INJURY LAW BLOG

Relevant & Important Information About Personal Injury Law So You Can Be In The Know

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

 

SF- Serious Injuries

READ MORE

The Importance of Proper Car Insurance in 2020

 

The Importance of Proper Car Insurance in 2020

 

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 is priced that way because it doesn't offer the full range of coverage that you need. In years prior, cars weren't as advanced as they are today, and these advancements in auto technology have changed the standards for car insurance. We'll outline two critical factors to consider when shopping for insurance, beginning with the degree of coverage.

READ MORE

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

 

car accident in NYC

 

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

SMILEY_WK36_SAT

 

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, or even death.

READ MORE

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

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

 

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?

 

injured-young-man-with-arm-support-K6XMZ4D

 

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 job is to support and guide civilians through various legal processes. If you are looking for legal guidance after an injury, here are three ways an injury lawyer can help. 

READ MORE

Injured By Flying Snow/Ice From A Vehicle?

Injured By Flying Snow/Ice From A Vehicle?

TNJ2JSLTPFA6NPGVC7SB7HI2OY

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, a 40-year-old Newton man, was traveling northbound in a 2019 Dodge 1500 pickup truck on Route 3, south of Exit 26, in Burlington around 11:30 a.m. Thursday when ice hit his vehicle, slamming into his face, officials said. (Photo Courtesy of MASSACHUSETTS STATE POLICE)

Can It Happen Where I live?

If you are in an area that has snow and ice in the winter, you may see ice falling off of moving cars as people go about their daily business. Many people will just scrape enough ice off their cars to allow them to see through the windows, not bothering to clean the ice off the rest of their cars. This is especially common on larger trucks and buses, where reaching the roof to remove the snow and ice can be difficult.


The big chunks of ice left behind, especially on the roofs, will begin falling and they can end up hitting other cars on the road or pedestrians, causing property damage, injury, or even death.

What To Do If It Does Happen To You

If you are struck by flying ice, try to get the license plate number, or if it came from a large truck, the company name. Oftentimes, the driver is unaware that they have just caused this. If you can, try to get the driver’s attention, and exchange insurance information with them.


The next thing to do is call 911, even if your injuries do not seem that bad. This is important because it gives a detailed record of your injuries, and damage to your vehicle if you were driving. The police can also help track down the driver of the vehicle the ice came from if you were not able to flag them down. A police report is an important part of an insurance claim, or a personal injury lawsuit if it comes to that, so getting that even if you are not sure if it is really necessary, can be vital to any legal action you take.


Document everything with photos, all of your injuries, along with all of the damages to the car. If any witnesses stop, make sure to get their contact information for any insurance claims or if you end up suing the driver of the other car.

  •  

We Are Here To Help

If you have suffered injury caused by flying snow and ice, and would like to seek legal advice, then please just click here to contact us.

READ MORE

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

writing a check

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 will cost you. The truth is, there is no definite amount that lawyers charge. This is mainly because of several factors and special exceptions that dictate the cost of an attorney.

READ MORE

Seeking Damages From an MTA Bus Accident?

Accidents on an MTA Bus

MTA Bus NYC

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 494 accidents reported, 207 of them were the result of what was described as "throwing movements." 207 may not seem like a lot, but to the injured passenger, or their family if the passenger dies as a result of the accident, it is one too many. If it happens to you, you may be due compensation for your injuries, pain and suffering, medical expenses, and lost income. To collect damages you must follow MTA rules and guidelines.

Is the MTA Liable?

This is the question MTA attorneys will ask. Even if the answer is "yes," their goal will be to minimize any compensation. Basically, for the MTA to be held liable, two critical elements must be satisfied:

  1. A Notice of Claim must be received within 90 days of the incident.
  2. The notice must show that either the MTA was negligent or the driver was negligent by not following MTA policy.

After receiving the Notice, the MTA has 30 days to respond. There will be a hearing. If the matter goes to court, the injured party has one year and 90 days to file a lawsuit. If the passenger died as a result of the injuries, the family has two years to file suit.

The Notice of Claim

It is always a good thing to remain at the scene of the accident and to ask for witnesses to support your claim. It may be difficult to prove a particular driver on a particular bus caused the injury, if you get off and walk away. Take detailed notes describing the facts of the matter, including the driver's id. The notice must include the following:

  • 1. Your full name and contact details.
  • 2. The deceased victim's details, if appropriate, and your relationship to the victim.
  • 3. Your attorney's contact details if you appropriate.
  • 4. Date, time, and location of the accident.
  • 5. Injuries and damages you suffered as a direct result of the accident.
  • 6. Other relevant circumstances surrounding the incident.
  •  

Proving Your Claim

Nothing is simple or straightforward when it comes to matters of law. The MTA's attorney will be looking for missing information or anything unclear that can be used to your disadvantage. You must show that:

  • - The MTA had a duty to protect you as a passenger. (E.g. if the driver was off-duty, then he or she was not in the employ of the MTA at the time.)
  • - The MTA breached its duty in some way. (E.g. the driver had not completed their training, so should not have been driving.)
  • - Your injury was a direct result of the breach of duty, or
  • - Your injury was a direct result of the driver's negligent actions.
  • - Your injury resulted in your suffering damages (medical expenses, lost income, etc.) so you are entitled to compensation.
  •  

Summary Comment

In a nutshell, you are entitled to damages if you suffer injury because either the MTA or a driver is at fault. To receive the damages you must meet MTA Notice of Claim standards, and you must have enough supporting evidence to prove your claim is fair. The MTA will be represented by an experienced attorney, so it makes sense that you are.

If you have suffered injury while getting on, traveling on, or getting off an MTA bus, and would like to seek legal advice, then please just click here to contact us.

READ MORE

How to Handle a Valid Insurance Claim Denial

Insurance Claim Denial

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 construction site. Whatever the cause, you may be entitled to compensation and damages. There are basic procedures to follow when submitting a valid claim, and the insurance company must also follow certain procedures when they receive a claim. Despite everything, insurance claim denial happens, but you also have options.

Insurance Claim Denial

There are some obvious and sensible steps to take if you receive written notification that your insurance claim has been denied. Your initial response may be anything from anger to disappointment, or deciding to just "throw in the towel." The best thing to do is to study the denial and decide what practical steps to take.

  • - New York State has laws and standards in place that both you the claimant, and the insurance company must adhere to, so if your claim has been denied, the insurance company must give you a reason.
  • - Even though the insurance company hires professionals to handle claims, everyone is human, and humans can make mistakes. It is also possible, but unlikely, that the insurance company is acting in bad faith, and just hoping that a denial will make your claim disappear.
  • - Decide where you believe they are at fault in denying your claim.
  • - Contact the insurance company in writing, keep a record of all communications, explaining why you believe they are "mistaken." Submit as much supporting documentation as possible. Highlight pertinent parts of the material you send. If they missed something and denied your claim, make it easy for the insurance company to see its own error.
  • - If that fails to get your claim approved, consider appealing their decision to the New York State Insurance Commissioner.
  • - Inform the insurance company that you are filing an appeal. Your goal is to have your claim approved. If the company made an honest mistake or even if they attempted to pressure you by incorrectly denying your claim, the threat of appealing to the Commissioner may be enough to get them to reopen your claim.
  • - Decide if you should also file a lawsuit against the company for, for example, bad faith and/or violating New York's insurance code by not working to legal standards, or simple breach of contract.

 

If it is a Workers' Compensation Claim

If your workers' comp claim is denied, the company will issue a "notice of controversy" and file it with the Workers' Compensation Board for review. Either party may appeal the review decision, and it will go to a separate review panel for further consideration. If you disagree with the second review, you may decide to make an appeal to the Appellate Division of New York's Supreme Court.

The Takeaway

Injury claims may run smoothly or they may not. If you, the claimant, are dissatisfied with how your valid claim is handled, you have options. The legal standards are complex, but we hope these basic guidelines will help you understand the steps. While you may decide to handle everything yourself, you may also choose to seek legal advice on what to do and how to do it. Simply click here to contact us so we can arrange a free, initial discussion.

READ MORE
CONTACT US
To learn about our settlements, verdicts and case results, click below:
CLICK HERE

Subscribe To Newsletter

RECENT POSTS

POPUAR TAGS

see all