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Whether a case goes to trial or settles out of court depends on the details of that particular case. Generally speaking, up to 95% of cases are settled before court proceedings begin; in other words, they don’t go to trial. Most personal injury cases in New York are settled during one of the pre-trial stages, where all involved parties meet before a judicial officer, or a trial judge, or a magistrate. Whether a case goes to trial or settles out of court depends on the details of that particular case. Generally speaking, up to 95% of cases are settled before court proceedings begin; in other words, they don’t go to trial. Most personal injury cases in New York are settled during one of the pre-trial stages, where all involved parties meet before a judicial officer, or a trial judge, or a magistrate. Whether you make a personal injury settlement or go to trial, you must consider the associated pros and cons. If you have been injured due to someone else’s negligence, it is possible that you will get more compensation by going to a trial than simply accepting what’s offered during a pre-trial settlement. But there is also a possibility that you could lose at trial and receive a verdict for less than the settlement offer you got from the defendant or get absolutely nothing at all. Why Your Personal Injury Claim in NYC May Settle Before Trial Here are some reasons why your New York personal injury claim may settle before your case goes to trial: If your NY personal injury attorney is requesting a settlement that is small enough that it will be less expensive to just settle rather than spend exorbitantly on court costs and legal fees. If the insurance company of the defendant is fairly confident that you will win if your case goes to trial, they may decide to offer you a settlement. If the defendant’s insurance company is offering a fair settlement offer, and it is comparable to what you may win at trial. Why Your Personal Injury Claim May Go To Trial Here is why your case may go to trial: If the defendant’s insurance company doesn’t want to create a precedence for settling the type of personal injury claim you’ve filed. If the defendant’s insurer believes they will win the lawsuit, and so, they are offering a low or no settlement offer. If, on the grounds of public good or principle, it is critical for the other party to be held liable for injuries caused due to their reckless conduct. If the compensation asked by your attorney is too much for the insurance company to settle without fighting it in court. Is Your Personal Injury Attorney Willing To Fight For Your Rights? Just because every lawyer is qualified to go to trial doesn’t mean they have the skills or experience to do so. This is why some personal injury attorneys or car accident attorneys only take cases if they are 100% certain they can settle without going to trial. This can put their clients at a disadvantage as the insurance company could be aware of your attorney’s reputation for avoiding trials. In this case, the insurer will try – and most likely succeed – in negotiating your attorney down further than they would usually be able to when the option of going to trial is on the table. Why Avoiding A Trial Might Be Better Than Getting A Judge or A Jury Verdict There are several reasons why both parties might find it preferable to settle the claim before going to trial. For starters, both defendant and plaintiff can reduce their court costs and legal fees while their attorneys can close out the case faster. The very nature of trials is uncertain; no one can predict which party will win. Thus, involved parties may accept a certain settlement offer, even if it is less than what they were expecting for their injuries and losses. Keep in mind that a settlement offer is typically worth more due to the costs, time, and unpredictability associated with a court trial. For example, your personal injury claim may end up winning $500,000 at trial. However, your attorneys will need to spend about $100,000 to engage the services of crash reconstruction specialists and expert witnesses to testify at trial on your behalf. Your lawyers may also need to spend hundreds of hours on your case proceedings to prepare for the trial. So, if the at-fault party offers you $400,000 during negotiations, it might be best to take that pre-trial offer. Factors That Influence A Settlement Offer in New York City There are a few things that affect an NYC personal injury settlement offer, or the decision to reject the settlement and go to trial: Jurisdiction, community protocols, and precedence Medical treatment expenses Degree of injuries sustained (their future impact on your life) Future medical expenses Lost wages and loss of ability to earn future income Age and family circumstances of the client Property damage and other losses A personal injury lawyer who has trial experience in New York and has negotiated countless settlements will be able to determine the total extent of damages and losses. They will also be able to evaluate your case details to give you an estimation of how much compensation you can expect. Please note that if a lawyer believes that their client might end up alienating the jurors or the judge, they may settle below what they normally would avoid possibly losing at trial. Also, if an attorney is working on a drunk driving injury case in a jurisdiction where DUI is taken extremely seriously, and there is considerable community indignation, they may be able to receive a larger settlement than they normally would. Of course, every case is unique. A personal injury lawyer needs to know the exact details of your case to offer you a reasonably accurate amount of what your claim is worth. Plaintiffs With Expert Legal Representation Tend To Receive Bigger Settlements According to the Insurance Research Council, the average individual receives a settlement 3.5 times bigger with legal assistance than without it. This can obviously make a huge difference in a personal injury case in New York. But depending on your situation, the particulars of the law can become somewhat complicated: What if the dog bite you suffered made you severely ill and ends up costing you thousands of dollars? What if the dog’s owner refuses to take responsibility for the bite? What if the individual who rear-ended you does not have insurance? Or their insurance company refuses to pay altogether? These are just a few quick examples where the claim can easily become more complex. Any time you are injured and have to get involved with another party or an insurance company for your claim in NYC, you have the right to consult a lawyer and have them represent you. A Personal Injury Attorney Can Negotiate With Insurance Company For You It is a well-known fact that insurance companies try to intimidate injury victims and get out of paying a fair settlement. They will tell you things like: Your doctor’s evaluation is not good enough and you need to be examined by one of their “approved” medical professionals You cannot prove in court the full, long-term extent of your injuries (physical and/or emotional) You were actually responsible for the accident and your injuries In addition, they will use every tactic and resource at their disposal to tie up your personal injury claim settlement, while you are forced to bear the mounting medical and other expenses. Their goal is to make you so desperate for money that you’ll be willing to settle for an amount less than what you deserve. The attorney’s reputation is everything when dealing with insurers and their claims adjusters. If you have a successful and well-known legal firm on your side, you have a much higher chance of receiving the money you deserve, partly because the insurance company will know that picking a fight with a skilled lawyer with a proven track record and it will cost them far more if you go to trial. Your attorney will work with your medical team to evaluate the future impact of your injuries and recovery. A good accident law firm in NYC will have represented countless injury cases and will have extensive experience accurately calculating lost income potential and future medical costs. Contact the Leading Trial Attorneys For Your Personal Injury Case in New York New York has some of the most complicated sets of laws when it comes to personal injury cases. As some do, you can handle your legal situation on your own and try to represent yourself, but that is a time-consuming process and there is no guarantee you will be able to win. At Rosenberg, Minc, Falkoff & Wolff, LLP, our experienced personal trial attorneys are well-versed in: The relevant statutes The ins-and-outs of NYC personal injury laws The local insurance companies and judges The legal precedents regarding your case (be it construction accident, slip and fall, auto accident, dog bites, etc.) We offer a free legal consultation to discuss your case and answer any questions and concerns you might have. Our attorneys will explore the different strategies with you and go over the best approach to get the maximum possible compensation. Our most important goal is to help you recover damages for your troubles and get your life back on track as soon as possible. To know more about how we can help you, 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.

To determine the responsibility and liability for an accident involving an e-scooter or e-bike, the way in which the crash occurred needs to be established. If the accident occurred due to the reckless driving of a car or truck driver, then they will be liable for all injuries and damages sustained by riders on e-scooters and e-bikes in New York. On top of this, there are a growing number of incidents of electric-powered two-wheelers causing injuries to pedestrians. In these cases, the drivers of electric scooters and bicycles are held responsible for the injuries caused to pedestrians. To determine the responsibility and liability for an accident involving an e-scooter or e-bike, the way in which the crash occurred needs to be established. If the accident occurred due to the reckless driving of a car or truck driver, then they will be liable for all injuries and damages sustained by riders on e-scooters and e-bikes in New York. On top of this, there are a growing number of incidents of electric-powered two-wheelers causing injuries to pedestrians. In these cases, the drivers of electric scooters and bicycles are held responsible for the injuries caused to pedestrians. Electric Scooter Accidents and Preventable Injuries While e-scooters from companies have become incredibly popular in the last couple of years, they clearly pose a lot of risk as well. The ER departments and doctors across the country have reported a significant rise in the number of scooter accident victims that are admitted to the ER, most of whom with serious injuries akin to those suffered in a car crash. These usually include: Brain injuries and concussion Broken bones Back, neck, and spinal cord injuries Burn injuries Facial and dental injuries Lacerations Injuries requiring surgery or amputation Bike and scooter riders in New York are not the only ones who experience these severe injuries. Pedestrians as well as other motorists can also suffer harm in a scooter accident. A scooter accident can play out in any of the following scenarios: Pedestrian accidents: There is no doubt that pedestrians are the most exposed people on public walkways and roads, and they face many risks posed by vehicles including e-scooters. From “dockless”, abandoned e-scooters which create trip, slip, and fall hazards, to riders who unlawfully or negligently operate scooters, there are several ways a pedestrian can get hurt. Motor vehicles: While motorists have the benefit of being protected by their vehicles, they can still suffer considerable harm in accidents caused by e-scooters. For example, a rider who violates traffic laws or negligently operates their scooter can cause the driver to collide or crash into other vehicles or structures. Bicycle accidents: Since e-scooters are able to reach speeds upwards of 15 miles per hour (mph), they can often be seen in bike lanes. This creates a dangerous situation for cyclists who are struck by careless scooter riders. Cyclists are forced to run off the road into objects or structures, or out of bike lanes and into the path of motor vehicles, or suffer injuries in other types of crashes. Scooter chargers: There are sharable e-scooter companies that rely on people to pick up the dockless scooters to charge them in their own homes. These people are known as “juicers” and receive compensation for charging the scooters. Unfortunately, they also face the risk of injury in case the charging battery or another scooter component turns out to be defective. We have seen cases of these scooter batteries causing burn injuries and fires. Unsafe scooters: The e-scooter designers and manufacturers are responsible for making sure their product is safe for public use. If there is any defect with the scooter design or manufacturing, or if the scooter was not repaired properly and malfunctioned, it can lead to an accident and injuries. In these cases, product liability laws come into play, which means the scooter company can be sued. Vehicle collisions: Since scooters are relatively small and not as noticeable, their riders face risks similar to pedestrians and bicyclists when it comes to being struck by negligent and distracted motorists. In some of the most publicized scooter accident cases, it was the scooter rider that was struck by a car or a truck in parking lots, crosswalks, and other areas of the road. Scooter riders have little to protect themselves against serious injuries or even death in case they ever collide with a 4-wheeler. Electric Scooter and Bike Laws in New York Electric-powered scooters and bicycles were legalized in New York in 2020. The new law has classified e-bikes into 3 categories: Class 1: Pedal-assist bikes that can drive up to 20mph (like Citi Bike e-bikes) Class 2: Throttle-powered electric bikes that can drive up to 20mph Class 3: Throttle-powered bikes that can drive up to 24mph (these are commonly used by delivery drivers) The following regulations have also been outlined by the new bill: E-scooters and e-bikes that are limited to traveling at 15mph are now legal to operate across the State of New York Any individual riding a Class 3 e-bike must wear a helmet Any individual aged 16 or 17 years must wear a helmet while riding a Class 1 or Class bike Scooter sharing programs are not allowed in Manhattan (but a pilot program is expected to launch in Brooklyn and Queens) If an e-bike rider is found to be under the influence of alcohol or drugs will face $500 fine and/or 15 days in jail Note: All e-scooters and e-bikes (regardless of their class) are currently prohibited on the Hudson River Park Greenway. Risk Posed By Motor Scooters Motor scooters are certainly cost-effective and convenient to ride, but they provide no real protection for their riders since there is no barrier between the rider and the outside environment, unlike a car. Also, since scooters travel at a relatively slower speed, riders are incapable of avoiding a faster-moving vehicle in time to avoid a crash. Because of the small size of an e- scooter, it is far less visible than other vehicles on the road, both to the pedestrians and traffic. All these reasons contribute to most of the injuries and fatalities that occur in a motor scooter accident in New York City. Here are some of the most common causes of such accidents: Reckless driving/speeding Blind spots Impaired or distracted drivers Night driving or poor weather (low visibility) Doors opened into lanes of traffic Potholes How To Avoid E-Scooter Injuries Whether it’s a car crash or a scooter accident, the risk of broken bones, spinal cord injuries, concussions, traumatic brain injuries, organ damage, internal bleeding, and road burns is similar. Each of these injuries are not only physically and emotionally devastating, but they can also result in enormous medical bills for the patient and their family. If you ride a motor scooter, keep yourself safe by following these tips: Follow the rules of the road: Never forget that as a scooter or bike rider, you have less protection than car or truck drivers. So always stay alert, ride defensively, and follow the traffic rules. Be sure that you are allowed to ride the e-scooter or e-bike in a particular area, and always stay under the speed limit. Always wear a helmet: Depending on what type of scooter or bike you have, it may not be mandatory for you to wear a helmet – wear it regardless! Multiple studies show that wearing a helmet is the best way to protect yourself against fatal injuries in a road accident. Who Is Liable In An Electric Scooter or Bike Accident? It’s a sad fact that those ride inexpensive vehicles – like a scooter – generally have minimal insurance coverage. Another fact is that motor scooter rental companies have deep pockets when it comes to insurance. If your e-scooter/bike was a rental, your attorney will pursue compensation from the company’s insurance. Most of motor scooter accidents involve only one vehicle. If your crash also occurred due to fallen branches, slippery road, potholes, or other debris, and you sustained injuries as a result, your county/city might be liable for the lack of street cleaning or road repair. Thanks to Vespa, Revel, and various other startups, thousands of electric scooters are now riding on NYC roads. With the increasing number of these electric moped sharing 2-wheelers, the risk of accident has also gone up, for scooter riders as well as pedestrians and motorists. Whether you were injured after being hit by a scooter, or while riding a scooter yourself, it’s best to hire a scooter accident attorney who can negotiate and litigate on your behalf. Contact A Trusted New York Scooter Accident Attorney Today Whether an e-scooter crashes into a pothole, another person, or a vehicle on the road, someone is bound to get injured. If you or your loved one has suffered a scooter accident injury, you may have been forced to miss work and bear significant medical bills. You are probably already in a lot of pain, the last thing you want is to get stuck with a huge debt when someone else’s negligence was responsible for it. Working with a scooter accident attorney in New York can help you file a personal injury claim to receive compensation for your hospital bills, rehabilitation, and lost wages. At Rosenberg, Minc, Falkoff & Wolff, LLP, we have recovered over $1 billion in damages and settlements for our accident injury clients in New York. As one of the oldest and most successful law firms in NYC, we have the skills and resources to provide you best legal representation and guidance, so you have a far better chance of obtaining maximum possible compensation. To schedule your free and confidential case evaluation, call us at 212-344-1000 or contact us online today. 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 act of moving from a lane that ends to enter into another lane that continues forward is known as merging. This is an extremely critical maneuver and any error at this stage can lead to a merging accident. Most merging accidents in New York are known to occur when drivers change lanes without indicating their intention through a turn signal. Occasionally, a car driver will cross over multiple lanes or merge in such a way that they cut off someone on the lane into which they merge. The act of moving from a lane that ends to enter into another lane that continues forward is known as merging. This is an extremely critical maneuver and any error at this stage can lead to a merging accident. Most merging accidents in New York are known to occur when drivers change lanes without indicating their intention through a turn signal. Occasionally, a car driver will cross over multiple lanes or merge in such a way that they cut off someone on the lane into which they merge. Determining liability for a merging accident can be complex and depends on several factors such as whether both drivers merged together, or whether one of them was speeding or distracted while driving. Even if you are worried that you may be partially at fault for a merging accident, it’s judicious to consult a personal injury lawyer in New York to find out if you can claim damages for the injury you sustained in the accident. Common Causes of Merging Accidents in NYC It is a well-known fact that a majority of merging accidents occur due to entirely avoidable causes. The most common among these include the following: Failure to Signal a Turn The most basic of traffic laws say that a driver who wishes to execute a turn must indicate their intention to do so. When you suddenly make a turn without having previously signaled it, the other drivers on the road are unaware of your intention and may not be able to avoid colliding into your vehicle in time to stop an accident. Crossing Multiple Lanes A car driver who suddenly moves in a manner that involves crossing many lanes together has poor visibility, especially of the lane that is farthest from them. Such crossing is yet another reason for merging accidents. Merging Too Fast or Too Slowly When you merge into a lane, it is vital that the speed of your vehicle match the pace of the rest of the traffic on that lane. Moving too fast or too slowly at the time of merging can confuse other drivers and also cause you to panic and lose control of your vehicle, resulting in a crash. Speeding While speeding at any point on the road is dangerous, it becomes even more so at the time of merging. When you drive at a speed above the prescribed limits, you cannot react in time to the movements of other vehicles on the road, particularly those who are merging ahead of you. Cutting Off Another Vehicle When you drive in a manner that cuts off another approaching vehicle at the time of merging, there is a greater possibility of your vehicle sustaining a rear-end collision. Road Distractions Signs on the road or the presence of electric poles close to the merging point can distract attention away from the approaching vehicle. This may result in your inability to notice other vehicles around you or render your vehicle invisible to others on the road. Driving Without Lights at Night At night, the lights of your vehicle serve to not just illuminate your path, but also to warn other vehicles of your presence. Driving without lights at night makes your presence unnoticeable to other drivers on the road, and this can easily lead to a merging accident. Who is Liable for a Merging Accident in New York? Under New York law, there are specific guidelines that have been laid down to determine liability in a merging accident. Liability is determined by first considering the specific circumstances surrounding the accident and also by trying to find out if either of the involved drivers flouted road safety rules at the time when the accident occurred. When a driver makes an attempt to enter a lane, it is considered as their responsibility to enter it in a safe manner. If the entry is such that the merging car collides with another vehicle, it is the merging driver who is naturally considered to be at fault for the accident. However, there may be situations when the other driver may be partly or equally responsible. For example, if the other car was speeding or the driver was distracted, it could be their fault for not reacting in the appropriate manner to the merging vehicle. In a few rare cases, if there was an issue with the way the lane merging area was maintained, or a problem with visibility, the government entity responsible for the road’s upkeep may also be at fault. Determining fault in middle lane merges is often far more complicated because it can be difficult to decide how much of the fault was shared by both the merging drivers. Tips to Avoid Merging Accidents Human error is often the most common theme in merging accidents and therefore, the best way to avoid them is to drive in a safe and cautious manner. Here are a few tips to follow when merging onto a lane: Always make use of the turn signal to indicate the direction in which you plan to move. This helps other drivers around you to plan their movement so that there is enough space for you to make your maneuver without crashing into another car. Never speed while driving, and be even warier of greater speeds when you are close to a merging point. Always drive at a consistent speed so that your movements are not unpredictable for vehicles around you. Reacting to sudden events on the road is definitely more difficult at higher speeds and easier when you are moving at a constant pace. Resist the urge to tailgate someone and leave them enough space to enter the lane. Your aggressive driving can often trigger the same reckless behavior in drivers around you and increase the chances of a car collision. Never stop abruptly when in the flow of traffic where the vehicles are moving at a constant pace. Whether you are merging into another lane or not, your stopping will force other drivers to maneuver around your car, and this can lead to complications that render you liable for the merging accident. Drive in a consistent manner, sticking to your lane as far as possible. Weaving in and out of traffic and changing lanes in a random manner can increase the risk of a collision as well as a merging accident. Be cautious when merging and pay careful attention to other vehicles in your vicinity before merging. Use the mirrors on your car to see how drivers behind you are placed; look out for anyone else who is indicating an intention to turn, and keep an eye out for other drivers who may be speeding. What Must You Do If You Have Been in a Merging Accident? If the vehicle you are driving is involved in a New York merging accident, make sure you pull to a stop on a safe part of the road. Check if you have injuries that require immediate medical attention and call for an ambulance or medical help. If there is no such emergency, the next step to undertake is to call the police and file a report of the accident, giving a clear explanation of the situations that culminated in the accident. Exchange contact information with the other driver or drivers who were involved in the accident. Get information regarding their license and also the insurance details. If there were other drivers who witnessed the merging accident, collect their contact information too because you may require it later to support your report of the accident circumstances. Use your cellphone to take pictures of the accident site. They will serve as evidence of the situations, the conditions of the road, and the extent of damage caused by the accident. The most important step that comes next is to contact a personal injury attorney in New York who is experienced in dealing with merging accidents and can help you claim damages for the losses you suffered. Contact a Merging Accident Personal Injury Lawyer in NYC Today If you or a loved one has been injured in a merging accident in NYC, it is vital you have the right legal representation to pursue your claim for damages. Determining liability can be complex in a merging accident and only the most experienced and skilled lawyers can help you prepare a case that is strong enough to establish the negligence of the other party. If you have a case with points firmly in your favor, it is quite likely that the insurance company of the party at fault will try to settle the case without going to trial. Having a competent personal injury lawyer can be crucial to ensuring that you get the best possible settlement amount that you rightfully deserve. At Rosenberg, Minc, Falkoff & Wolff, LLP, our attorneys are dedicated to protecting your rights in a merging accident and will put to use all our resources to make sure you get the compensation to which you are truly entitled. To know more about how we can help in your merging accident case, call us today at 212-344-1000 or contact us online for a free and confidential case review. 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 recent years, car design has increasingly focused on safety features such as seatbelts, airbags, and bumpers to protect drivers and passengers. However, these aspects mostly cover the front and rear ends of the vehicle while leaving the side of the car comparatively unprotected. When the front end of one car collides into the side of another vehicle, it leads to what is called a side-impact or T-bone or broadside crash. In recent years, car design has increasingly focused on safety features such as seatbelts, airbags, and bumpers to protect drivers and passengers. However, these aspects mostly cover the front and rear ends of the vehicle while leaving the side of the car comparatively unprotected. When the front end of one car collides into the side of another vehicle, it leads to what is called a side-impact or T-bone or broadside crash. These types of T-bone accidents can be dangerous even at speeds below 30 mph and it is estimated that every year thousands of fatalities in the US occur because of side-impact crashes. Although modern vehicles have crumple zones and other safety features, a side impact car collision with a larger vehicle such as a truck or with another car at high speed can result in serious personal injuries. What Makes Side Impact Car Crashes in NYC Dangerous? According to the Insurance Institute for Highway Safety (IIHS), side-impact car crashes are responsible for about one-fourth of all passenger vehicle occupant fatalities in the United States every year. Compared to the front and rear ends of the vehicle, the sides have very little space and this affects their capacity to absorb energy. Most cars except a few of the very new models do not have side airbags and therefore, in the event of a collision, there is nothing other than the car door to protect the vehicle occupants from the oncoming vehicle. This is the main reason why side-impact crashes often lead to some of the most devastating injuries. Common Causes of T-Bone Accidents in New York A study of the circumstances surrounding side-impact crashes shows that such accidents are far more likely to occur at traffic intersections. Negligent driving is more often than not the major cause of these crashes. Some of the scenarios resulting in a T-bone accident include a motorist: Driving under the influence of either alcohol or drugs Running a red light Speeding through a traffic signal or stop sign Driving recklessly or aggressively Texting or talking on their cell phone while driving Failing to yield the right of the way especially when making a turn or passing a four-way stop In 2018, the National Highway Traffic Safety Administration (NHTSA) conducted a study of accidents that occur at intersections. The findings showed that driver error was responsible for 96% of the crashes and this included driver behavior such as: Turning while their view was obstructed Not paying enough attention to road conditions before they turned Distracted driving Making false assumptions about the intention of other drivers on the road Breaking traffic rules regarding stop signs and traffic lights Misreading the speed of other vehicles on the road Misjudging the distance between them and other vehicles on the road While intersections are the most common spot for side-impact car collisions in New York, such accidents are equally likely to occur on a highway when drivers lose control of their vehicles. A vehicle that skids sideways may crash into other cars on the road, leading to a T-bone accident. T-bone crashes have also been known to occur in parking lots when a reckless driver strikes the car that is being backed out of its parking space. What Are the Common Injuries in Side Impact Collisions? Side impact crashes in New York may result in different types of injuries such as traumatic brain injury, spinal cord injury, organ damage, ear injuries, rib injuries, internal bleeding, neck injuries including whiplash, hip and leg injuries, shoulder and arm injuries, and even paralysis. Spine and Neck Injuries During a side-impact crash, the momentum of the crash causes the body of the car occupant to accelerate although their head stays static. As a result, the neck region is forced to absorb most of the shock, and this makes neck and spinal injuries the most common outcome of a T-bone accident. When the ligaments and muscles in the neck get stretched beyond their capacity, the head tries to compensate by pulling the neck back to its original position, and this leads to whiplash that can cause severe damage to the discs and nerve roots of the cervical spine. Concussions The sudden change in direction of the head and neck that occurs during a side impact collision can also cause the brain to hit the inner surfaces of the skull. This leads to the most common type of traumatic brain injury called a concussion. Not all persons who suffer a concussion will become unconscious or appear to be seriously injured. However, there can be severe bruising of the brain which can gradually lead to a paralysis of all the senses. Mild concussions cause mental confusion that generally clears up within 15 minutes; moderate concussion effects last longer and may be accompanied by memory loss and difficulty in moving. The faster a concussion is treated, the less catastrophic its effects are likely to be. Untreated concussions may often lead to permanent brain damage. Limb and Chest Injuries In side-impact crashes, the persons on the side of the car that was not struck are more likely to suffer from injuries to the chest and limbs. These injuries are an outcome of colliding with the persons seated next to them. In some cases, they may also result due to impact with the pillar that’s right behind the front door to which the seatbelt has been anchored. Who is Responsible for a Side Impact Crash in New York? The exact circumstances that led to a side-impact crash will determine who is responsible for the collision. Generally, one or more of the following parties will be investigated for liability: The Drivers Involved in the Crash Either one or both of the drivers involved in the T-bone collision may be at fault. Generally, the driver who illegally runs through light is far more likely to be held liable irrespective of whether they were the striking car or the one that got struck. Another Driver at the Crash Site If one driver makes an incorrect left turn, it can cause the oncoming car driver to swerve in order to avoid a crash. Now if the oncoming car strikes another vehicle and causes a side-impact car collision, although it was their car that struck the third vehicle, the first driver who was not involved in the crash can still be held liable because it was their actions that caused this entire cascade of events resulting in the accident. Vehicle Manufacturers In accidents where an investigation reveals that the T-bone collision was due to faulty parts in the car such as a stuck accelerator or faulty brakes, the carmaker can also be held partially or fully liable for the losses sustained by the crash victim. In such cases, your car accident lawyer will explore the possibility of using product liability laws to hold the car manufacturer responsible for the injuries you sustained. Why is it Important to Hire a Skilled Side-Impact Accident Lawyer in New York? Determining liability in a side impact accident in NYC is not a simple task. It is quite likely that although you were correctly moving through a green light, you perhaps failed to glance at your left and right sides and therefore did not notice another driver who ran through a red light. While the errant driver is definitely at fault for the accident, you may also be held partly responsible because you did not stop sooner. All such types of points are often brought out by insurance adjusters or the defendant to try and reduce the number of damages awarded to you in the settlement of your personal injury claim. It can be difficult for you as an individual to comprehend and deal with such nuances and this is where having an expert and experienced side-impact accident attorney in NYC can make a huge difference to your case. Speak to a Side Impact Crash Accident Attorney in New York Today Being hurt in a side-impact crash can be a huge shock not just physically but also emotionally. Soon after such an accident, it is vital that you seek medical attention to deal with your injuries. At the same time, it is equally important that you proceed to take legal action against the errant parties who were responsible for your loss and suffering. At Rosenberg, Minc, Falkoff & Wolff, LLP, we understand that it can be difficult to do this when you are still preoccupied with your medical treatment. When you hire our experienced T-bone accident lawyers, you can rest assured that we will carry out a thorough, independent investigation of the crash to collect all the relevant evidence to build you a strong case. This will help you get an estimate of the compensation to which you are entitled whether it is through negotiation with the insurance providers or through a court trial. Our compassionate and competent car accident attorneys have several years of experience with side-impact collisions in NYC and we can help you pursue your personal injury claim to receive the damages that you rightfully deserve. Call us today at 212-344-1000 or contact us online for a free and confidential case review. 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.

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

If you are a complainant in a personal injury case, you will have the option to accept a settlement or take the case to trial. Typically, most of the personal injury cases in New York conclude in a settlement instead of going to a trial. But in some of these cases, going to trial might be the better option. The best way to find out the option that is appropriate for your personal injury case is to retain an experienced New York personal injury attorney. If you are a complainant in a personal injury case, you will have the option to accept a settlement or take the case to trial. Typically, most of the personal injury cases in New York conclude in a settlement instead of going to a trial. But in some of these cases, going to trial might be the better option. The best way to find out the option that is appropriate for your personal injury case is to retain an experienced New York personal injury attorney. If your lawyer can negotiate a fair and rightful settlement outside of court, you may not need to go through the rigors of a court trial. But, if the insurance company that you are up against denies you the just and rightful compensation that you deserve, and your attorney believes in the strength of your case and their own competence, you will need to fight the case in court. Let us further discuss in detail, both benefits and drawbacks of a settlement as well as a court trial for a New York City personal injury claim. What is a Settlement? A settlement is a process to resolve a claim by deciding on a mutually suitable compensation for personal injuries or damages, instead of taking the dispute to court. The plaintiff and the defendant can settle any time during litigation, or even prior to filing a lawsuit. The process begins with the plaintiff’s attorney submitting a demand letter that mentions the plaintiff’s monetary demand for the damages, the legal reasoning supporting that demand, and copies of medical bills and other documents establishing monetary and other damages. The plaintiff and their attorney, after making these submissions, wait for the defense attorney to respond to their demand letter. The defendant’s attorney may place a counteroffer on the table, following which, both the attorneys and sometimes the insurance company, start negotiations to arrive at a settlement. Attorneys from both sides generally use emails and phone calls to negotiate, or sometimes meet at pre-trial hearings to iron out minor issues. Mostly, the negotiations bring about a mutually agreeable and satisfying settlement between the plaintiff and the defendant, avoiding the need to go to a trial. Once both sides agree, they sign a formal document announcing the settlement as well as the release of liability. Benefits of a Settlement Less Time and Stress Settlements save a lot of time as compared to trials which can be arduous and long-drawn. Typically, a settlement may take less than six months, while a trial might continue for twice as long. Settlements are generally quicker and more efficient while being less stressful as well as cost-effective than a trial. More Flexibility in Negotiations You, as a plaintiff, have an upper hand in the settlement negotiations. The decision to accept or reject a settlement offer, or to re-negotiate, rests completely in the hands of your personal injury lawyer and yourself. On the other hand, once you go to trial, the judge or jury has the final say on the amount of compensation you get for your injuries and damages. And you have no other choice but to accept the verdict. Drawbacks of a Settlement Chances of Lesser Compensation for Your Claims The outcome of a settlement relies mostly on the strength of your case and the negotiating skills of your personal injury attorney. You could end up getting less than your rightful claim in a settlement than if you were to press for a trial. If your attorney feels you have a case strong enough to justify the additional time, money, and stress of a court trial; then a settlement may not be the right course of action for you. No Chance of Renegotiation A settlement once agreed upon is permanent and irrevocable. Acceptance of a settlement offer closes doors of further litigation for you. Subsequently, if mounting costs for ongoing medical treatments were to escalate, or you discover new injuries related to the accident; you will not be able to reopen or renegotiate your claim. How Much Time Does A Settlement Take? First, you need to decide to retain a competent and experienced New York City personal injury attorney for your case. Once you find such an attorney, they will start collecting evidence and information connected to your claim and will begin working on it. For your personal injury claim, your lawyer will need to review the accident report, pictorial and video graphic evidence of your injuries, witness testimonies, medical treatment bills, and your consulting physicians’ statements. After documenting everything, your lawyer will come up with a monetary value to assign to your claim. The next step involves your lawyer placing a demand to the insurance company to initiate the negotiation process. The insurance company is likely to come up with an offer in a few weeks, based on the worth of your claim and the strength of your evidence. Once both the demand and the offer are on the negotiating table, it is anyone’s guess how long the process will take. However, most New York personal injury claims reach a settlement before going to trial. Since each case has its unique aspects, some might even benefit from going to trial. What is a Trial? In a personal injury case in New York City, if the negotiations in a settlement process break down, the case usually goes to trial. The judge and jury, after hearing out the arguments from both plaintiff and the defendant, decide on whether to hold the defendant liable for the injuries and damages suffered by the plaintiff. Typically, a jury trial goes through six phases in its entirety: Assembly of the jury Opening statements by both parties Testimony of the witness and cross-examination Closing arguments by the attorneys from both sides Instruction from the jury Deliberation by the jury and subsequent verdict A personal injury trial, depending upon the merits and strength of the case, could take anywhere from a few hours to many months. But however long or short the trial may be, it does require due diligence and tremendous preparation by a committed personal injury attorney to stand a chance in court. Benefits of A Trial Chances of More Compensation for Your Claims A strong personal injury claim has the potential to secure more compensation in a trial as compared to a settlement. While an insurance company will probably negotiate hard to minimize the amount they shell out, a jury could be more sympathetic to your pain and suffering in their verdict and grant your rightful claim. Sense of Closure and Justice A trial can prove cathartic for the plaintiff in the sense that it brings closure and a sense of justice. Apart from the monetary compensation for the victim, a trial also assigns blame where it is due, by prosecuting the defendant for their negligence or misconduct. Drawbacks of a Trial Long-Drawn and Stressful Trials can often turn out to be drawn-out, costly, and stressful affairs. You might secure a verdict in a few days if you have an exceptionally strong case, or the litigation could go on for longer than a year. You must keep the court costs and lawyer fees of a protracted court battle in mind before taking the plunge. All or Nothing Rejecting the settlement offer and taking your case to trial entails putting in the time, effort, and money, at the risk of not securing the rightful compensation. When you take your case to trial in the hope of winning the case, you must also be prepared to lose. How Much Time Does a NY Personal Injury Trial Take? The reason most NY personal injury cases settle instead of going to a trial is the reluctance of the complainants due to the fear of a trial taking up too much time. It becomes especially difficult to take on the extra costs and stress of a trial if the grievous nature of your injuries requires prolonged medical care, and you are out of work at the same time. The defendant and their attorneys will try to stretch out the litigation process. Even more reason for you to have a competent and experienced New York personal injury lawyer on your side, to work your way through the legal labyrinth quickly. If you have a strong and straightforward case with clear documentation and solid evidence, your case may not get excessively prolonged. But if it is complicated to prove clear negligence, there are chances that the trial could take longer. How to Find the Right Personal Injury Attorney in New York? Ask the right questions. Like, the number of trials they have contested or the percentage of personal injury cases they have settled. Try to look for an attorney who will not drag you to court unnecessarily just to rack up their fee, but also someone who is not afraid to go to trial, if required. Seek Legal Help from a Trusted NY Personal Injury Attorney The personal injury attorneys at Rosenberg, Minc, Falkoff & Wolff can help you settle outside of court or take your case to trial, as per the merits and strength of your claim. Our experienced lawyers are here to offer legal advice and free case evaluations for your personal injury claims. Call Rosenberg, Minc, Falkoff & Wolff, LLP today at 212-344-1000 or contact us online. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

Multi-car accidents are said to occur when more than two motorcycles, cars, trucks, or other passenger or commercial vehicles are involved in an accident. They are also known as multi-car pileups. It doesn’t matter whether the crash involves three or four or more vehicles; it will be referred to as a multi-vehicle crash. Multi-car accidents are said to occur when more than two motorcycles, cars, trucks, or other passenger or commercial vehicles are involved in an accident. They are also known as multi-car pileups. It doesn’t matter whether the crash involves three or four or more vehicles; it will be referred to as a multi-vehicle crash. Multiple car crashes are of various types – intersection collisions, rear-end accidents, and lane change impacts are among the more common types. The probability of serious injuries and death in these chain-reaction collisions is directly proportional to the number of individuals and vehicles involved. Emergency responders may find it challenging to reach the injured in time and get them to the nearest hospital. There is a greater likelihood of fire, explosion due to gas leaks in multi-car pileups. It is not easy to determine liability in multi-car pileups since it can be difficult to identify the car with the most damage. Ultimately, the fault needs to be established on an individual vehicle basis. There are certain general principles that help. For starters, you should identify the type of multi-car crash and individual motorist actions. The fault is Usually of the First Car that Rear-Ends Principles of fault are going to remain the same in basic rear-end car crashes in New York. The first car that runs into the bumper of another vehicle is usually the one at fault. This is because in most instances the rear vehicle has the best opportunity to avoid the collision. Rear vehicles can drive at safe speeds, keep safe distances, take evasive actions, and know what’s in front. An accident may be caused if any of these actions are not taken. For example, imagine a scenario in which the lead car and three cars behind it come to a complete halt without running into anything or anyone. But, the fifth and the last vehicle hit the car in front which starts a chain reaction. In this, the fifth driver would be at fault for the entire multi-car rear-end accident. Fault Can be of Multiple Car Drivers In chain reaction accidents, there may be more than a driver at fault. The comparative negligence principle is used in these situations to figure out who is most at fault. The principle is called comparative negligence by law because each driver has to compare the actions and assign a percentage of the fault to multiple negligent parties. These are a few examples describing comparative negligence. Example 1 The lead car may stop in time in a four-car crash. But, the second car directly behind the lead may not stop in time. The third car after the first impact stops but the fourth car in the line doesn’t and hits the third car. The impact forces the third car into the rear of the second one. The second and the fourth car in the 4-car accident may be held comparatively negligent for the accident. Example Two The lead car avoids hitting any other car and comes to a complete stop. However, the second car runs into the first one. The third car fails to stop as well and runs into the rear of the second car. In this three-car accident, both the second and the third car would be thought to be at fault since both of them couldn’t stop in time. The first would not be held responsible since it stopped without hitting anybody. Determining the Course of Events in a Chain Reaction Accident in NYC Sometimes, in a multi-vehicle crash, everybody agrees to what happened. However, this may not always be the case. Many times, witnesses and everybody involved have slightly different accounts to tell. You would need to compare the physical evidence with all witness accounts to determine exactly what happened. Damage to individual vehicles, the number of impacts felt by each driver, and the timing of the impacts are a few things to consider. It would take a committed car accident lawyer to piece these multiple pieces of information together. Determining Fault in a Head-On Multi-Car Pileup The driver crossing into the lane of the other driver is usually at fault in a head-on collision. Driver drifting into oncoming traffic is a common situation where head-on collisions may result in multi-car pileups. The car in the wrong lane may hit an oncoming vehicle which starts a chain reaction of rear-end collisions. Determining At-Fault in Multi-Car Intersection Collision Intersection crashes are common multi-vehicle accidents as well. Common forms of intersection collisions involve running a traffic control device or left turns. These accidents are explained in detail below: Multi-Vehicle Intersection Accident Because of Running a Traffic Control Device When cars at an intersection run a stop sign, red light, or any other traffic control device, the car would always be found to be at fault for causing the crash. However, other cars may also be at fault in this type of multi-vehicle pileup. Multi-Vehicle Intersection Accident with Left Turn This type of accident usually occurs when a vehicle is waiting to make a left turn but there is oncoming traffic at the intersection. The car making the left turn may hit another car or get hit by a car crossing in front of it. One of the cars may then collide with another causing a multi-car crash. In this situation, determining who is at fault will involve identifying whether the car making the left turn had the right of way or not. If the vehicle that made the left turn did not have the right of way, it would be the car’s fault. Of course, this doesn’t mean that other vehicles are going to be total without fault. Their fault may depend on whether they had a viable opportunity to prevent the crash or if they were speeding. Determining Fault in Multi-Car Accident Involving Lane Change Multi-car accidents in New York City may be caused if two cars are going in the same direction and if one of the cars clips the other while changing lanes causing it to run into other vehicles. The car changing lanes would be held responsible in this situation for causing the multi-car pileup. On rare occasions, other cars involved in the accident may also have responsibility. Determining Liability in Chain Reaction Accidents in NY There are various sources that may help you identify the at-fault party or the order of impact irrespective of how the chain reaction accident plays out. These are a few sources that can offer useful accounts: Eyewitness statements including the ones of occupants of each vehicle, your own account, motorists in the vehicles behind you, and bystanders Vehicle damage Police reports of the accident, including the findings made by the reporting officer as to whether there was any traffic infraction committed by a motorist Proof or evidence collected at the crash site, including skid marks and vehicle debris Investigating a Car Crash Sophisticated technology and leading experts are used by a multi-car accident lawyer for establishing the at-fault party for the accident. The attorney would examine available camera footage of the crash meticulously. They will also question eyewitnesses after locating them. This includes other motorists and passengers. Your New York personal injury attorney will review the police report completely and check whether any drivers have changed their statements since the accident. Generally, initial statements point towards the other driver. This is neither unexpected nor unusual. Your lawyer will get a better outlook on your claim by gathering evidence that shows you were not responsible for the accident. Shared Fault in New York There are 13 states including New York that operate on a “pure” comparative fault law. This means that you can recover 1% damage from the other party that directly contributed to your injuries even if you were 99% responsible for the accident and injuries. The rule of several and joint liability is followed when multiple parties are established as defendants. In New York, the rule permits the plaintiff to hold each tortfeasor or defendant responsible for the full amount of damages either individually or collectively. This law doesn’t regard the degree of fault as the plaintiff may collect the entire judgment from any of the at-fault parties or from all in varying amounts. In many cases, a tortfeasor who is only 1% responsible for the victim’s injuries may be forced to pay 100% of the judgment to the plaintiff. However, this is usually in the case where other defendants show they don’t have the funds. Consult an Experienced Multi-Vehicle Personal Injury Attorney in New York The plaintiff’s lawyer in New York needs to prove the negligence on part of the defendant for successfully pursuing a multi-car personal injury lawsuit. The lawyer would also need to defend the plaintiff against claims of negligence. New York City law firm Rosenberg, Minc, Falkoff & Wolff understands the right way to prepare and present a personal injury lawsuit. We can build a strong case that persuades the jury to take account of the correct interpretation of facts. Get in touch with a multi-vehicle accident attorney at Rosenberg, Minc, Falkoff & Wolff if you or a loved one was injured in an accident in which multiple parties were negligent. Give a personal injury lawyer in New York today at 212-344-1000 or contact us online. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

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

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

Attorney Minc Recovers Millions of Dollars in Damages for Clients The Metropolitan Transportation Authority (MTA) runs thousands of buses daily in and around New York City. Unfortunately, the incidence of reckless driving by MTA drivers, fatigue, inadequate training, and laxity in MTA’s supervision contribute to serious bus accidents in the city, injuring or killing New Yorkers every day. Attorney Minc Recovers Millions of Dollars in Damages for Clients The Metropolitan Transportation Authority (MTA) runs thousands of buses daily in and around New York City. Unfortunately, the incidence of reckless driving by MTA drivers, fatigue, inadequate training, and laxity in MTA’s supervision contribute to serious bus accidents in the city, injuring or killing New Yorkers every day. The data shows that MTA buses are involved in as many as 23 crashes every day on average. Bus operators are supposed to go through extensive training so that they can safely maneuver their large automobiles on the streets of New York. The law holds bus drivers and bus companies to a higher standard because their reckless behavior or negligence can result in devastating consequences for passengers, pedestrians, cyclists, motorcyclists, and car drivers. Considering the size and momentum of an MTA bus, any negligence on part of the bus operator or the bus company can cause serious injuries, including head injury, spinal injury, internal organ damage, burns, disfigurement, amputation injury, and even death of the injured victim. If you or someone you loved has suffered an injury in an MTA bus collision in New York City, you should talk to the seasoned bus accident attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP for the right legal advice. Attorney Minc Obtains Multi-Million Dollar Judgments for Personal Injury Victims in NYC On April 8 th, 2021, as Lance Margolin was peacefully walking on the pedestrian mall on Eastern Parkway, an MTA bus recklessly drove into the shoulder area and onto the curb causing the bus to hit and snap the traffic camera pole. The large 20’ metal pole started to flail and smashed into Mr. Margolin as he walked down the sidewalk. He tried to protect himself and run to avoid the flailing pole, but there was no way to go. The camera pole weighing hundreds of pounds caused massive internal injuries and skull fractures to Mr. Margolin. It was three gut-wrenching days for the family before Mr. Margolin succumbed to his injuries and passed away. Mr. Minc is outraged at the continued reckless driving by the MTA. Attorney Minc recently won a 5.5-million-dollar judgment against the MTA for one of the injured clients who was also struck by an MTA bus. A third client of Attorney Minc’s was also seriously injured as a pedestrian by another MTA bus driver in Queens. Attorney Minc has been offered almost $3,000,000 by the transit authority. But it has been rejected. When interviewed, Attorney Minc stated the offer was inadequate and he fully expects to recover more on behalf of his client. He believes that we must send a strong message, and this reckless driving must be stopped now! Pedestrian Injuries and Fatalities in New York City The pedestrian traffic volumes in New York are among the highest in the US. Each day, New York City streets are teeming with millions of people. Under such circumstances, it should come as no surprise that pedestrian safety is an area of top priority and utmost concern for the authorities. But despite all the widespread awareness campaigns, enactment of strict legislation, and creation of extra walking spaces, New York City streets were witness to 28 cyclist and 121 pedestrian deaths in 2019. In addition to the grim death toll, thousands of pedestrians suffered injuries in accidents and collisions with motor vehicles. The city authorities, understanding the need to put in place and enforce enhanced safety measures for the pedestrians, have initiated project Vision Zero to address the safety concerns for New York City pedestrians and cyclists. If you or a loved one has sustained injuries in a pedestrian accident in New York, top personal injury lawyers at Rosenberg, Minc, Falkoff & Wolff are ready to protect your legal interests. We will leave no stone unturned to ensure that you obtain your rightful compensation from the at-fault party. A Look at the Pedestrian Accident Data Pedestrians are the most vulnerable and at-risk group among those sharing the streets, public spaces, and roadways in New York. In a collision involving a pedestrian and a motor vehicle, the pedestrian is the one most likely to experience grievous injuries or death. Given below are some relevant statistics involving pedestrian accidents and injuries in NYC and around the country. There has been an increase in pedestrian fatalities in NYC in the last year Road accidents in the US result in almost 6,000 pedestrian fatalities each year Crash-related pedestrian injuries require emergency medical care for almost 130,000 pedestrians every year in the US Collisions and accidents involving motor vehicles and pedestrians result in serious injuries to more than 3,000 New Yorkers each year Pedestrians younger than 15 and older than 65 years are the ones most at risk Typical Causes of Pedestrian Accidents and Injuries Unfortunately, New York City consistently earns the dubious distinction of ranking among the most unsafe cities for pedestrians. One of the main reasons is the high volume of pedestrian traffic in the city. While the pedestrians may be at fault in some traffic accidents, most of them are due to the negligence of motor vehicle owners. Some common causes of accidents resulting in pedestrian injuries include: Inebriated or distracted pedestrians Inebriated or distracted drivers Speeding motor vehicle drivers Motorists failing to yield or stop Severe or inclement weather Motorists failing to spot for pedestrians at left-turns Motorists failing to spot pedestrians while backing-up Project Vision Zero Vision Zero is the name of a New York state authorities’ initiative aimed at curbing pedestrian injuries and deaths in traffic accidents. The project makes provisions for additional lanes for bikes, reduction in speeds in accident-prone areas, safety awareness campaigns, and other such initiatives for pedestrian safety. Vision Zero has succeeded in bringing down incidents of pedestrian injuries and deaths drastically since its introduction. Things to Keep in Mind If You Are a Pedestrian Accident Victim As an injured pedestrian involved in a traffic crash with an at-fault motorist, you must exercise your right to seek full and fair compensation for your injuries and losses. If negligence on the part of an MTA-operated motor vehicle is the cause of your injuries, it may result in a complicated claims process. In such a case, it is vital that you seek the legal counsel of an experienced New York City pedestrian accident lawyer. Pedestrian victims in traffic crashes may likely sustain grievous or life-threatening injuries. As a pedestrian accident victim, you can claim compensation for your medical treatment costs, loss of income, and loss in the quality of your life. A competent and able New York City pedestrian accident attorney could prove to be your best bet in seeking and recovering maximum possible compensation for the damages suffered by you. Potential Defendants in an MTA Bus Accident The repercussions and effects of bus accident injuries can be traumatic and life-altering. A bus-accident injury victim typically may have to suffer the loss of income due to forced absence from work while they undergo medical treatment to recover. In addition, they also need to look after the repair of vehicles and handle the insurance companies. All this is sufficient to send a bus accident victim on the path to their financial ruin, mostly because of the injuries and other damages caused by someone else’s negligence. Since the statute of limitations for seeking damages in an injury claim varies depending on the transit vehicle involved, it becomes imperative to take legal recourse as soon as possible after a bus accident. In the case of injuries from an MTA-related accident, you have 90 days from the accident within which you need to file a Notice of Claim. Seeking legal counsel and the help of an MTA bus accident attorney can make it easier for you to understand the stipulations and various filing deadlines in cases involving transit authorities, both local and state. Apart from the statute of limitations regarding time, a typical compensation claim may involve the defendant parties whose negligence or misconduct caused the bus accident, including: The Bus Driver Although MTA bus operators train rigorously for weeks before starting their work, even a little negligence on their part can result in harm to a passenger. In cases where a bus driver is careless towards passengers, motorists, or pedestrians, they are liable to face lawsuits as defendants. The Bus Owner/Operator If the cause of the accident and subsequent injuries is a malfunction or defective equipment, the person(s) responsible for inspection and maintenance can be held liable for such oversight or negligence. Other Road Users Sometimes other motorists, bicyclists, or pedestrians can be the cause of distraction or collision that may result in injuries. In such cases, the third parties (if found at fault) may also face partial liability in the overall compensation claim. Government Entities Public transportation is usually the responsibility of the state and local government authorities or public entities. These entities or their employees may be responsible for negligence or misconduct resulting in injuries. Legal Help is Here for You! The trusted and competent bus accident personal injury lawyers at Rosenberg, Minc, Falkoff & Wolff are well-versed in handling the complexities involved in a bus accident lawsuit. Our attorneys have the expertise and proficiency to investigate and gather evidence within the court-stipulated time and help build a strong case in your favor. In addition, our legal team will help locate and deal with crucial eyewitnesses, conduct important interviews, and hire medical or technical experts to further strengthen your compensation claim. If you or a loved one is a victim of a bus accident in New York, you need the experience of our bus accident attorneys at your side. If you or your loved ones have been injured from an MTA bus accident for a free review of your case, call Rosenberg, Minc, Falkoff & Wolff, LLP today at 212-344-1000 or contact us online. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

Traumatic brain injury is quite common in major accidents that involve a strong blow to the victim’s head. This type of an injury is often the cause of permanent disability. Data from the New York State Department of Health shows that every year, traumatic brain injury (TBI) is responsible for the death of more than 2000 persons living in the state. Traumatic brain injury is quite common in major accidents that involve a strong blow to the victim’s head. This type of an injury is often the cause of permanent disability. Data from the New York State Department of Health shows that every year, traumatic brain injury (TBI) is responsible for the death of more than 2000 persons living in the state. The most common manifestation of this type of injury is a headache and some victims may also suffer a loss of consciousness. While medical experts agree that TBI can cause pain and loss of bodily functions, recent findings indicate that a concussion may also be responsible for autoimmune disease. The reporting of this condition in troops returning from Iraq and Afghanistan and also in some famous athletes in contact sports has led to greater attention in this area. What are the Common Causes of Brain Injuries in New York? Traumatic brain injury is caused due to sudden, forceful impact to the skull that affects the brain housed within. Athletic activities and sports are one of the causes of brain injuries, but there are other events that are far more likely to lead to a TBI in New York City. These include: Slip and fall accidents Motor vehicle accidents Assaults and violence Explosions Accidents in which an object strikes the victim Work accidents at construction sites Medical malpractice What is Autoimmune Disease? Normally, the body’s immune system guards against attack from foreign organisms. In an abnormal condition called as autoimmune disease, the immune system cannot distinguish between the body’s cells and foreign cells and begins to produce protein molecules called auto antibodies that start to attack the body’s own healthy cells. Autoimmune disease may result in the abnormal growth of organs or a change in their function; sometimes, body tissue destruction may also occur. The areas that are most commonly affected by such diseases include muscles, blood vessels, connective tissues, joints, skin, and endocrine glands. What are the Medical Consequences of a TBI? TBI generally results in three major consequences: Dysfunction of the hypothalamus-pituitary system that leads to deficiencies in the functioning of the thyroid, adrenal glands and the gonads. Fibromyalgia or generalized muscle pain all over the body. Inflammation that stems from an autoimmune condition. How Does the Autoimmune Response Develop After TBI? Here are the steps that are believed to occur following a TBI: Cells in the affected tissue die, causing necrosis. The dead cells break open and the content within spills out, evoking a huge reaction called the Acute Inflammatory Response. This response draws in fluid into the affected region, causing edema and inflammation. Researchers have proposed the theory that when there is a traumatic brain injury, the damaged tissue from the brain permeates through the blood brain barrier and enters the general circulation. This gets converted into an antigen and behaves like any other virus or allergen and the body’s immune system responds by production of antibodies against this brain tissue. The antibodies thus produced begin to act on the joints and muscles and also other organs such as the heart, kidney, intestine, lung, liver and even the brain itself. What to Expect After a TBI? A person who suffers a traumatic brain injury may develop problems in physical, emotional and cognitive areas. Some of the most common effects seen after such an injury include: Persistent headaches such as tension headache or migraine headache Problems with balance and dizziness Fatigue and lack of energy Sleep disturbances Loss of vision, smell and taste due to nerve damage Behavioral changes such as impulsivity, frustration, lowering of self-awareness and loss of social skills Anxiety and irritability Mood swings Depression Difficulty in concentration Feeling confused Difficulty in learning and memory Loss of ability to complete complex tasks Issues Faced by TBI Survivors Persons who sustain a traumatic brain injury in an NYC accident can face several difficulties even after they recover from their physical injuries. Tasks they performed effortlessly in the past may not become difficult to do without assistance. Communication can be a problem, resulting in relationship issues at home and at the workplace. A debilitating injury may leave the TBI victim unfit for gainful employment and this could result in a loss of income. Combined with an ongoing, mounting expense for medical treatment and therapy, this could spell economic disaster for the victim and their family. Role of Rehab for TBI Survivors Anyone who survives a TBI that compromises their normal functioning will require rehabilitation and therapy to regain even a semblance of their previous life. Rehab can help to treat the physical and emotional issues and also provide social support. It can also help to improve the victim’s ability to get back to their normal routine at home and if possible, at work, or in the community. TBI survivors often have to deal with medical complications such as pain, blood clots, drop in blood pressure, muscle spasm, bladder or bowel problems and difficulty in sexual function. Rehabilitation can be designed to work around these issues and help to improve the victim’s quality of life. During the rehab process, a program is custom-designed to help you regain the maximum possible level of normal functioning. Every person’s experience and symptoms of brain injury are different and rehabilitation must take these individual factors into consideration. Rehab programs may take place in the hospital’s inpatient or outpatient setting. Some victims prefer to have a home-based rehab program if moving out is difficult. Independent day care programs and living centers are also another rehab option that you could explore. Most rehab programs include physical therapy, medication, psychiatric and psychological care, occupational therapy, social support and speech and language therapy. The nature of rehab depends on the severity of the brain damage that you sustained in the accident. How long rehab lasts is also dependent on the way your body and mind responds to the therapies being provided. Some persons are able to regain their previous level of activity; others may require lifetime therapy and care to deal with even the normal tasks of daily living. One of the major factors that complicate treatment in a TBI injury is the delay in symptoms. Even as the evident symptoms are being treated and the patient is recovering, there may be new symptoms that appear after a considerable time. So, the person requires ongoing monitoring and treatment to deal with the entire spectrum of the disease. Choose the Right Rehab Service Provider During rehab, it is quite likely that an unqualified or untrained service provider may perform therapy in a way that causes an aggravation of your existing problem. Wrongly performed rehab can cause new injuries along with worsening the existing symptoms. It is important to choose a well-qualified and certified rehab specialist who employs qualified and trained staff to administer the therapy. What Compensation can a TBI Victim Claim? As evident from this discussion, recovering from a TBI is a complex, long-drawn process that can take a significant toll on your finances. It is unfair for you to have to suffer not just physical and emotional pain but also financial loss due to an injury caused by someone else’s negligence. If you or a loved one has been hurt in an accident in New York that left you with a traumatic brain injury, you are entitled to claim damages for the loss you have suffered. The compensation you can claim includes the following areas: Medical expenses including emergency surgery, treatment, hospitalization, physical therapy and ongoing medical care to regain functioning and motor skills Pain and suffering related to the initial injury as well as the chronic pain and suffering caused by the TBI Loss of income caused due to being unable to work as you used to do before the injury Loss of consortium or the ability to engage in a meaningful and supportive companionship to your loved ones and family Speak to a Seasoned Catastrophic Injury Lawyer in New York Recovering from a TBI is an extremely painful and unpredictable process. While you are caught up in this important task, you may not have the time or the energy to get involved with the legal process of claiming damages. However, it is vital to remember that the person who caused your injury must be made to pay for the pain and suffering that their negligence has caused. If you or a loved one has been injured in an accident in New York that has caused a traumatic brain injury, get in touch with us at Rosenberg, Minc, Falkoff & Wolff, LLP. Our team of competent personal injury attorneys has several years of experience in dealing with insurance defense lawyers and adjusters as well as medical experts who are unaware of the connection between TBI and autoimmune disease. We can help you use the latest research in this field of medicine to make sure that you get the compensation you rightfully deserve. For a free review of your case, call Rosenberg, Minc, Falkoff & Wolff, LLP today at 212-344-1000 or contact us online. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

While data shows that human error is the most common cause of road accidents in New York, there may often be other significant reasons for the crash. Cars are complex machines made up of several parts that perform a particular function. If there is a problem with the design of the automobile parts or some part fails to function as intended, it can lead to disastrous consequences. While data shows that human error is the most common cause of road accidents in New York, there may often be other significant reasons for the crash. Cars are complex machines made up of several parts that perform a particular function. If there is a problem with the design of the automobile parts or some part fails to function as intended, it can lead to disastrous consequences. A vehicle that is defective may lead to an accident triggered by a problem in the brakes, tires, or steering columns. In some cases, defects in the road may also be responsible for causing road accidents. In case you have been injured in a road accident caused by vehicle or road defects, you are probably wondering about who can be held liable for your loss. Talk to a trusted auto accident attorney in New York to know more about what the law says regarding such accidents and injuries. Common Causes for Vehicle Malfunction Related Accidents All vehicles suffer wear and tear and tend to break down over time. This is the reason why one must perform regular maintenance to keep the vehicle in good condition. Failure to maintain your car will cause it to develop defects that may result in a malfunction when you are on the road. If an accident is traced to the poor condition of a car, the owner of the car may be held legally responsible for the accident. Data from the National Highway Transportation Safety Administration (NHTSA) shows that close to 6.8 percent of road crashes are caused due to vehicular malfunction. Some of the common defects that may lead to car accidents in New York include: Failure of the brakes Balding of the tires Malfunction of the steering system Problems with suspension Engine failure Transmission issues Failure of brake lights or headlights Airbag deployment failure Faulty windshield strength Problems in automatic transmission Leaks from the radiator or other parts Who is Responsible for Car Accidents Due to Vehicle Defects? Automobile companies are quite likely to manufacture vehicles with serious design or manufacturing errors. The recall of one million cars by General Motors after a fault in the ignition switch caused the death of 42 drivers is just one out of many examples. However, it is an unfortunate fact that these auto manufacturers do not take decisive action unless there are serious injuries reported by consumers. Under New York’s strict liability doctrine, the following three conditions are considered in order to prove auto accident liability: Does the vehicle or any of its vital components exhibit defects that may be termed ‘unreasonably dangerous’? Were injuries caused due to this defect despite the vehicle being driven in the intended, reasonable manner? Was the vehicle in its original form without any substantial changes introduced by the owner that could have changed its performance? It is a manufacturer’s legal duty to sell only those products that are safe for use. An automobile company that sells vehicles with defective design or malfunctioning parts that caused an accident is therefore liable for negligence as per the concept of product liability. The NHTSA requires auto companies to notify it regarding any defective vehicle that may potentially cause an injury. This notification has to be followed by an immediate recall of the concerned vehicles. A failure on the company’s part in taking such preemptive action can lead to serious accidents and victims injured in them can bring a lawsuit against the auto manufacturer. How to Proceed in a Car Accident Caused by a Vehicle Defect? Like in any other type of accident, a product liability claim will require you to prove that the car manufacturing company was negligent in its: Design of the car parts Assembly of the car parts Lack of warning about any hazard or defect that was likely When someone tries to pursue a claim for a defective vehicle, the manufacturers will try all they can to avoid being blamed. They may try to garner evidence proving that the accident was due to negligence of the driver and not due to a vehicle defect. Another ploy they may use is to say that the vehicle was not used as intended or that the vehicle had been modified by the driver, resulting in the malfunction. Disproving statements along these lines is not an easy task and this is why having an experienced New York City defective vehicle auto accident attorney on your side is critical to your case. If you suspect that your accident was caused due to a vehicle defect, it is imperative to preserve the car and its parts in the same condition and arrange for it to be inspected by an expert. A competent automobile accident lawyer can help you ensure that even if the vehicle is to be signed over to the insurance company, the vital evidence (such as the “black box” in newer cars) is collected and preserved before the vehicle is transferred. What is the Role of Road Design in Car Accidents in New York? Road-related factors are responsible for more than 16 percent of traffic accidents. Every road must conform to state and federal standards that are designed to ensure the safety of vehicles. Road geometry is especially important when it comes to uphill slopes and curves. Roads also require signs and signals to make it easy for the drivers to know what to expect along the route. According to the NHTSA, missing traffic signs are responsible for close to 10,000 vehicle accidents every year. The accuracy of speed limits specified on the road signs is also critical. If the signs indicate a speed limit that is beyond safe limits, it is very likely to result in a crash. The condition of the roads is another vital factor that may cause accidents. Whether it is a small crack in the asphalt or a huge pothole, every road defect is a risk factor. Any vehicle driving on a faulty or poorly maintained road is likely to be affected, but motorcycle riders and bicyclists are perhaps the most vulnerable because the nature of their vehicles does not provide for any physical protection. Other road-related problems that can cause accidents include: Lack of guardrails Excessive or insufficient banking of roads Too narrow shoulders on the road Problems with road drainage that cause water pooling on the road Presence of plants that intrude into the driving lanes Absence of lane markers Sharp drop-offs on highways Poorly designed entry and exit ramps Who Can You Sue for Auto Accidents Caused by Road Defects? If your auto accident in New York was caused due to a poorly designed or maintained roadway, you can sue the governmental agency that is responsible for its upkeep. Winning the case depends on how well you are able to prove that the road design was unsafe and could have been improved upon. This is not as easy as it sounds and the government will employ legal experts who can use creative jargon, rules, exceptions, and legal precedents to prove that they were not at fault for the accident. The Department of Transportation (DOT) is responsible for the upkeep of roads in NYC. If your car accident was caused due to a defect in the road’s design, construction or maintenance, the DOT cannot be held legally responsible for the injuries you sustained unless there has been prior notification of the defect which the DOT failed to repair despite the passage of a reasonable amount of time. It is not impossible to pursue a case against either a vehicle manufacturer or a government agency responsible for the design and maintenance of roads. However, suing such parties and winning is certainly a complex and challenging task that is very difficult for anyone without legal expertise and that is why having an experienced and focused lawyer on your side is important. Accomplished Auto Accident Attorneys in New York are Here to Help If you or a loved one has been injured in a car accident caused by a defective vehicle, you can pursue a lawsuit against the company that manufactured, distributed, or supplied the vehicle. If your accident was caused due to poor road conditions, it may be possible to file a lawsuit against the concerned governmental agency. While it is not impossible to win a lawsuit against large corporations, business entities and governmental agencies, it is certainly a difficult task for an ordinary citizen to handle on their own. At Rosenberg, Minc, Falkoff & Wolff, LLP, we have several years of experience in helping clients who have been injured in accidents caused by vehicle and road defects. Our team of automobile accident attorneys has the resources, network, and competence to build a strong case for you. We can handle all the legal paperwork and make sure evidence is procured, preserved, and presented in a manner that is designed to help you win the compensation you deserve. Call Rosenberg, Minc, Falkoff & Wolff, LLP today at 212-344-1000 or contact us online for a free review of your case 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.