Blog > Greenberg & Stein > Categories > How to Report Police Misconduct in New York: A Comprehensive Guide

How to Report Police Misconduct in New York: A Comprehensive Guide

The conduct of individuals tasked with upholding the rule of law must be held to the highest standards in a society ruled by the rule of law. The members of the police force perform an important role in ensuring peace and security, yet there are cases of wrongdoing, as in any profession.

To respect the ideals of justice and accountability, a robust system for reporting and resolving police misconduct must be in place.

This detailed guide tries to shed light on the reporting of police wrongdoing in New York. Understanding the protocols involved can make a huge difference in keeping police enforcement accountable for their conduct, whether you’re a victim, a witness, or simply a concerned citizen.

What Is Police Misconduct and Why Is It Important to Report It?

The incorrect or illegal actions, behaviors, or abuses of authority committed by law enforcement agents while doing their jobs are referred to as police misconduct.

Excessive use of force, false arrests, racial profiling, misuse of authority, forging evidence, unlawful searches and seizures, and failing to interfere while witnessing wrongdoing by fellow officers are all examples of misconduct.

It is critical to report wrongdoing in order to hold law enforcement agents responsible for their acts.

Police officers are given a lot of authority and power, and accountability ensures that they utilize that power appropriately and within the law.

Are There Different Kinds of Misconduct I Should Be Aware Of?

Police misconduct refers to a wide range of improper behaviors perpetrated by officers of the law. It is critical to distinguish the many types of wrongdoing in order to comprehend their relevance.

Some examples of common police wrongdoing are:

  • Excessive Use of Force: This occurs when an officer employs more force than necessary to subdue a suspect, often resulting in injuries or even death.
  • False Arrest: When an officer unlawfully detains an individual without proper legal justification, it constitutes a false arrest.
  • Racial Profiling: Profiling individuals based on their race or ethnicity is a grave violation of civil rights and constitutes misconduct.
  • Abuse of Authority: Officers must exercise their authority responsibly. Abuse of authority can be defined as the misuse of power, harassment, or intimidation.
  • Fabricating Evidence: If an officer plants or manipulates evidence to secure a conviction, it is considered misconduct.
  • Unlawful Searches and Seizures: Conducting searches without a valid warrant or probable cause is a violation of an individual’s Fourth Amendment rights.
  • Failure to Intervene: It is considered complicity in wrongdoing when an officer fails to prevent or disclose misconduct by their colleagues.

How Do I Identify and Document Instances of Police Misconduct?

Recognizing police misconduct might be difficult, but there are actions you can take to identify and document such incidents:

  • Stay Calm and Observant: In the event of a police contact, try to remain calm and study the situation carefully. Take mental notes on what is going on.
  • Record Video Evidence: Use your smartphone to record video footage of the interaction if it is safe to do so. Video evidence can be vital in proving wrongdoing.
  • Collect Witness Information: Obtain the contact information of any witnesses that are present. Their testimony can back up your story.
  • Document Injuries or Damage: If you or someone else is harmed or property is damaged as a result of the interaction, get medical assistance and photograph the injuries or damage.
  • Write Down Details: Write down a thorough account of the occurrence as soon as possible, including the date, time, location, names and badge numbers of the officers involved, and any specific acts or words that prompted concerns.

Is There a Way for Me to Report Misconduct Without Revealing My Identity?

Reporting police misbehavior can be intimidating, especially if you are concerned about retaliation or want to stay anonymous. Fortunately, there are safeguards in place to safeguard your identity:

  1. Many law enforcement agencies feature anonymous tip hotlines where you can report wrongdoing without exposing your identity. These hotlines are intended to safeguard whistleblowers.
  2. Speak with an attorney who has handled instances involving police misconduct. They can provide you with advice on how to continue while protecting your identity.
  3. In some situations, you may be able to report police misbehavior to organizations or advocacy groups that focus on police accountability. They can function as go-betweens to protect your identity.

Can I Take Legal Action Against Police Misconduct in New York City?

Yes, you have the legal right to sue police in New York City, as provided by both federal and state statutes. Legal action can be a powerful tool for seeking justice and holding police personnel responsible for their actions.

What Evidence Do I Need to Present to Sue for Police Misconduct?

Legal action against police misbehavior in New York City is conceivable, but sufficient evidence is required to make a solid case. To sue for police wrongdoing, you must typically present:

  • Documentation: Your detailed account of the incident, witness statements, and any video or photographic evidence you have collected.
  • Medical Records: If you suffered injuries, medical records can substantiate your claims.
  • Expert Testimony: Expert witnesses may be needed to analyze the evidence and provide professional opinions regarding the misconduct.
  • Legal Representation: Hiring a police misconduct attorney is crucial. They can guide you through the legal process, help gather evidence, and advocate on your behalf.

How Can Hiring a Police Misconduct Attorney Benefit Me?

Hiring a police misconduct attorney can help your case tremendously. They bring skill, experience, and legal knowledge to the table, ensuring that your rights are safeguarded and your chances of victory are maximized.

The following are some of the advantages of employing an attorney:

  • Legal knowledge: Police misconduct cases can be complicated. An attorney understands the subtleties of the law and can efficiently navigate the legal system.
  • Attorneys have access to detectives, expert witnesses, and other resources that can help your case.
  • Negotiation Skills: Attorneys can negotiate a fair settlement with the police agency or the city on your behalf.
  • If your matter gets to trial, an attorney can represent you in court and state your argument persuasively.

What Is the Civilian Complaint Review Board, and How Can They Help?

The Civilian Complaint Review Board (CCRB) is an independent entity in New York City that investigates accusations of police misconduct. They play an important role in guaranteeing police accountability.

You can complain to the CCRB in person, over the phone, or online. They will conduct an investigation into the complaint, interview witnesses, and collect evidence.

The CCRB’s conclusions can result in disciplinary action against the officers implicated, such as suspension, termination, or retraining. It is a critical means for individuals to hold law enforcement accountable.

What Will Happen After I File My Complaint Against the Police?

Following the filing of a complaint against the police, whether with a local police department, the New York City Police Department (NYPD), or an oversight agency such as the Civilian Complaint Review Board (CCRB), a number of events normally occur as part of the investigation and resolution process.

Following a complaint against the police, you may normally expect the following:

  1. The agency that receives your complaint will first acknowledge receipt of it. They will review the complaint to ensure that it is complete and includes enough information about the incident, such as the date, time, and place, as well as the names or badge numbers of the officers involved.
  2. An investigation will be launched after your complaint has been approved. The government may assign one or more investigators to look into the accusations. Gathering evidence, interviewing witnesses (including you), and analyzing any available records, like body camera footage or police reports, may be part of this investigation.
  3. Investigators may contact you to schedule an interview about the occurrence. Cooperation with the investigation is crucial, as is providing any required information, evidence, or testimony truthfully and to the best of your ability.
  4. When the investigation is over, the agency will draw conclusions based on the evidence and testimony gathered. These findings may determine whether the charges of misbehavior are supported, unsupported, or unfounded.
  5. You will be informed about the outcome of the inquiry and any actions taken against the police involved, if any. This notification is necessary to ensure transparency and that you are aware of the resolution.

How Long Should I Expect the Police Misconduct Investigation to Last?

You may be wondering what happens next after making a complaint against the police. The length of an investigation into police misconduct can vary based on numerous factors, including the intricacy of the case and the availability of evidence and witnesses. These investigations can take many months, a year, or more in New York City.

Finally, reporting police misbehavior is an important step toward ensuring justice and accountability within law enforcement institutions. Understanding the various types of misbehavior, documenting instances, and understanding how to report misconduct while safeguarding your identity are all critical components of this process. Legal action, with the advice of an experienced police misconduct attorney, may also be very beneficial.

Greenberg & Stein P.C.

If you’ve experienced or witnessed police misconduct, we are here to help. At Greenberg & Stein P.C., we are committed to upholding justice, defending your rights, and holding law enforcement accountable for their actions.

Our experienced team of attorneys specializes in police misconduct cases and will tirelessly advocate for your interests. Contact us at 212-681-2535 to schedule a free consultation to review your case.

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Blog > Greenberg & Stein > Categories > Your Guide to Choosing the Ideal Medical Negligence Lawyer

Your Guide to Choosing the Ideal Medical Negligence Lawyer

Finding the appropriate lawyer in a medical negligence case might mean the difference between gaining justice and confronting insurmountable obstacles.

Medical negligence, often known as medical malpractice, arises when the actions or inactions of a healthcare professional vary from the established standard of care, causing harm to a patient.

If you suspect you have been the victim of medical malpractice, it is critical that you get legal counsel.

What Exactly Is Considered Medical Negligence?

Before getting into the complexities of locating the best lawyer for a medical negligence case, it’s critical to understand what medical negligence comprises.

When a healthcare provider, such as a doctor, nurse, or hospital, fails to deliver the standard of care that a reasonably responsible medical professional would provide under identical circumstances, this is referred to as medical negligence.

Misdiagnosis, surgical blunders, pharmaceutical errors, and the inability to acquire informed consent are all examples of neglect.

Why Is It Crucial for Me to Find the Right Lawyer for Medical Negligence Cases?

Finding the right lawyer for your medical negligence case is extremely crucial. The legal representation you choose can have a substantial impact on the result of your case and your capacity to get justice and compensation. Here are a few compelling reasons why it is critical to hire the proper medical negligence lawyer:

  • Specialized Expertise: A medical negligence lawyer understands the complexities of medical processes, standards of care, and relevant laws and regulations. They know how to navigate this particular subject in order to construct a compelling argument on your behalf.
  • Assessment of Validity: A vital first step is determining the legitimacy of a medical negligence claim. A skilled medical malpractice attorney can review your case and tell you whether you have a solid claim.
  • Negotiation Skills: Many medical negligence cases are settled or resolved by negotiation. An experienced lawyer understands how to negotiate with the opposing party, which is usually the healthcare provider’s insurance company. 
  • Litigation Experience: When a settlement cannot be reached, litigation is essential. A skilled medical malpractice attorney is ready to take your case to court. They have a thorough understanding of court procedures, evidence presentation, and legal arguments. 
  • Maximizing Compensation: In a medical negligence case, the ultimate goal is to receive reasonable compensation for the harm you have incurred. An experienced lawyer understands how to calculate and optimize your potential compensation, which may include both economic and non-economic damages (pain and suffering, emotional anguish).

How Do I Know If I Have a Valid Medical Negligence Claim?

The process of determining the legitimacy of a medical negligence lawsuit is complicated. You must demonstrate the following elements to make a successful claim:

  1. Duty of care: You must demonstrate that a healthcare professional owes you a duty of care. This is typically simple because doctors and medical professionals have a responsibility to offer competent care to their patients.
  2. Breach of duty: You must demonstrate that the healthcare professional failed to fulfill the established standard of care, thereby breaching their duty of care. Expert testimony is frequently required to determine what the standard of care should have been.
  3. Causation: You must prove a direct link between the negligence of the healthcare provider and the harm you sustained. This can be difficult and may necessitate expert testimony.
  4. Damages: As a result of the medical malpractice, you must have experienced actual damages. Medical bills, lost pay, pain and suffering, and other expenses are examples of damages.

What Types of Damages Can I Claim in a Medical Negligence Case?

If you have been harmed as a result of medical negligence, you may be entitled to several sorts of damages as recompense for your losses. These damages are divided into various categories, each of which addresses a distinct aspect of your losses and injuries. 

In a medical negligence lawsuit, you can usually seek the following sorts of compensation:

  • Medical expenditures, lost pay due to missed work, rehabilitation fees, and any other financial losses directly attributable to negligence are all examples of economic damages.
  • Intangible losses such as pain and suffering, mental anguish, and loss of quality of life are examples of non-economic damages. Calculating non-economic losses might be difficult, but it is an important component of any claim.
  • Punitive Damages: In some situations, punitive damages may be granted to penalize the healthcare professional and deter future wrongdoing if the negligence was sufficiently egregious.

Can a Medical Negligence Claim Affect My Ongoing Medical Treatment?

Many people are concerned about the implications of a medical negligence claim for their continued medical treatment.

It is critical to recognize that pursuing a medical negligence claim should not prevent you from receiving necessary medical care. Your lawyer can assist you in addressing these concerns and advising you on the best course of action.

How Do I Start My Research to Find the Right Personal Injury Lawyers?

Finding the best medical negligence lawyer necessitates extensive research and thought. Here are some pointers to get you started:

  • Seek references: Begin by seeking references from friends, family members, or colleagues. Personal referrals can provide vital insight into a potential lawyer’s expertise and dependability.
  • Online Research: Look for skilled medical negligence lawyers in your area using online resources. You can acquire information about possible applicants by using websites, legal directories, and social media channels.
  • Verify Credentials: Check the credentials and qualifications of the attorneys on your list. Check if they are licensed to practice in your state and have experience with medical negligence cases.
  • Interview Potential Attorneys: Make appointments with various lawyers to discuss your situation. These sessions should be used to examine their knowledge, communication skills, and willingness to take on your case.
  • Inquire about the lawyer’s fee structure, particularly whether they work on a contingency basis, which means they only get paid if you win your case.
  • Check the Lawyer’s Track Record: Find out about the lawyer’s track record in handling medical negligence claims. A lawyer with a track record of securing fair settlements or verdicts is a useful asset.

How Can a Medical Negligence Lawyer Help Me Get Justice?

A knowledgeable medical malpractice attorney can help you pursue justice. Here’s how they can help:

  1. Case Evaluation: Your lawyer will evaluate the strength of your case by gathering evidence, speaking with medical specialists, and determining who is liable.
  2. Negotiation: They will negotiate with the opposing side, usually the healthcare provider’s insurance company, in order to reach a fair settlement. Negotiation skills are essential for achieving the best possible conclusion.
  3. Litigation: If you and your lawyer are unable to reach an agreement, your lawyer will be prepared to take your matter to court. They will represent your interests before a judge and jury, provide evidence, and argue your case.
  4. Medical negligence claims are extremely specialized, necessitating knowledge of medical procedures and standards of care. Your lawyer will be able to traverse this difficult terrain.
  5. Advocacy: Throughout the legal process, your lawyer will be your advocate, ensuring that your rights are safeguarded and fighting for the recompense you deserve.

How Long Does a Medical Negligence Lawsuit Typically Take?

The length of a medical negligence lawsuit can vary greatly based on various factors, including the case’s complexity, the opposing party’s desire to settle, and court scheduling. These situations can take several months to many years to resolve, on average.

How Can I Ensure I Get the Justice I Deserve?

To ensure you get the justice you deserve, consider the following:

  1. Patience: Recognize that legal processes take time and that delays are common. Maintain open communication with your lawyer and be patient.
  2. Thoroughness: Work together with your lawyer to submit all required information and paperwork as soon as possible. Your assistance may speed up the legal process.
  3. Consultation: Keep in touch with your lawyer to stay up-to-date on the status of your case and any potential settlement offers.
  4. Trust Your Lawyer: Put your trust in your lawyer’s knowledge and advice. They are looking out for your best interests and will steer you in the right direction.

Greenberg & Stein P.C.

If you or a loved one has been the victim of medical malpractice, you deserve unflinching support and unrivaled legal competence.

We understand the significant impact that medical malpractice may have on your life at Greenberg & Stein P.C., our expert legal team is dedicated to fighting diligently on your behalf, holding negligent healthcare professionals accountable, and obtaining the justice and recompense you deserve. Call us at 212-681-2535 to schedule a free consultation to review your case. 

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Blog > Greenberg & Stein > Categories > NYC’s Most Vulnerable Pedestrians: Legal Guidance from a New York Pedestrian Accident Lawyer

NYC’s Most Vulnerable Pedestrians: Legal Guidance from a New York Pedestrian Accident Lawyer

With its bustling streets and steady flow of traffic, New York City presents unique obstacles for pedestrians of all ages.

Children and the elderly, however, are typically the most vulnerable members of our community when navigating the city’s crowded thoroughfares.

Naturally, when a youngster or an elderly person is wounded as a result of someone else’s negligence, they can seek compensation for their injuries.

Nonetheless, the legal system is not without its difficulties. The goal of this blog is to shed light on the legal complexities and procedures to follow after a tragic tragedy involving these vulnerable populations.

Why Are Children and the Elderly More at Risk as Pedestrians in NYC, and How Do Their Cases Differ?

Children and the elderly are more at risk as pedestrians in New York City for a variety of reasons, and their cases differ due to their unique vulnerabilities and circumstances.

What Makes Children Such Vulnerable Pedestrians in the Busy Streets of NYC?

The fast-paced lifestyle, packed streets, and constant flow of automobiles in New York City make it especially difficult for youngsters to navigate safely as pedestrians.

Because of their smaller stature and lack of experience in driving circumstances, they are more likely to be involved in an accident.

Children frequently lack the judgment and awareness necessary to navigate busy intersections, and they may be less visible to vehicles.

Are Certain Areas or Times Riskier for Children, and Why?

Certain regions and times of day in New York City are more dangerous for youngsters as pedestrians. Some of the most dangerous areas are school zones during drop-off and pick-up times, bustling commercial districts, and junctions with heavy traffic. The confluence of automobiles and pedestrians in these regions provides a high-risk situation for young pedestrians.

Why Are the Elderly Considered High-Risk Pedestrians in NYC?

When walking around New York City, the elderly encounter unique problems. Age-related problems such as decreased mobility, longer reaction times, and deteriorating vision and hearing can make them more vulnerable.

The uneven sidewalks, inadequate pedestrian-friendly infrastructure, and fast-paced traffic in New York City add to the dangers for senior walkers.

How Do Age-Related Factors Contribute to Their Vulnerability?

Age-related variables contribute significantly to the elderly’s vulnerability as pedestrians. Reduced mobility can make it difficult for individuals to cross roadways quickly, and diminishing cognitive functioning can have an impact on their decision-making ability in traffic situations.

Furthermore, decreased eyesight and hearing can reduce their awareness of impending traffic.

After an Accident Involving a Child or Elderly Person, What Immediate Steps Should Be Taken?

In the sad event of a pedestrian accident involving a child or an elderly person, it is critical to act quickly to protect their safety and well-being. Whatever the conditions, the following activities should be undertaken:

  1. Seek Medical Attention: The first priority is to ensure the victim’s health and well-being. Call 911 or seek medical assistance immediately, even if the injuries seem minor.
  2. Notify Authorities: Contact the police to report the accident and document the incident. A police report can be valuable for legal purposes.
  3. Gather Information: Collect relevant information from the scene, including the names and contact details of witnesses, the driver’s information, and any photographs or videos that can serve as evidence.
  4. Preserve Evidence: Preserve any physical evidence, such as damaged clothing or personal belongings, that may be critical for a future legal case.
  5. Do Not Admit Fault: Avoid admitting fault or making statements that may be used against you later.

How Do Legal Nuances Differ for Accidents Involving Children vs. the Elderly?

Accidents involving children and the elderly frequently include legal complexities that must be taken into account. Understanding these distinctions is critical when pursuing justice and compensation for victims.

Are There Specific Laws or Regulations That Protect These Vulnerable Groups?

To safeguard pedestrians, particularly children and the elderly, New York State has enacted a number of laws and restrictions.

These laws may establish speed restrictions in school zones, crosswalk regulations, and pedestrian yielding procedures.

Understanding these rules is essential when determining culpability in pedestrian accidents.

How Might Legal Accountability Differ When a Minor or Senior Is Involved?

Due to the unique conditions surrounding each group, legal liability in accidents involving children or the elderly can differ. Due to their duty of care, the adult driver may bear the majority of the culpability in circumstances involving minors. However, other factors, like parental supervision and obedience to driving laws, can also play a role. The driver’s duty of care remains vital in incidents involving the elderly, although concerns linked to the senior pedestrian’s condition and ability to observe traffic signals may be closely considered.

Why Is Hiring a Personal Injury Lawyer Crucial for These Specific Cases?

Hiring a personal injury lawyer is critical in pedestrian situations involving youngsters and the elderly in New York City. These attorneys have the knowledge and experience necessary to negotiate the complexities of such situations and ensure that victims receive the recompense they deserve. They are able to:

  • Thoroughly investigate the accident, obtaining evidence and witness testimony.
  • Determine culpability and whether carelessness was involved.
  • Negotiate with insurance companies to obtain reasonable compensation.
  • Advocate for the victim’s best interests, taking into account long-term medical care and emotional distress.
  • If a settlement cannot be achieved, prepare a solid legal case for court.

If the Responsible Party Apologizes and Offers Compensation, Should I Still Consult a Lawyer?

Even if the responsible party apologizes and provides compensation, it is still prudent to seek the advice of a personal injury attorney.

While their offer may appear reasonable at first glance, it is critical to evaluate the long-term effects of the accident, such as prospective medical expenditures, continued therapy, and mental damage.

An expert attorney can evaluate the offer and negotiate a more equitable settlement that accounts for the victim’s future requirements.

How Can an Experienced Attorney Navigate the Unique Challenges Presented by Cases Involving Children or the Elderly?

Experienced personal injury lawyers are well-equipped to manage the special issues offered by pedestrian situations involving youngsters or the elderly. They are able to:

  • Handle Tense Situations: Attorneys are aware of the emotional toll that these incidents may have on families and victims. Throughout the legal process, they provide empathetic guidance.
  • Collect Expert Testimony: In instances involving the elderly, attorneys may consult with medical experts to determine the impact of age-related factors on the victim’s injuries and rehabilitation. Child development professionals can help children understand their specific vulnerabilities.
  • Build Strong Cases: Attorneys employ their expertise to develop a persuasive case, integrating evidence, witness testimony, and expert views.
  • Navigate Insurance Claims: They have experience negotiating with insurance companies, ensuring that victims receive the amount to which they are legally entitled.

New York Pedestrian Accident Lawyer

When it comes to seeking justice and fair compensation after a pedestrian accident involving children or the elderly in the bustling streets of New York City, you need a legal partner with a proven track record of expertise and compassion.

That partner is Greenberg & Stein, P.C. With a team of experienced personal injury lawyers who understand the unique challenges these cases present, we are dedicated to advocating for the rights of the most vulnerable pedestrians.

Contact us at 212-681-2535 to schedule a free consultation to review your case.

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Blog > Animal Attacks > Categories > The Importance of a NY Dog License in Personal Injury Cases

The Importance of a NY Dog License in Personal Injury Cases

In the US, dogs are by far the most common pet.

There are roughly 600,000 pet dogs in New York City. Since they are loving, devoted, and excellent companions, dogs are popular with most people. Yet, there will probably be some dog bite incidents given the sheer number of dogs.

In New York, all dog owners (with a few exceptions) must license their dogs. If an unlicensed dog bites someone, the owner may face harsher penalties than if the dog had been licensed.

Also, it is simpler to locate pertinent information about the dog, such as its history of vaccinations or any past documented assaults, when the dog is licensed.

Do I Need a License for a Dog in NYC?Greenberg & Stein P.C. | Contact Us To Get Help

Why Do I Need a License for a Dog in NYC?

Getting a license for your dog not only has several benefits but it is required by the law.

According to New York state laws and regulations, all dogs that are 4 months or older need to be licensed. Dog owners must ensure that their dogs have their licenses attached to their collars when they are in public areas like parks.

If you are caught with an unlicensed dog in a public area you may face a fine of $200. 

The likelihood that you will locate your dog if they become lost is one of the main advantages of acquiring a license for your dog. Dog owner information is linked to dog licenses. As a result, if your dog escapes and is caught, someone will be able to get in touch with you so you may retrieve it.

The fact that dog licenses are also connected to the dog’s vaccination record is a very significant benefit. This makes it simpler to determine whether a dog has gotten all essential vaccinations. Checking to see if the dog has had a rabies vaccination is one of the most crucial things to do after a dog bites someone. It is quite simple and quick to examine that information thanks to licensing.

What Dogs Must Be Licensed?

In the state of New York, all dogs are required to be licensed when they reach four months of age, except for service dogs.

Even guard dogs must be licensed, although the fee may be different.

Licensing is done on a yearly basis and requires proof of current rabies vaccination. Some cities or municipalities may have additional licensing requirements, so it is always a good idea to check with your local government to see if there are any additional rules or regulations that apply to your specific area.

The cost of getting a new license or renewing the license in New York City will depend on whether the dog has been neutered or spayed. For neutered or spayed dogs there is an $8.00 fee and for non-neutered/spayed the fee is $34.50.

You can license a dog by attending a dog licensing event organized by the Department of Health and Mental Hygiene. You can find more information about these events on their website

Liability in a Dog Bite Injury Case

In New York, dog owners can be held liable for damages beyond medical expenses caused by their dogs under certain circumstances.

Specifically, New York uses a combination of the “one-bite” rule and “strict liability”. This means that when a dog bites someone, the owner is automatically held liable for any losses related to medical expenditures.

However, if the dog had a tendency to bite or act aggressively or it had already bitten someone in the past, it can be held liable for damages beyond medical expenditures even for the first bite. These damages can be lost wages, property damages, and other noneconomic damages such as pain and suffering.

It is worth noting that there are some exceptions to these rules. For example, a person who is trespassing on private property may not be able to hold the dog owner liable for injuries caused by the dog.

Additionally, if the person who was bitten was taunting or otherwise provoking the dog, the dog owner may be able to argue that the person was partially or fully responsible for their own injuries.

WHAT ARE NEW YORK CITY DOG BITE LAWS? Greenberg & Stein P.C. | Contact Us To Get Help

How a NYC Dog License Can Impact Liability in a Dog Bite Injury Case

Not having a license for your dog could lead to a perception that you are an irresponsible owner. This may increase the liability you face if your dog bites someone, as it suggests that you have not taken the necessary precautions to ensure your dog is well-trained, socialized, and vaccinated. 

On the other hand, a valuable piece of information that is attached to a dog’s license is a record of any incident. This means that if a dog has bitten someone in the past, that event will be documented.

If a licensed dog bites someone for the first time, the dog owner can prove that it has never happened before. It can be greatly beneficial for the dog owner to be able to demonstrate that the dog has never been aggressive because this would release them from liability for any damages beyond medical costs.

The Importance of Working With an Experienced Dog Bite Injury Attorney

An experienced dog bite attorney will have handled many similar cases and will be familiar with the legal issues that are specific to dog bite cases. They will be able to assess the strength of your case and determine the best course of action.

Additionally, a dog bite injury attorney will have strong negotiation skills and will be able to negotiate effectively with insurance companies and other parties involved in the case 

Greenberg & Stein P.C. is a prestigious law firm located in New York. Here you can find attorneys with vast experience and extremely knowledgeable of New York laws.

Our legal team has helped numerous people that have been involved in dog bite incidents. Do not hesitate to contact us at 888-716-3843 to schedule a free consultation to review your case.

Blog > Accident Lawyer > Categories > Who Pays for Car Damage in a No-Fault State Like New York?

Who Pays for Car Damage in a No-Fault State Like New York?

New York is one of the states that use no-fault laws. Basically, no-fault laws allow people who have been involved in an accident to be reimbursed for their losses by their own insurance company.

Nonetheless, no-fault benefits do not cover property damage. This means that the driver who was at fault for the car accident has to pay for any property damage.

In New York, drivers must carry at least $10,000 in property damage coverage. In most cases, the person who was not at fault will have to file a claim with the at-fault driver’s insurance company to get compensated.

How Insurance Companies Determine Who Pays for Car Damage in a No Fault State
Who Pays for Car Damage in a No-Fault State Like New York? | Greenberg & Stein P.C. | Contact Us To Get Help

Understanding The Basics of No-Fault Insurance In New York State

No-fault laws are not used in every state in the country. However, New York is one of the few states with no-fault laws. 

Benefits of New York’s No-fault Law

New York’s no-fault laws allow individuals who have been involved in an accident to recover compensation for their injuries from their own insurance companies regardless of who was at fault.

The main purpose of no-fault benefits is to help New Yorkers receive compensation and medical attention as soon as possible so they can quickly reincorporate into their usual activities.

Another purpose of these laws is to reduce the number of personal injury lawsuits filed due to car accidents. Since no-fault benefits are conceded regardless of who was at fault or if there was negligence, it is not necessary to go to court to get compensation for medical expenses.

Under no-fault laws, it is only possible to file a personal injury lawsuit if they sustained a serious injury or their economic losses exceed $50,000. 

The law classifies the following injuries as “serious injuries”:

  • Death
  • Dismemberment
  • Significant disfigurement
  • Fracture
  • Loss of a fetus
  • Permanent loss of a body organ, member, function, or system
  • Permanent consequential limitation of use of a body organ or member
  • A significant limitation of the use of a body function or system
  • Medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.

What Damage Does No-Fault Insurance Cover?

The following damages are covered by your own insurance policy, up to the limits of your coverage:

  • Medical expenses: This includes all necessary medical treatment, including hospitalization, doctor’s visits, and medication.
  • Lost wages: In New York, no-fault insurance can provide coverage for lost wages if you are unable to work due to injuries sustained in a car accident, up to a maximum of $2,000 per month for up to three years. This coverage is subject to the policy’s limits and deductibles.
  • Replacement services: If you are unable to perform tasks that are part of your normal daily routine, such as housekeeping or childcare, no-fault insurance can cover the cost of hiring someone to perform those tasks for you.
  • Funeral expenses: If a person is killed in an accident, no-fault insurance can cover reasonable funeral and burial expenses.

It is important to note that no-fault insurance only covers damages related to the accident itself, not damages to other people’s property or injuries that exceed the serious injury threshold.

If you are found to be at fault for an accident, your liability insurance will cover damages to the other driver’s vehicle and any other property damage or injuries they sustained.

No Fault Insurance In New York State
No-Fault Insurance In New York State | Greenberg & Stein P.C. | Contact Us To Get Help

Who Receives No-Fault Benefits in New York?

In a no-fault insurance system, benefits are paid to the policyholder who has been injured in a car accident.

This means that if you are involved in a car accident in a no-fault state like New York, your own insurance company will pay for your medical expenses, lost wages, and other expenses related to your injuries, regardless of who was at fault for the accident.

In addition to the policyholder, other individuals who may be eligible to receive no-fault benefits in New York include:

  • Passengers in the policyholder’s car were injured in the accident.
  • Pedestrians who are struck by the policyholder’s car.
  • Bicyclists who are struck by the policyholder’s car.

Keep in mind that in order to receive no-fault benefits, you must file a claim with your own insurance company within a certain period of time after the accident. In New York, the deadline to file a no-fault claim is 30 days from the date of the accident.

How No-Fault Insurance Impacts Car Damage Claims in NY

In New York, the only way to get compensation for your injuries is by submitting a claim with your own insurance company.

As mentioned previously, the only two ways to step out of the no-fault system are:

  • Having suffered a “serious injury”
  • Having economic losses that exceed your policy limits

If none of these conditions are met, it is not feasible to file a lawsuit. 

Since your own insurance provider is the one paying for your medical expenses and lost wages, you will need to give them evidence to support your claims.

Unfortunately, in most cases, insurance companies will try to pay as little as they can. Therefore, it is important to work with an experienced personal injury attorney that knows how to negotiate with insurance companies. Y

ou do not want to end up settling for a low amount.

How Insurance Companies Determine Who Pays for Car Damage in a No-Fault State

Just like in any other state, you will need to provide the insurance company with evidence that can demonstrate that their insured was at fault.

You use police reports, photos, videos, or anything else that can clarify the details of the accident as evidence. 

Insurance Policy Limits in New York

In New York State, the minimum insurance requirements for drivers are as follows:

  • $25,000 for bodily injury per person
  • $50,000 for bodily injury per accident
  • $10,000 for property damage per accident

This is often written as 25/50/10 coverage. It is important to note that these are only the minimum requirements and drivers may choose to purchase additional coverage for added protection. 

If your car is damaged due to someone else’s negligence but the cost of the repair exceeds their policy limits, the insurance company will not pay more than the maximum allowed by the policy.

In this case, you can sue the at-fault driver for the exceeding amount. You can also use your own coverage to pay for the remaining amount. 

In the event that your vehicle is damaged in a car accident but the repair costs exceed the book value of the car, the insurance company is legally allowed to pay just the amount reflected in the book. 

Who Pays for Car Damage in a No Fault State Like New York
Who Pays for Car Damage in New York?  | Greenberg & Stein P.C. | Contact Us To Get Help

The Importance of Working with an Experienced Car Accident Attorney

Getting fair compensation for the damage that has been done to your property due to someone else’s negligence is crucial. Nonetheless, insurance companies will try to pay as little as possible.

Dealing with insurance companies at the same time that you are probably recovering from your injuries and being unable to work is very difficult. Working with an experienced car accident attorney can make a huge difference.

Car accident attorneys will not only help you gather all the evidence you need to make a claim, but they can also negotiate with insurance companies to make sure you get the compensation you deserve.

Greenberg & Stein P.C. is a prestigious NY personal injury law firm where you can find very experienced car accident attorneys ready to help you. Contact us at 888-716-3843 to schedule a free consultation to review your case.

Blog > Accident Lawyer > Categories > Who is Liable if I Slip and Fall in The Subway?

Who is Liable if I Slip and Fall in The Subway?

New York Subway
New York Subway accident

New York City has one of the biggest subway systems in the world and biggest in the United States. Millions of people use the subway everyday to move around the city. In a system so big and busy, it is inevitable that accidents occur. One of the most common incidents in subways are slip and falls accidents.  The Metropolitan Transit Authority (MTA) may or may not be held accountable for your injuries, depending on the circumstances of the accident. If the MTA could have avoided your damage by doing what they were required to do, they could be held liable for your accident. You must keep in mind that if you decide to initiate a lawsuit against the MTA, you should get legal advice from an experienced lawyer because it will not be an easy task. 

Common Causes of NYC Subway Accidents

Slip and fall accidents can occur due to a variety of causes. Here are some of the most common:

  • Poor illumination: The subway system in New York is primarily underground. As a result, subway stations do not receive natural light and must rely primarily on electrical lighting. It is not unusual to see lightbulbs that are not working in the subway system due to the enormous number of stations. However, the lack of proper illumination can cause someone to trip with an obstacle they were not able to see leading to a slip and fall accident.
  • Slippery floors: Slippery floors are very dangerous, especially in very crowded areas or where people usually walk fast, like subway stations. Slippery floors may be caused by the rain, a leak or simply the floor was recently mopped and it is still wet. Regardless of the cause, slippery floors have to be properly marked or blocked in order to prevent people from walking on them and potentially getting injured.
  • Ice or snow: During winter, the MTA has to be especially careful with snow and ice. When the steps that lead to the station are covered in snow or ice, it is very likely that someone may slip and fall. These kinds of accidents can result in very serious injuries. The authorities must ensure that snow and ice are regularly removed during winter time. 
  • Cracked or uneven flooring: When the floor or steps are fractured or have bulges that make the surface uneven, the danger of a slip and fall accident increases. These surface abnormalities must be identified or covered with something to prevent people from walking over them.
  • Damaged or absent handrails: Handrails are essential for maintaining balance when traveling down or up stairs. If the handrails are not correctly attached to the wall, someone may lose their balance and fall. Furthermore, in certain cases, the railing may not be present at all, posing a significant risk to persons with coordination issues or the elderly.
  • Defective repairs: Subway stations are always being repaired or upgraded. The majority of repairs and modifications to the stations are performed by specialists who usually do an excellent job. However, it is possible that a repair will be defective or it was not tested before allowing people to have access to the area, causing someone to fall and sustain a fall injury.

Who Controls The NYC Subway?

The subway system in New York City is controlled by the Metropolitan Transit Authority (MTA). This entity is a public benefit corporation that is in charge of public transportation in the New York City metropolitan area. The MTA network includes the largest bus fleet in the country as well as more subway and commuter rail cars than all other U.S. transit systems combined.

MTA’s Role in Subway Stations

The MTA is responsible for the administration and development of the New York City subway. As the subway system’s managers and administrators, the MTA is responsible for keeping subway stations in good condition and making any necessary repairs to ensure the safety of subway users. The MTA cannot be held liable for every slip and fall accident that occurs on subway property. However, if the accident was caused by a lack of maintenance or noncompliance with MTA’s duty, they may be held accountable.

What Is The Statute of Limitations Filing a Slip and Fall Lawsuit against the NYC Subway?

If you were involved in an accident on MTA property and you believe they are liable for your injuries, you can initiate a lawsuit against the MTA. However, due to the fact that they are not a private company, there are some steps that you must follow. The first thing you need to do is to submit a notice of claim against the MTA within 90 from the date of the accident. This notice of claims is used to let MTA know that you plan on suing them. Once they receive this document, the MTA has 30 days to review it; you cannot file a lawsuit if these 30 days have not passed. In some cases the MTA will try to offer compensation to settle the case before going to court. If 30 days have passed since you submitted the notice of claim and you did not reach a settlement with the MTA, you can initiate a personal injury lawsuit against the MTA. Keep in mind that you have one year and 90 days to file a lawsuit. 

What Compensation Can a Subway Slip and Fall Victim Claim?

If you and your lawyer manage to demonstrate that the MTA is responsible for your injuries, you can recover the following damages:

  • Actual medical bills
  • Future medical bills
  • Costs of therapy
  • Modifications needed at the victim’s house to provide mobility
  • Lost wages
  • Pain and suffering

How Can I Successfully Sue The MTA For a Subway Slip and Fall Injury?

To be able to file a lawsuit against the MTA, it is important to seek legal advice from an experienced attorney. To successfully sue the MTA, you and your lawyer will have to work together to build a strong case. It is crucial to demonstrate that your injuries were caused by negligence from the MTA. For example, if there was a lightbulb that had not been working for weeks and the MTA was informed about that issue but it was never fixed, and then someone falls due to poor illumination, it is very likely that the MTA will be held liable for the injuries of that person. However, it is not always easy to demonstrate that the MTA was negligent. 

To increase your chances of succeeding at court, it is important to have the best representation possible. At Greenberg & Stein P.C. you will find some of the best attorneys in New York. Our legal team has handled numerous cases and we have recovered millions of dollars for our clients. If you have been a victim of a slip and fall accident in the subway, do not hesitate in contacting us. Call us at 212-969-8753 to schedule a free consultation with one of our attorneys for a case review. 

Blog > Accident Lawyer > Categories > 7 Facts You Should Know About Subway Accidents

7 Facts You Should Know About Subway Accidents

what you should know about subway accidents
What you should know about subway accidents

NYC Subway Accidents

New York City’s subway system is the largest in the United States and one of the largest in the world. Every day, about 4.3 million people use the subway to go work, to the university or any other place in the city. With so many people taking the subway, it is inevitable that some of them will be injured in an accident. According to the Metro Transit Authority (MTA), 158 people were killed by subways in 2020, with 58 of them dying. Even though the authorities take safety very seriously, hundreds of individuals are harmed in subway premises each year due to the authorities’ negligence. 

What Should You Do After a Subway Accident

A subway accident is a very unpleasant experience and can even lead to serious injuries. If you ever find yourself involved in a subway accident, there are some important steps that you should follow to avoid problems in the future. 

  • Do not give statements blaming anyone or admitting it was your fault. In case you need to explain what happened just stick to the facts and do not express your personal opinion. 
  • Gather as much evidence as possible. Take pictures of the scene, make sure all the objects that were important factors are captured. Take photos of your injuries. If someone witnessed your accident, you can ask them for their contact information in case you may need a statement from them in the future. 
  • Seek medical help. Even if you consider that you only suffered minor injuries, it is crucial to see a doctor as soon as possible. Some injuries cannot be detected immediately so it is better to have a professional check you to prevent future complications. 
  • Collect and keep copies of all the medical documentation you are given, this includes medical bills, exam results and medical records. 
  • Contact an experienced personal injury attorney. If your accident was caused by negligence from the MTA, you might be entitled to financial compensation but if you plan on filing a personal injury claim with the MTA you will need professional assistance. 

Injuries Caused by Subway Accidents in NY

Subway accidents can cause a variety of lesions that can range from minor to severe injuries. Here’s a list of some of the most common:

  • Fractures
  • Traumatic brain injury (TBI)
  • Spinal cord injuries
  • Internal bleeding
  • Sprains and strains
  • Concussions
  • Lacerations
  • Death

Most Common Causes of Subway Accidents

Most people believe that most accidents are caused by derailed trains, such as those we see on the news. Nonetheless, the majority of accidents remain unnoticed by the media because they are not so dramatic. These are some of the most common causes of accidents in the subway:

  • Wet and slippery floors: It is very common to see wet and slippery surfaces on rainy days. These areas can represent a great danger to the subway users. Slipping while going down the stairs can result in a very serious injury. The authorities should ensure that all wet areas, stairs or ramps are either blocked or cleaned to prevent someone from falling. 
  • Lack of illumination: Most of the subway system is underground, this means that natural light does not reach the majority of areas. Proper illumination is crucial to prevent people from tripping with an obstacle. 
  • Electrical shocks: Subways stations and trains have lots of electrical systems. In some cases these electrical systems may not be working properly and can cause someone to be shocked.
  • Lack of maintenance: Trains and stations have to be regularly maintained to ensure the safety of the users.  Some incidents like getting trapped between the doors are caused by lack of maintenance. 

Types Subway/Train Accidents in New York City

In crowded areas like the subway station, different kinds of accidents can happen. For example, one of the most common accidents is slipping and falling. Like previously mentioned, wet surfaces can be very dangerous because it is very easy to slip and fall when walking on a wet floor or ramp. Another type of accident that can occur in the subway system is persons becoming stuck between the train doors as they close. This type of collision might result in lacerations or crush injuries. Other types of subway accidents can be caused by operator errors, excessive speed, poor maintenance, and inadequate security.

Who is Liable if I Slip and Fall in The Subway?

Determining liability in a slip and fall accident in the subway is not as simple as you may think. Subway stations are very crowded places and many things can happen. The MTA will only be responsible for your accident if you are able to prove that due to their negligence you slipped and fell. For example, if there was an area in the station with uneven floors and poor illumination and those conditions were the cause of your injury, then you might be able to get compensation from the MTA. However, if your accident occurred because someone pushed you while walking and you fell, the MTA cannot be held responsible since they have no control over passengers and users of the subway.

How Long Do I Have to Report a Subway Accident?

Because the MTA is a government organization, you must take additional measures to report a subway accident and seek compensation. First, you will need to submit a notice of claim within 30 days from the date of the accident. This document basically lets the institution know that you are going to file a claim against them and you must describe the accident and the injuries you suffered. Once the 30 days have passed, you are allowed to initiate a personal injury lawsuit against the MTA. Keep in mind that you only have 1 year and 30 days after the accident to do this. If you fail to follow the steps in the appointed time, your case will be discarded.

Subway Accident Lawyer

If you have recently been involved in a subway accident, it is crucial to look for professional legal advice. If your injuries were caused by the negligence of the authorities you can pursue compensation, however, this is not a simple thing to do without the help of an experienced personal injury lawyer. At Greenberg & Stein P.C., you will find some of the best lawyers in New York. Our legal team has years of experience handling all kinds of cases and recovering compensation for our clients. Do not hesitate in contacting us to schedule a free consultation with one of our attorneys to review your legal options. Call us at 212-969- 8784.