a slip and fall, a car accident, or any other accident arising out of someone’s negligence or misconduct; you may file a personal injury lawsuit against the erring individual or entity. But what happens if the negligent at-fault party is a government agency or entity? What recourse do you have under New York law if your injuries are due to the negligence of a municipal agency, for example, you slip and fall on a cracked stairway at the city hall? In New York, bringing a personal injury claim against the government may be slightly different from a procedural point of view. Let us look at how you can file a claim against government negligence in New York and hold the state liable for your personal injuries. Sovereign Immunity The old sovereign immunity law dates to medieval England where it prevented people from suing the king for any losses suffered because of the sovereign’s action or decree. In the past few years, there have been amendments to this very old and archaic law, thus paving the way for people to file lawsuits against the government in certain cases. However, some of the amendments in recent years have been in favor of immunity to government employees. If a vehicle driver working for a government entity is responsible for an accident, they may receive protection from a lawsuit even if the victim’s injuries are due to their negligence. Moreover, there are limits to compensation that a victim can claim from a government vehicle involved in an accident. But if you have a strong and compelling case, you can hold a government entity liable for injuries and other related losses. Filing a Lawsuit against Government Negligence in New York Over the years, public transportation vehicles must have maimed or killed numerous New Yorkers. What if you sustain injuries in an accident caused by the negligence or misconduct of a government employee or state official? Can you file a lawsuit and claim damages from New York state or city? Yes, you can sue the government for personal injury claims and wrongful death, but the process is tedious and cumbersome. For you to claim compensation, you must prove that a New York municipal or government entity was to blame for the accident involving you. While this may sound simple on paper, it is not so in reality. Suing the city or state of New York and claiming compensation is not an easy task. Just one small mistake on your or your attorney’s part can see your case dismissed by the court. The importance of seeking and hiring a skillful NYC personal injury attorney cannot be stressed enough. Article II, Section 8 of the New York Court of Claims Act states the consent of the government for any lawsuits brought against it and declares waiver of government’s immunity from liability arising out of its negligence or misconduct. It further reiterates the government’s consent to be sued under the rules just as individuals or private entities sue each other. In other words, this means that victims of an accident may file a lawsuit against the government in New York for negligence that might have caused their injuries, just as they can against a private entity. Thus, section 8 does away with the old sovereign immunity rule dating back to medieval times in England where ordinary citizens could not sue the sovereign for any wrongs perpetrated against them. When Can You File a Lawsuit under New York’s Court of Claims Act? Under the Court of Claims Act, a victim may file a lawsuit for negligence against the state just as they would against a private entity. Some instances where you can bring a claim against the state, a government agency, commission, or a board might include: Motor Vehicle Accidents If a state employee causes a motor vehicle accident because of negligence behind the wheel while on state duty, the victim has the right to hold them liable for injuries and damages in the Court of Claims. Hazards in Public Buildings An injured person can seek compensation if their injuries are because of wobbly handrails, broken stairs, cracked flooring, or any similar hazards and defects in a public building that the state employees neither correct nor warn visitors about. Negligence at State-Run Medical Facility If a patient at a state-run medical facility sustains injuries while receiving medical treatment, they can seek compensation for injuries due to medical negligence, just as they would against a facility run by a private entity. Proving State’s Negligence and Role in the Accident To prove the state’s culpability in causing the injuries and liability for the ensuing damages, the claimant must be able to prove the role that the state played in causing the injury as well as the state’s negligence. The claimant must be able to show the following, in court: The government owed to the claimant, a duty of reasonable care There was a breach of duty by the state Negligence on part of the state caused injuries to the claimant Damages resulting from the breach of duty and negligence are compensable damages All personal injury complainants must file their cases against the state of New York in the Court of Claims. There are special provisions that apply for cases against military members and prisoners appealing for relief from unjustified incarceration. Filing a Claim Against the State of New York For a long time, the New York Courts did not show that much leniency for injury claims against the municipal government. It was easier for victims to bring personal injury claims against the state government but not the municipal governments in New York. The New York Court of Appeals made provisions in 2011, for individuals to sue New York municipal governments, but only if they could prove that the municipal agency has a special duty towards them. The proof of the municipality’s special duty towards the injured victim is evident in any one of these: The injured person belongs to a particular class, and the municipal agency or its employees disregarded their rightful duty to protect that class of persons. The municipal agency or its employees acquired control when faced with a dangerous and obvious safety violation. The municipal agency or its employees undertook a duty of their own volition and communicated as much by actions or promises to the injured person, who justifiably relied on those actions or promises. Nowadays, you can find online instructions in New York metro areas to file claims against the municipality and local government. How to File A Notice of Claim? If you are a victim of an accident on municipal property, you must inform the municipal agency of your injuries due to the negligence of the agency or its employees. Your attorney can file the document called a Notice of Claim, containing this information, on your behalf. A notice of claim typically includes: The name of the claimant(s) The name of the attorney and address of the claimant The details of the accident The exact time and place of the accident The nature and extent of injuries and other damages under the claim After your attorney files a Notice of Claim on your behalf, which you need to do within 90 days of the accident, the law grants a period of 30 days to the municipality to request a hearing and begin an investigation of your claim. This preliminary hearing may ask for your physical examination to determine your claimed injuries. Exceptions to the 90-Day Filing Rule A court may allow an extension of the 90-day time for filing the Notice of Claim, but the time that a court grants for late filing should not be more than the time allowed to file a lawsuit according to the statute of limitations applicable under the law. An extension of the time limit is not easy as the court will take multiple factors into account to excuse failure in filing the lawsuit within the stipulated time. Before making a decision on the extension of the deadline, the court might need to determine if the complainant provided the municipal agency with sufficient information regarding the claim within 90 days of the event. Is There A Statute of Limitation to File A Lawsuit? Generally, you need to file a lawsuit against the municipal agency within a year and 90 days of the accident that resulted in your injuries and damages. However, in case the lawsuit is for wrongful death, the deceased person’s representative may file the lawsuit within two years of the death. Hire a Dedicated New York Municipal Liability Attorney At Rosenberg, Minc, Falkoff & Wolff, we have attorneys with extensive experience and competence in pursuing claims against municipal agencies and public bodies in the state of New York. We have the patience and deep resolve needed to stand up to and fight bureaucracy. Municipal authorities and public organizations typically employ a battery of attorneys, and teams of claims adjusters as well as investigators. This provides them a distinct edge over the victims fighting for compensation. Our committed attorneys will use all their resources to help protect your rights as a victim and ensure full and fair compensation for your injuries and damages. C all Rosenberg, Minc, Falkoff & Wolff, LLP today at 212-344-1000 or contact us online for a free and confidential consultation. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988. .

As parents, we expect that our children will be safe at school where they are being supervised by teachers and other school officials. However, data from the Centers for Disease Control and Prevention (CDC) shows that every year in the US, close to 4 million students are injured in school-related accidents. In most such school accidents, it is the negligence of the school staff that is responsible for the injuries our children suffer and it is vital that they be held accountable for the damage they cause. As parents, we expect that our children will be safe at school where they are being supervised by teachers and other school officials. However, data from the Centers for Disease Control and Prevention (CDC) shows that every year in the US, close to 4 million students are injured in school-related accidents. In most such school accidents, it is the negligence of the school staff that is responsible for the injuries our children suffer and it is vital that they be held accountable for the damage they cause. Legal Viewpoint of a School’s Duty to Your Child Under the law, schools owe your child a duty of care. This means that they are obliged to do everything they can to ensure your child is protected from any foreseeable form of injury, harm, and death. In order to meet this obligation, they have to provide adequate supervision of children in the school building, on the grounds, in the school buses, and even on any premises where the children are engaged in a school-sponsored extracurricular activity. When any school official fails in their duty to act in a responsible manner to ensure the safety and well-being of the children in their care, the situation is considered negligence. Generally, a school that is guilty of negligence is held responsible or liable for the damage that has been caused to a child in their care. When parents seek damages from the school, it could include compensation for the cost of medical treatment the child had to receive, the out-of-pocket medical expenditure, and the pain and suffering the child has had to undergo due to the school’s negligence. In case a school accident in New York City leaves a child with a permanent disability, they may also seek damages for future medical expenses and the loss of future wages. School injuries may be of the following types: Slip and fall accidents that occur when a child loses balance on a slippery gym floor or due to snow or ice or missing handrails on stairs Sports injuries that occur when your child is hurt due to the poor condition of sports equipment, or due to insufficient supervision or poor quality of coaching at the school Playground injuries that are a result of faulty play equipment or poorly maintained school grounds or due to a lack of adult supervision School bus accidents that are caused by buses in poor condition or due to driver error School crossing injuries that arise when crossing guards are not vigilant enough to ensure that children are protected at intersections and streets near the school Injuries due to bullying at school or due to being in a fight with other kids on the playground or in the school bus Food poisoning is caused due to improper preparation or storage of food in the school kitchens What Are The Types of School Injury Claims in New York? When the school authorities fail to provide adequate care and protection to the children in their care, they may face one of the following types of school accident injury claims. Negligent supervision claim if children get injured due to lack of adequate adult supervision Gym injury claims if a slippery gym floor or faulty gym equipment caused injuries to a child Student-on-student assaults that occur when physical fights break out on campus Street crossing accident claims that arise when crossing guards fail in their duty of supervising safe crossing of students School bus accident claims if students suffer injuries in the school bus or at the bus stops How Can You Pursue a School Accident Personal Injury Claim in New York? If your child has suffered an injury at school, you are entitled to pursue a personal injury claim against the concerned New York public school. If a school teacher or staff member has committed a malicious or heinous or wanton act such as sexual misconduct or assault against a child, they may be sued individually. However, in other cases of school injury that occur in public schools, the school administrator or principal or teacher, or coach cannot be held liable individually for any injury the child may have suffered on the school premises or at an event sponsored by the school. If you wish to pursue a school injury claim for the injuries your child has sustained, you will need to take the following steps. It is important to understand that these guidelines apply only to lawsuits brought against public schools and not private ones. Step 1: Within 90 days of the incident, serve the “Notice of Claim” document on both the City of New York and the Department of Education of the City of New York. Serving this notice involves completing a lot of complex paperwork as per strict guidelines and any error may cause your claim to be rejected. Having a competent NY school accident lawyer to handle the legal proceedings is the wisest step you can take. Step 3: Following your serving of the notice, you (or the child if they are old enough to testify) will be asked to appear for the “50-H Hearing” interview. In this interview, there is an explanation of your claims against the Department of Education and the City. In some cases, the school district may stipulate an examination of the child’s injuries by a physician it specifies. Step 4: After the 50-H hearing, the school district is given a month’s time to propose a settlement. After this period, if there is no settlement that is reached, the parents can go ahead and file a lawsuit which will then proceed as any other lawsuit and such cases generally appear in the Supreme Court located in the borough where the concerned school is located. New York’s statute of limitations for school district lawsuits is one year and ninety days from the date of occurrence of the accident. Based on the nature of the case and its complexity, school injury claim cases may take anywhere between one to three years to reach trial or a stage of settlement. Make sure you have a competent New York school accident personal injury attorney on your side to pursue a strong case for damages against the at-fault parties. What is the Prudent Teacher Doctrine in NY School Injury Cases? When a parent files a school injury claim, the courts use the ‘Prudent Teacher Doctrine’ as a guide to determine if the teacher was negligent and therefore liable for the school accident injuries the child suffered. Under this, a few important factors are considered to check if there were systems in place to avoid foreseeable injuries. This includes an evaluation of whether the school officials or teachers were aware of any existing dangerous condition that could result in an injury. The school’s overall plan for student protection and supervision as well as the teacher’s actions to provide adequate care or to prevent damage are examined. Who Is Responsible for School Bus Accidents in New York City? Besides injuries that occur on the school premises, children are also likely to get hurt during accidents involving the school bus in which they travel. If the accident was caused due to a driving error by the school bus driver, the school can be held liable for the injury a student sustained. The other driver who was party to the accident because they were speeding while crossing a school zone or because they ran through a red light can also be considered responsible for the accident. If the NYC school bus accident was caused due to a mechanical fault with the bus, the bus manufacturer or the entity responsible for its inspection and maintenance may be considered liable for the accident. Get in Touch with a New York School Accident Attorney Today When you send your child to school, it is with implicit trust in the school’s systems to ensure your child is safe with them. When this trust is broken through your child’s injury at school, or in the school bus, it is vital that you hold them accountable for the damage they have caused. Pursuing school accident injury claims is quite different from any other type of personal injury claim. Most parents cannot have access to the resources necessary to prove that the school was directly responsible for the injuries their child suffered. Public schools are government agency and such bodies and their employees enjoy certain types of immunity from being sued. However, despite the special time limits and procedural requirements of such cases, pursuing such claims is not an impossible task. Having an experienced and competent school accident lawyer on your side can make a huge difference to the compensation you are able to claim. The school accident attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP have helped several parents whose children suffered injuries at school and in the school bus to recover the compensation to which they are entitled. To explore how we can help you do the same, call Rosenberg, Minc, Falkoff & Wolff, LLP today at 212-344-1000 or contact us online for a free and confidential consultation. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

When you have been hurt in an incident due to another person’s negligence, the logical next step is to file a New York personal injury claim for the damages you suffered. However, it is important to understand that the other party will not silently pay up the amount that you claim. The defendant will often do their best to reduce the amount you are awarded by using a number of legal tactics. When you have been hurt in an incident due to another person’s negligence, the logical next step is to file a New York personal injury claim for the damages you suffered. However, it is important to understand that the other party will not silently pay up the amount that you claim. The defendant will often do their best to reduce the amount you are awarded by using a number of legal tactics. The easiest way they can try to hurt your personal injury claim is by alleging that you are lying about the severity of your injuries. To be able to discredit your trustworthiness, they may to scour through your legal history to find evidence of even a minor criminal conviction. Although a personal injury matter is a civil case that is not connected in any manner with an individual’s criminal history, the evidence of past convictions is often used to undermine credibility. Can a Past Felony Affect Your Present Claim? A past offense is generally not likely to have any connection with a present personal injury claim. However, the negligent party can bring up a previous criminal record to cast you in a negative light. It is human nature to view a previously convicted person with suspicion and this may work against you if your case goes to trial and the members of the jury are not happy with the fact that you have a previous history of criminal offense. Generally, any crime that is minor and has occurred a very long time ago is not very likely to have a serious impact on a personal injury case. However, it is best to make sure your personal injury lawyer has all the relevant details of the past case so that they are not caught unawares. Under New York law, when civil litigation is underway, prior criminal acts can be admitted as evidence of character. Not all cases are the same, and therefore, it’s crucial for your lawyer to have details of the type of felony for which you were convicted in the past. A conviction that occurred in the recent past is more likely to harm your personal injury claim than one that occurred more than 10 years ago. Past crimes that involve financial aspects (such as Social Security or Medicaid fraud or writing a bad check) will attract greater scrutiny. Offenses such as drug possession that do not directly relate to financial fraud may not be very relevant to a civil personal injury claim. However, it’s paramount that you are upfront in admitting to those offenses because if the defendant catches you in a lie, that can be used to undermine your credibility. In some cases, the judge may decide to disallow past criminal records if they are convinced that the admission can lead to an unfair influence on the jury during the trial of your civil case. Trials are time-consuming and expensive, and most parties would prefer to settle the claim before it goes to trial. If the defendant in your claim takes this approach, and your personal injury claim gets settled before going to trial, the criminal history factor may not be really significant. However, if there is no settlement reached between the parties, a court trial is inevitable and when that happens, your past offense may play a role in deciding your case. Ways in Which Criminal History can be Used Against You in a Personal Injury Lawsuit Under rule 6.19, New York allows the defendant to impeach the credibility of a witness during a civil proceeding in good faith by introducing a certified copy of the past judgment as evidence. If you have previously been convicted of a crime that involved fraud or forgery, it can be used to create doubt about your honesty. Past criminal records may also be used to undermine the testimony you provide. For example, if you claim that you were driving safely and the accident was caused by the other driver, the defendant’s case grows stronger if they introduce evidence of a speeding ticket you earned in the past. Another common ploy employed by the lawyer of the defendant is to catch you telling a lie. This is known as “impeaching of the witness” and can severely impact the way the jury views your case. For example, consider a case of personal injury claim that involves a slip and fall accident. If the lawyer asks if you are a responsible driver and you reply in the affirmative, and they then produce evidence of a past DUI conviction, it can seriously undermine your credibility in the eyes of the jury. Can You Avoid the Impact of Previous Criminal History? Under New York law, an individual can request that their criminal record be sealed to protect their future. This request is generally possible only for those individuals whose record includes not more than one misdemeanor and one felony or not more than two misdemeanors. It is also admissible for individuals who have successfully completed a drug treatment program. However, such a sealing of past criminal history is applicable only to New York criminal records and does not extend to any convictions or arrests that occurred outside the state or under federal law. Be Honest With Your NY Personal Injury Attorney Having an open relationship with your personal injury lawyer is key to the success of your claim. If you have any kind of criminal history – even something that you believe is not relevant to the present claim – make sure that your attorney knows about it. If you do not share this information with them, they will not know how to proceed when the other party brings it up during negotiations or trial proceedings. When your personal injury attorney knows all the facts, they can decide about whether it will have an impact on your present case and prepare to deal with it in the appropriate manner. What Strategies can be Used to Reduce the Impact of Past Criminal Records? The impact of a previous criminal record will greatly depend on the nature of the offense and the action that resulted at the time when it occurred. Based on the particular crime, your attorney may develop one of the following plans of action to deal with the fallout of that crime on the current personal injury claim. One of the easiest ways to deal with a past offense is to be proactive and upfront voluntarily sharing this information during the trial. This can help you give the jury information in a manner that gives them a right perspective. Besides, you may also gain stature in their eyes for being an honest individual. In some cases, personal injury lawyers may advise you to opt to have a judge decide your case instead of going for a jury trial. A judge is less likely to be swayed by emotion than a jury and this increases the probability of the civil case being decided on its own merits without the bias that may be introduced by information of an irrelevant past offense. If your criminal history involves a case of an arrest but no conviction, it can be possible under New York law to expunge your past record. This is a complex process and if you wish to take this route, it is helpful that you have an experienced NYC personal injury attorney on your side. Does a Criminal Conviction of the Party at Fault Impact My NY Personal Injury Case? Criminal cases are separate from civil cases; therefore, the outcome of the former cannot directly influence the result of the latter. However, the evidence that is employed to obtain a criminal conviction may be useful in establishing fault in a civil case. In order to win a New York personal injury claim, you need to focus on proving that the party at fault breached their duty of care and that your injury was directly caused due to their error or negligence. In those rare cases, when a civil case crosses over into a criminal case or the other way around, it is generally necessary for one case to conclude before the other one begins. Consult with your New York personal injury lawyer to know what could be the best legal strategy in your circumstances. Get in Touch with an Experienced Personal Injury Attorney in NYC All of us make mistakes sometimes and in some cases, we may end up with a criminal record. If you have some such past conviction, do not let the fear of its impact stop you from filing a claim for a genuine injury that was caused by another party’s negligence. An accomplished New York City personal injury attorney can work with you to reduce the effect of a past offense on your present civil claim. At Rosenberg, Minc, Falkoff & Wolff, LLP, our lawyers have several years of experience in winning personal injury claims, even for clients with past criminal records. Our expert and competent attorneys will guide you through the complex legal processes that can help to reduce the impact of a past offense. To know more about how we can help you win the best compensation that you truly deserve, Call Rosenberg, Minc, Falkoff & Wolff, LLP today at 212-344-1000 or contact us online for a free and confidential consultation. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

The settlement amount that you win after a car accident can go a long way in helping you pay for your medical bills and other expenses if you were recently injured in an accident. However, you may be subject to garnishment action at the hands of creditors if you owe a large debt. The settlement amount that you win after a car accident can go a long way in helping you pay for your medical bills and other expenses if you were recently injured in an accident. However, you may be subject to garnishment action at the hands of creditors if you owe a large debt. Many people consider bankruptcy since it offers the debtor an opportunity to rebuild their credit score. Another significant advantage of declaring bankruptcy is that creditors cannot harass you. Collection agencies can be quite aggressive. They can use questionable tactics for recovering money. For instance, they may call you at inconvenient times. In New York, personal injury settlements are exempt at the hands of the creditors to some extent. Creditors, as a result, are prohibited from taking a part of the personal injury settlement as recovery for their debts. This is primarily because personal settlements cannot be seized by creditors to a certain extent. They don’t have the right to take any part of your injury settlement. However, even though the settlement is recognized as being exempt under New York law from creditors, it is important that people who owe settlements and debt take critical actions for protecting their assets. Income Execution Income execution refers to an order from a government agency or a court requiring the employer to withhold some part of the money from their paycheck to benefit the creditor. There are legal limits in place dictating the amount of paycheck that can be garnished by a creditor. This depends primarily on the debt type. Garnishment Assets can be seized from the debtor by the creditor through garnishment. This is a legal proceeding allowing creditors to take resources from the debtor to satisfy the judgment. Creditors cannot start taking your assets by claiming you owe them money. Instead, creditors have to take a legal judgment against debtors. Creditors are also required to take the necessary steps for filing garnishments and serving them properly. Garnishment is a lawful judgment by way of which the creditor can collect from the debtor’s assets. Medical Care Liens Following an Accident Liens in New York can be filed against settlements for personal injury. These liens usually get filed by parties providing medical care that results from injuries leading to a settlement. Medicare and Medicaid physicians and agencies are some of the parties filing these liens. These liens can also be filed by private carriers. You may be asked to sign a lien if you were injured in an accident and your medical treatment is not covered by your health insurance. The lien will state that the treatment provider has the right to recuperate the cost of service from the recovered settlement. The medical provider may garnish your personal injury settlement to pay for the medical costs. Child Support Liens Child support obligations are taken seriously by New York. Parties can face significant consequences if they fail to pay child support. In New York, liens can be filed against the personal injury claim of a parent for collecting overdue child support. Protecting Personal Injury Settlements Individuals in New York are not allowed to protect their full personal injury settlement. Nonexempt assets are eligible for distribution for the payment of creditors in exchange for discharging all unpaid debts if the debtor files for Chapter 7 bankruptcy. In New York, people filing for bankruptcy can choose between utilizing state and federal bankruptcy exemptions. Most people tend to prefer federal exemptions since they have more generous guidelines than the ones within the state. These are a few of these generous guidelines: Exemptions of up to $25,180 are permitted under federal law for personal injury settlements. However, this is only if the compensation is awarded for economic losses, such as medical bills or lost wages following an accident. The compensation should not have been awarded for pain and suffering. The amount of $25,180 gets routinely adjusted. Wildcard exemptions are also acknowledged under federal law. This can be utilized by debtors to protect their non-exempt assets. Currently, wildcard exemption stands at $13,900. This amount can be lowered if the exemption is used for protecting a home’s equity. In New York state exemption for personal injury, compensation happens to be much lower than federal exemptions. Debtors are permitted to exempt up to $8,500 in New York in personal injury compensation. However, this compensation should not be assigned to pain or suffering. It should be assigned for bodily injury. Nonexempt assets that are not excluded in the bankruptcy can be seized by creditors. Chapter 7 bankruptcy proceedings can also protect personal injury settlements as long as the creditor misses the deadline to file a “proof of claims” with the bankruptcy court. The “proof of claims” is used for establishing that the debtor (personal filing for bankruptcy) owes the creditor a certain amount. Creditors waive their right to collect on personal injury settlement and non-exempt debts if they fail to file the claim. Keeping Assets Separate is Vital A critical step in protecting settlements is keeping your funds separate from the money you own. Bankruptcy exemptions apply to compensation and settlements and may not apply to other funds present in your bank account. You risk obscuring funds protected under bankruptcy exemption if you deposit the settlement amount where you get your paycheck. This act is referred to as “commingling” funds. You should avoid doing this wherever possible. Creditors tend to argue that commingled assets do not have an exemption status. Often, legal actions are filed to seize these funds. You may need to devote some time to set up a separate bank account for your settlement. But, in the long run this is a much better option since it avoids the risks arising from commingling funds. Some people in their bid to further distinguish the two accounts use a separate financial institute for creating a bank account. This helps in decreasing the risk of commingling funds accidentally. Protecting Personal Injury Settlements in New York These are a few things you should remember about protecting personal injury settlements from creditors. The exempted settlement amount is influenced by whether damages are viewed as economic or non-economic. The decision of labeling these damages is critical, especially if the person is anticipating filing for bankruptcy or owes money. You need to ensure documenting important issues about the damage settlement. This includes which bank account to keep the money in. The bankruptcy process can be a complex process. Taking federal or state exemptions is one of the most critical decisions to be made. Seeking advice from a knowledgeable personal injury attorney can help you understand your options better. Student Loans, Child Support, and Unpaid Taxes Limits The creditor or government can garnish your wages without having to wait for a court judgment if you owe student loans, child support, and taxes. The amount of maximum garnishment in these cases is different. Child Support All court orders since 1988 for child support include an automatic income withholding order. It is possible for the other parent to get a wage garnishment order if you are behind on child support payments. Garnishment as per federal law is limited to 50% of the disposable earnings if you support a child or a spouse that is not subject of the order. Sixty percent of your earnings can be taken if you are not supporting a child or a spouse. An additional 5% may be garnished as part of support payments in arrears over 12 weeks. Defaulted Student Loans The US Department of Education or another entity collecting for them has the right to garnish your wages without a court judgment if you have defaulted on a federal student loan. This will be done under administrative garnishment. Up to 15% of your disposable income can be garnished by the Department of Education. However, the amount cannot be more than 30 times the amount of minimum wage. Unpaid Taxes Your wages can be garnished by the federal government without a court order if you owe back taxes. The amount will depend on your deduction rate and the number of dependents you have. Local and state governments also have the right to garnish wages to collect unpaid local and state taxes. Wage Garnishments and Losing Your Job It can be annoying for your employer to comply with wage garnishment orders. They may terminate your employment because of this. Federal and state law may afford you some protection in this situation. Your employer cannot fire you under federal law if you have one wage garnishment. However, you won’t be protected under federal law if you have more. You should check with a local attorney regarding state protections. Income execution is no excuse for an employer to fire, refuse to promote or take any negative action. Consult with an Experienced Personal Injury Attorney in NYC Outstanding debts and student loans can amplify the stress of a personal injury claim in New York City. You should plan ahead by staying informed. The dedicated and resourceful personal injury attorneys at Rosenberg, Minc, Falkoff & Wolff have the necessary knowledge and experience to evaluate your situation and help you with the best possible legal strategy. call Rosenberg, Minc, Falkoff & Wolff, LLP today at 212-344-1000 or contact us online. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

Nothing brings more pleasure to a parent than to watch their children play happily on a playground. Hearing the shrills of delight while at the swing sets is heart-warming. Parents think their children are safe as long as they have an eye on them. Unfortunately, outdoor play areas while welcoming and appealing can pose a serious threat to children of all ages. Nothing brings more pleasure to a parent than to watch their children play happily on a playground. Hearing the shrills of delight while at the swing sets is heart-warming. Parents think their children are safe as long as they have an eye on them. Unfortunately, outdoor play areas while welcoming and appealing can pose a serious threat to children of all ages. In fact, you may already be aware of the consequences if your child has been injured in a private or a public play area. Playground accidents in New York have significant consequences. It can turn the average enjoyable family outing into something horrific. It could be the difference between telling your child a bedtime story or spending the night in the emergency room. You may need to take time off work as well to care for your injured kid. There are many forms to negligence resulting in playground injuries. It can substandard equipment, inadequate maintenance, lack of supervision, improper surfaces, and much more. This type of negligence can occur at an outdoor play set at home, daycare center or outside in a public area. The best course of action if your child got injured while playing at home of another or the playground is to get in touch with a New York personal injury lawyer. The same holds true if you suspect product defect or negligence to have jeopardized the safety of your child. Troubling and Surprising Facts about Playground Accidents Safe Kids Worldwide and CDC have gleaned these facts from various hospital reports and studies: According to an NYC study, playgrounds in poorer neighborhoods are more hazardous than those in areas with higher-income Emergency room is visited by more than 200,000 US children for injuries in the playground Nearly 15 children on an average die each year in playground accidents. The most common cause is strangulation. The age group between 5 and 9 have a higher risk of meeting with accidents in a playground Girls get injured more seriously than boys 53% playground injuries involve climbing equipment 67% playground injuries resulted in swings Acts of Negligence Leading to Playground Injuries in New York The last thing a law firm wants to hear is that your child got hurt. Physical pain or emotional suffering is not what a child should suffer, especially when it is because of another’s negligence. Unfortunately, children often suffer from playground injury accidents in NYC. It is important for playgrounds to be comfortable and safe. They should not be hazardous of threatening the health of children. These are a few acts of negligence: Lack of maintenance: Playground should be maintained regularly to be safe for children. Broken parts, rusty equipment and unsafe conditions such as stones or sharp sticks can result in in unnecessary injuries. Improper supervision: You could have a claim against the company or individual if the injuries are because of a lack of supervision. It’s vital for children to be supervised at all times to prevent them from getting hurt from other children or engaging in the unsafe use of equipment. Unsafe property: Property elements can result in injuries, such as from lack of fencing, body of water, chemicals, or exposed roots in the playground. These issues would fall under property owner liability. Dangerous and defective equipment: Injuries in some cases may occur because of playground equipment defects. The distributor or manufacturer may be responsible for the injuries of your child in this case. Poorly built structures: Playground injuries on private properties may occur because the owner did not put the equipment together in a correct way. Issues with elements pinching fingers, structure collapsing, or hard ground material can lead to property owner liability. Instances of Playground Negligence in New York City These are a few other common instances of negligence: Insufficient mulch levels creating hard surfaces Monkey slides, bars and other equipment that is too high on the ground Equipment installed too close resulting in possibilities of collision Equipment in disrepair because of lack of maintenance Improper installation leading to potential traps for children Tree stumps, anchoring posts and other tripping hazards that are not sufficiently covered or promptly removed No guardrails in elevated surfaces Pursuit of compensation begins with determining all the causes of your child’s injuries and the at-fault parties. Generally, to prove these elements you may require photographs of the playground, investigation, interviews with witnesses and other things. Working with a knowledgeable and experienced law firm can make it easier to file a lawsuit during this difficult time. You do not have to fight against an unsafe playground all alone. Suing a Public School for Injuries Many people don’t know that if their child gets injured while at a public school, they are not liable for paying any damages. In some situations, public schools are protected by governmental immunity. However, you should still get in touch with a law office if your child has been injured because of the negligence of a public school in New York. Suing a Private School for Injuries Private schools are different from public schools. They don’t receive governmental immunity. Parents can sue private schools for injuries suffered because of negligence. They can receive compensation for the injuries suffered by their child. Seeking Compensation Because of Negligent Teacher Teachers in New York City need to adhere to the minimum safety guidelines as told by the Board of Education. This is to ensure that children are safe when at school. You may be entitled to receive compensation if your child got injured because a teacher failed to act responsibly. Preventing Playground Injuries and Accidents Parents trust playgrounds in their neighborhoods and schools to be safe with properly maintained equipment. This trust can often be taken for granted. However, there are ways to ensure that playgrounds are safe by those regulating the play area to do the following: Posting signage that outlines age-appropriateness for designated areas of play and certain pieces of equipment Limiting the number of children playing in a designated area or on a piece of equipment Enforcing implementing proper ground surfaces other than concrete and asphalt Teaching children on playing safely on equipment Looking for trash and broken pieces of glass in the play area and routinely checking the equipment for broken pieces and sharp edges Educating children about proper play manners, such as no shoving, pushing or trampling Playgrounds are a favorite destination for children of all ages and they will continue to be developed in neighborhoods. It is a combined responsibility when it comes to keeping our children safe. However, proving the at-fault person in the event of a playground injury can be challenging. Frequently Asked Questions What are the time limits? Notice of claim for playgrounds operated by New York City should be filed within 90 days of the accident with the City of New York. These claims can be prepared by skilled attorneys and filed properly without missing the statute of limitations. You may not be able to sue the City for a playground injury if you fail to file the notice of claim within the stipulated period of time unless you attain a court ordered special permission. What happens once the notice of claim is filed? The City has the right to a hearing once the notice of claim is filed. They may ask you about the accident and how your child got injured. You should work with a capable attorney that can prepare you for these questions so that you know exactly what to expect. Should I consult with an attorney right away? You need evidence that there was negligence on behalf of the City in addition to ensuring that the notice of claim gets filed timely. Contemporaneous measurements by an investigator or expert and photographs of the condition that resulted in the injury make for the best evidence. If you don’t take the photographs you risk losing evidence if the City corrects the problem. Consulting with an Accomplished New York City Playground Injury Attorney Costs involved with litigating playground related injuries can quickly escalate if you file the claim on your own. There are several steps that are time consuming. You may not be able to determine the at-fault party and whether product defect or negligence was to blame. The cost of playground equipment related injuries run into several billions of dollars each year. Playground injuries may result in extended time off work to care for your injured child and costly medical bills. Your best course of action instead of tackling these legal issues on your own is to get in touch with a law firm that specializes in the area of playground liability. The legal team at Rosenberg, Minc, Falkoff & Wolff in New York consists of playground injury attorneys that are renowned for achieving desired results. We are standing by to help you understand your options and answer all your questions regarding the incident. Rosenberg, Minc, Falkoff & Wolff playground accident attorneys are prepared to prosecute the lawsuit in an aggressive and dedicated manner. We invite you to get in touch with us to discuss your case without any obligation. If you or your loved ones have been injured from playground in NYC or a free review of your case, call Rosenberg, Minc, Falkoff & Wolff, LLP today at 212-344-1000 or contact us online. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

A 36-year-old Long Island resident won a massive $101 million verdict after an accident at a 2013 concert left him with a life-threatening skull fracture. The organizers of the event, Live Nation, are legally obliged to compensate Mark Perez for past, present, and future sufferings, medical expenses, and lost earnings. Since the accident, Perez has undergone four brain surgeries and suffers from some permanent disabilities. A 36-year-old Long Island resident won a massive $101 million verdict after an accident at a 2013 concert left him with a life-threatening skull fracture. The organizers of the event, Live Nation, are legally obliged to compensate Mark Perez for past, present, and future sufferings, medical expenses, and lost earnings. Since the accident, Perez has undergone four brain surgeries and suffers from some permanent disabilities. How the Incident Happened On June 26th, 2013, Perez was setting up the Best Buy booth at the Jones Beach Marine Theatre in Wantagh when a forklift hit the 10-foot tall structure, resulting in a horrendous fall. The injuries sustained included a skull fracture that required immediate medical attention, and Perez had to undergo surgery on the same day. Initially, doctors declared that he only had a 10% chance of survival. Fortunately, he manages to pull through. The Aftermath The long-term and short-term effects of the accident were agonizing for Perez, to say the least. Even after four brain surgeries, he suffers from memory loss and requires constant care. Moreover, he will most likely need multiple more brain surgeries and is two to three times more susceptible to degenerative conditions, such as Parkinson’s disease, early-onset dementia, and Alzheimer’s. To make matters worse, the accident even resulted in a split-up with his long-time girlfriend. Later in 2013, Perez filed a personal injury lawsuit against Live Nation, the promoter organizing the event where he was injured. The injury attorney representing Perez had been handling the case ever since. Live Nation offered a $31 million settlement just a week before the trial started in Oct. 2013, but Perez chose to reject the offer. In 2016, a judge declared Live Nation liable for the injuries sustained by Perez in the accident. However, a jury was to decide the final payout. Finally, in Dec. 2019, the $101 million verdicts were announced, and the trial was officially concluded. Perez has publicly stated that he is grateful to the justice system. Live Nation and its legal representatives declined to make any comments. The Legal Aspect An accident that causes serious injuries or death is a matter that needs to be addressed from a legal standpoint. If you or any of your family members have ever been in an accident that was caused by someone else’s actions, you have the option to contact an injury lawyer for advice. Most legal professionals would say that pressing charges against the responsible party would be the right course of action because you’re entitled to fair compensation for your suffering. If you choose to file a lawsuit, having a good personal injury lawyer or wrongful death attorney by your side will give you a good chance of getting a fair verdict. However, these lawsuits can be very tricky, which is why it’s essential to hire an accident lawyer who has experience in cases similar to yours, whether it’s a burn injury lawyer, car accident attorney, pedestrian injury lawyer, or any other specialized accident lawyer in NYC. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

Keeping the roads of a busy and bustling city clean is no small task. New York City’s Department of Sanitation achieves this through the use of street sweepers. Considering their huge size, these machines require a lot of space and if you are not careful around one of these vehicles, you may find yourself hurt in an accident that has devastating consequences. If the accident involving a street sweeper is found to have been caused due to the negligence of the person driving it, the city can be considered at fault for the incident. Keeping the roads of a busy and bustling city clean is no small task. New York City’s Department of Sanitation achieves this through the use of street sweepers. Considering their huge size, these machines require a lot of space and if you are not careful around one of these vehicles, you may find yourself hurt in an accident that has devastating consequences. If the accident involving a street sweeper is found to have been caused due to the negligence of the person driving it, the city can be considered at fault for the incident. What are the Likely Causes of a Street Sweeper Accident in NYC? Street sweepers consist of a mechanical broom that helps to move debris towards a central area where it is collected by the use of vacuum. The collected debris falls into a bin that is positioned on the street sweeper itself. The machine uses either air or water that is forced onto the street in a swirling manner to help loosen the debris on the road and sidewalk. This makes it easier for the broom to collect the debris. Street sweepers move across the streets of New York City at different hours of the day beginning from early morning and continuing until the early evening. If these vehicles are operating in an area where the roads are congested with traffic, especially during rush hour, there is a greater probability of them being involved in an accident. People rushing to get to their workplace on time often speed around street sweepers and if they are not noticed by the driver of the machine, the result can be a nasty collision. If you or someone you love has suffered injuries due to another’s fault, you should speak to an experienced street sweeper accident lawyer in New York at the first opportunity. The most common causes of accidents involving street sweepers are as follows: Careless driving When drivers on the road are careless and speed, tailgate, turn without using blinkers or drive through red lights, they are very likely to cause accidents due to their recklessness. Other drivers on the road who don’t expect such carelessness may be unable to prevent a crash even if they are driving very carefully. Distracted driving Some drivers use their phones to call their supervisors for instructions or convey information; others use them to navigate to a particular place and yet others may use their phones to catch up on their personal calls or texts or social media feeds. If the attention of a driver operating a street sweeper is diverted from the road for even a small moment, the result may be a horrifying collision with other vehicles on the road. Driver fatigue Street sweepers operate on a changing schedule that may disrupt the sleep patterns of the drivers. A driver who has not had sufficient sleep will show up to work exhausted and their fatigue may lead to a slowing of reaction time, reduce their motor coordination and also affect their ability to make split second decisions, all of which are critical to avoid accidents. Lack of driver training A street sweeper is a huge and heavy vehicle and has several blind spots. Driving the vehicle while operating the cleaning tasks is not an easy job and calls for a lot of skill. Unless a driver is sufficiently trained, they may not be competent in operating the vehicle safely, and are likely to cause an accident. Equipment malfunction Some street sweeper accidents in New York may also be caused due to a malfunction of the vehicle. This is likely to be a result of the defective parts in the equipment or inadequate maintenance of the street sweeper by the Department of Sanitation. What are the Consequences of a Street Sweeper Accident in New York? The large size of the street sweeper can cause severe damage even if the vehicle has not been moving at a high speed at the time of collision. The most common injuries that may occur in New York street sweeper accidents could involve: Sprains Dislocations Fractures Neck and spine injury Traumatic brain injury Organ damage Internal bleeding Paralysis Loss of limbs The more severe injuries may have a serious impact on your physical and emotional health. You may be unable to go to work and this could affect your finances too. If you have been hurt in a street sweeper accident in New York, it is critical that you file for damages to compensate for the losses you have suffered due to the negligence of another party. A competent personal injury attorney in NYC with experience of dealing with street sweeper accident lawsuits can help you get the compensation to which you are entitled under New York law. Who is Liable for a Street Sweeper Accident? Street sweepers in New York are generally operated by employees belonging to the Department of Sanitation. The Department posts signs at different parts of the City informing people about the places that will be covered by the street sweepers during the week at a given time. This ensures that people part their vehicles accordingly so as to not block the way of the street sweeper. When it comes to street sweeper accidents, merely proving negligence by the usual standards of any other road accident will not suffice. If you have been hurt in an accident caused by a street sweeper operated by the City, to hold either entity liable, you must prove that the driver of the vehicle or the city was reckless in its action. In the rare case of a privately owned or operated street sweeper causing your accident, the company that owns or operates the vehicle can be held liable for injuries that result from negligence. What Damages can you Claim for Street Sweeper Accident Injury? If you have been hurt in an accident caused by a street sweeper, you can claim damages for all the expenses or losses you suffered due to the event, such as: Medical treatment Therapy or rehabilitation Damage to property Lost wages Pain and suffering Winning this claim is not an easy task, though. Only a skilled personal injury lawyer who has experience with handling previous cases of street sweeper accidents can help you build your case to be able to prove recklessness of the driver of the vehicle or on the part of the city. A Few Examples of Street Sweeper Accidents in NYC Street sweeper accidents may occur due to collision with a vehicle or due to mechanical faults in the operation of the cleaning brooms. Here are a few examples of street sweeper accidents in NYC over the past few years. In one incident, a street sweeper slammed into a man because the operator didn’t put the machine in park mode before taking his foot off the brake. The victim was crushed to death in the shocking accident. His widow brought a lawsuit against New York City and the family won over $40 million in damages. A man’s Jeep was struck by a street sweeper in the Bronx while it was sweeping. The driver of the street sweeper insisted that the man had been driving in the central lane and abruptly moved to the right. Plaintiff claimed that the street sweeper struck him as he was pulling into the street from the right curb. Plaintiff won a $1,500,000 settlement before the case went to trial by jury. During a routine sweeping operation, a sanitation worker tried to dislodge a truck tire that had got sucked into the street sweeper. Although he had turned the sweeper off, the pressure that built up inside pulled in his arm when he tried to move the tire. This accident resulted in a fracture of the humerus bone of the arm. Talk to a Dedicated Personal Injury Lawyer in NYC Major accidents involving New York City street sweepers can cause injuries that put an end to your lifestyle as you knew it before the accident. Besides the immediate medical treatment, you may be looking at grave injuries that cause permanent disability or affect your ability to earn a livelihood and provide for your family. Personal injury lawsuits brought against municipalities are far more complex than litigation in case of a typical car accident. The time frame for filing the injury claim is far lesser too, and if you fail to meet the strict rules regarding the filing, you may lose your right to recover damages. To make sure you win the compensation that is your due, it is vital you hire the best personal injury attorneys in NYC who have decades of experience in aggressively pursuing cases against the city. If you or a loved one has been injured in a street sweeper accident in New York, get in touch with our experienced attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP. With our network of resources and experts in the medical, investigational, and financial fields, we can help you build a case that is strong enough to win you the highest compensation to which you are entitled. Call us today at 212-344-1000 or contact us online for a free and confidential consultation. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.