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When you file a personal injury claim for damages you sustained in a New York car accident, the settlement is most likely to involve a payout through the insurance company of the individual whose negligence caused the crash. It is common practice for insurers to run an investigation of the accident to verify the claims you make. When you file a personal injury claim for damages you sustained in a New York car accident, the settlement is most likely to involve a payout through the insurance company of the individual whose negligence caused the crash. It is common practice for insurers to run an investigation of the accident to verify the claims you make. As part of this activity, it is quite likely that you will be watched by someone hired by the insurer. However, there are definite limits to what they can and cannot do, and it’s vital that you stay aware of these aspects. It’s best that you hire a knowledgeable and competent New York City car crash lawyer to represent you in the negotiations with the insurance company for your personal injury claim. Why Do Insurance Companies Watch NY Personal Injury Claimants? When you have been hurt in an accident that was someone else’s fault, it is natural for you to want to get the maximum possible compensation for your injuries. So, you will have provided details of all the expenses you incurred for your medical treatment, hospitalization, medication, and therapy. Your claim will also include details of the wages you lost due to your inability to work, and information of the non-economic losses you sustained in the form of pain and suffering. The insurance company that has to pay this amount naturally seeks to verify the truthfulness of your claims before handing over such a large sum of money. In doing so, they will carefully probe all the information you provide to see if everything is in order. A vital fact to remember is that the aim of the insurance company is the total opposite of your goal. You want the maximum possible compensation, but the insurer’s prime objective is to pay you as little as possible. In order to achieve this goal, they carry out a thorough investigation of the case, often even hiring private investigators to probe each and every small detail to verify whether you are telling the truth. Is it Legal for Insurance Companies to Spy on NYC Car Crash Victims? As someone who is struggling to recover from an injury caused due to someone else’s fault, it is natural to resent being spied upon as if you have committed a crime. Unfortunately, as long as the surveillance is restricted to information that is public knowledge, there is nothing you can do to avoid it. Under the law, there is no restriction on a private investigator who follows you in a public place or one who collects information in the public sphere. Even your online activity may be legally watched by an insurance investigator. However, the law prohibits investigators from activities that are a violation of your privacy. No investigator can enter private property without permission; they also cannot hack your phone or other devices. While they cannot enter your home or office to spy on you, they can certainly watch you when you stand on your porch or when you walk outside to take the garbage out. If you find yourself being followed so closely that you fear that you are being stalked, you certainly have the option of approaching the police so that the facts can be established. Although an investigator may follow you in public, it is totally against the law for them to commit an act of intimidation. If you find yourself being followed in an aggressive manner, or receive any verbal or non-verbal threats from an investigator, you are well within your rights to raise a complaint. What Information Do Insurance Companies Seek Through Surveillance? Insurance companies are basically on the lookout for any information that can help them cast a doubt on the validity of your New York car crash injury claims. So, they may hire investigators to watch you as you move around in public. They may follow you when you visit the doctor or your lawyer for a consultation. They may observe you in any public place that you visit, and will especially focus on how you walk and what activities you perform. These observations may then be used against you, to insinuate that your actions indicate that you have not really been injured as badly as you claim. Follow Your Doctor’s Advice Regarding Rest and Permitted Activities Refrain from activities that have been prohibited by your doctor. If you have been asked to take complete rest at home, follow that advice. If you have been told not to bend over or lift heavy objects, avoid doing those things, because a failure to comply can take a toll on your health. Be especially mindful of these things when you are outside your home in public view because an investigator who’s watching you will be looking for exactly such moments. If they obtain photographs or video footage to show that you have disobeyed the doctor’s guidelines, the insurance company will claim one of the following to discredit your injury claims: That your injuries are not really as bad as you claim them to be, and that this is the reason why you are able to bend over or lift heavy objects. That you are not really serious about recovering your health, and that your injuries are worse due to your careless attitude, and that their client is not really responsible for this. Avoid Returning to Work Earlier Than Prescribed by Your Doctor If your doctor has advised that you can resume work at the office a month after the injury, follow those guidelines. No one likes to stay inactive and you may be itching to get back to work because you’re bored sitting at home, or perhaps the financial situation is such that you cannot afford to lose your wages. However, it is vital to remember that returning to the office earlier than recommended by the doctor can be used by the insurance company to diminish your personal injury claim. If you find your employer pressurizing you into an early resumption of your work duties, it is good to consult an experienced New York City car crash attorney to discuss your rights as an employee. Be Careful with What You Post on Social Media After Your NYC Car Crash Electronic surveillance by insurance companies is on the rise. Social media posts are a storehouse of information for insurance companies because it is easy to anonymously snoop on personal injury claimants. Whichever social media site you use – Facebook, Twitter, Instagram, LinkedIn, YouTube, or even Google – investigators can use software to dig all these sites for information on your activities. Keeping this in mind, it is best to not post anything at all regarding your injury on any social media site. For example, if you got together with family or friends a few days after your car accident and put up photos of the event on Facebook, the insurance company could use that information to claim that your injuries are not as severe as you claim. Here are a few tips to keep in mind when you use any of these sites after your accident: Change your privacy settings so that any information you post is not visible to the general public. This will make it more difficult for investigators to access your posts. Avoid accepting connection requests from persons you don’t know personally. Turn off the geolocation on all social media sites you use. Assume that all your posts are being monitored by the insurance company and be very careful about what you write. For example, if you put out a post about being injured, it is quite natural for your friends to react with anxiety. In trying to reassure them, you are likely to make statements such as, “Don’t worry, I’m fine.” However, such polite and innocuous statements can be easily twisted by insurance companies to show that you were, in fact, not really injured in the car crash for which you are claiming damages. Avoid participating in online discussions regarding issues related to insurance or injury claims. Any comment you post on a blog, or in a chat room can easily find its way to the insurers and be used against you. Contact an Experienced Car Crash Attorney in New York Today If you or a loved one has been injured in a New York car accident, recovery can be a slow and painful process. Having to deal with the angst of being under surveillance by the insurance company can cause you even more stress. Consulting a hard-working and proven NY car accident lawyer can help you understand what rights you have in such situations. When insurance companies realize that you have engaged legal counsel, their attitude may undergo a drastic change. Not only do they realize that you are serious about your case, but they will also be more careful about their actions relating to putting you under surveillance. Our personal injury lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP, have a lot of experience in dealing with insurance companies whose activities create stress for our clients. To discuss the specifics of your case, 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.

A vehicle that is in good working condition is vital to ensure the safety of the person who uses it. When our vehicles develop some mechanical glitch, the auto repair shop can usually help us correct the problem. While most auto repair shops do a thorough check of the vehicle, there may be car repair shops in NYC that are negligent in their work. A vehicle that is in good working condition is vital to ensure the safety of the person who uses it. When our vehicles develop some mechanical glitch, the auto repair shop can usually help us correct the problem. While most auto repair shops do a thorough check of the vehicle, there may be car repair shops in NYC that are negligent in their work. Data from the Federal Trade Commission shows that fraud and negligence in auto repair cases rank high on the list of consumer complaints. This indicates that there are a significant number of auto mechanics that behave in an irresponsible manner and their actions pose a grave risk to everyone on the road. If you get injured in a car accident in New York and an investigation shows that the accident was caused due to a technical snag that was not repaired by the auto repair shop, they can be held liable for the injuries that resulted from the auto repair car accident. What Types of Negligence in Auto Repair Can Cause NY Accidents? While most repair shops in New York City are responsible in their actions, there may quite a few service providers who try to get away with inferior quality work. In some cases, even a responsible auto repair shop may end up causing damage if one of their employees has been negligent in their actions. Here are a few examples of negligent work by auto repair mechanics: Lack of sufficient inspection of the vehicle due to which major problems are not noted and corrected Failing to effect a total repair of parts that may be worn out or broken Replacing a defective or damaged part with an incorrect one Damaging the engine or any other vehicle part in the course of the repair work Using a wrong procedure for vehicle maintenance or repair Failing to perform a thorough cleaning of the debris that is present in the vehicle following a repair job Carrying out a modification of the vehicle in a manner that renders it illegal for use on a public road How Can I Establish Liability of the NY Auto Repair Shop? In order to establish that the auto repair shop was liable for your car accident, it is vital to prove the following conditions existed: That you were owed a duty of care by the auto shop because of the nature of your contract with them for repairs on your vehicle That the auto repair shop failed to meet that duty of care and their actions in servicing your vehicle were careless or negligent That the negligence or carelessness of the auto repair mechanic was the direct cause of the injury or damage or losses you suffered in your vehicle accident Consider this scenario in which someone visits the auto shop to have their car’s brake pads replaced. After the repair is completed, as they head home, the car’s brakes fail to work and as a result, they collide with another vehicle and suffer a traumatic brain injury. In this situation, if it can be shown that the auto mechanic failed to replace the brake pads in the appropriate manner, they could be held liable for your accident. When is the Auto Mechanic Shop Not Liable for an NY Car Accident? If someone has had their car recently serviced or repaired, and they get into an accident soon after, they are quite likely to jump to the conclusion that the auto shop’s negligence led to the accident. This appears even more plausible in situations when an investigation reveals that it was a defective auto part that was responsible for the accident. However, despite all such evidence, it is quite likely that the auto mechanic may not be held liable for an accident, if it can be shown that the vehicle owner disregarded the mechanic’s advice. Auto repair mechanics often give their opinion and advice regarding all the repairs that need to be carried out on a vehicle. Vehicle owners sometimes choose to willfully ignore such advice, and fail to authorize the action the repair mechanic advised. If the same vehicle owner then gets into an accident caused due to the same defect that the mechanic pointed out, the auto repair shop cannot be held liable for the accident. Tips on How to Deal With New York Auto Repair Mechanics When we interact with auto repair shops, it can be difficult to ensure that our vehicle receives the necessary attention. Here are few tips to follow to make sure that the negligence of the mechanic does not lead to your auto repair car accident in New York: Have your vehicle serviced or repaired only with an auto repair shop that is registered with the NY State Department of Motor Vehicles. This is easy to identify from the green-and-white sign that hangs outside the shop with the words indicating that it is a registered mechanic shop. Get a written estimate of the work they expect to complete on your vehicle. Make sure this includes information of the repairs they will perform, the parts they will replace or service and the estimate expense involved in this process. Give a written authorization to carry out the repair work. Orders given verbally must be recorded on the final invoice. Collect the old or defective parts that were replaced. Scrutinize the repair record given in the invoice. Check to see that every repair and replaced part is mentioned in the invoice you receive. In case the repair shop is offering you a warranty or a guarantee of their repair work, check if the terms and limits of such items are mentioned in clear terms. You may have noticed that some auto repair shops in New York put up posters with disclaimers stating that they are not responsible for any accidents that occur following the repair. However, it’s crucial for you to remember that these disclaimers have no legal validity and under The Repair Shop Act of New York, the auto repair shop can be held accountable if you suffer an injury in an accident caused due to their negligence. Can an NYC Mechanic Be Sued for Misdiagnosis of Fault? It’s not completely exotic when a mechanic fails to identify the exact problem with their vehicle. If this happens with your vehicle and later, you get into an accident; your mechanic may be held responsible for a misdiagnosis and can be sued through a misdiagnosis negligence case. If you decide to file such a lawsuit, the onus is on you to prove that this particular mechanic did not exercise the level of care that is expected from any repair mechanic in the given scenario. Also, you will have to prove that the wrong diagnosis of fault was foreseeable and therefore, it was the carelessness of the mechanic that was responsible for your accident and the injuries you suffered. Reasons to Engage a New York City Auto Maintenance Accident Attorney When you have been injured in an auto repair car accident caused due to negligence of a mechanic, it can be quite difficult for an individual to prove liability. Auto shops always argue that they performed repairs in the correct manner, and they try to escape fault by claiming that the issues that caused the accident were unrelated to their repair work. Another common ploy used by most auto repair shops in New York is to argue that your accident was an unforeseen event and therefore, not their fault. In quite a few cases, automobile repair shops have also been known to falsify their records to show that certain problems were repaired when in reality, those repairs were not carried out. Identifying such situations is not easy for the accident victim but it can be done by engaging automobile experts and this is one important reason to engage an auto repair accident lawyer. When you engage a skilled auto repair accident attorney, they have the resources to carry out an independent, comprehensive investigation that throws up evidence in your favor. They can also engage engineering, automobile, and medical experts and accident reconstruction specialists to prove that your accident was indeed a result of the auto repair mechanic’s negligence. Contact an Experienced Auto Repair Car Accident Lawyer in NYC Today If you or a loved one has been injured in an auto accident caused due to problematic repairs of your car, it’s important to pursue your case aggressively. This will help you recover the damages due to you for the loss you sustained, and also serve as a deterrent to the auto repair shop to avoid such negligence in the future. At Rosenberg, Minc, Falkoff & Wolff, LLP, our personal injury attorneys have several years of experience in winning compensation for clients injured in car accidents caused by auto repair shop negligence. To understand how we can help you recover the damages that are your due, contact us today at 212-344-1000 or contact us online for a free and confidential case evaluation. 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.

The incidence of auto accidents in New York has increased over the years due to growing traffic on the roads. Data from the National Highway Traffic Safety Association shows that a majority of these automobile crashes arise from avoidable causes. Human errors such as speeding or driving under the influence of alcohol or distracted driving are unfortunately responsible for a very large number of serious car accidents. The incidence of auto accidents in New York has increased over the years due to growing traffic on the roads. Data from the National Highway Traffic Safety Association shows that a majority of these automobile crashes arise from avoidable causes. Human errors such as speeding or driving under the influence of alcohol or distracted driving are unfortunately responsible for a very large number of serious car accidents. The victim of a car accident is entitled to file a personal injury case against the party at fault for the crash. Unfortunately, it may so happen that someone who filed a car accident personal injury claim later dies due to their injuries. In such an event, the personal injury case gets converted into a wrongful death lawsuit in New York City. How is Wrongful Death Defined in New York? Under New York law, wrongful death is defined as death caused by an act of neglect, or default or a wrongful act that the deceased accident victim could have pursued for damages through a personal injury lawsuit if they had survived. When an accident victim dies from the injuries they suffered due to the accident, a lawsuit cannot be brought to court in their name; another party must bring the lawsuit on behalf of the deceased individual. The different events that qualify to be labeled as neglect, or default or wrongful act include: Medical malpractice incidents Incidents arising out of negligence, such as car accidents Intentional acts What Events Qualify for an NYC Wrongful Death Claim? Several circumstances may lead to the filing of a wrongful death claim in New York City. Some of the common ones include the following: Car accidents that result from the party at fault driving in a reckless manner or under the influence of drugs or alcohol Truck accidents involving passenger vehicles and large trucks or tractor-trailers Workplace accidents at manufacturing plants, construction sites and other hazardous occupations or work environments Medical malpractice cases that arise when doctors or hospitals do not provide the adequate care, or due to errors during anesthesia or surgery, or misdiagnosis, wrong prescriptions and use of defective medical devices or equipment Product liability cases in which someone is killed due to defective tools or appliances Crimes of violence such as homicide or assault or death that occurs due to crime What are the Elements Necessary to Claim Wrongful Death Damages in New York? Under the New York Estates, Powers, and Trusts Code, establishing a wrongful death claim requires one to produce evidence of these five elements: Death That the death was caused due to the negligent party’s wrong conduct That the deceased victim could have pursued this cause of action in court if they had not died That there are one or more persons in the family of the victim who have suffered a loss due to the death of the accident victim That there are damages that can be recovered by the victim’s estate Who Can File a Wrongful Death Lawsuit in New York? It is undoubtedly the deceased victim’s family members that are the ones most affected by their death. However, they are not eligible to bring a wrongful death lawsuit in New York. Under New York law it is only the personal representative or the executor of the estate of the deceased individual who can bring a wrongful death lawsuit to court. However, if a family member is also the executor or representative of the deceased victim’s estate, they may file a wrongful death claim. What Damages Can be Recovered in Wrongful Death Claims in NYC? The damages one may recover in a wrongful death claim will vary based on the specifics of the case. However, in general, it is known that damages may be awarded for the following losses in cases of wrongful death in New York. Burial and funeral expenses Expenses related to the medical and nursing care provided during the final illness or injury of the deceased person The conscious pain and suffering that the victim underwent due to their final illness or injury The financial loss incurred due to a loss of wages in the period between the victim’s illness or injury and their death The quantum of services and support that the deceased provided to the members of their family The value of care, guidance and nurturing the deceased provided to the surviving children The inheritance loss suffered by the deceased’s surviving children A figure of 9 percent interest on the amount awarded as damages, calculated from the day when death occurred What are the Time Limits for Filing a New York Wrongful Death Claim? Under New York’s statute of limitations, there are definite time frames within which damages claims must be brought. For wrongful death claims, this period is generally two years from the date when the accident victim died. After this period, no wrongful death claims will be allowed. There is no exception to this two year period even if the executor of the deceased person is a child or in any way incapable of legally filing the claim. Instead, in such cases, the guardian of the child or the incapable executor is allowed to file the wrongful death claim. However, there may be exceptions to this two-year limit as follows: In medical malpractice cases that turn fatal for the victim, the statute of limitations is 2.5 years from the date of their death. In case the event that caused the death has led to a criminal case too against the party at fault for the death, the statute of limitations will be one year from the date of the end of the criminal case. How Can You Prove a Wrongful Death Case in NYC? To be able to recover compensation in a New York City wrongful death lawsuit, it is important to establish fault of the other party. To be able to do this, you will have to prove that: The defendant was legally obliged to exercise due care towards the deceased The party at fault breached this legal obligation and behaved in a negligent manner The death of the victim was a direct outcome of the negligence or intentional actions of another person. There was economic and non-economic loss you suffered due to the wrongful death of the victim If the victim had survived the accident, they could have brought a personal injury lawsuit and The estate of the victim is entitled to receive damages that resulted from the accident. If you bring a wrongful death claim, the burden of proving these crucial elements is on you. This can be quite a complex task for someone who does not know the ways that legal systems function. That is why it makes sense to engage the services of an expert wrongful death claims attorney in New York to handle your lawsuit. An important aspect to consider when bringing a wrongful death claim is the employment status of the deceased at the time of death. Even in cases where the deceased person was unemployed at the time of their death, it is possible to claim compensation for other damages such as their pain and suffering before death and the loss of parental guidance and companionship caused by their death. Who Receives the Compensation in Wrongful Death Cases? Under New York laws, the settlement funds are distributed as per the following guidelines. If the deceased has a spouse and children, the spouse will get $50,000 and 50 percent of the settlement balance. The remaining 50 percent is divided among the children equally. If there are no children, the entire settlement amount goes to the spouse. If there is no spouse, but there are children, the settlement gets equally divided among them. In the event of the deceased having neither a spouse nor children, the entire settlement amount is given to their parents. Get in Touch with an Experienced NYC Wrongful Death Claim Attorney Today Losing a loved one to a fatal accident can be devastating and cause immense emotional pain that may take years to heal. Under such overwhelming circumstances, it can be difficult to find the energy to deal with a lawsuit. However, it is important to pursue legal action to obtain the compensation to which the law entitles you, and also to make the negligent party pay for their fault. At Rosenberg, Minc, Falkoff & Wolff, LLP, our compassionate wrongful death lawyers have helped several families deal with the upheaval caused by losing a loved one in accidents. When you sign us on, we will take care of all the work that goes into building a strong wrongful death claim, so that you do not need to find the mental energy to deal with these aspects, and can, instead focus on healing from your hurt. To know more about how we can help you recover the damages due to 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.

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.

Wearing a seat belt is the simplest way to ensure your safety when traveling in a motor vehicle. Whether you are on a long drive out of town, or simply running an errand a few blocks away, car accidents can happen out of the blue. According to the National Highway Transportation Safety Administration (NHTSA), most fatal accidents occur at speeds below 40 mph and often within a distance of 25 miles from home. Wearing a seat belt is the simplest way to ensure your safety when traveling in a motor vehicle. Whether you are on a long drive out of town, or simply running an errand a few blocks away, car accidents can happen out of the blue. According to the National Highway Transportation Safety Administration (NHTSA), most fatal accidents occur at speeds below 40 mph and often within a distance of 25 miles from home. Unfortunately, many people fail to follow the basic seat belt rule that first came into effect in 1984. Persons riding in vans, SUVs, or pickups sometimes tend to believe that their vehicles are sturdier and therefore, they do not need to wear a seat belt. However, data shows that wearing a seat belt can cut the risk of a fatal injury by 60 percent even in such vehicles. Close to 37 percent of New York’s highway deaths every year can be traced to car occupants not wearing a seat belt, says data from the Governor’s Traffic Safety Committee. Choosing to not wear a seat belt may not just increase the risk of a serious personal injury, but may also render you incapable of claiming damages in the event of an accident. Significance of Following Seatbelt Laws in New York When an accident takes place, one vehicle collides with another vehicle. Besides this, there is also the collision of the persons inside the vehicle with the vehicle’s interior surfaces. What seat belts do is restrain the movement of the upper portion of the body when a crash occurs. Thus, injuries are less severe when car occupants are wearing seatbelts. Seatbelts also play an important role in high-impact collisions where they help to prevent the car occupants from being ejected out of the car. Data from the NHTSA shows that seatbelts cut the risk of critical injuries by 50 percent. Studies conducted by safety experts show that close to two-thirds of the fatalities in car accidents can be prevented if motorists are responsible for wearing their seatbelts. New York Laws Regarding Use of Restraints and Seatbelts Under New York State law, anyone aged 16 and above must wear a seat belt when they are seated in the front seat of a vehicle. Failure to do so can invite a ticket from law enforcement authorities. If a person below 16 years of age is traveling in the vehicle, they need to wear an age-appropriate restraint regardless of where in the vehicle they are seated. Children under age 4 must be in a child safety seat, and those between ages 4 and 8 must be in a booster seat. Kids aged between 8 and 16 may wear seat belts. A failure to comply with these rules can invite not just financial penalty but also points on the license of the person who is driving the vehicle. From November 1, 2020, New York requires all passengers inside a vehicle to buckle up irrespective of whether they are riding in the front or the back. Vehicles with passengers who are not wearing a seat belt can be pulled over and tickets issued. This law is applicable to any individual above the age of 16 whether they ride in personal vehicles or use ride-hailing services and taxis. Tips for Seatbelt Safety in New York While modern vehicles come with multiple newer safety features designed to provide protection, the fact still remains that wearing a seatbelt is still crucial to your safety in the event of an accident. Your car may have the latest state-of-the-art airbags and yet, these may not be able to protect you in a high-impact collision. In some cases, the force with which an airbag functions itself may lead to a personal injury or even cause fatality if the car occupants are not buckled up. Here are a few tips to guide you regarding how to wear a seat belt in the correct manner because the improper wearing of a seat belt can be equally dangerous. When you buy a new car, check if the seat belts are a good fit for you and your family members. If necessary, contact the vehicle manufacturer to get seat belt adjusters or extenders to ensure the right fit. When adjusting the seat belt, make sure that the lap belt and shoulder belt portions fit securely across your pelvic region and rib cage. This is crucial to prevent the impact of the upper part of your body with the car’s interior surfaces in the event of a crash. Always place the lap portion of the belt across your hips and not around your stomach. Keep the shoulder belt away from your neck and spread it across the middle part of your chest. Never loop the shoulder belt under your arm or behind your back. If your car is an older model that has only lap belts, check if the manufacturer can provide you with a re-fit of the current lap-shoulder belt combination. What is New York’s Pure Comparative Negligence Rule? New York adopted the ‘Pure Comparative Negligence Rule’ in 1975. Under this law, the damages an accident victim can recover are reduced to the extent of their contribution to the accident. Defense lawyers often use this law to curtail the compensation granted to the plaintiff. Yet, under this law, you are often at an advantage because even if you are partly at fault for the accident, you can still recover a part of the damages unlike plaintiffs in other states that use the modified comparative fault rule. If you have been involved in an NYC car accident, while the pure comparative negligence rule may work to your advantage, there is another law called the seat belt defense law that could prove to be your undoing in certain situations. Your compensation in a personal injury claim in New York may get linked to whether or not you were wearing a seat belt. What is New York’s Seat Belt Defense Law? Like some other states, New York has a unique seat belt defense law that reduces the number of damages that can be recovered in cases of personal injury caused in car accidents. If you have been involved in an accident and claim compensation for personal injury, the number of damages you receive can be drastically low if it can be proven that you were not wearing the seat belt at the time of the accident. Insurance adjusters will compare your present injuries against the probable injuries that would have resulted if you had been wearing a seat belt and reduce the payment you receive accordingly. At-fault drivers can use testimony from experts such as doctors, engineers, and car accident reconstruction specialists to show that the victim’s injuries occurred or were exacerbated due to their failure to wear a seat belt. Fighting against such a seat belt defense can be tough and therefore, it is best to avoid getting into such a situation by always wearing a seatbelt when you travel in any motor vehicle. What are the Implications of a Successful Seat Belt Defense? If the accident victim is proved to have been without a seat belt at the time of the accident, the damages awarded may be reduced. However, this does not mean that the defendant can get away with all damages that their acts have caused. A successful seat belt defense only reduces the defendant’s liability for those injuries that could have been prevented or reduced if the plaintiff had been wearing a seat belt at the time of the accident. While wearing a seat belt is every car occupant’s responsibility, if you happened to not wear one and sustained an injury in an accident caused by another party’s fault, you can certainly pursue a claim for personal injuries or property damage. This is where consulting and working with an experienced and competent car accident attorney in NYC can make a huge difference to the amount that you recover as damages. Contact a New York Car Accident Personal Injury Lawyer Today Being injured in a serious car accident in New York can be a harrowing experience. Once you have ensured that you receive the necessary medical attention to recover from your injuries, it is vital that you file for damages to compensate you for the losses that you sustained. Even if you think that you have been partly to blame for the accident, or if you regret not wearing a seat belt at the time of the accident, get in touch with our car accident personal injury attorneys in New York at the earliest. At Rosenberg, Minc, Falkoff & Wolff, LLP, we understand the challenges posed by the seat belt defense law of New York. For years now, we have helped accident victims seek justice for the damages they sustained in accidents caused due to the fault of another party. Whether it is to negotiate with the insurance adjusters or represent our clients at a court hearing, our car accident lawyers have the necessary resources and experience to make sure you win the compensation to which you are entitled. For a free confidential case review, c all Rosenberg, Minc, Falkoff & Wolff, LLP 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.

Companies often provide transportation facilities for their employees who have to travel far distances to work. This not only makes it simpler for the employee to commute but also acts as a tax write-off, proving advantageous for the employer. Like any other car traversing the congested streets of New York, a company car may also be involved in an accident and if this happens, determining liability can get quite complicated. It is important to understand the legal aspects of company car accidents in New York. Companies often provide transportation facilities for their employees who have to travel far distances to work. This not only makes it simpler for the employee to commute but also acts as a tax write-off, proving advantageous for the employer. Like any other car traversing the congested streets of New York, a company car may also be involved in an accident and if this happens, determining liability can get quite complicated. It is important to understand the legal aspects of company car accidents in New York. When is an Employer Held Responsible for an Accident in New York? Under New York’s clause of “vicarious liability”, an employer is legally liable anytime their employee is involved in a collision that occurs while traveling in a company car. If the employee causes an accident that leads to an injury to another individual, the employer is held responsible if the accident occurred at a time when the employee was performing some task related to their job. For example, an employer cannot be held accountable for an accident that occurs when the employee was driving their child to music class but will be held responsible for an accident that occurs when the employee is driving to a client meeting. Vicarious liability will apply only when the company car accident and injury occurred during the course of employment. However, there are exceptions to the vicarious liability clause. In certain unique situations, the employer is not considered liable even if the employee is acting within the scope of their employment. Generally, when the employee gets involved in some kind of a crime, the company may be able to avoid vicarious liability in New York. When is a Driver Considered at Fault for an NYC Car Accident? When a car accident is a result of a driving error, the person driving the car is considered at fault for the accident. Road crashes that occur due to speeding, tailgating, distracted driving, failing to yield way, not using the right turn signals, executing illegal lane changes, and driving when fatigued are all examples of situations that are considered the driver’s fault. If an employee has indulged in reckless driving or violated the company’s rules while making use of the car, the employee alone is considered responsible for any accident that may result. Such employees may be terminated by the company and there can be no question of the victim of the accident seeking compensation from the at-fault driver’s employer. If an employee uses the company car to run a personal errand and strikes someone, the victim cannot sue the company but will definitely sue the person who struck them. Having insurance to cover the company car helps in such instances. If you do not have such cover, it is highly likely that you will have to face a personal lawsuit. If your accident was caused due to a technical fault with the car that the company provided you, you could raise a claim against your employer. However, to be able to do so, you will have to prove that the car was defective and that the accident was entirely a result of its malfunction. Speak to a knowledgeable company car accident lawyer in New York City for the best legal advice. What is the Pure Comparative Fault in New York? Under New York law, if there are two parties at fault for an accident, both can sue the other party. How much compensation each party receives will depend on the degree of their contribution to the crash. If a driver was speeding through an intersection and collided with another driver who was texting while driving, both drivers are at fault for the accident. In these cases, if one of the drivers was using a company car, the employer can be held vicariously liable if the employee is found to be more than 50 percent responsible for the accident. What if You are Injured When Traveling in a Company Car? While negotiating the heavy traffic of New York, it is quite possible that you may be the victim of an accident when driving your company car. If this happens, you can certainly claim compensation for the cost of your medical expenses, the pain and suffering you sustained, and the wages you lose for having to take time off from work to recover your health. If you are involved in such an accident, make sure you collect details of the party at fault and promptly report the crash. In most cases, the offending driver will have insurance and you can recover damages from their insurer. However, in the rare event of the other driver not being covered by insurance, you will have to look elsewhere for compensation. Many employers provide no-fault benefits to replace a part of the wages you lose and provide for your medical expenses. Workers’ Compensation in Relation to Car Accidents in New York If an employee is injured in a car accident that takes place on work time, they may qualify to receive workers’ compensation. Whether the accident involved a personal car or a company car, the employer is liable if you were on the job when the crash occurred. Some examples of such situations include: Accidents that occur when commuting to an off-site job Injuries sustained while making a work-related delivery Collisions that take place while running an errand for your employer Any form of official travel for which you receive reimbursement from your employer What Happens After a Company Car Accident in New York? If you have been injured in an accident while traveling in the company car, make sure you immediately seek medical assistance to deal with your injuries. If your injuries are relatively minor and do not need immediate medical attention, make sure you pull your vehicle over to a safe spot and then collect photo or video evidence of the crash site and the condition of the cars involved in the crash. Get the name, address, license details, and insurance information of the other party or parties involved in the company car accident. At the first opportunity, inform your employer regarding the specifics of the accident. Company representatives will probably rush to the crash site to gather evidence that can be put together to reconstruct the events that led to the collision. Insurance companies and lawyers of both parties will get to work soon after to determine liability for the accident. This is the time when there will be an examination of the facts to determine if the concept of vicarious liability is applicable to the accident. If the accident victim accepts the offer for compensation made by the insurer of the party at fault, the case gets settled relatively faster. However, if this does not happen, the case then moves to a court trial with the jury or the judge taking the call on who is at fault and on whether the situation qualifies as vicarious liability. Seek Legal Help if You Were Involved in a Company Car Accident in NYC If you have been involved in an accident while driving a company car, on company business, it is quite likely that your employer will be responsible to handle the consequences. If you have been the victim of an accident caused by a company car, you can sue the person driving the car or their company depending on the circumstances and nature of the crash. Whatever be the specifics of such accidents, they can be legally far more complex than a simple car accident personal injury case. Therefore, it is vital that you seek legal help at the earliest to make sure you are not wrongly implicated or deprived of the benefits you deserve. Dealing with large insurance companies and private corporations can be a challenge for an average individual. Therefore, it is best to get legal representation from a personal injury lawyer who specializes in company car accidents in New York. Experienced Company Car Accident Lawyers in New York If you have been in an accident while driving your company car or if you have been injured in an accident caused by a company car, there may be several difficult questions to answer. Who was at fault for the accident – the company or the employee driving the company car? Who must pay compensation to the accident victim – the person driving the car or the company who owns the car? Is it wise to accept the settlement proposed by the insurance provider of the party at fault or should you take your case to a court trial? A competent car accident attorney can help you make sense of even the most confusing of situations so that you do not end up paying damages when it is the company that must do so. If you have been injured by a company car, a tenacious car accident lawyer can help you easily get the compensation you deserve. Our personal injury lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP have several years of experience working with accidents involving a company car. We have helped several hundreds of clients get the compensation they deserve for the injuries they have suffered. To know more about how we can help you, c all Rosenberg, Minc, Falkoff & Wolff, LLP 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.

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. .

Most of us use parking lots every day as part of our daily routine of driving and commuting, without giving them much thought. While it is not a cause of much concern or immediately obvious, there are several ways a person might sustain injuries in a parking lot. Most of us use parking lots every day as part of our daily routine of driving and commuting, without giving them much thought. While it is not a cause of much concern or immediately obvious, there are several ways a person might sustain injuries in a parking lot. Defective or insufficient lighting and security in a parking lot can often lead to accidents that cause injuries and damages to innocent victims. An under-construction parking area, with slippery surfaces and other hazards, can result in slip and fall accidents leading to injuries. Or a negligent driver may hit your vehicle while backing out of their spot. If you or someone you know is the victim of a parking lot accident in New York City, you must seek legal counsel and consider the legal options to claim compensation for your injuries. Hazards in NYC Parking Lots Parking lots in New York are full of pedestrians, shopping carts, and vehicles moving in all directions. Often, pedestrians and motorists may be preoccupied and distracted by several things like stressful tasks, boisterous children, or even cell phones. Any of these distractions may result in an unfortunate accident. Sometimes, accidents involving stationary vehicles can even result in fatalities. According to an Insurance Information Institute (III) report, parked vehicles were involved in 1.2% of all fatal car accidents. Some typical parking lot accidents may include: Head-on crashes Rear-end crashes Sideswipe – where a car accidentally backs into another car Swinging wide while pulling into an empty space in the parking lot Not staying in one’s own lane Collisions involving pedestrians Collisions involving bicyclists Road rage incidents Hit and run accidents How Are Parking Lot Owners Responsible? Apart from ensuring compliances of all safety standards applicable to a parking lot operation, the parking lot owners also need to carry out timely inspections of the car parks. They must take adequate steps to warn the users about any hazards found during a routine inspection or arrange to repair such hazards. In certain cases, the parking lot owner can be held fully or partially liable for injuries and damages suffered by a motorist or pedestrian, if an accident occurs in the parking lot owned by them. How Are Motor Vehicle Drivers Responsible? These are some of the many acts of negligence by motor vehicle drivers that have the potential to cause injuries and damages in a parking lot accident in New York City: Speeding excessively while driving through a parking lot Driving while distracted by cell phone, navigation system, or on-board entertainment in the vehicle Disregarding signs and traffic signals present inside the parking lot Not allowing the right-of-way to pedestrians at crosswalks present throughout the parking lot Driving under the influence of alcohol or drugs Driving at far greater speeds than are conducive for the prevalent traffic or weather conditions that exist inside the parking lot Who Is Liable in an NYC Parking Lot Accident? The individuals, entities, or multiple parties responsible for a parking lot accident in New York may include: Motor Vehicle Drivers All drivers share the responsibility of ensuring other users’ safety in a parking lot by following the rules and being always aware of the surrounding environment. Passengers Passengers also must share the responsibility of keeping other occupants safe in the car. Their negligence in diverting the vehicle driver’s attention, intentionally or otherwise, might sometimes lead to an accident. Pedestrians Negligent behavior by distracted pedestrians, such as suddenly stepping out into the path of an oncoming car, can cause a collision resulting in injuries and damages. Pedestrians must carry out their duty of care towards others by following the signs and rules inside a parking lot, failing which they may be legally liable for parking lot accidents. Parking Lot Owners The premises liability laws in New York clearly define the duties and responsibilities of parking lot owners in demarcating parking lanes and maintaining the parking lot according to the safety standards and specifications. The parking lot owners must make sure to repair all obstructions, hazards, or defective parking slots on time, or clearly mark them with warning signs. Third-Party Liability in a New York Parking Lot Accident Most parking lots are on private property but that does not in any way absolve the parking lot operators, drivers, or pedestrians from their legal duties. An individual, entity, or multiple parties may be liable for personal injuries or damages if their negligence is the cause of a parking lot accident. Private car park owners have a legal obligation to take adequate precautions to maintain safe and secure conditions for drivers, pedestrians, and other car park users. Mostly, the legal process after a New York parking lot accident is not much different than a motor vehicle accident anywhere else. The only exception is the subject of third-party liability. Highway accident victims usually find it difficult to hold road makers legally liable for any negligence resulting in unsafe road conditions. Gather Relevant Information at the Accident Scene The police response to a private parking lot accident may not be at par with their response to an accident on a public road. Mostly, there is no reassurance that there will be police response to a car park accident, except in rare circumstances where injuries or damage to the property are serious. However, it is your responsibility to inform the police if there is an accident, and especially if you are the victim of the accident with resultant injuries. If there are no police at the scene of the accident, you may have to step up and gather all the accident-related evidence, to make up for the lack of the initial police report. As part of the important evidence-gathering exercise, you may need to gather information including: The driver’s name Vehicle owner’s name if it is different than the driver Names of the passengers, if any Make, model, and license plate number of the other motor vehicle Insurance details, including policy number, company name, and the contact details Pictures and if possible, the video surveillance tapes of the accident scene Names and contact details of security personnel at the parking lot Names and contact details of witnesses and bystanders at the accident scene Once you and other people around you are relatively safe, you must visit a doctor to get an initial assessment of your injuries. As a next step, you must seek legal counsel and look to hire an experienced New York parking lot accident attorney to make sure that your legal rights are adequately protected. Safety Measures in Parking Lots When Dealing with Winter Weather As a Pedestrian Wear Appropriate Footwear The main reason for slip and fall accidents in parking lots is snow and ice, combined with poor lighting. Flip-flops and sandals might work in nice weather, but you will require shoes with sufficient tread or snow boots with flat soles in the winter. A random slick spot from a frozen puddle could do you in. Be Aware of Your Surroundings Keep your complete focus on your surrounding environment by cutting out distractions like your cell phone and being aware of where you are walking and what is happening around you. Make sure to take defensive or evasive action vis-a-vis the motor vehicles in the parking lot. Make clear eye contact with motorists before crossing their paths, as the drivers might have more than usual blind spots because of uncleared snow on their vehicles. As a Motorist Drive with Caution It is not just the pedestrians who are at risk in a parking lot. You must be careful while driving in an area where pedestrians and other motor vehicles surround you. Follow the designated lanes and signs for speed limits. Avoid unnecessary cutting across empty parking spaces. Snowbanks during the winters can reduce visibility. Also, the uncleared snow on the vehicle increases blind spots. Clear as much ice and snow from the vehicle, adjust and clean the mirrors and focus on driving when pulling out of your parking spot. We Represent Clients Injured in Public & Private Parking Lots in New York It is a well-known fact that pedestrians have minimum protection and are susceptible to accidents and injuries in parking lots. A pedestrian struck by a moving motor vehicle can easily fall to the ground and strike their head, arms, back, or any other body parts, resulting in severe injuries. These pedestrian injuries may include serious traumatic brain injury, broken bones, fractures, soft tissue tears, paralysis, spinal cord injuries, and even fatality. If you or someone you live with has injuries from such falls or accidents in a private or public parking lot, the highly experienced and competent attorneys at Rosenberg, Minc, Falkoff & Wolff, can protect your legal rights while fighting for full and fair compensation for you. Our able and skillful New York City attorneys are known for their evidence-gathering skills, proficient negotiating skills, as well as solid advocacy in court. To schedule a free and confidential initial case evaluation or consultation or with a fine parking lot accident attorney, call Rosenberg, Minc, Falkoff & Wolff, LLP 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.

One in four car crashes reported in New York City is hit and run accidents. While the law in New York requires the negligent driver to stay at the accident site until the police arrive or things are settled, in many cases, the at-fault motorist may attempt to flee after the accident in the hope to avoid liability, while leaving behind injured people. One in four car crashes reported in New York City is hit and run accidents. While the law in New York requires the negligent driver to stay at the accident site until the police arrive or things are settled, in many cases, the at-fault motorist may attempt to flee after the accident in the hope to avoid liability, while leaving behind injured people. If the negligent driver has left without providing identification and contact details and without any reasonable cause, the accident in New York will be considered a hit and run case. Victims in these accidents are left alone, and they may believe they have no way to seek compensation for their injuries and losses in this situation. However, when you have a seasoned New York hit-and-run accident lawyer on your side, you are not alone. Steps to Take after a New York Hit and Run Collision If you or someone you love has suffered injuries in an NYC hit and run collision, you should make a call to 911 as a first step. You will require a thorough medical exam and emergency care to evaluate and treat your injuries and avoid the risks of delayed treatment. At the first opportunity, you should try to make notes of the incident and write down any details that you may recall about the at-fault driver and their vehicle. Make a note of the color, model, and make of the vehicle, any portion of the license plate, or a description of the driver and passengers, if any. While you are still at the scene of the accident, try to identify eyewitnesses and obtain their contact details. This will help your NY hit and run attorney prepare a stronger case and make assist in tracking down the at-fault driver. After your emergency medical treatment, you should look at your auto insurance policy to assess your coverage. A regular NYC car insurance policy may not cover serious injuries adequately. However, you may explore your options in consultation with a knowledgeable hit-and-run accident attorney in New York. They can help you pursue a claim to obtain the maximum possible coverage from your insurer. If they successfully track down the at-fault motorist, they can ensure that you receive the full personal injury damages you are entitled to under the law. The Law Requires You to Remain at the Accident Site in NYC In a New York car accident, you have a legal obligation to stay at the accident site if the collision has resulted in personal injury, death, or significant property damage. The law specifies as follows: Death or Injury: If an auto accident results in death or personal injury, the motorists must remain at the accident scene and inform the police – provided they are physically in a position to do so. The drivers involved in the crash are also required to exchange information that may be pertinent to a personal injury claim and insurance. Property Damage: If no personal injury has occurred and the property damage is less than $1,000, a motorist in New York is not required to report to the police or wait at the accident site. However, even in this case, the drivers must stop in order to exchange information related to insurance. If a motorist in New York City leaves the scene of an accident without waiting for the police or without exchanging relevant information, it will be considered a case of hit and run accident. NYC Hit and Run Cases and Negligence Per Se Irrespective of who might be at fault in a car accident, under the New York laws, it can be an offense to leave the scene of an accident without stopping and without exchanging information. A skilled NYC hit and run accident attorney can investigate the case to identify the driver who fled from the scene of the accident and use that fact to establish their negligence and obtain maximum personal injury compensation for you. Under New York law, the doctrine of negligence per se will apply in these cases. Under this doctrine, negligence will be presumed when a party breaks a law that was aimed to protect against the type of damage that has taken place. In the past, NY courts have said that any violation of the New York vehicle and traffic law will be considered as negligence per se. Therefore, when an at-fault driver in NYC is charged with a hit and run, your attorney can help to use this rebuttable presumption of negligence. Your lawyer will focus on proving the following: The hit and run motorist violated a law This law was intended to prevent the particular type of personal injury that occurred As a victim, you actually suffered the injury, and this safety statute was aimed at protecting you When your lawyer establishes these facts, the court will presume that the at-fault hit and run driver was negligent. At this point, the burden of proving otherwise will lie with this party. Financial compensation becomes more feasible when your lawyer invokes the doctrine of negligence per se in these cases. Filing a Hit and Run Claim with Your Insurer As a “no-fault” state, New York requires you to file a claim in a hit-and-run accident with your own insurance provider first. This must be done no matter who is responsible for your injuries. Therefore, depending on your extent of damages, you may sometimes be able to make a full recovery from the insurer even when the at-fault party is traceable. But you should know that the insurance company is not going to favor you, and will only focus on how to diminish or deny your claim for compensation. A dedicated and capable New York hit-and-run accident lawyer will be able to negotiate strongly with the insurance company and protect your right to compensation. Hit and run accidents, in particular, often result in catastrophic injuries. Therefore, your damages may far exceed what your NY insurance coverage might pay. For these reasons, it is vital for you to have a resourceful hit-and-run accident lawyer on your side as soon as possible so that a strong case for damages is pursued in your favor. What is MVAIC? It is possible that you have suffered injuries in a hit-and-run collision in New York, but you do not have uninsured motorist (UM) insurance. In this situation, you can pursue your case for compensation through the MVAIC or Motor Vehicle Accident Indemnification Company. MVAIC is designated to assist people who are without coverage of their own. To ensure your eligibility for this option, you are required to report your hit and run accident to the police with 24 hours of your crash. Thereafter, you must also report the accident to the MVAIC. It is best to have a capable attorney who can help you navigate the process.  Notifying the police about your accident is a key requirement, regardless of whether you have MVAIC or UM. Your lawyer will know these requirements and will help ensure that you do not miss any of them. Criminal Charges against the Hit and Run Driver in New York Consider a situation where the police identify the hit and run driver and charge them a violation of the law. A criminal case against the at-fault party will not take away your right to file a personal injury claim, which is a civil lawsuit. Both civil and criminal cases can proceed simultaneously because they are distinct from each other. Sometimes, the personal injury civil case may be put on hold until the criminal case is concluded. The court may do this to give the hit-and-run drivers a chance to defend themselves against the more serious criminal charges. Your goal should be to file your personal injury lawsuit as soon as possible. This will ensure that your claim is not time-barred even if it may be put on hold. The moment the criminal case against the defendant is completed, your personal injury case will be accepted immediately. While the outcome of the criminal case in a hit and run accident will not directly impact your personal injury claim, a skillful New York personal injury attorney can utilize a criminal conviction to your advantage and maximize your compensation. Choose a Top-Rated Hit and Run Accident Lawyer in New York City Rosenberg, Minc, Falkoff & Wolff is one of the leading and most respected personal injury law firms in New York that can help you achieve your rightful damages after a hit and run crash. Our legal team is committed to helping you go back to your normal life and attain closure from this traumatic incident as soon as possible. We will leave no stone unturned in trying to locate the hit and run driver and hold them liable for their actions. When you have our accomplished New York personal injury attorneys on your side, you will not have to deal with the challenges of your unfortunate hit-and-run injuries alone. To set up a complimentary consultation with one of our dedicated lawyers, call Rosenberg, Minc, Falkoff & Wolff, LLP 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.

Many people in New York may have had the experience of being bitten by a dog and lived to tell the tale. Yet, it is important to remember that dog bite wounds can be quite serious and lead to infections that if left untreated, may result in traumatic complications. Many people in New York may have had the experience of being bitten by a dog and lived to tell the tale. Yet, it is important to remember that dog bite wounds can be quite serious and lead to infections that if left untreated, may result in traumatic complications. Data from the Centers for Disease Control and Prevention (CDC) shows that the bites of dogs such as pit bulls, German shepherds, Rottweilers, and huskies are responsible for a significant number of human fatalities. New York has stringent laws regarding dog bite injuries and if you have been hurt in such an incident, you could be eligible for damages under these laws. How Dangerous Are Dog Bites in New York? Dogs are generally perceived to be loyal friends of human beings. While this is certainly true, it is vital to remember that sometimes, dogs may revert to their ancient wild instincts and lash out at those who transgress into their territory. Whether it is an actual bite of the dog, or being knocked against the ground, having a dog attack you physically can be an extremely traumatic accident. Dog attacks have been known to be especially dangerous for the elderly, young children, and persons with disabilities who may not be capable of defending themselves against the animal’s violence. Facial trauma is the biggest danger when one gets bitten by a dog, and it may result in lacerations, disfigurement, and scarring. If a young child or an elderly person is knocked over by a dog, they may suffer a fracture, or brain and spinal cord injuries, or trauma to the neck, back, and head, too. When the dog bite causes the victim’s skin to break open, the bacteria in the dog’s mouth enter the wound and this can lead to further infectious diseases such as rabies and tetanus. Can I Claim Damages if Bitten by a Dog That Was Known to Me? There are quite a few instances of people being bitten by a dog they know. Even if you suffered a dog bite while you were petting a dog you knew, it is possible to bring a case against the owner of the dog. However, you need to prove that the dog had a dangerous propensity but the owner failed to give you sufficient warning of this tendency of the dog. In cases where a tenant’s dog bites someone, the landlord may be held liable for the attack. For this, the victim must provide evidence that the landlord was aware of the dog’s presence and that it had a vicious propensity at the time when they leased their premises to the tenant. Even in cases where the dog bite injury or attack takes place off their premises, the landlord may be held responsible if the victim can show that the landlord had knowledge of the dangers posed by the dog to people outside the property but did not take any steps to prevent such threats. Are You Entitled to Damages if You Suffered a Dog Bite in New York? Under New York’s Section 121, the person who is the custodian of or owns a “dangerous dog” is responsible for any damage caused by the dog to people, livestock, or companion animals. The term “dangerous dog” refers to any dog that behaves in a manner that causes a reasonable person to believe that the dog is likely to cause serious physical injury or even death. This term is also used to describe dogs that attack or injure or kill a pet, or a farm animal, or even a person without any justification. Exceptions to the Dangerous Dog Clause in New York Under the New York Code, there are several exceptions to the “dangerous dog” clause. Under the following circumstances, a dog is not considered as dangerous: If the dog was part of the official law enforcement agency and acting at their behest, and bit someone during the course of their duties If the dog was provoked through abuse, assault or torment by a person and it responded by biting or injuring that person If the dog bit someone or injured them during the act of self-protection If the dog bite occurred when the dog was trying to protect its home against a trespasser on the property If the dog was trying to prevent a crime on the property If the dog was in pain or suffering and bit someone as a reaction to this experience If the dog was protecting the owner or its own puppies against attack by an individual and bit that person or injured them in this process Strict Liability and Negligence in Relation to Dog Bites in New York As per New York law, injuries caused due to dog bites are considered under the two areas of strict liability and negligence. Whenever any injury, however minor it may be, is inflicted by a dog, the owner of the dog is considered to be responsible for the damage. Therefore, the law specifies that the dog owner must provide compensation for any injuries sustained by the victim of the dog bite accident in New York. If a dog bite results in injuries that require medical treatment, the custodian or owner of the dog is held strictly liable irrespective of whether they used reasonable care in controlling the dog. However, for any other costs that are incurred in relation to a dog bite, the owner or custodian of the dog is liable only if they are shown to have failed to use reasonable care to restrain their dog or warn others about the threat of injury from their dog. This concept also goes by the name of the “one bite” rule which indicates that when the dog’s owner knows that their dog has acted dangerously before, they must take care to protect others from danger. The victim of a dog bite injury in New York City may easily receive damages for the medical expenses they incur; however, to recover other compensation, they must prove the negligence of the dog’s owner or custodian. Most dog bite injury settlements in New York cover the cost incurred for medical expenses or personal injury or trauma. However, dog owners or custodians will do their best to prove that they are not responsible for any further damages beyond this. Although this is often the case, with a skilled dog bite lawyer on your side, it is certainly possible to claim compensation that covers punitive damages, out-of-pocket medical expenses, and lost wages based on the specifics of your case. Why Engaging a Dog Bite Attorney in New York Is Critical to Your Case As already discussed, dog owners can use one of the several possible defenses to prove that their dog’s behavior does not fit into the “dangerous dog” label. Moreover, in New York, in order to prove that the defendant is guilty of a misdemeanor, it is necessary to provide evidence of the dog’s vicious propensity. Under New York laws, the only way one can do this is by showing that the dog has previously bitten someone. Merely proving general aggressive behavior is not sufficient evidence of vicious propensity. Such provisions of the law are not easy to comply with and tend to put off many dog bite victims from pursuing damages for their injury. However, a skilled and competent dog bite lawyer will have the resources to help you build a strong case that fetches you the compensation you rightfully deserve. As per New York’s Statute of Limitations governing dog bite cases, the victim must file a case in court within a period of three years from the date when they were injured. There is a lot of legal paperwork that must be completed in the exact manner as prescribed or you face the danger of losing out on the compensation you claim. Meeting all these legal requirements can be quite difficult for an average individual but an experienced dog bite attorney in New York can easily perform these tasks leaving you free of anxiety, so that you may focus on recovering your health. A skilled dog bite injury lawyer will be well-versed with the local laws that may apply and will consider all legal aspects to hold the at-fault party responsible for your injuries and maximize your rightful damages. Legal Help from an Experienced New York Dog Bite Attorney Being bitten by a dog can lead to significant trauma and suffering. Besides the physical pain of the injury, the victim also experiences emotional pain and scarring that can interfere with the quality of their life. Whether you have been bitten by a known dog that you were petting or an unknown dog that acted in a vicious manner without provocation, it is important you affirm your rights to compensation for the pain and suffering you have undergone. At Rosenberg, Minc, Falkoff & Wolff, LLP, our dog bite lawyers have several decades of experience in handling dog bite cases in a manner that fetches the greatest compensation for our clients. To know more about how we can work together to get you the damages to which you are legally entitled, call Rosenberg, Minc, Falkoff & Wolff, LLP 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.

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.

The process of filing a personal injury claim in New York can be somewhat difficult to follow, especially if you have never filed or have been involved in a personal injury claim before. Moreover, the legal terms associated with personal injury claims can be hard to understand for injury victims and their families. The process of filing a personal injury claim in New York can be somewhat difficult to follow, especially if you have never filed or have been involved in a personal injury claim before. Moreover, the legal terms associated with personal injury claims can be hard to understand for injury victims and their families. In this post, we have defined the most important legal terms associated with personal injury claims so that you can understand the process of filing a claim and recovering damages from the at-fault party. Plaintiff The plaintiff is the person who files a tort claim (also known as a personal injury claim or a civil lawsuit) against another person or entity in order to get compensation for their injuries and/or monetary losses. Defendant The defendant is the person or entity against whom the claim is filed. Negligence It is defined as the failure of a person to exercise a level of care that a reasonably competent and prudent person would have exercised under similar circumstances. Liability It is defined as the state of being responsible for the injuries or losses caused to a person. If a person is deemed liable in a personal injury claim, it means that they can be held financially responsible for the plaintiff’s losses. The concept of liability is based on the principle that under any given situation, people have certain responsibilities and are expected to conduct themselves in such a way that their actions (or failure to act) do not harm others. It is undoubtedly the most important aspect of an NYC personal injury claim, as the plaintiff can recover damages only if they manage to establish the liability of the defendant. Vicarious Liability It is a legal doctrine under which a party with supervisory authority can be held liable for the actions of their subordinates – if it is found that the former had the right, duty, and ability to control the actions of the latter, but failed to do so. It’s generally applicable in commercial truck accident claims, where the truck company can be held liable for the driver’s actions. For instance, if a truck driver is forced to drive for more than 14 hours by the trucking company – in violation of hours of service rules – and if the driver causes an accident as a result of fatigue, the trucking company can be held liable, since the accident could have been prevented if the trucking company had not overworked the driver. Proximate Cause It is the event or the actions of a party without which the plaintiff would not have been injured. It is commonly referred to as the ‘but for’ rule. If the accident would not have happened and if the plaintiff would not have been injured, but for the actions of the defendant, the defendant’s actions (or failure to act, depending on the circumstances) can be considered the proximate cause for the accident. It should be noted that proximate cause need not necessarily be the only cause of the accident. Under New York personal injury law, a defendant’s actions can be considered the proximate cause if they substantially contributed to the plaintiff’s injuries. For example, if Driver A is rear-ended by Driver B, and if Driver A crashes into a tree and suffers injuries as a result, Driver B’s actions can be considered the proximate cause, even though Driver A was injured as a result of crashing into the tree. This is because it is reasonable to assume that Driver A would not have crashed into the tree but for the actions of Driver B. Compensatory Damages It refers to the amount of compensation given to the plaintiff in an NYC personal injury claim. It generally covers the economic as well as non-economic losses caused to the plaintiff as a result of the accident. Common economic losses that a plaintiff can be compensated for include: Cost of medical treatment Cost of rehabilitation Cost of long-term care (if the injury leads to a physical or cognitive disability) Lost wages Loss of earning capacity Property damage Common non-economic losses that a plaintiff can be compensated for include: Pain and suffering Emotional anguish Significant disfigurement Diminished quality of life Compensatory damages are awarded for the purpose of restoring the plaintiff (to the extent possible) to the position they would have been in, had it not been for the accident. Under New York law, there is no cap on the number of compensatory damages that can be awarded to a plaintiff in a tort claim. The more severe the injuries, the larger the compensation is likely to be. It should be noted that compensatory damages are not awarded based on speculations. The plaintiff has a duty to explain (with evidence) how much they have lost and stand to lose in the future due to their injuries. Only an experienced New York personal injury attorney can accurately determine the value of a claim, collect the evidence needed to prove the extent of economic and non-economic losses suffered by the plaintiff, and recover an appropriate amount of damages. This is why personal injury victims are generally advised to get legal representation as soon as they can after the accident. Punitive Damages It refers to the damages awarded to the plaintiff in addition to compensatory damages. Punitive damages are only awarded under rare circumstances, which include: If the defendant is found to have acted with malicious intent and if their actions resulted in serious, life-altering injuries for the plaintiff If the defendant is found to have acted with utter disregard for the plaintiff’s health and safety It should be noted that, unlike compensatory damages, a plaintiff is not entitled to receive punitive damages. Only the jury or judge can decide whether punitive damages should be awarded to the plaintiff and the amount of compensation to be awarded. Unlike compensatory damages, punitive damages are not meant to compensate the plaintiff for their injuries and other losses. Instead, they are awarded for the explicit purpose of punishing the defendant for their utterly reckless or malicious actions and to make sure they do not make the same mistakes again. Comparative Negligence It is a legal concept under which the plaintiff can also be held partially responsible for the accident in which they were injured or suffered monetary losses. Under New York personal injury law, the plaintiff’s compensation will be reduced based on the extent to which they were responsible for the accident. For instance, if it is deemed that a plaintiff was 30% at fault for the accident, and if they are awarded a sum of $100,000, they will only receive $70,000. This is pretty logical, right? Statute of Limitations It is the deadline within which the plaintiff is required to file a claim against the defendant. The statute of limitations for filing an NYC personal injury claim – except medical malpractice claims – is three years – starting from the date on which the accident happened. For medical malpractice claims, the statute of limitations is two years and six months from the date on which the plaintiff was injured or harmed. Discovery It is one of the steps involved in a New York personal injury case. It is a process through which both the parties (the plaintiff and the defendant) can exchange case-related information with each other. It is done to make sure one party does not blindside or ambush the other party at the trial by producing a surprise witness or documentary evidence that the other party is not aware of. Settlement It is the process through which the plaintiff and the defendant can settle their case out of court and avoid a lengthy and expensive legal battle. During settlement negotiations, the plaintiff is usually represented by their New York personal injury attorney, and the defendant is represented by the insurance advisor assigned by their insurance provider. If the plaintiff’s attorney and the insurance adjuster manage to reach an agreement, the case will be settled out of court. The plaintiff will accept the settlement amount offered by the insurance company and in return give up their right to sue the defendant. If, on the other hand, they do not manage to reach an agreement, the case will proceed to trial. Judgment It is the official decision made by the jury or the judge in a New York personal injury case. It usually specifies the following things. Whether the defendant is liable for the injuries and other losses suffered by the plaintiff Whether the plaintiff’s own actions contributed to the accident The amount of compensation that must be paid to the plaintiff The number of punitive damages that must be paid to the plaintiff (if awarded by the jury or the judge) Looking to File a New York Personal Injury Claim? We Can Help You! At Rosenberg, Minc, Falkoff & Wolff, LLP, we are committed to helping personal injury victims get the compensatory damages (and punitive damages, if applicable) they deserve. Over the last 98 years, we have successfully handled a large number of personal injury claims and have recovered over a billion dollars in damages for our clients. We have the expertise, resources, and connections needed to take up all kinds of personal injury cases – regardless of how complicated they might be. To discuss your case with one of our experienced New York personal injury lawyers, call Rosenberg, Minc, Falkoff & Wolff, LLP today at 212-344-1000 or contact us online for a free and confidential consultation.