All Blog Posts - Smiley & Smiley Law, LLP.

Examples of Scaffolding Accident Cases in New York

- March 17, 2025

Scaffolding accidents can cause serious injuries that totally upend a family's way of life. To better illustrate what these types of cases look like and how they can resolve, in this post we'll share ... Read More

Who Can Bring A Wrongful Death Claim? What You Need To Know.

- March 17, 2025

If a loved one of yours has passed away due to negligence and the family would like to pursue a lawsuit, you've probably wondered who in the family can actually file the lawsuit. In this post we'll... Read More

When Failure To Diagnose Colon & Prostate Cancer Is Legal Negligence

- March 17, 2025

If you or a loved one has either colon or prostate cancer that was not diagnosed early enough, you may have asked yourself if the doctor arguably should have diagnosed it sooner. In this post we'll... Read More

What To Know About Wrongful Death Lawsuits in New York City

- March 17, 2025

Wrongful death lawsuits are based on demonstrating that a family member met an untimely passing due to someone else’s negligence. Often people hear the term “wrongful death” in the context of a med... Read More

Premises Negligence Lawsuits: An Overview With Examples [NYC]

- March 17, 2025

There is a legal obligation of property owners and/or property managers to maintain the property in a safe condition for the public. Certain aspects of premises negligence in New York City involve ... Read More

The Making of The Mentor Esq. Podcast

- March 17, 2025

Founder Andrew Smiley had been practicing law successfully for some time when the concept of the podcast first formed in his mind. He’d enjoyed teaching and preparation sessions with other lawyers,... Read More

How Do Defective Products Lawsuits Work in New York City?

- March 17, 2025

If you’ve been injured by a defective product and are wondering if you have grounds for a lawsuit, our intention in this article is to clarify your way forward without wasting your time. There are ... Read More

Can I Sue My Gym If I’ve Signed A Waiver in New York City?

- March 17, 2025

New York State’s General Obligations Law (5-326) states that certain waivers are void if they work against public policy. Public policy encompasses a whole section of the law where public-facing busin... Read More

Our Legal Podcast That Counts Toward Your CLE in NYC And Beyond

- March 17, 2025

Our legal podcast, The Mentor Esquire, is a powerful resource for aspiring or practicing lawyers. The idea is to pass on what we've learned over the years successfully running personal injury lawsuits... Read More

The Most Common Causes For Construction Accidents in New York City

- March 17, 2025

We’ve talked about the process for filing a construction accident lawsuit in other posts. In this one, we want to highlight the causes for these injuries. Reason being: if you’ve been inj... Read More

What Do Personal Injury Lawyers Cover in New York City?

- March 17, 2025

A personal injury attorney focuses on lawsuits having to do with someone suffering an injury caused by someone else, whether through direct action or because of negligence. There are some specific ... Read More

How Do Personal Injury Cases Work? [New York City Attorneys]

- March 17, 2025

This is a common question, and one you’re very likely asking yourself if you’ve been injured and considering hiring a personal injury attorney. Though every case is different, in a general sense he... Read More

Are My Winnings From Personal Injury Lawsuits Taxable?

- March 17, 2025

When you're injured  and feel you have a claim for a personal injury lawsuit, one of the first questions that may enter your mind is whether winning the case will create a tax liability. After al... Read More

Construction Accident Attorney for the Bronx

- March 17, 2025

Injuries on construction sites in the Bronx can be confusing situations. Workers Comp cases are a logical place to start, but can take awhile to resolve and involve their own complexities. Or perha... Read More

The First 5 Steps to Take if Your Husband Was Injured While Working in Construction

- March 17, 2025

Between January 2015 and December 2019, 3,045 construction workers were injured on the job in New York City. Many of those workers had spouses and children.  If you just received the call that... Read More

I Got Hurt Working With A Personal Trainer. Should I Get An Attorney?

- March 17, 2025

This is a common question, and if you’ve been working with a personal trainer to step up your fitness game it’s natural to be confused about what to do if you get injured during one of those sessions.... Read More

Injured in an Accident with a Revel Scooter

- March 17, 2025

Revel mopeds are incredibly dangerous and have caused many accidents. In the case of this 82 year old woman, she was struck by a Revel in NYC. She sustained head trauma, and the motorist was awaiting ... Read More

What To Do When Injured Working In An Elevator

- March 17, 2025

Even though elevators are an important part of architecture, and are used on a daily basis, they can pose a huge risk. Research has shown that every year around 30 fatalities and 17,000 serious inj... Read More

Tractor Trailer Accident that Causes an Injury

- March 17, 2025

Accidents involving tractor-trailers can be among the worst car accidents because of the size and speed of the tractor-trailer. Recently, two people died when a tractor-trailer collided with an SUV in... Read More

What Happens when an MTA Employee is Injured at Work?

- March 17, 2025

Workplace accidents and injuries can happen any time, any day, and in any profession. Tragically, an MTA employee was recently killed while he was at work in the Bronx. He fell between train tracks, a... Read More

Bicyclist Injuries in NYC Caused by an MTA Bus

- March 17, 2025

The NYC Bicyclist Landscape New York City has a lot of bicyclists and a lot of bicyclist accidents. A City Traffic Report says 793,000 people are regular bicyclists, and there are 493,000 bike ride... Read More

Injured by a Defective Fire Pit

- March 17, 2025

Enjoying the Outdoors Sitting around a fire pit enjoying the outdoors, chatting with your friends and neighbors, watching the kids toast their marshmallows all sounds like a perfect way to relax. T... Read More

Your Rights as an Injured Firefighter

- March 17, 2025

You could be forgiven for thinking that firefighter accidents are just another day in the office or a hazard that comes with a firefighter's job description. The truth of the matter is that this shoul... Read More

What To Do If Injured In An Automobile Accident Involving A Utility Vehicle

- March 17, 2025

Utility workers often work long hours and travel out of town to respond to large storms.  This often leads to these workers being excessively tired and unfamiliar with the areas they are driving in.  ... Read More

Injured by Falling Debris from MTA Construction Site

- March 17, 2025

The Background It is no secret that MTA construction accidents during installations or maintenance on New York subways can happen to anyone passing nearby at any time. The occurrence of these incid... Read More

Injured in a Boating Accident

- March 17, 2025

The Background Boating is a favorite summer activity. The New York City area is close to many waterways, bays, and harbors. In recent years these recreation areas have become increasingly crowded. ... Read More

Injured in an Accident Involving an NYPD Vehicle

- March 17, 2025

The Background Police officers have one of the most stressful and demanding jobs in the world, with both physical and mental demands forced upon them day in and day out. However, that doesn't mean ... Read More

The Dangers of Being an Ironworker

- March 17, 2025

Construction workers have one of the deadliest jobs out there—working with and under heavy, dangerous equipment every day. According to the U.S. Department of Labor, the percentage of injuries to iron... Read More

Injured in a Limousine Crash

- March 17, 2025

What to Do After Being Injured in a Limousine Accident Riding in a limousine can be a lot of fun. However, the limo accident that claimed 20 lives in New York has become the deadliest transportatio... Read More

Automobile Accidents Involving Alcohol

- March 17, 2025

Accidents involving alcohol can lead to severe life-changing injuries or even death. Even though it seems like an open and shut case for financial compensation, it's not always clear who is responsibl... Read More

If you are injured during an apartment fire you can hold the landlord responsible

- March 17, 2025

Responsibility Living through any type of fire can be unforgettable, but add on getting injured and that can add to your worries. Just recently a massive fire erupted in a three-story Bronx apartm... Read More

Your Rights as an Injured Union Construction Worker

- March 17, 2025

Being a part of a union has many benefits, including legal protections from injuries you may face at work. If you are a part of a construction workers union you need to know your rights when it comes ... Read More

Slip and Fall at a public swimming pool? Who is responsible?

- March 17, 2025

While not everything has reopened nationally, some states have eased restrictions and some pools are open. Regardless, however, on principle pool operators have a responsibility to keep people safe, s... Read More

My Child Was Injured At Summer Camp: Who Is Responsible?

- March 17, 2025

The Situation Summer is just around the corner, and for many parents, that means it's time to think about sending your kids off to camp. Summer camps can provide great opportunities for both childr... Read More

If I am in an accident should I seek medical help, even if I feel fine?

- March 17, 2025

The Situation Any accident is a traumatic experience and when we go through trauma it can be very easy to have our brain lose its logical and methodical abilities, it's understandable. However, som... Read More

Injured At The Gym: Should I Sue the Gym or the Personal Trainer?

- March 17, 2025

The Situation Hundreds of millions of people visit the gym every year, and over 4 million of them end up in the emergency room because of exercise-related injuries. If you've recently been injured ... Read More

Injuries Sustained in NYC Parks and Your Rights

- March 17, 2025

The Situation Have you suffered a personal injury while visiting a New York City park? Dangerous conditions that result in an injury out of your control need to be addressed. If you have been injur... Read More

Injured by a Commercial Vehicle, is the Driver or the Company Responsible?

- March 17, 2025

The Situation You suffered injuries in an accident with a commercial vehicle. The crash was not your fault. Now you want to know: who owes you money damages for your injuries and losses, the driver... Read More

Can You Sue a Personal Trainer From a Zoom Session Injury?

- March 17, 2025

Zoom is an app that many businesses and people use to communicate via video all around the globe. It's been used to great effect for employees that telecommute and for services like telehealth. What a... Read More

Examining your Rights as an Essential Business Employee

- March 17, 2025

The Overall Situation Many essential businesses such as grocery stores, hospitals, post offices, etc. are remaining open during the COVID-19 pandemic.  They need their employees to perform essentia... Read More

Eviction and the CARES Act

- March 17, 2025

The Overall Situation Many of New York City's tenants have suffered because of the Coronavirus outbreak (aka COVID-19.) Many will either not be able to pay their rent or not pay all of it while the... Read More

Should the Police Stop and Question People Going Outside During Crisis?

- March 17, 2025

There's no doubt that New York City remains as the major epicenter of the COVID-19 crisis in the US.  Because of this, Governor Andrew Cuomo has mandated that all New Yorker residents please stay... Read More

Do I Have a Case if I Get Sick at Work Because of Employer Negligence?

- March 17, 2025

With the global outbreak of the COVID-19 virus, employers have been forced to step up their game when it comes to worker safety. Many companies are now providing their employees with personal protecti... Read More

Common Nursing Home Injuries Due to Neglect

- March 17, 2025

For anyone with a loved one in a nursing home, we have all experienced this unfortunate incident.  These plaguing occurrences are known as nursing home abuse and neglect.  Many want to belie... Read More

Options for Hate Crime Victims: What’s Next?

- March 17, 2025

For members of marginalized groups, fear of being targeted for the sole reason of one's identity is constant. Commonplace crimes can be all the more damaging and even traumatizing when they come from ... Read More

Is your apartment up to Fire Code and what you need to know?

- March 17, 2025

Staying safe in your apartment is something that you look forward to every day when you wake up in the morning. Nevertheless, during the day to day living, you may come across safety threats such as f... Read More

Loved One Injured in a Nursing Home

- March 17, 2025

A nursing home injury is any type of physical harm that befalls a loved one in a long-term care facility. The main reason why you would enroll a loved one in a nursing home is for them to receive prop... Read More

The Hidden Dangers of Winter Jackets & Car Seats

- March 17, 2025

Several organizations, including the American Academy of Pediatrics (AAP) and Consumer Reports, have spoken out about the hidden dangers of children wearing bulky winter coats while in a car seat. In ... Read More

When Surgery Goes Wrong, What Are Your Rights?

- March 17, 2025

Needing surgery is a daunting idea for anyone. Very few people are exposed to surgical procedures at a rate that would decrease the nerves and uncertainties involved. Everyone expects their or their l... Read More

Were You Injured Working in a Restaurant?

- March 17, 2025

Did you slip and fall at work? Or maybe you were hurt while lifting a tray laden with plated dinners for ten? According to the National Floor Safety Institute, slip and fall accidents are the leadi... Read More

I Sustained Serious Injuries After a Slip and Fall, What’s Next?

- March 17, 2025

According to the Centers for Disease Control and Prevention, one in five falls results in a serious injury such as a head injury or broken bones. Falls are nothing to take lightly and, depending upon ... Read More

The Importance of Proper Car Insurance in 2020

- March 17, 2025

Cheap auto insurance is a temptation that doesn't always coincide with your best interests. When shopping for coverage, it's important to consider more than price. Often, an inexpensive insurance plan... Read More

What Benefits Am I Entitled to After a Car Accident in NYC?

- March 17, 2025

Were you recently injured in a car accident in NYC? You may be entitled to benefits above and beyond what the insurance company is offering you. It's important for you to understand your rights. ... Read More

Routine Procedures Commonly Linked to Medical Malpractice

- March 17, 2025

When it comes to medical malpractice, routine procedures may not make the headlines like other operations. Nevertheless, a significant proportion of routine procedures result in injury to the patient,... Read More

The New Smoking Age Limit Law – What You Need to Know

- March 17, 2025

On December 20, 2019, President Trump signed the bill to pass a law that increases the legal age for tobacco sales from 18 to 21. The new law is expected to help America save thousands of lives. ... Read More

I’ve Been Hurt, Who Can Help?

- March 17, 2025

Accidents and incidents happen at the drop of a hat, leaving you confused and unprepared. If you recently sustained an injury that was not your fault, consulting a lawyer can help. Indeed, a lawyer's ... Read More

Injured By Flying Snow/Ice From A Vehicle?

- March 17, 2025

Injured By Flying Snow/Ice From A Vehicle? Snow and Ice flying off other vehicles and causing injuries and death are more common than you think.  Just this week, according to the Boston Globe, ... Read More

How Much Should A Good Attorney Cost: Factors that Affect the Price

- March 17, 2025

Hiring a lawyer is the best decision when you're facing a legal issue. But legal representation comes at a cost. Before you hire a lawyer at the onset of your case, you need to understand how much it ... Read More

Seeking Damages From an MTA Bus Accident?

- March 17, 2025

Accidents on an MTA Bus Non-collision bus customer accidents, which did not involve a collision, increased 11% from August 2018 according to the MTA and reported in the New York Post. Of the 49... Read More

How to Handle a Valid Insurance Claim Denial

- March 17, 2025

Valid insurance claims can be denied for several reasons. You may have suffered injury caused by a traffic accident, being on an employer or other business's premises, or injured working on a construc... Read More

Things to Know About Product Liability and Personal Injury

- March 14, 2025

Even if you haven't yet personally experienced an incident that would necessitate a product liability/personal injury case, knowing all there is to know about the particulars of such cases beforehand ... Read More

Talking to the Police Without a Lawyer Present

- March 14, 2025

There are many occasions when you may be in a police officer's presence; pulled over while driving, stopped while walking along a street, or you may have been apprehended and are in custody. There are... Read More

Hurt in Police Custody: Do You Have a Case & What Should You Do?

- March 14, 2025

Overview It is uncommon, but people can be hurt in police custody. People can suffer injuries: On the street after being taken into custody. In a police vehicle. On police premises. T... Read More

The Do’s and Don’t When Getting Pulled Over By an Officer

- March 14, 2025

Do’s and Don’t When Getting Pulled Over You often hear the stories friends tell about getting pulled over or maybe it was you telling the story. Many people have a general idea of what to do when t... Read More

5 Tips for a Happy and Safe Halloween in NYC

- March 14, 2025

Halloween in NYC Halloween is a happy holiday for children and adults. The holiday falls on Thursday, October 31 this year. Children will enjoy the Trick or Treat part of the holiday along with the... Read More

Can You Sue the City if a Street Sign Falls on You?

- March 14, 2025

Can You Sue the City if a Street Sign Falls on You? The short answer is, "Yes, you can - but." There are several "buts" to be taken into account. Successfully suing New York City because a street s... Read More

How Can Event Data Recorders (EDRs) Improve Your Case?

- March 14, 2025

Using the information held in an Event Data Recorder (EDR) in a legal matter can improve the strength of your case. EDRs can be used in both criminal and civil cases. If you are the injured party in a... Read More

Picking the Right Law School

- March 14, 2025

The judiciary field is expanding and with that comes the increase in the number of schools specializing in teaching Law. When considering which school to choose, there are a lot of factors that must b... Read More

Injured in a College Dormitory? Who’s Responsible?

- March 14, 2025

To put it bluntly - it all depends on the what, why, how, and where of the injury. Determining responsibility for injury in a college dormitory can be both complex and subtle, so it is always wise to ... Read More

Talking to an Insurance Adjuster Without Your Counsel Present

- March 14, 2025

After an accident that involves personal injury and property damage, the other party's insurance adjuster or agent will probably contact you directly. This may be before you have had a chance to speak... Read More

Injured From A Defective Product?

- March 14, 2025

Minor or severe accidents can happen anywhere. They could happen driving down the freeway or walking in to work. If an accident happens to you, you might begin to consider retaining the services of a ... Read More

Was Your Child Injured at Daycare?

- March 14, 2025

Nannies and Day Care Centers Have Responsibilities Nannies, day care centers, and other people or organizations contract to look after children when their parents or guardians are not present. They... Read More

How to Fight Insurance Companies When You Are Injured

- March 14, 2025

Just a brief glance at the statistics quickly illustrates just how immensely hefty the collective costs of insurance premiums are as a whole. When accounted for across the globe, insurance premiums' t... Read More

Nursing Home Malpractice: Fighting For The Elderly

- March 14, 2025

Thoroughly vetting the quality of nursing homes before you entrust any of them with the care of an aging loved one is imperative. The upkeep of nursing homes' facilities and supplies can be a matter o... Read More

Avoiding Cash Flow Problems with a Good Credit Line

- March 14, 2025

Cash is king. With the current economic times, it is almost impossible to keep the business running with bad cash flow. In fact, it is one of the biggest reasons why one out of every four businesses f... Read More

What Is the “Seat Belt Defense?”

- March 14, 2025

The Seat Belt Defense The seat belt defense is legal in New York and New Jersey, as well as in 13 other states. It is used by a driver who causes an accident and wants to reduce their legal liabili... Read More

Can You Sue your Surgeon when Lasik Surgery Goes Wrong?

- March 14, 2025

Lasik surgery is often advertised as a solution to vision problems. The idea of getting rid of glasses or contact lenses for good is appealing to many. However, like any other procedure, Lasik surgery... Read More

Who Represents New York City Subway Passengers?

- March 14, 2025

Know your rights... New York City has the most extensive subway system in the world. Every weekday, over 5.5 million people ride the subway across its 472 stations. If you're one of them,... Read More

Medical Malpractice Claims

- March 14, 2025

Understanding the First Steps... If you or a loved one has been the victim of medical malpractice, then seeking legal action is a must. From surgical errors and missed diagnoses to prescription err... Read More

Winning Over Clients: Three Essential Tips

- March 14, 2025

There are a lot of skills that a practicing lawyer needs to have. Dedication, perseverance, and the ability to tackle a difficult case are all very important. But one skill that seems to get overlooke... Read More

Client Satisfaction: Opening a Line of Communication

- March 14, 2025

It would be difficult to understate the importance of communication, and how seriously a law practice should take it. If a client is taken on and doesn't hear anything for an extended period of time, ... Read More

The True Importance of CLE Presentation

- March 14, 2025

An attorney's education does not just come to an end after they've passed the bar. To confirm that they're still capable of providing the kind of legal service that a certified professional should be ... Read More

Credit Line: Long Cases That Delay Payment

- March 14, 2025

Many law firms require a credit line linked more to their legal work than to simply being in business. Almost every commercial venture borrows money either as a set loan amount or as a line of credit ... Read More

The Cost of Practicing Medical Malpractice

- March 14, 2025

Medical Malpractice Lawsuits are Expensive Lawsuits to do with medical malpractice are more costly to prepare and to proceed with, than many other lawsuits. There are a number of reasons for this. ... Read More

Does Advertising for Lawyers Still Work?

- March 14, 2025

The short answer is, "Yes, advertising for lawyers does work when done correctly." That is the secret to successful advertising. There are some critical factors which underpin the word "correctly." Le... Read More

Have you or a loved one been injured at a pool this summer?

- March 14, 2025

New York is once again in the midst of a hot summer. If you have kids, the whole family will probably be spending time at a pool over the next couple months. Unfortunately, these visits to public pool... Read More

The MTA Says the Police are Authorized to Inspect Your Bag But Do You Have the Right to Refuse?

- March 14, 2025

That is an excellent question. The police have a responsibility to protect the public from threats of violence. American citizens have the right to go about their daily business without undue harassme... Read More

What to Know Before Hiring an Attorney

- March 14, 2025

Hiring an attorney is an immensely important decision. Hiring the right attorney for you and for the purpose of winning your case is critical. There are four simple steps you should take so you know y... Read More

How Do Mistrials Occur in Personal Injury Cases?

- March 14, 2025

Personal injuries are painful and traumatic in their own right. The last thing a plaintiff needs or wants is for the judge to declare a mistrial and for everything to go back to Square One. Before we ... Read More

How Much Compensation Can a Victim Expect from a Personal Injury Claim?

- March 14, 2025

The amount of compensation produced by a personal injury case varies based on a number of factors such as the nature of the accident, the damages occurred during the accident, and whose fault the acci... Read More

What To Do if You Don’t Agree with the Adjuster on an Injury Claim?

- March 14, 2025

Personal injuries are unpleasant enough without the added burden of learning the adjuster has made what you believe is either merely a token settlement offer or has used incorrect information when mak... Read More

Skydiving and Liability: Is It Negligence?

- March 14, 2025

If you're considering going skydiving, there are a few things that you should know before jumping. Skydiving is an exhilarating bucket-list activity for many but it is also one of extreme risk. Skydiv... Read More

Statute of Limitations for Personal Injury and Wrongful Death

- March 14, 2025

The decision to file a wrongful death or personal injury lawsuit can be a difficult one to make. You may worry about the time and expense involved, the personal scrutiny you may encounter, or the emot... Read More

E-Cigarette Explosion: Do You Have a Case?

- March 14, 2025

There is a growing concern amongst the public with regards to E-cigarettes, especially exploding ones and the fact that they are currently not regulated by the FDA. According to the US Food and Drug A... Read More

Were You Hit by a Train After Falling onto the NYC Subway Tracks?

- March 14, 2025

In many metro areas, there is a glass wall separating each subway station from the tracks. These barriers prevent objects from dropping or being thrown onto the tracks. These walls also deter peo... Read More

Were You Injured While Riding a Faulty Citi Bike?

- March 14, 2025

Since 2013, NYC residents have had access to Citi Bike's fleet of rental bicycles. All over the city, the bikes are parked at docking stations for renters to check out. Citi Bike's fleet includes 12,0... Read More

Medical Malpractice: Steps to Make Sure You Have a Concrete Case

- March 14, 2025

Smiley & Smiley, LLP understands that you and your family's health are important. When medical malpractice happens, the results can be devastating. Inadequate care, negligence, and misdiagnosis ca... Read More

What to Look For When Hiring a Personal Injury Attorney

- March 14, 2025

Nobody wants to think about themselves or a loved one experiencing a preventable injury or death. But the fact remains that preventable injuries and deaths occur frequently, with over 47.2 million inj... Read More

Can I Get into Trouble for Faking Online Reviews?

- March 14, 2025

Background Online reviews and testimonials have become the new word-of-mouth marketing in the digital age, with over 80% of consumers trusting online reviews as much as in-person recommen... Read More

Does Your Car Have an Event Data Recorder?

- March 14, 2025

Your new car might have more buttons, displays, and sensors than you know what to do with. But among the useful technology like GPS and Bluetooth, you may want to check on a lesser-known device: an ev... Read More

Did Your Doctor Over-Prescribe Prescription Drugs? Know Your Rights…

- March 14, 2025

Opioid addiction is at epidemic levels in the United States.  Thousands of Americans die each year after overdosing on prescription drugs.  Large numbers of Americans addicted to opioids use prescript... Read More

What If My New Apartment Has Bedbugs?

- March 14, 2025

Is My Landlord Responsible... Moving into a new apartment is usually an exciting and happy time. It often signifies a new beginning or a fresh start. A fresh start in a new apartment should be a gr... Read More

What If I Am Injured On A Slippery Sidewalk?

- March 14, 2025

Winter in New York City is a beautiful time of year to take a stroll through Central Park or any of the city's other picturesque landscapes. Unfortunately, a sidewalk slip-and-fall injury can quickly ... Read More

Know Your Rights: Air Travel with Your Pets

- March 14, 2025

 More and more, pets are being treated as "one of the family." Pet parents are spending large sums of money on high-end pet foods, toys, pet daycares, and travel expenses. Dogs and cats in airpor... Read More

Family Losses in Personal Injury Claims

- March 14, 2025

Loss or Injury of a Family Member or Loved One When a loved one passes or is gravely injured, the effects on family members can be detrimental in numerous ways. Despite the emotionally exhaustive g... Read More

What are “Damages” in a Personal Injury Case?

- March 14, 2025

Pain and Suffering Most people do not fully understand what pain and suffering means until they are forced to go down the path and deal with it head on during an unfortunate accident. Most believe ... Read More

New York Drivers and Passengers Must Buckle Up

- March 14, 2025

Seat Belts Save Lives New York State's Occupant Restraint Law applies to drivers and passengers throughout the state, including New York City. If you are in the front seat of a vehicle, buckle up. ... Read More

What is loss of consortium?

- March 14, 2025

When a loved one passes or is gravely injured, the effects on family members can be detrimental in numerous ways. Despite the emotionally exhaustive grieving process the affected families undoubtedly ... Read More

Lasik Surgery. Is it for you?

- March 14, 2025

Pros and Cons of LasikNo one enjoys struggling with contact lenses every morning, or dealing with the expense of broken eyeglasses. If you are looking for a permanent solution to replace these, you ma... Read More

Who Assumes The Risk If I’m Injured In A Group Fitness Class?

- March 14, 2025

Gyms provide the perfect environment for training but they also create the perfect storm for personal injury accidents. There are machines and heavy equipment everywhere, most of which many people hav... Read More

How Binding are Gym Liability Waivers?

- March 14, 2025

As the New Year approaches and you search out local gyms to burn those Holiday pounds, prepare yourself for the anticipated gym waivers. Committing to a gym membership should be fun and inspiring. ... Read More

New York Scaffolding Law: What You Need to Know

- March 14, 2025

According to the Occupational Safety and Health Administration (OSHA), poor fall protection on construction sites and injuries from scaffolding rank 1 and 3 out of the 10 most cited job site standards... Read More

The Importance of Choosing a Certified Personal Trainer

- March 14, 2025

Hiring a personal trainer can be a smart choice for your health, but it is essential to find out if that trainer is properly certified. You only have one body, and an unqualified trainer could ... Read More

School Zone Related Accidents: The Statistics And Safety Measures You Need To Know About

- March 14, 2025

The crisp Fall air has returned to make for somewhat cooler mornings and beautiful changing colors on the leaves of trees. It also means that school is back in session, and that means seeing those sch... Read More

Is My Employer Required to Give Me a Minimum Amount of Sick Leave?

- March 14, 2025

An illness or injury can occur anywhere, at any time, and to anyone. When you or a loved one experience a medical emergency, time away from your employment only adds to the stress. Whether your... Read More

I’m Injured! Is My Personal Trainer Liable?

- March 14, 2025

Your personal trainer is there to help you reach all of your workout goals. Unfortunately, not every personal trainer has the ability to help you reach those goals--and some of them lack the experienc... Read More

What is Sarcoidosis? The Rare But Incurable Disease

- March 13, 2025

The worst tragedy that this nation has faced in modern times and the disease known as Sarcoidosis are connected. This is because Sarcoidosis is an inflammatory disease that most commonly impacts the l... Read More

The risk of brain injury in soccer

- March 13, 2025

There has been a lot of talk in recent years about the dangers of football--and the growing concerns surrounding brain injuries from the sport. However, a recent study indicates that the world's most ... Read More

Paralyzed due to medical error? Here’s what to do

- March 13, 2025

No one wants to consider the possibility of becoming paralyzed because of a medical professional's negligence. Unfortunately, this does happen. Medical error, or medical malpractice, is the thi... Read More

Bus Safety Advice to Give to Your Children

- March 13, 2025

As the school year begins, you should consider which transportation option is best for your child. Out of the options, many New Yorkers agree that taking the bus is one of the safest options for kids ... Read More

Top hazards in the construction industry

- March 13, 2025

Carpenters, Electricians and steel workers all have two things in common: they are in the construction industry and they can be dangerous. Many workers in this industry know that there are many hazard... Read More

Why it’s important to take extra care when driving while pregnant

- March 13, 2025

There are number of things that doctors recommend pregnant women not to do: drink more than one cup of coffee per day, eat sushi, take a break in the sauna and drink alcohol. But what about driving? A... Read More

What can you do if a dialysis treatment leads to wrongful death?

- March 13, 2025

 If you or someone you know is struggling with kidney disease or failure, you are likely familiar with dialysis, a treatment that performs similar functions of the kidney. This treatment is commo... Read More

Useful tips to enjoy your next Barbecue safely

- March 13, 2025

Many of us associate summertime with being outside. We hang out on the beach. We take our bicycles out of hibernation. We even eat outside. Barbecues are a popular summer pastime across the cou... Read More

Driving & Cell Phones, what is legal and what’s not…

- March 13, 2025

Smartphones have taken over our lives. Whether you're walking through Manhattan or Queens, you're likely to find people plodding down the street, eyes glued to their devices. Our need for constant con... Read More

Tips For Safe Cycling in New York City

- March 13, 2025

New York has the heaviest bicycle traffic of any city in the country. If you're speeding down the road alongside motor vehicles weighing a couple tons each, a collision could devastate your life. It's... Read More

Inadvertent harmful behavior while on Ambien? Seek an expert attorney

- March 13, 2025

Earlier this summer, nationally renowned comedian Roseanne Barr’s hit television sitcom was cancelled after she posted racist comments on Twitter. She later blamed her behavior on having taken the pop... Read More

This Fourth of July, Play with Fireworks, But Not Your Life.

- March 13, 2025

Nothing says "Fourth of July" quite like pyrotechnics in the night sky. Maybe you and your friends head out to watch the professional fireworks show over the East River. Maybe you watch the Washington... Read More

Five Key Aspects of Crane Safety

- March 13, 2025

No matter where you go in New York, you are likely to see a crane standing out in the skyline. While they’re an everyday occurrence, cranes are constantly moving. The crane you see today is likely to ... Read More

When a gym may be liable for a member’s injuries

- March 13, 2025

Many New Yorkers regularly use gyms to improve their health and better their lives. When a person sustains an injury at the gym, there may be some confusion as to who is held accountable for it. That ... Read More

3 Safety Tips For Riding Your Motorcycle In The Summer

- March 13, 2025

The summer has finally arrived and along with it, motorcycle season. After suffering through a seemingly endless winter, you may be anxious to take the hog out and hit the highway. But on these scorch... Read More

Where You’re Injured Matters: Premise Liability in New York

- March 13, 2025

Accidents happen every day. It’s something you can’t predict, but it is something that you can plan for. Knowing the laws and your rights if you’re injured on someone else’s property is one of the bes... Read More

Faulty Scaffolding Can Pose A Threat To Construction Workers

- March 13, 2025

Construction work can be incredibly hazardous. Every day, construction workers face situations that most employees will never experience in their lives: Operating heavy machinery, using dangerous tool... Read More

How Drive-Through Fast Food Can Lead To A Driving Disaster

- March 13, 2025

You're headed upstate to visit your parents. It took you longer than expected to get out of the city, and now it's dinner time. You pull over at a drive-through restaurant and order yourself a taco. M... Read More

Three Reasons Not To Wear Headphones While Cycling

- March 13, 2025

Cycling in the road can be dangerous — particularly in New York City. With heavy motor vehicle traffic plus a virtually constant stream of cyclists and pedestrians, there's a lot to pay attention to i... Read More

How New York City Is Combating Hit And Runs

- March 13, 2025

New York is a crowded city. In addition to its heavy motor vehicle traffic, it also boasts some of the highest bicyclists and pedestrian densities in the country. This creates a situation in which the... Read More

Magician David Copperfield Sued For Negligence

- March 13, 2025

World renowned magician David Copperfield is facing civil charges after an audience member who was brought on stage to participate in Copperfield's act was severely injured. The plaintiff alleges that... Read More

Join The Campaign To Prevent Construction Falls: May 7-11

- March 13, 2025

Working in construction comes with a lot of risks. Even if you're an experienced professional, spending your days balancing on a roof, scaffold or ladder is an inherently dangerous business, and no on... Read More

Can An Airline Be Held Liable If Your Pet Is Injured On A Plane?

- March 13, 2025

People are traveling by plane more and more these days, often taking their pets with them. However, taking your cat or dog on an airplane doesn't guarantee them a safe ride. There is a risk that your ... Read More

Faulty Scaffolds and Worker Injuries

- March 13, 2025

As a work platform, scaffolding makes all kinds of construction work possible. Though built for temporary use, scaffolding needs to safely support workers and their equipment while they are elevated. ... Read More

What happens if a car hits me when I’m not wearing a seat belt?

- March 13, 2025

You're driving home after a long day of work. Out of nowhere, the SUV next to you swerves into your lane and plows into the side of your car, forcing you to spin out into the shoulder. Your car is tot... Read More

Walking Around NYC? Follow These Tips To Help Avoid An Accident

- March 13, 2025

More than any other city in the U.S., New York is a place where people walk to get around. The sheer number of pedestrians, combined with the large number of motor vehicles and cyclists almost everywh... Read More

If Your Child Is Injured At School, Can You Sue?

- March 13, 2025

When you drop your child off at school in the morning, you want to be sure they're going to be safe and protected all day. Of course, there's never any guarantee of that. Nonetheless, there are certai... Read More

Three Things To Know Before Filing A Wrongful Death Claim

- March 13, 2025

Tragedy happens all around us. A plane crashes. A doctor fails to diagnose a patient's terminal illness. An employee is exposed to poisonous chemicals in the workplace. A bank robber shoots a security... Read More

Opioid Makers Are Targeted In Large-Scale Litigation

- March 13, 2025

Last October, President Trump declared the opioid epidemic to be a public health emergency. Since that time, around 250 lawsuits have sprung up against opioid makers, wholesalers, distributors and mar... Read More

Falls Become Focus of Construction Industry Safety Campaign

- March 13, 2025

Falls account for one-third of on-the-job injuries, according to a report from the National Institute of Occupational Safety and Health (NIOSH). In the construction industry, falls from roofs, ladders... Read More

If A Trespasser Is Injured On Your Property, Can You Be Liable?

- March 13, 2025

As a property owner, you have a duty to provide a safe environment for people who enter your property. This is an area of law known as premises liability. When certain categories of people (invitees o... Read More

NY Changes Statute Of Limitations For Cancer Misdiagnosis Cases

- March 13, 2025

In 2010, Bronx resident Lavern Wilkinson went to the doctor with pain in her chest. The doctors took an X-ray but failed to diagnose the two-centimeter tumor on her right lung as cancer. Two year... Read More

Accident Liability To Driverless Cars

- March 13, 2025

Vehicles are becoming more and more complex. Automated features are increasingly being added to cars, pushing us closer to the era of wholly autonomous vehicles. But what do these advances mean for li... Read More

AAA Study: Phone Use Dramatically Increases Crash Risks

- March 13, 2025

When you drive around New York City, you see them all over: drivers talking on their phones. While some of them might not be aware of the mountains of evidence that proves that distracted driving caus... Read More

High health risks for pregnant women in the U.S.

- March 13, 2025

In the entire developed world, the U.S. has the highest rate of maternal mortality. According to a year-long investigation conducted by National Public Radio and ProPublica, between 700 and 900 Americ... Read More

How do you prove a medical malpractice?

- March 13, 2025

The question posed in our title might seem like an obvious one, as if a medical malpractice case should speak for itself. And actually, that is one of the answers to the question. "Res ipsa" is a lega... Read More

Shopping carts pose injury risk to kids

- March 13, 2025

Most parents in New York consider the grocery store a relatively safe place for their kids. However, each year numerous children are injured by shopping carts, and these injuries can be severe in many... Read More

What are the consequences of distracted driving?

- March 13, 2025

While many drivers are aware of how dangerous it is to operate a vehicle after consuming alcohol, many forget about how risky it is to drive with distractions. Sadly, distracted driving can be just as... Read More

How landlords can prevent slip-and-fall accidents

- March 13, 2025

Being a property owner in New York comes with many responsibilities. If someone decides to also take on the role of landlord, there may be a need for more active maintenance. This is because there is ... Read More

Stocking your vehicle for winter safety

- March 13, 2025

Many New Yorkers travel during the holiday season. Rather than staying in the heart of the city, they opt to visit friends and family all over New England and the rest of the nation. If you will be tr... Read More

Undocumented Workers Have Rights When It Comes To Injury Claims

- March 13, 2025

The continued boom in construction in New York City has contractors scrambling to get enough laborers. In 2016, The New York Times reported that many construction companies make use of undoc... Read More

How safe are safety harnesses at construction sites?

- March 13, 2025

Construction is a dangerous line of work. Although true anywhere, it is hard to argue that the risks are much greater when working the skyline of New York — these buildings are giants, and with their ... Read More

Before you take me out to the ballgame…

- March 13, 2025

With this year’s World Series well underway, all eyes are on baseball. The American pastime can be a great spectator sport, but watching the game in person doesn’t come without its risks. Recently, a ... Read More

Understanding Your Rights Following Construction Site Accidents

- March 13, 2025

New York City Mayor Bill de Blasio recently approved legislation that will require tens of thousands of construction workers to complete a minimum of 40 hours of training. Officials say the law is in ... Read More

Is a personal trainer responsible for an injury at the gym?

- March 13, 2025

According to the International Health, Racquetball & Sportsclub Association, more than 50 million Americans have gym memberships. Gyms allow you as a member certain privileges such as access to a ... Read More

Tiny Gestures Bring Smiles to Small Waters in the Rockaways

- March 13, 2025

Contact: Arletis Garcia | [email protected] | (212) 224-0140 Smiley & Smiley LLP and Bear Givers team up and head for the Far Rockaways on Saturday, March 9th. Attorneys from the... Read More

Applying the attractive nuisance doctrine to a liability case

- March 13, 2025

As your kids seek out new activities to enjoy during the summer in New York City, they may encounter potential dangers that they do not immediately pick up on. Many of our past clients here at Smiley ... Read More

Wall collapse at construction site leads to criminal charges

- March 13, 2025

New York residents who work in the construction industry put their lives at risk every day that they show up for work. With that in mind, workers should be able to rely on the honesty and goodwill of ... Read More

Bill aims to make catching distracted drivers easier

- March 13, 2025

Over the last several years, cell phones have become a huge part of the lives of most people in New York. The temptation to chat with friends, check work emails and post on social media can be too muc... Read More

Andrew Smiley to serve as organization President

- March 13, 2025

Smiley & Smiley, LLP Attorneys at Law are proud to announce that partner Andrew J. Smiley has been elected to serve as the President of the New York State Academy of Trial Lawyers. The Academy is ... Read More

Defensive driving techniques all drivers should know

- March 13, 2025

Driving in New York can be a challenge. The traffic gets rather heavy and hazards are everywhere. Drivers can make things easier on themselves by learning defensive driving techniques. According to Sa... Read More

What is product liability?

- March 13, 2025

When you buy a product, you expect that it will work properly and pose no risks to you when you use it as directed. Sometimes, though, products are produced that are defective. When used as directed, ... Read More

Common medical mistakes health care workers make

- March 13, 2025

One reason why so many New Yorkers fear going to see their doctors is the growing number of medical malpractice claims they hear about every day. Health care professionals are expected to maintain and... Read More

When to seek a second medical opinion

- March 13, 2025

When you visit your doctor in New York, you probably trust that he or she has your best interests at heart, and that this professional will offer sound advice based on years of education and practice.... Read More

Injuries from unseen dangers

- March 13, 2025

When you work on a New York construction site, safety is a top priority. However, accidents can easily occur, and those which result from falling into a hole on the site can have serious ramifications... Read More

Why are older people more susceptible to slip-and-fall accidents?

- March 13, 2025

As a senior living in New York, you face the risk of falling down every day. Granted, the same could be said for all state residents, but there are a number of age-related factors that place you at hi... Read More

What are the risks of driving at night?

- March 13, 2025

After the sun sets in New York, many people are still on the road, running errands, traveling home from work or driving to meet with friends. You may not think about how your risk of being killed in a... Read More

Children and lead exposure is not a problem of the past

- March 13, 2025

For numerous New Yorkers, concerns about residential lead exposure are rare or nonexistent. This may be because people believe that lead poisoning is an old problem that was rectified some time ago. H... Read More

The risks you may face as a hotel guest

- March 13, 2025

New York is a city with a seemingly countless number of hotels. While these businesses undoubtedly work to keep their guests free from harm, there are instances when negligence occurs. This may create... Read More

How can you protect yourself against a misdiagnosis?

- March 13, 2025

In New York, you have access to some of the best physicians in the country. However, when you become a patient, you may be faced with a situation where you are at risk for a misdiagnosis of an ailment... Read More

Understanding common birth injuries: part II

- March 13, 2025

When New York parents are expecting, it may be beneficial for them to understand the risks that are involved in the childbirth process. As was mentioned in last week’s post, there is a possibility tha... Read More

Understanding common birth injuries: part I

- March 13, 2025

When you are expecting a child, you assume that the care you are receiving from your New York medical team is in the best interest of you and your baby. Unfortunately, in some situations, a birth inju... Read More

Is your job exposing you to lead?

- March 13, 2025

There are some New Yorkers who believe lead poisoning is a concern of the past. However, if you work in the construction industry, you may know that this is not the case. In fact, you might even be co... Read More

Recognizing and reducing the cost of traumatic brain injuries

- March 13, 2025

Many New Yorkers might find themselves involved in serious car accidents. Sadly, becoming the victim of a vehicle collision can result in brain injuries that have long-lasting effects. These traumatic... Read More

What is the concern over New York’s hit-and-run laws?

- March 13, 2025

Due to the many hit-and-run collisions that have recently transpired around New York City, many safety advocates and government officials have become gravely concerned. The overarching opinion: There ... Read More

Materials handling injury: a prevalent, but preventable problem

- March 13, 2025

The construction industry is essential to the New York economy, as it employs thousands of people. Unfortunately, in some situations, workers find themselves retiring early due to injuries. One such i... Read More

Moving into unchartered territory with self-driving car

- March 13, 2025

In New York and elsewhere, government agencies and safety advocates continuously work to protect the lives of citizens during road travel.This includes monitoring and regulating the various means of t... Read More

Medication mistakes: a common diagnostic error

- March 13, 2025

New York physicians have many different kinds of treatments at their disposal. In some situations, diagnostic errors may occur and cause serious injury to patients. One of the most common mistakes inv... Read More

Defensive medicine: an expensive and unnecessary approach

- March 13, 2025

Physicians in New York work hard to provide quality care to their patients. However, when a doctor performs or suggests unnecessary tests or procedures, he or she may be involved in defensive medical ... Read More

Avoiding possible negligence caused by long ER wait times

- March 13, 2025

When New Yorkers suffer certain injuries or illnesses, they sometimes need to seek immediate care. This may require a visit to the emergency room. However, in some situations, a long wait may exacerba... Read More

Diagnostic errors are a real and serious problem

- March 13, 2025

illions of New Yorkers seek medical assistance every year, and they do so with the assumption that they will receive effective treatment. This is not always the case, however. There is the p... Read More

The impaired driving problem and what is being done about it

- March 13, 2025

In New York and other states, there have been efforts to fight against impaired driving. However, there are still instances of people driving under the influence that occur regularly. Given this ... Read More

The reasons parents need to keep informed about car seats

- March 13, 2025

New Yorkers who become new parents often have the task of researching child safety products, and one of the most critical items to think about is the car seat. Staying informed about car seat issues a... Read More

Fighting a common never event: retained surgical sponges

- March 13, 2025

As was revealed in last week's post, there has been an effort to reduce the number of never events caused by health care providers in New York and elsewhere. In order to examine the issue in more deta... Read More

Never events: the disastrous but preventable health threats

- March 13, 2025

On behalf of Smiley & Smiley, LLP posted in Medical Malpractice on Wednesday, November 2, 2016. New York patients that are seeking medical treatment can reasonably assume that they will receive... Read More

Scaffolding Requirements in Place to Prevent Accidents

- March 13, 2025

On many jobsites across New York City, you will likely see a temporary, skeletal structure inside or outside a building under construction. This is scaffolding and if you do not work in the constructi... Read More

We know it’s wrong, so why do we still drive while distracted?

- March 13, 2025

As much as we would like to deny it, many of us have been driving and have found the urge to check our phones irresistible. We hear the alert that we have a new text or see a notification that someone... Read More

Woman gets $4.25 million in medical malpractice case

- March 13, 2025

On behalf of Smiley & Smiley, LLP posted in Medical Malpractice on Friday, September 9, 2016. Having a baby is one of the most life-changing experiences a person can go through. It can also be ... Read More

What are NY motorists expected to do around road construction?

- March 13, 2025

On behalf of Smiley & Smiley, LLP posted in Construction Accidents on Tuesday, September 13, 2016. When people think of construction projects in New York, they often think of the work that is c... Read More

Tackling defenses to defective product claims

- March 13, 2025

On behalf of Smiley & Smiley, LLP posted in Defective Products on Thursday, September 22, 2016. When you suffer a serious injury, you know that you need help. You also know the extent to which ... Read More

Technology to help businesses prevent shootings

- March 13, 2025

On behalf of Smiley & Smiley, LLP posted in Premises Liability on Thursday, September 29, 2016. Despite the recent events that has New York on high alert, New Yorkers must still continue with t... Read More

Tips for sharing the road with large tractor trailers

- March 13, 2025

On behalf of Smiley & Smiley, LLP posted in Car Accidents on Wednesday, October 5, 2016. It is not rare to come across a commercial vehicle when traveling on New York's streets and highways. Un... Read More

Protecting temporary workers in the construction industry

- March 13, 2025

On behalf of Smiley & Smiley, LLP posted in Construction Accidents on Thursday, October 13, 2016. The nature of construction work is such that temporary workers may be exposed to a number of da... Read More

Understanding the responsibility of landlords to protect tenants

- March 13, 2025

While occupying rental properties, New York tenants are afforded certain protections when it comes to safety. To be safeguarded against potentially dangerous situations that may be the result of a neg... Read More

Contact Us

Get In Touch

Request Your Free Consultation

Tell Us About Your Case

"*" indicates required fields

This field is for validation purposes and should be left unchanged.