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When individuals contact our firm — Newman, Anzalone & Newman, LLP — one of the first questions they ask is how long it will take for their cases to be resolved.
We know that our clients want their cases resolved as quickly as possible. However, with more than 35 years of experience handling personal injury claims, we also know that achieving the results our clients deserve takes time. Our firm is based in Queens, and we represent accident victims throughout New York City.
To learn more about how long your case will take, call 718-896-2700 to schedule a free, one-on-one consultation with one of our experienced attorneys.
What Factors Influence How Long A Personal Injury Case Will Take?
There is no set time frame for how long a case will take. Instead, the time frame for a personal injury case is based on several factors, including:
In general, taking a case to trial can make the process longer. However, in some situations, going to court is the only way to help our clients receive the full and fair compensation they need. In every case, our aggressive lawyers don't stop working until they have received a strong outcome.
We Will Take Care Of You
If you were injured in an accident that was caused by another person's negligence, you have already been the victim once. Don't be victimized again by choosing the wrong lawyer.
When you contact our firm, we will make sure you are taken care of.
Learn more about the superior counsel and service we provide clients at every step of the process by scheduling a free consultation. Complete our online form or call 718-896-2700 to find the answers you need.
What Happens After A Client Contacts The Firm?
When you contact Newman, Anzalone & Newman, LLP, after an accident, our attorneys will guide you through the legal process and provide the superior counsel you need at every step. Since 1978, we have been providing individuals in Queens and throughout New York City with the guidance they need after an accident.
After an accident, you should:
After you have contacted our firm, we will:
How Is Newman, Anzalone & Newman Different Than Other Law Firms?
Unlike some firms that churn through clients as quickly as possible, at Newman, Anzalone & Newman, LLP, we care about our clients, and we are committed to providing them with the counsel they need. This means we always provide our clients with honest assessments of their cases.
We tell you what you need to know, not what you want to hear.
We provide each client with an honest assessment of his or her situation. We educate clients about the strengths and weaknesses of their cases, and if clients have unrealistic expectations, we address that upfront. We work for you. We will give you our knowledge.
Our Door Is Always Open
Contacting our firm through our online contact form or by calling 718-896-2700 can provide the additional answers you need. We are available 24/7 for free initial consultations. Our lawyers take the legal burden from you, so you can focus on getting well.
At Newman, Anzalone & Newman, LLP, we have been guiding individuals in Queens and throughout New York City through the process for filing car accident claims since 1978. We know how overwhelming the weeks and months after an accident can be, and we are here to provide the counsel and guidance you need.
During our free initial consultation, we discuss all the questions our clients have about what happens after you contact our firm, how long it takes to file a claim, and how much your case is worth. We are here to provide the answers you need, and we welcome other questions about the personal injury process.
Steps To Take After A Car Accident
The steps you take after your accident can be vital in building a strong case and helping you receive the compensation to which you are entitled. If you suffered injuries in an accident that was caused by another person's negligence, you should:
We Are Here To Make The Process Easy For You
When individuals contact our firm, we work closely with them to provide the answers they need at every step of the process. We work together, as a team, to provide the superior representation and service you need.
Our goal is to make the process as easy for you as possible.
We can take the legal burden from you, so you can focus on getting well. We guarantee there is no fee unless we are successful. Learn more about the counsel our lawyers provide by scheduling a free consultation. We can be reached through our contact form or by calling 718-896-2700.
New York City Lawyers Representing Car Accident Victims
Car crashes and other types of accidents can result in catastrophic injuries or even death. Often, people who survive accidents with serious injuries are left with huge medical bills and are not able to work. They may live with tremendous pain and suffering, unable to do basic things like cleaning their house or picking up their children. Sometimes, however, an accident victim is also partly to blame. If you were in a car accident, you may have questions such as whether you can sue the other driver even though you partly caused the accident, among other things. Our New York City car accident lawyers are here to help answer these questions for you.
Can I Sue If I Partly Caused the Accident?
New York follows the doctrine of pure comparative negligence. That means that your recovery will not be barred, but it can be reduced in an amount proportionate to your percentage of fault for the accident. For example, if you were excessively speeding, and another driver rolled through a stop sign, you may share some liability for the resulting accident. If the jury determines that the damages are $100,000, and you are 50% at fault, while the other driver is 50% at fault, you can recover $50,000.
For another example, if you were texting, and you did not see when a drunk driver drifted into your lane, you may both have some responsibility for the resulting accident. If your damages are $200,000, and you are 20% responsible, while the drunk driver is 80% responsible, you will only be able to recover 80% of $200,000 from the drunk driver, or $160,000.
What Should I Do If the Other Driver Doesn't Have Insurance?
Your ability to collect damages from a driver responsible for your injuries is usually dependent on their having insurance. However, some drivers have no automobile insurance or have insufficient insurance. In that case, your lawyer may need to make a claim against your uninsured or underinsured motorist coverage. This coverage provides that if somebody covered by the policy is injured due to the negligence or recklessness of the driver of another vehicle, and that other driver does not have liability insurance, the policyholder's insurer will stand in the shoes of the other driver and pay the insured's damages. There is also underinsured coverage, which applies when another driver has some coverage but not enough to pay the full amount of damages. Uninsured motorist coverage also applies if you are injured in a hit and run accident.
How Long Do I Have to Sue After a Car Accident?
In New York, the amount of time that you have to sue after an accident depends on whether the accident physically injures you or killed a loved one. Anybody injured in a car crash, whether that person is a driver, a passenger, or a pedestrian, has only three years from the date of the accident to sue the party or parties at fault. However, if a loved one is killed in a car accident, a different timeline applies to the wrongful death lawsuit. Family members or a personal representative of the decedent's estate have two years from the date of the death (rather than the date of the accident) to sue for damages. The statute of limitations period is very important. If you try to file a lawsuit after the statute of limitations has run, the court will not hear your case.
Hire a Skillful Car Crash Attorney in the New York City Area
After a car accident, you may not be entirely certain about who caused the accident and whether you contributed to it. You may be worried about whether the other driver has sufficient coverage to address all of the harm done to you. If you are seriously injured in a New York City accident and are concerned about such issues as whether you can sue if you partly caused the accident, it is vital to consult an experienced and knowledgeable personal injury lawyer as soon as possible. Although you have some time before the statute of limitations runs out, it can be important to collect evidence of an accident immediately. Newman, Anzalone & Newman, LLP provides dedicated legal representation in car accident lawsuits. We represent people in Queens, the Bronx, Manhattan, Brooklyn, and Long Island. Contact us at 718-896-2700 or via our online form.
Car Accident Lawyers Helping Victims in New York City
In the aftermath of a car accident that causes serious injuries, you may be concerned about mounting medical bills and the need to take time off from work. Unfortunately, personal injury cases can take longer than plaintiffs would prefer. However, this ultimately may work in the interests of justice because the injuries that you experience in a car accident may be better understood after a year has passed. At Newman, Anzalone & Newman, LLP, our experienced New York City car accident attorneys may be able to advise you if you are concerned about how long your personal injury case will take.
How Long Will My Personal Injury Case Take?
There is no specific time frame for how precisely how long a case will take, but there are a number of factors that can influence the speed with which a case is resolved. Among the factors that can affect the time frame are the insurance company and adjuster involved on behalf of the defendant, the kinds of injuries that you suffered and how long they typically take to heal, whether there are likely to be future surgeries or other procedures necessary, and the complexity of the case.
Most cases settle. However, it is unwise to accept an early settlement offer from the defendant's insurer without consulting an attorney because in many cases, the offer will be lower than what you deserve and will not take into account the possibility that the injuries are worse than they initially appear. Going to trial usually makes the process longer. When we take a case to trial, we will need to go through an extensive discovery period, including an exchange of written discovery as well as taking depositions of percipient and expert witnesses.
In some cases, it will be necessary to retain an accident reconstruction expert, who will need some time to do his work. In catastrophic injury cases, it may be necessary to retain medical experts and economists.
How Much Will My Personal Injury Case Cost?
Our firm represents clients on a contingency basis. That means that you will not need to pay attorney fees or costs until and unless we recover damages on your behalf. We screen cases very carefully so that we only take cases in which we have a reasonable chance of winning a settlement or verdict. We bear the upfront fees and the costs of a personal injury case with the expectation that we will be able to recoup these fees and costs from a settlement or verdict. Our compensation is a percentage of the recovery either from a settlement or a verdict.
Generally, a personal injury case can involve a wide range of fees and costs, including attorneys' fees, expert fees, accident reconstruction costs, filing fees, administrative expenses, deposition costs, costs of information gathering and investigation, and miscellaneous court costs. A fee is an amount charged by an attorney or expert to handle a case. Aside from attorneys' fees, the greatest expenses are expert fees. Experts can charge hundreds of dollars an hour to review evidence, depositions, and other materials, develop opinions, prepare an expert report, and testify at trial. Many personal injury lawsuits require one or more experts to be retained. When there is a serious injury such as a traumatic brain injury, for example, we may need to present an expert's testimony regarding technical information about the nature of the injuries and the future treatment costs about which the jury would need to know to understand the damages. Some personal injury cases become battles of the experts.
Hire a Knowledgeable Car Accident Attorney in New York City
Plaintiffs can become impatient with how much time it takes to recover damages, but there are some significant factors that can lengthen the time that it takes to obtain an appropriate settlement or verdict. Many insurers are more concerned with profits than justice, and in order to hold the defendant responsible for all that you are entitled to receive, it can take time to build a strong and persuasive case. If you are seriously injured in a New York City car accident, and you are worried about how long your personal injury case will take or cost, it is vital to talk to an experienced personal injury lawyer. Newman, Anzalone & Newman, LLP provides vigorous legal representation to car accident claimants. We represent victims in Queens, the Bronx, Manhattan, Brooklyn, and Long Island. Call us at 718-896-2700 or complete our online form.
New York City Lawyers for Motor Vehicle Collision Victims
Car accidents can lead to devastating injuries or even death. Injuries can include broken bones, traumatic brain injuries, spinal cord damage, internal organ damage, scars, disfigurement, skull fractures, vision loss, and paralysis. If your injuries are catastrophic, your life may never be the same, and you may need to retain an experienced attorney. It is important to choose a car accident attorney whom you can trust. The New York City car accident lawyers at Newman, Anzalone & Newman, LLP may be able to help you understand how to make this choice.
How Should I Choose a Car Accident Attorney?
It is critical to retain an attorney who has a thriving personal injury practice. Personal injury law in New York is a complicated area of law. Often, skilled personal injury attorneys are known by insurers. When insurers know that an attorney's reputation is strong and that he or she knows the law and knows how to try cases, the insurer may make better settlement offers and is less likely to gamble with taking a case to trial.
Most lawsuits settle, and many civil lawyers never take a case to trial. Personal injury attorneys who do take cases to trial set themselves apart. In addition to understanding the law, they understand trial work. Trials are extremely challenging. Trial lawyers understand what is likely to work when presenting a case to a judge and a jury. They are careful about the cases that they accept because they know that they will not get paid unless you have a valid claim and there is strong evidence in your favor.
A good trial lawyer has a history of high settlements and verdicts in a range of types of car accident cases, such as drunk driving accidents, reckless driving accidents, highway accidents, and distracted driving accidents. Accordingly, he or she will not pressure you to settle for less than what you deserve and can go up against an insurer with a lot of resources. An insurer who believes that your attorney is afraid to go to trial will only offer lowball settlements, knowing that it is likely that your attorney will cave and settle to avoid trial.
Appearances matter. A personal injury attorney who has obtained high settlements and verdicts usually has an office that looks prosperous and comfortable. A personal injury lawyer works on contingency fees and should have significant assets or a line of credit that will allow them to prepare your case properly. They should also have strong relationships with experts. Personal injury cases can require expert testimony from doctors, accident reconstruction specialists, economists, vocational rehabilitation specialists, and others. Expert fees in a case involving catastrophic injuries can be more than $100,000, and it is important to retain an attorney who is able to work with those kinds of figures.
You should hire an attorney who is well-respected by other personal injury lawyers. In some cases, this is reflected in an attorney's membership in trial lawyers associations. The nuances of personal injury law are constantly changing, and it is important to hire an attorney who keeps up with the latest developments and talks about them with other attorneys. Respect from other attorneys may also be reflected in whether or not an attorney writes or lectures in personal injury or trial law. A lawyer who is hired to teach or volunteers to teach others how to become good trial lawyers is likely respected by their peers and knows how to act in a courtroom.
Seek Guidance from a Car Accident Lawyer in New York City
Choosing a car accident attorney is a serious matter after a New York City car accident. If you sustained serious injuries or a loved one was killed in a car accident, it is vital to consult an experienced personal injury lawyer. Newman, Anzalone & Newman, LLP provides attentive legal representation in car accident lawsuits, ranging from rear-end collisions to head-on collisions. We represent people in Queens, the Bronx, Manhattan, Brooklyn, and Long Island. Call us at 718-896-2700 or contact us through our online form.
New York City Lawyers Fighting for the Rights of Victims
If you are involved in a car accident in New York City, you should get certain information from the other driver. The law requires you and the driver or drivers with whom you collided to stop your vehicles and share your insurance information before leaving the scene. When one or more drivers leaves the scene of an accident that produced property damage or injuries without stopping and following certain legal requirements, that driver can face significant consequences. Anyone who is injured probably will need to make an uninsured motorist claim. The New York City car accident lawyers at Newman, Anzalone & Newman, LLP may be able to help you with this process.
What Information Should I Get After a Car Accident?
After a car accident, you need to stop at the scene of the crash to exchange information or give reasonable assistance to anyone who may be injured. You should stop whether the collision occurred with another driver, a parked car, a pedestrian, or another piece of property. If you choose to leave the scene of an accident, you can be charged with a hit and run, and you may face fines and incarceration, as well as the loss of your driver's license.
You should exchange the following information with the other driver or drivers involved in the collision: your name, your driver's license number, the vehicle identification number of the car, the name and address of the car's owner, the name and address of your insurer, and the policy number.
In addition to this mandatory information, you may want to try to note down who owns the car, the names of passengers in the other car, and witnesses. You should also take photographs and sketch the position of the vehicles in relation to landmarks on the street if you can. You should note how busy the road is, anything unusual about the road or vehicles, and weather conditions such as rain or snow. You should not volunteer your opinion about who was at fault.
You should also call the New York City Police Department immediately if somebody has been injured or killed. An officer should come out to the scene to interview witnesses and look at the damage. A report will be prepared in which the likely cause of the accident will be determined. You should make sure that the investigating officer records complete insurance information for all of the drivers involved in the report.
What Happens if the Other Driver Leaves the Scene?
New York is a no-fault state. You need to carry minimum liability insurance of $25,000/50,000 for injuries and $50,000/100,000 for death. Moreover, you must also carry no-fault coverage to provide coverage for any injuries that you experience due to the accident. Your own insurer is supposed to pay up to a certain amount for your injuries. You will not be able to sue the other party for your injuries unless you experience serious injuries or reach a certain threshold of economic damages. Even if the other driver leaves the scene, as long as your injuries are minor, you should be able to recover medical expenses and wage loss from your own insurer.
In some cases, the police may be able to track down a hit and run driver. The other driver may be charged with a crime and can face a fine and jail time. If the driver is insured, and you meet the criteria for serious injuries or the threshold for damages, you can sue the driver. Your attorney will need to prove negligence in most cases. If the police are unable to locate the hit and run driver, you will need to file a claim against the uninsured motorist coverage on your policy.
Get Advice from a Dedicated New York City Attorney
If you are seriously injured in a New York City car accident, you should get the other driver's information immediately. It is also vital to consult an experienced and knowledgeable personal injury lawyer. Newman, Anzalone & Newman, LLP provides aggressive legal representation in car accident cases. We represent victims in Queens, the Bronx, Manhattan, Brooklyn, and Long Island. Call us at 718-896-2700 or complete our online form.
Motor Vehicle Collision Lawyers Serving the New York City Area
No lawyer can tell you precisely what your car accident case is worth. There is no set dollar amount for specific types of injuries or specific types of crashes. Some cases are worth only a few thousand, while others are worth millions. However, there are factors that can be examined to estimate the rough value of what your car accident case is worth. Our New York City car accident attorneys can discuss those factors with you and give you a sense of what to expect.
What Is My Car Accident Case Worth?
Factors to be considered when evaluating the worth of a car accident lawsuit include: (1) the types of injuries, (2) the severity and extent of the injuries, (3) how long it will take the victim to recover or whether it will be a permanent disability, (3) the other driver's actions, (4) your negligent actions if any, (5) the insurance coverage, (6) any dangerous property condition that could have contributed to the accident, and (7) vehicle defects that could have contributed to the accident.
New York follows a no-fault insurance system, which means that you will need to turn to your own insurance company for a certain amount of damages before suing another party for damages. You can only bring a lawsuit against someone else for damages arising out of a car accident if you have serious injuries as defined by New York law. Serious injuries include bone fractures, significant disfigurement, permanent disability, permanent organ damage, permanent impairment of a body part, and a substantial disability that lasts longer than 90 days.
It can take a full year to understand the extent of the harm caused by an accident. Medical expenses that you may face include emergency medical bills, medical treatment, physical therapy, and counseling. You may need vocational rehabilitation and assistance with household chores. For paralysis and traumatic brain injuries, you may need in-home nursing care. If you are permanently disabled, your home may need to be modified to accommodate your disability. You will likely need to get your vehicle replaced or repaired. Meanwhile, you may have lost wages. Assuming that you have a serious injury as defined by statute, or you meet the $50,000 threshold for economic loss, your lawyer should be able to recover these expenses and losses in the form of economic damages.
You may also have noneconomic or intangible harms. These can include mental anguish, physical pain and suffering, emotional pain and suffering, loss of consortium, and loss of enjoyment of activities. Noneconomic damages can vary dramatically. The jury will base this award on the intangible losses that it believes would naturally flow from the kinds of injuries that you suffered. There is no set monetary value for these damages, but they are often subject to formulas when you are negotiating with an at-fault driver's insurer. Sometimes a multiplier is used by insurers to arrive at the compensation for pain and suffering, and the multiplier will be based on jury award trends in that geographic area for that type and severity of injury.
The basis for the award may also be personal to a particular plaintiff. When testifying, plaintiffs can give the jury an impression of how much an accident harmed them. The attorney whom you choose can play a big role in the noneconomic damages that you are awarded. An experienced trial lawyer will be able to draw out all of the losses that you have suffered by using a variety of evidence to present your story in a compelling way.
After an accident, an insurance adjuster for the other driver may get in touch and offer you a settlement. In most cases, this is a lowball settlement meant to make the case go away. It is not necessarily fair, and it is usually offered even before you know what the full scope of your harm is. While an injury may seem minor initially, it can become clear further down the road that the harm is much worse than what was initially suspected. An initial offer might seem reasonable when you have missed no more than a week of work following a rear-end collision that seemed minor at the time, but it would not be acceptable if it turns out that you can no longer work in a job due to damage to your spinal cord that was not initially identified. You should consult an experienced attorney before talking to an insurer for the other party.
Discuss Your Injuries with a Car Accident Lawyer in New York City
If you are seriously injured in a New York City car accident, you may be wondering what your car accident case is worth. You should consult an experienced and knowledgeable personal injury lawyer as soon as possible. Although you have some time before the statute of limitations runs out, it can be important to collect evidence of an accident immediately after it happens. Newman, Anzalone & Newman, LLP provides vigorous legal representation in car accident lawsuits. We represent injured people in Queens, the Bronx, Manhattan, Brooklyn, and Long Island. Call us at 718-896-2700 or submit our online form.
New York City Lawyers Assisting Car Crash Victims
Mediation and arbitration are two alternative dispute resolution (ADR) processes in which you may need to participate after suing a negligent driver in a personal injury lawsuit. Most cases are resolved through a settlement facilitated by ADR. However, insurance adjusters know which trial lawyers have a strong history of winning at trial and may not offer as much as you deserve if you do not have an attorney whom they respect. Accordingly, representation by an experienced trial lawyer can help you get a more favorable settlement through ADR than representation by someone with no reputation as a trial lawyer. If you are wondering what the difference is between mediation and arbitration, you should consult the New York City car accident attorneys at Newman, Anzalone & Newman, LLP.
What Is the Difference Between Mediation and Arbitration?
Both mediation and arbitration are forms of ADR, in which the parties try to resolve their dispute through a forum other than court. Arbitration is an ADR process in which the parties agree that the arbitrator whom they selected will hear evidence and determine the result of the case by using a method similar to a judge's method in a courtroom. Usually, the parties in a car accident case do not have the power to force each other to go to arbitration, and attendance is voluntary. Often, the arbitrator is a retired judge or an experienced lawyer. Sometimes they are selected from an arbitration organization. It is important to choose someone with a reputation for fairness.
The arbitrator will determine liability, whether monetary damages should be awarded, and how much. The arbitrator has power that a mediator does not have. Although it is quite similar in its process to a trial, arbitration is significantly cheaper than going through an actual trial.
Arbitration can be binding or nonbinding. If the parties engage in nonbinding arbitration, and one is not happy with the resolution, they can usually still pursue their case in court. However, when the parties have chosen binding arbitration, the arbitrator's decision is final, and it will not be possible to appeal it.
An arbitration is similar to a trial in that each side gets to present his or her case. An arbitration is structured like a trial, but the procedures are less formal. Each side presents an opening statement in which they explain their version of what is at stake in the case. After that, each side puts on evidence to show what happened to cause the car accident and the injuries and damages that were suffered.
Documents are placed into evidence. Sometimes witnesses testify before the arbitrator. The defense is allowed to do the same. The parties can make closing arguments, in which they state the outcome that they want the arbitrator to reach. In some cases, the arbitrator makes the decision at a later date so that they have a chance to review the documents and think about the case.
Mediation is a different type of ADR. It is conducted by a neutral third party, known as a mediator. The mediator is simply a facilitator and has no power to make any determinations about the case. In some cases, the parties attend mediation voluntarily, while in other cases, they are ordered to participate in mediation.
Different mediators use different procedures, and often parties are required at the outset to sign a written mediation agreement outlining the rules of the process. In most cases, the parties meet with the mediator separately at the start of the mediation to explain where they stand.
Usually, the mediator goes back and forth between the parties, discussing the parties' competing views of the case to come to a resolution. The mediator may speak privately with each side multiple times, helping each side see the other side’s view of the case and where there may be weaknesses in their own case. When a mediator is a retired judge or an experienced attorney, they may add information about how a claim like this would usually fare in court. Discussions continue until an agreement is reached or it becomes clear that the parties are too far apart to come to an agreement. If a settlement is reached, the parties will likely be asked to sign a written settlement agreement.
Contact a Knowledgeable Car Crash Lawyer in New York City
If you are seriously injured in a car accident, whether you are involved in a drunk driving accident or a teen driver accident, you may be asked to participate in ADR prior to trial or in lieu of trial. The difference between mediation and arbitration, particularly binding arbitration, can be critical to understand. It is vital to hire an experienced personal injury lawyer. Newman, Anzalone & Newman, LLP provides vigorous legal representation in car accident lawsuits throughout New York City. We assist injured people in Queens, the Bronx, Manhattan, Brooklyn, and Long Island. Call us at 718-896-2700 or complete our online form.
Car Crash Lawyers Representing New York City Victims
After a car accident, you may face serious injuries. Emotions may be running high, and you should take care not to take or assign blame. What you say to the other party may later be used as an admission or another piece of evidence in a personal injury lawsuit. Many people do not have enough money saved up to address serious injuries or disabilities. A car crash can be personally and financially devastating. You may be wondering what to do after a car accident. At Newman, Anzalone & Newman, LLP, our experienced New York City car accident attorneys may be able to help.
What Should I Do After a Car Accident?
You should not leave the accident scene before exchanging information and making sure that everyone is fine. If you leave when somebody has been injured or was killed, you can face significant criminal penalties as a hit-and-run driver.
You should first make sure that everyone who was involved in the collision is all right. You should call for medical help for yourself if necessary and anybody else who needs it. For example, if you have neck and back pain, you should not move until medical help arrives unless it is dangerous for you to remain in the same place. If someone is unconscious, you should avoid moving them unless it is dangerous for them to stay in the same location.
You should obtain the names, insurance information, addresses, phone numbers, drivers' license numbers, and license plate numbers from all of the drivers involved in the collision or potentially involved in the collision. It can be helpful to also get the identities, phone numbers, and addresses of any witnesses, including passengers in the other car or cars. You should not apologize to the other drivers or discuss who was at fault. The drivers in an accident may not be correct about who was actually at fault.
The police must be called when there is significant property damage, injuries, or death as a result of an accident. The police should investigate to try to determine the cause and should take down the names and insurance information of the people potentially responsible for the accident. Although it is the police officer's responsibility to investigate, you can also ask witnesses to the accident what they saw and write down their identification information. Sometimes witnesses have a better perspective on what happened, such as who turned first or how fast a driver was driving, than the people inside either of the vehicles do. You should also take pictures of the damage to the vehicles, skid marks, and your own injuries.
New York is a no-fault state, so you will turn to your own no-fault insurance coverage first. You should notify your insurer that you have been in an accident and make a claim against your no-fault insurance. You should be honest with your insurer and cooperate with them. You should also get any police report that was created so that you can use the information as necessary.
You should get medical care right away. It can be important to keep clear records of all of the doctors, chiropractors, physical therapists, or counselors who treat you. You should describe any treatment or medication that you received. It can also be helpful to keep a journal about how your injuries affect you each day. Are there activities that you can no longer enjoy? How is your family affected by your injuries? Serious injuries can make it difficult to pick up your child, do your laundry, clean the house, and engage in active hobbies like dancing or playing sports.
Contact a Knowledgeable New York City Attorney After a Serious Crash
After a serious accident, you may be contacted by the other driver's insurer. The other driver's insurer owes you no duty of loyalty or good faith. It is important not to discuss the accident with that person before consulting an attorney of your own. If you were seriously injured in a New York City car accident that you believe was the other driver's fault, and you are uncertain about what to do next, you should consult Newman, Anzalone & Newman, LLP. We provide comprehensive legal counsel and representation in car accident lawsuits. Our injury lawyers represent people in Queens, the Bronx, Manhattan, Brooklyn, and Long Island. Call us at 718-866-3531 or complete our online form.
Motor Vehicle Collision Lawyers Representing New York City Victims
The National Highway Traffic Safety Administration (NHTSA) has reported that over three million people are injured each year in motor vehicle accidents. The injuries produced by a car accident vary, but there are certain kinds of injuries that are more common than others. The damages that result from car accidents are enormous. An estimate is that the yearly cost of car crashes is about $897 per person living in the United States. There are certain injuries that often happen in car accidents in New York City, and victims usually can recover compensation for them. At Newman, Anzalone & Newman, LLP, our New York City car accident attorneys may be able to help you.
Which Injuries Often Happen in a Car Accident?
Car accident injuries can vary from crash to crash, depending on the speed, the force of the collision, the position of the people inside the cars, whether the victims were wearing seat-belts, where the car was hit, whether the victims' heads or bodies were turned in a particular direction or facing straight ahead, whether there were airbags, and other factors. Some injuries resolve quickly and without medical treatment. However, others may be quite serious and disabling. Generally, in New York, you can only go beyond your own no-fault insurance to sue another party if you have what are deemed serious injuries, or you exceed a threshold amount of economic damages.
Many serious injuries are impact injuries. These are caused when the force is such that some part of your body hits a part of the car's interior, such as your head hitting a side window or your chest hitting the wheel of the car. However, some serious injuries involve the penetration of foreign objects, such as broken glass.
Head injuries and trauma are among the most serious car accident injuries. Drivers and passengers who are involved in a high-speed collision may hit their heads against the window or the dashboards. This may result in traumatic brain injuries, such as a concussion, and it can also give rise to a coma or long-term disabilities. Sometimes lifelong care is required for serious brain injuries. Head injuries are also sometimes associated with vision or hearing loss.
Car accidents can result in a wide range of back injuries as well. Sometimes these are soft tissue injuries. However, if the spinal cord is affected, there can also be nerve pain, reduced sensation, or permanent paralysis. Disc herniation is a very common car accident injury. A bulging disc can impinge on a nerve, resulting in muscle weakness or spasms, arm or leg pain, numbness, or tingling.
Whiplash is another common injury. The force of the collision can cause the head and neck to suddenly snap forward and backward. For example, if a driver rear-ends you, your head and neck may snap forward and backward quickly and suddenly, causing significant neck muscle and ligament harm. Neck pain and swelling are also common in connection with whiplash.
Trauma can affect the chest. Common injuries include broken ribs and collapsed lungs. The chest trauma can trigger a traumatic cardiac arrest. In some cases, there is internal bleeding, which is why it is so important to seek out medical care immediately after a significant accident. Chest trauma can involve internal organ damage, pelvic damage, and abdominal harm.
It is also common to suffer injuries to appendages such as limbs, hands, feet, or arms. Broken bones and ligament strains are common types of injuries to limbs.
After a car accident involving serious injuries, it is normal to be emotionally distressed. There can be significant emotional scars, and if you witness someone else die in a car accident or suffer gruesome injuries, you may experience PTSD or other psychological injuries.
Protect Your Rights by Retaining a New York City Attorney
If you are involved in a car accident and have suffered any of the common car accident injuries, you should consult an experienced and knowledgeable personal injury lawyer. Newman, Anzalone & Newman, LLP provides aggressive legal representation in car accident cases. Our attorneys assist victims in Queens, the Bronx, Manhattan, Brooklyn, and Long Island. Call us at 718-896-2700 or submit our online form.
New York City Lawyers Vigorously Advocating for Injured Victims
After a serious car accident in New York City, you may have significant injuries and require expensive treatment. You may wonder whom you can sue after a car accident. Many people do not have enough money saved up in case of catastrophic injuries, and it can be very stressful to face mounting hospital bills during a period when you may be unable to work and are experiencing pain. At Newman, Anzalone & Newman, LLP, our New York City car accident lawyers may be able to provide representation. We look closely at the circumstances and the sequence of events giving rise to the crash.
Whom Can I Sue After a Car Accident?
Often, car accidents are caused by one or more negligent drivers. Your lawyer may be able to hold a negligent driver accountable for your injuries if they caused the accident. To prove another driver's liability in court, we will need to show that it is more likely than not that the other driver owed you a duty but breached the duty and caused the accident, which resulted in damages.
The duty of reasonable care that all drivers owe to others on the road may be breached in many different ways, including texting while driving, drunk driving, driving while fatigued, speeding, weaving, tailgating, driving while distracted, failing to obey traffic signals and signs, or driving aggressively. For example, if the other driver ran a stop sign and T-boned your car at 45 mph, such that you suffered broken bones, a traumatic brain injury, and organ damage, you could likely show that the other driver's negligence caused your injuries.
In certain situations, it may be possible to hold the driver's employer vicariously liable for an accident. Vicarious liability is a form of indirect liability that means that one person or entity can be held responsible for another person's acts. It applies when an employee was in the course and scope of employment at the time of causing the accident. It can be important to establish vicarious liability because the employer may have more substantial resources with which to compensate an injured accident victim than the employee does.
Sometimes parents can be held responsible for children who drive negligently. There are several situations in which liability may arise. A parent could be liable if the accident happened because the parent knew that the child had a propensity toward that conduct but did not act accordingly to restrain the child, such that the parent's failure to act contributed to injuries to others. A parent could also be held liable when a parent and a child driver had a relationship in which the child was acting within the scope of their authority in doing an errand for the parent. A parent furthermore can be held liable under a theory of negligent entrustment. Finally, a parent may be responsible if they approved of a child's negligent or reckless behavior.
Under some circumstances, an accident happens because of a dangerous property condition. It may be possible to hold the owner of the road responsible through a premises liability lawsuit. Often, the owner of a road or highway is the government, and your lawyer will need to establish government liability for the dangerous condition or hazard in the road that caused your injuries. There is a shorter window of time within which to hold the government responsible, so it is especially important to consult an attorney right away if you believe that the condition of the road caused your accident.
In some cases, a defect in a car causes an accident. For example, if the brakes fail in your car, such that you cannot brake in time to avoid hitting a truck, you may be able to hold the manufacturer of the brakes liable by bringing a product liability lawsuit. We will need to show that the car or brakes were already dangerous when they left the manufacturer's control as a result of a design, manufacturing, or marketing flaw.
Discuss Your Car Crash Case with a New York City Lawyer
If you are seriously injured in a car accident in New York City, you may be wondering whom you can sue to get compensation for your injuries. The attorneys at Newman, Anzalone & Newman, LLP provide aggressive legal representation in car accident lawsuits. We represent injured people in Queens, the Bronx, Manhattan, Brooklyn, and Long Island. Call us at 718-896-2700 or complete our online form.
These websites contain reputable information on law. We include them here so that anyone interested can better understand their case, our work, and the rules of our society.
If you are involved in a personal injury lawsuit in New York, you are likely to encounter some unfamiliar words and phrases. By learning about a few key concepts, you can improve your ability to understand the process and communicate with your attorney about what is happening in your case.
Civil court
Civil court is where non-criminal disputes between people or organizations take place. Personal injury and wrongful death lawsuits are litigated in civil court. Sometimes both civil and criminal issues can arise from the same set of circumstances.
Tort
A tort is a civil wrongdoing by one party against another resulting in damages, regardless of whether the act was accidental or deliberate. A lawsuit filed by a car accident victim seeking damages for his or her injuries is an example of a tort claim.
Subpoena
A subpoena is an order from the court requiring a witness to appear in court and testify or provide evidence.
Compensatory damages
Most damages awarded in personal injury cases are compensatory damages. This term refers to a monetary award that is meant to offset the recipient's actual losses and restore that party to the financial circumstances he or she would be in if the injury had not occurred. Common examples of compensatory damages include medical and hospitalization expenses, lost income, property damage and the cost of replacement services.
Punitive damages
In certain cases, another type of monetary award called punitive damages can be awarded. These damages go beyond compensation and are meant to punish an at-fault party for especially egregious, fraudulent or malicious conduct.
Stipulation
A stipulation is an agreement by both sides in a lawsuit on any issue of facts or other matters relevant to the proceedings.
Parties
The people or entities involved in a civil lawsuit are called parties.
In a personal injury lawsuit, the plaintiff is typically the injured person or, in some cases, his or her dependents. Depending on the circumstances, the defendant in a personal injury lawsuit may be an individual or a business entity or both. For example, the potential defendants in a drunk driving case could include the driver, his or her insurance company, and under certain circumstances even the driver's employer or the party that provided the driver with alcohol.
Indemnity
Indemnity refers to an agreement in which one person or entity agrees to take responsibility for another's losses, damages or legal liability. Car insurance is a common example of an indemnity agreement; in exchange for premium payments, the insurance company agrees to be held liable on behalf of the insured driver for any injuries he or she may cause.
Statute of limitations
A statute of limitations is the amount of time that a plaintiff has after an injury before he or she loses the right to file a lawsuit. In New York, the statute of limitations on most personal injury claims is three years.
Personal Injury Protection (PIP)
Personal Injury Protection, or PIP, is a type of auto insurance coverage that typically provides no-fault benefits for the insured person's own medical costs, lost wages and replacement services. In cases involving fatal accidents, PIP coverage may also provide accidental death and survivor benefits as well as funeral expenses.
Knowing these 10 terms will help you understand concepts crucial to your personal injury lawsuit.
Just like any other profession, the law has its own language. Personal injury law is no exception. Although legal jargon is understandable to attorneys, it can alienate people that are not familiar with the terms. If you are involved in a personal injury matter, listed below are the top ten legal terms that you will come across that will give you a better understanding of what is going on in your case.
Liability
In personal injury terms, liability means that a defendant (i.e. the person who caused the harm) is legally responsible for the harm that is suffered by another in the lawsuit (i.e. the plaintiff). If a defendant is found to be liable, he or she may be compelled by the court to pay damages.
Damages
Losses suffered that are recovered in a lawsuit. In personal injury, there are typical two types of damages: economic damages (e.g. lost wages, medical bills and other financial losses) and non-economic damages (e.g. pain and suffering, loss of enjoyment of life, and other losses that cannot easily be quantifiable in financial terms). Damages are awarded in the form of financial compensation.
Negligence
Conduct that falls below a certain minimum legal standard that protects others from an unreasonable risk of harm. This occurs when:
Comparative negligence
A legal doctrine that allows injured parties to recover damages even if their own negligence was a cause of the accident. In New York, parties found to be comparatively negligent, can have the damages that they recover reduced by the percentage that they found to be at fault for the accident.
Discovery
A pre-trial phase, which allows both sides to be informed about (or "discover") the facts known by witnesses and the parties to the lawsuit (both plaintiff and defendant). Discovery typically includes:
Premises liability
The legal duty of landowners to make their premises reasonably safe for occupants and visitors (e.g. removing ice and snow). Landowners that fail at this duty can be considered negligent and be held liable for damages in a lawsuit.
No-fault insurance
A New York law that requires automobile insurers to pay car accident victims up to $50,000 of economic damages (e.g. medical bills, prescriptions, etc.) regardless of who is at fault. Additionally, the no-fault insurance law precludes car accident victims from recovering non-economic damages unless they can prove that they suffered a "serious injury"
Serious injury
In New York no-fault insurance law, a serious injury is a car accident that results in death, dismemberment, fractures, significant disfigurement, or permanent loss or use of a body organ, member, function, or system (as well as other life-altering injuries). If serious injury is proven objectively (i.e. by medical tests or physician testimony), the injured party may recover non-economic damages in a negligence lawsuit against the responsible party.
Uninsured/Underinsured Motorist Insurance
A type of insurance policy that insures that the vehicle owner, driver and occupants are insured against losses caused by other motorists that are uninsured or without coverage that is sufficient to fully cover the losses suffered. In New York, having such a policy is advisable to guard against the possibility that the liable party does not have a valid insurance policy, or enough insurance to cover one's damages.
Wrongful death
Wrongful death is a type of lawsuit that may be filed when the negligence, carelessness or intentional act of a person or entity is responsible for the death of another. In this lawsuit, the personal representative of the deceased's estate seeks financial losses caused by the death (i.e. loss of future income, funeral expenses etc.) on behalf of the deceased's spouse, children and other dependents.
If you have been injured or have lost a loved one because of someone's negligence, whether it is a car accident, slip-and-fall or workplace accident, it is important to seek the advice of the experienced personal injury attorneys at Newman, Anzalone & Newman, LLP. Our attorneys can advise you on your right of recovery and work to ensure that the responsible party is held accountable for their carelessness.
New Yorkers can lower their risk of winter weather-related crashes by maintaining their vehicles properly, using caution and driving carefully near plows.
Most people in New York City are accustomed to driving in challenging conditions during winter. Unfortunately, this doesn't fully eliminate their risk of experiencing accidents. According to Syracuse Media Group, one recent study reveals that over 800 lives are lost yearly in the U.S. during winter weather-related accidents. A disproportionate number of these fatal car crashes occur in Upstate New York; between 1975 and 2011, over 2,700 deaths were reported in the region.
Tragically, many winter accidents may involve preventable mistakes on the part of drivers. This makes it essential for motorists to be familiar with the proactive measures that can help them reduce their risk of these seasonal accidents.
1. Vehicle maintenance
In preparation for winter commutes, drivers should ensure that various components of their vehicles have been serviced or inspected. Antifreeze and washer fluid should be topped off, according to the Governor's Traffic Safety Committee, and the effectiveness of heaters and defrosters should be tested ahead of time. Additionally, motorists should confirm that their tires have enough tread depth to provide traction.
During inclement weather, a few precautions can also help drivers reduce their risk of experiencing accidents. Drivers should clear all snow and ice from their vehicles to prevent the precipitation from striking other vehicles, blocking visibility or becoming a distraction. The removal of all precipitation, salt and sand from the headlights can also lower the likelihood of accidents occurring as a result of limited visibility.
2. Deliberate driving
When operating their vehicles during inclement weather, motorists should always employ greater caution than they would under normal driving conditions. The GTSC recommends that drivers make the following adjustments:
By steering, accelerating and braking more gently, drivers can minimize the risk of traction loss, according to The New York Daily News. Drivers also should remember that four-wheel drive can promote a false sense of confidence, since it does not improve a vehicle's ability to stop.
3. Proper plow etiquette
During winter commutes, motorists should know what precautions to take when driving near snowplows, which can introduce unique hazards. Plows may make unexpected maneuvers and produce blowing snow that limits visibility, according to the Massachusetts Department of Transportation. Plow blades also may extend further out than other drivers realize. As a result, drivers should not follow closely behind plows or attempt to pass them.
Accident preparedness
Finally, drivers should remember that these precautions might not prevent every accident. Motorists may be especially powerless to avoid accidents that unfold due to the carelessness of other people. However, in these situations, legal remedies may be available.
In New York, the victims of auto accidents may be able to seek recourse from the at-fault drivers, even if their own actions contributed in some way to the crash. To learn more about their rights and the process of making a personal injury claim, victims may benefit from calling a New York car accident attorney.
New study assesses the cognitive workload of several vehicles’ voice systems to see whether hands-free is safer.
In an effort to lower car accidents caused by distracted driving, car manufacturers have introduced hands-free systems in new cars that are activated solely by voice. Many New Yorkers have seen ads that market these systems as safer to use than handheld cellphones and allow drivers the ability to turn their vehicle into a mobile office. However, are they really safe and helpful in avoiding serious auto accidents?
Assessing voice activated systems
The American Automobile Association's Foundation for Traffic Safety recently conducted a study that examined the effects of distracted driving. The first phase of the study revealed that the activity which caused the highest level of mental distraction to drivers was the use of voice-text systems in vehicles. Deciding to study in-vehicle systems further, the second phase assessed six systems from different carmakers. These were Toyota's Entune, MyFord Touch, Chevrolet's MyLink, Mercedes' COMAND, Chrysler's Uconnect and Hyundai's Blue Link Telematics System.
Participants drove through a residential neighborhood while engaging in a series of tasks using these systems. Sensors and cameras measured the drivers' behaviors, heart rate, reaction times and subjective assessments to determine their mental workload. Drivers were given time to familiarize themselves with the vehicles and the course before they were officially tested. Each driver was paired with an experimenter who asked the driver to solve a mathematical question between tasks. This gave the researchers a mental task load to compare the use of the in-vehicle systems against.
Mental workload results
When researchers compiled the data, they discovered that Chevy's system had the highest level of mental workload, matching it with the cognitive distraction level of the voice-text system from the first phase of the study. Ford and Mercedes were the second and third highest in creating workload for the driver. The safest system overall was Toyota's Entune, which ranked around the same level as someone who was listening to an audio book or the radio. Hyundai's system was the second safest with Chrysler taking the third spot.
Not surprising, the same systems ranked the same when it came to completion time to complete a task. Toyota's system was the fastest overall while Chevy's was the slowest. Researchers noted that the amount of time required for a task does seem to have an impact on how mentally distracting the task is. Chevy also ranked highest in errors on music tasks while Mercedes' system ranked highest in errors during calling tasks.
Distraction is everywhere
While Toyota's system was deemed the least distracting for drivers, people in New York should be aware of all sources of distraction around them. These may include watching something outside the car, grooming, eating and drinking, smoking, talking to passengers and pets. An accident caused by distraction can lead to serious injuries. Therefore, victims may find it helpful to meet with an experienced attorney.
On behalf of Morris J. Newman, Esq.
In the wake of Tracy Morgan’s first public appearance since his devastating accident a year ago, a discussion about PTSD and emotional trauma.
Being in a serious car accident is frightening. Your life is truly at risk. That kind of experience can leave a mark greater than just physical injuries. According to the American Academy of Family Physicians, as many as 30 percent of car accident victims suffer from long-lasting emotional and psychological symptoms, including post-traumatic stress disorder, depression, and anxiety, after being in a car crash. Traumatic brain injuries, which are devastating in their own right, can also worsen psychological and emotional difficulties in the wake of an accident.
Tracy Morgan, to his credit, addressed these issues on June 1, in his first public appearance since a deadly accident on a New Jersey turnpike over one year ago that resulted in the death of a close friend. "I've been down," Mr. Morgan admitted about the past year. "Bones heal, and the loss of my friend will never heal," the tearful Mr. Morgan told Matt Lauer of the Today show. It isn't that broken bone injuries are not devastating - Mr. Morgan is still recovering from his physical injuries over a year later - but psychological injuries can be hard to treat and may take even longer to overcome.
Fortunately, Mr. Morgan has his family to rely on, which has helped him in recovery. He also indicated he was relieved that the wrongful death case against Wal-Mart recently settled, and that the family of Jimmy "Mack" McNair, who died in the crash, has had their financial needs met after the loss of their father. Police charged the driver of the Wal-Mart truck with vehicular homicide after the incident, although the criminal case has yet to be resolved. According to a police report, the driver had not slept at all in the 24 hours that preceded the crash.
Recovering from emotional and psychological impacts
Recovering from any kind of serious injury is incredibly difficult. Whether it's learning how to walk again, or learning how to laugh, recovery is a long process.
But there is hope. Therapy, including cognitive-behavioral therapy, can help accident victims deal with grief and trauma in the wake of an accident. A newer treatment, eye movement desensitization, can help people cope with PTSD. An extensive rehabilitation program, including sessions with a physical therapist, can help a victim recover from debilitating physical injuries.
Still, it is a long road to travel. For those who have been injured in a car accident that was not their fault, there is financial help available. A personal injury lawsuit, like the one brought by Mr. Morgan, can help to offset the cost of medical procedures and lost wages. A wrongful death lawsuit, like the one brought by the children of Mr. McNair, can help a family with finances during a very difficult time and help bring a measure of justice.
New Yorkers who have been injured in a car accident should contact the premier personal injury attorneys at Newman, Anzalone & Newman, LLP, to discuss legal options and next steps.
Keywords: Truck accident, car accident, fatal accident, wrongful death lawsuit, personal injury lawsuit.
When truck accidents occur, the outcome is often tragic. Due to their size, these behemoths of the roads are not as maneuverable and are slower to stop than other smaller passenger vehicles. Also, the truck's large size means that a collision with a motor vehicle is much more likely to be fatal. Unfortunately, fatal truck accidents are not an uncommon occurrence on our nation's roads. According to the Federal Motor Carrier Safety Administration, an average of 11 such accidents occur nationwide each day.
If a loved one has been killed in a truck accident (or any other motor vehicle accident) someone else's negligence may be the cause. For example, driver fatigue, drugs or alcohol, improper loading, and maintenance lapses are common causes of truck accidents. If a loved one is killed in an accident caused by truck driver negligence, you may suffer financial as well as emotional losses. You may wonder what legal recourse you have in such a situation. Fortunately, you may be able to recover compensation for your losses under New York law by filing a wrongful death lawsuit.
Basics of lawsuit
A wrongful death lawsuit may be appropriate any time someone's negligence led to the death of a loved one. Because of this, a lawsuit may potentially be filed following truck accidents as well as other motor vehicle accidents, slip-and-falls, construction accidents, and any other fatal accident caused by negligence. In New York, wrongful death lawsuits are not filed directly by the aggrieved parties. Instead, the lawsuit is filed by the personal representative of the decedent's estate (or executor) on behalf of those eligible to recover compensation under the law (the "beneficiaries").
If any compensation is recovered by the personal representative, it is distributed to the beneficiaries according to law. In most cases, only a decedent's spouse and minor children may be beneficiaries. However, other family members may potentially qualify as beneficiaries if they can prove they are financially dependent on the decedent.
In New York, beneficiaries may not recover noneconomic losses, such as pain and suffering or emotional anguish. However, a variety of other financial losses caused by the decedent's untimely death are recoverable including:
Funeral expenses
Medical bills
Loss of future income
Loss of inheritance
The reasonable value of the decedent's services and support
Punitive damages (in limited circumstances)
Consult an attorney
If a loved one has been killed in a truck or motor vehicle accident, negligence may or may not be the cause. Since evidence can disappear over time, it is important to speak with an experienced personal injury attorney as soon as possible following the accident. An attorney can collaborate with accident reconstruction experts to determine whether negligence was a factor and work on your behalf to recover fair compensation for your financial losses.
An NHTSA report showed that auto accidents cost the country $871 billion in 2010. The report also showed the cost of behaviors that often cause accidents.
On May 28, 2014, the National Highway Traffic Safety Administration released a report entitled The Economic and Societal Impact of Motor Vehicle Crashes, 2010. The report showed the profound economic impact that auto accidents have on the U.S. and the dangerous habits in which drivers engage that typically cause auto accidents.
Economic losses from auto accidents
Researchers working on the report analyzed auto accident data from 2010, which included 32,999 fatalities, 3.9 million injuries and 24 million damaged automobiles. The report revealed that auto accidents caused about $871 billion dollars in losses that year. Actual economic losses from the accidents accounted for $271 billion, or about $900 per person living in the U.S.
The other $594 billion was from harm to society, loss of life, pain and lower quality of life because of injuries. The report noted that about $200 billion of the costs of harm to society, such as emergency services expenses, court costs, insurance administrative costs and congestion-related costs are paid by society as a whole through taxes, insurance premiums and increased travel costs.
The total cost of auto accidents was equal to 1.9 percent of the total Gross Domestic Product for the U.S. in 2010.
Dangerous driving behaviors lead to losses
The report identified some of the behaviors that accounted for most auto accidents and the costs associated with those accidents. Speeding caused the most economic harm, amounting to 21 percent of all monetary losses from auto accidents, costing society $59 billion. Impaired driving accounted for 18 percent of economic losses, amounting to $49 billion. Distracted driving was responsible for 17 percent, or $46 billion, of the economic losses from auto accidents. Preventable deaths and injuries attributable to lack of seatbelt use cost the nation $14 billion, which was 5 percent of the total economic loss.
Dealing with auto accidents
As the report shows, the losses from auto accidents go beyond damage to vehicles and medical bills to treat injuries. As such, it is important for those who are involved in auto accidents to have the assistance of a skilled auto accident attorney to help them recover fully for all of their losses. If you have been involved in an auto accident, contact an experienced auto accident lawyer who can advocate for your interests, deal with insurance companies and help you collect just and proper compensation.
Agencies and lawmakers are working to reduce accidents on New York City construction sites with better standards and enforcement and higher penalties.
Whether buildings are being built from the ground up or repaired, those who are contracted to get the job done agree to create safe environments for everyone in the area during construction. According to a recent article in the New York Times, many contractors have not been taking this responsibility seriously. Now unions, lawmakers and citizens are calling for an overhaul to the regulations and enforcement of safety standards to reduce hazardous conditions on construction sites.
In a recent press release, the New York City Department of Buildings outlines the ways it has already begun to make changes that should make compliance easier to achieve and to enforce.
Clarification of standards
Not all those who fail to comply with standards do so intentionally. NYC Buildings points out that the red tape and bureaucracy involved can create confusion and considerable delay in the process. To consolidate and expedite development and construction progress, a new interagency group has been tasked with the job of identifying issues between agencies involved.
In addition, NYC Buildings is consolidating building codes and developing an Industry Code of Conduct to clarify requirements, both for those who are in the industry and those who are in enforcement.
Timely inspections
The length of time it takes to have a construction site or building inspected has been a problem in NYC's building industry. To address this problem, the Department has adopted technology to streamline inspections, which could reduce wait times by up to 75 percent. In addition, NYC Buildings has expanded the scheduling of inspections to include some evening and weekend options.
Enforcing standards
NYC Buildings identifies those who violate construction codes and create hazards as bad actors, and they may include owners, construction professionals, applicants and others. It is now the responsibility of the newly created Risk Management Office to identify industry corruption and dangerous conditions, then pursue disciplinary actions against the bad actors.
Other suggested improvements
In spite of these advances, many believe that not enough has been done to address the prevalence of the problems plaguing the City's building industry. City councilmen have proposed more astringent fines for contractors who violate stop-work orders or who work without permits. Other bills would put in place compulsory apprenticeship training programs for workers and mandatory safety violation reports to the Occupational Safety and Health Administration.
Construction violations may affect anyone, from those working on building sites to pedestrians on sidewalks. A New York City personal injury attorney may be able to provide legal assistance to those who are harmed in construction site accidents. Compensation may be available to cover medical costs, lost wages and quality of life, and pain and suffering.
New York's mass transit system has been the subject of much recent news. New data from New York's Mass Transit Authority suggests that 3.4 billion riders use New York City's subways and buses every year. Governor Andrew Cuomo recently proposed spending $5 billion for 27 mass transit projects around the city, including flood prevention for the subway system and a Metro-North Railroad spur on Manhattan's west side. A recent blog on the Huffington Post proclaimed that "Almost Everything in NYC Depends on Mass Transit" while noting that the MTA's budget received "devastating" cutbacks in 2010 from which it has not recovered.
Rail transportation has also been in the news recently for several high-profile accidents. The National Transportation Safety Board has released its report on the Metro-North accident in the Bronx last December. It found that the operator of the train suffered from "severe sleep apnea" and had antihistamine in his system that causes drowsiness. The NTSB also issued a preliminary report of an electrician for Metro-North who was killed while working on northbound train Number 897 in Manhattan.
The National Transportation Safety Board has investigated five incidents of derailment or fatality involving rail transportation in the last six months. According to Hearst Connecticut Media, during 2013, federal inspectors noted over 1,000 defects during 500 inspections of the Metro-North system. Among their findings, federal regulators found that some tracks were not inspected according to regulations and that some operators were not following hours-of-service regulations intended to prevent operator fatigue.
New Jersey has also begun a $467,673 dollar investigation on the safety of rail transportation in the state after NTSB investigations revealed the lack of safety measures Metro-North has in place. "Operation Deep Dive" is an internal review by New Jersey Transit of Metro-North operations and will last for 90 days.
Other recent accidents in Manhattan involving mass transit have also demonstrated the potential dangers of rail travel. On the Upper East Side in April, a pedestrian was struck and killed around 2 a.m. Another man was killed near Soho just after 3 a.m. while walking between cars on the Q train. On April 21, a 64 year-old man was killed while trying to retrieve a piece of jewelry from the tracks.
An attorney can help
Rail and transit accidents can be devastating. The nature of derailments and mass transit accidents mean that there is a great likelihood for fatalities and severe injuries. Injured victims and their families may be able to obtain legal help with recovery and other money damages associated with a mass transit accident. Injured riders should speak with an experienced personal injury attorney to discuss their legal options.
Traumatic brain injuries are a common and serious health problem in New York and throughout the rest of the country. According to the Centers for Disease Control and Prevention, over 2.5 million people incurred one of these injuries in 2010. A TBI occurs when a bump or blow to the head disrupts the brain's normal functioning patterns. Often, these injuries leave their victims with permanent disabilities, high medical bills and an inability to function normally.
The potential consequences of a TBI
Every person reacts differently and suffers from different effects following a brain injury. According to the Brain Injury Association of America, no two brain injuries are the same and their effects often depend on the location of the injury, how severe it is and what caused it. The CDC states that for some, the effects only result in a brief period of altered mental consciousness while for others, the effects lead to long-term episodes of unconsciousness and amnesia. Some of the short or long-term changes a person experiences after a brain injury can affect their:
Ability to think or remember things on a long-term and short-term basis
Sensations, such as their ability to taste, smell and touch
Communication skills, their ability to understand and how they express themselves
Emotions
For instance, one brain injury victim may suffer from an inability to remember the tasks that they have to do each day and decreased awareness of their surroundings while another may deal with issues with their emotional stability in addition to regular fatigue.
Females and brain injuries
While every person experiences different effects following a TBI, a new study discovered that girls may be more susceptible to behavioral problems, psychological distress and smoking than males after incurring a brain injury, states Time. To come to this conclusion, researchers surveyed nearly 10,000 students in middle school and high school in Canada who had suffered from a TBI. Of those surveyed, the girls were more likely to be targeted by bullies, smoke marijuana, experience psychological distress and consider committing suicide.
Since this information was collected using a self-reporting system, the researchers were not able to define exactly what caused these differences between female and male brain injury sufferers. However, it is suspected that these variances may be due to a difference in hormones, treatments, cognitive abilities or a combination of these factors.
The consequences of a brain injury can be severe for both males and females. If you incurred a brain injury due to the negligence of another person, consult with an attorney who can ensure your rights to fair and proper compensation are protected.
Brain injuries are complex and unpredictable and it is important for people to gain more understanding about them.
The Centers for Disease Control and Prevention states that the top two leading causes for injury to the brain are falls and motor vehicle accidents. The most recent data showed that brain injury was connected to "2.5 million emergency department visits, hospitalizations or deaths" in 2010. For people living in New York, a brain injury can create unexpected challenges. Therefore, it is important to learn a little more about them.
Medical treatment
While other conditions can often be successfully treated and healed, the National Institute of Neurological Disorders and Stroke states that doctors have few options to rely on when someone comes in with a head injury. If the injury is serious enough to have caused a coma or unconsciousness, the biggest concern is to make sure that the body systems are receiving enough blood and oxygen. The victim will be administered a computed tomography scan, placed on a ventilator, subjected to X-rays and/or placed on support machines.
For less serious injuries, there is often little that can be done except to put the victim on rest and prescribe a pain killer for the headache that often accompanies the trauma. Treatment is focused on preventing more damage so it is important that people with a brain injury avoid activities that require any kind of complex thought.
Every brain injury is different
Just as every person is unique, every brain injury will be different. The Betty Clooney Center, a brain injury treatment facility, states that people can experience symptoms that are severe while others may show very subtle signs. For example, a person who hits her forehead may lose her ability to speak while another person may just have a severe headache and some nausea.
In some cases, it may take a few days for symptoms of a brain injury to appear or a matter of minutes. A person may start acting differently, struggling to comprehend what is going on around him or her. Other symptoms that indicate a concussion has occurred include the following:
Memory loss is a stronger sign but may not always occur. Additionally, people may move slower, experience slurred speech or lose their ability to move certain limbs.
Long-term prognosis uncertain
While many people are able to fully recover from a mild traumatic brain injury, this is not guaranteed. The Brain Trauma Foundation points out that while doctors are inclined to be optimistic when it comes to outcomes, there is no predictable prognosis when it comes to brain injuries. This is especially true for people with serious traumatic brain injury if they are unable to reach a specific outcome. The only thing that doctors can do is suggest appropriate therapy with the hope that the patient will respond to it in a positive way.
New York victims of negligence could suffer the effects of an injury for years. Therefore, to make sure they receive the right amount of compensation, they may want to talk to an attorney about their situation.
Truck accidents are a problem in New York City, so much so that the city council is recommending a new way to monitor them.
Large trucks on New York's crowded streets have long been an area of concern for residents. Now the city council is stepping in to call for help in getting more information that can be used to improve safety. A new database has been suggested as a way of better monitoring truck accidents and routes throughout the area. Searches within the database could be conducted by precinct, route or borough. There is also a truck route study being conducted involving the safety of pedestrians and bicyclists on these streets.
How serious is the problem?
According to the National Highway Traffic Safety Administration, motor vehicle crashes involving large commercial trucks in New York claimed the lives of 118 people in 2013. That is more than in any of the previous four years. In 2012, there were 100 such deaths, in 2011, there were 114, in 2010, there were 120 and in 2009 another 107 fatalities in truck collisions.
Looking at the greater New York City area specifically, the number of people who died after being in a large truck wreck in these five years is startling. Records show the following:
49 fatalities were recorded each in Suffolk County and New York County.
32 fatalities were recorded in Nassau County.
30 fatalities were recorded each in Queens County and Kings County.
26 fatalities were recorded in Bronx County.
All together a total of 216 people perished in the New York City region in truck accidents between 2009 and 2013.
What is the answer to this problem?
Certainly more is needed to reduce the number of truck accidents and related fatalities. The Federal Motor Carrier Safety Administration is looking for ways to curb speeding, fatigue and impairment among truckers. As USA Today and the National Transportation Safety Board reported, the death of a famous comedian in a truck accident this year was found to be impacted by both speed and fatigue on the part of the truck driver.
Speed-monitoring devices installed into trucks could be one way of better controlling truckers' speed notes Business Insurance. Tackling fatigue is the subject of some recently completed research by the FMCSA. JOC.com reports that the full results will be available soon. Many hope that it could be used to reinstate the 2013 Hours of Service rule that was stayed by Congress. Supply Chain Digest explained that the rule was put on hold pending further data.
According to the Commercial Carrier Journal, drivers will soon be subject to more rigorous pre-hire drug and alcohol screening as well as annual reviews. This effort and the random substance tests noted by Bulk Transporter could help to reduce the opportunities for truckers to drive while impaired.
Legal help is always important
Despite the efforts of the FMCSA, every person should know that they have the right to seek legal help if involved in a truck accident. Contacting an attorney after such an incident is always recommended.
Damage to soft tissues can leave people struggling with pain and other health complications.
Whether New Yorkers are in a car accident, a slip-and-fall while in a grocery store parking lot or have been struck by an object, they can suffer what is often referred to as soft tissue injuries. Soft tissue injuries sound fairly minor but they do have the potential to lead to additional problems. Therefore, it is important for people to gain an understanding of them.
What is soft tissue?
Most people think of soft tissue as muscle, but the University of California-Davis Medical Center identifies soft tissue as the skin, tissue beneath the skin, muscles, nerves and blood vessels. These different components are responsible for the transportation of blood, feeling, movement and senses.
What are the different types of injuries that occur to soft tissue?
One of the most common types of injury under the soft tissue classification is whiplash. Whiplash is solely associated with car accidents and especially in ones where the driver's car was struck from behind. The National Institute of Neurological Disorders and Stroke states that when people are the recipients of a jolt from the back, the neck will suddenly flex and extend, which causes damage to the muscles and other surrounding tissue.
In addition to whiplash, the American Academy of Orthopaedic Surgeons states that soft tissue injuries can include contusions, strains and sprains. These are categorized as acute injuries because they were caused by a traumatic event.
How are soft tissue injuries treated?
Treatment of soft tissue injuries often depends on the type of injury that has been incurred. For whiplash, people may need to wear a cervical collar to keep the neck from moving around too much. Doctors also often prescribe drugs that will keep muscles relaxed, control inflammation, decrease pain and even combat depression. In some severe cases, people may need cervical traction or physical therapy.
Other types of injuries will often require rest, compression and ice packs. Doctors may also recommend that people stay away from using the leg, arm or back for activities during the healing period.
What complications are associated with soft tissue injuries?
Soft tissue injuries that are serious in nature do pose threats to people. One of these is the failure of the renal system, which can occur with compression injuries. If the tissue injury is accompanied by an open wound, people have a higher risk of developing an infection. In cases where a large amount of tissue has suffered damage, bleeding issues are a possibility.
Some people with a whiplash injury may struggle with headaches and pain for a long time afterward. In other cases, whiplash can also include damage to discs. Spine-health states that small tears may appear in the discs or the inner core of the disc could be pushed out, coming into contact with the root of a spinal nerve. People with this condition may suffer tingling in their arm, numbness, weakness of muscles or shooting pain.
People in New York who are injured through the negligent actions of another have the legal right to pursue compensation for their medical care and other damages. They should consider meeting with an injury attorney to learn more about the process.
