Blog > Greenberg & Stein > Categories > Emerging Trends in Personal Injury Claims

Emerging Trends in Personal Injury Claims

drone accident personal injury claim
Drone Accidents in personal injury claim I Greenberg & Stein P.C.

In New York, personal injury claims have been around for a while. Yet, this does not imply that everything related to personal injury claims has stayed unchanged. Several laws have been altered or deleted, while others have been added. Recent advancements in technology, medicine, and other areas have led to the emergence of new trends. As a result, attorneys have to adjust to the evolving field of personal injury cases. These are some emerging trends in personal injury claims that you should be aware of:

Increased Use of Technology

Nowadays, technology has become one of the most important aspects of our life. For this reason, it is much more common to see personal injury claims that are somehow related to electronic gadgets and devices. For example, texting and driving are one of the most common causes of distracted driving accidents. Modern car infotainment systems have the potential to distract drivers and divert their focus from the road, which raises the possibility that they may play a role in auto accidents.

For instance, using a touchscreen interface to change the radio, directions, or climate controls might cause a driver to temporarily lose sight of the road, increasing the likelihood of an accident. According to research by the American Automobile Association (AAA), some infotainment systems might have distracting effects that are comparable to the well-known danger of texting while driving. According to the study, even simple actions like setting up navigation can keep drivers distracted for up to 40 seconds, increasing the likelihood of a collision.

In recent years, drones have grown in significance as a component in personal injury lawsuits. There are several ways that drones can hurt people and property, including flying into restricted airspace, colliding with objects, and violating people’s privacy. Drone accidents can result in personal injury lawsuits for several reasons, such as pilot mistakes, equipment failure, or a failure to adhere to safety rules.

However, technology has also become very beneficial to obtain valuable evidence. Security cameras may record footage of incidents as they happen and are frequently employed to keep an eye on public areas. Particularly among professional drivers like truckers and cab drivers, dash cams are becoming more and more common because they offer a clear picture of the road and the region around it. Law enforcement personnel, including police officers, frequently wear body cameras that record encounters with the public. Whether excessive force was used or if the right procedures were followed, it may be shown using this video.

Advancements in Medicine

advancements in medicine personal injury claims
Advancements in Medicine Helps Personal Injury Claims I Greenberg & Stein P.C.

Medicine has also improved a lot in recent years. Thanks to advancements in medicine, doctors and other health professionals are now better equipped to diagnose and treat injuries and illnesses with greater accuracy and efficiency. This way, attorneys and plaintiffs can calculate future and present medical expenses with more precision. Similarly, advances in healthcare have led to an increase in life expectancy, which means that individuals who suffer long-lasting injuries may require ongoing medical care and rehabilitation. As a result, the cost of personal injury claims may be higher, and injured parties may be entitled to recover more compensation.

Nevertheless, advancements in medicine also mean that the costs of medical treatment may significantly increase. The more advanced or more complicated a surgery or medical intervention is, the higher the costs are. Accidental injury victims and their attorneys need to take this into account before accepting any settlement offer.

Dispute-Resolution Alternatives

Parties involved in a personal injury claim have the possibility to resolve the dispute outside the courtroom. By reaching a settlement without going to trial may save both parties time and money. The process to resolve a dispute outside the courtroom is called “Alternative Dispute Resolution” (ADR). Negotiation, mediation, and arbitration are all methods of ADR. The parties and their lawyers meet to discuss the matter and attempt to come to a settlement agreement during negotiation.

In mediation, a third person who is impartial helps the parties reach a reasonable agreement. In arbitration, a neutral third party hears testimony from both sides and, based on the parties’ agreement, renders a binding or non-binding ruling. Although ADR is not a new process, it has gained significant popularity over the last few decades due to the increasing backlog of cases in the court system.

Increased Focus on Mental Health

Mental health has become more and more important in recent years. Thanks to studies and research, now we have a better idea of the impact of accidents and other traumatic experiences in someone’s mental health. Those who have post-traumatic stress disorder (PTSD), anxiety, or depression as a result of an accident, for instance, may need continuing mental health care and assistance. This may affect their capacity to work or carry out everyday activities and result in expensive medical costs.

Nowadays, mental health losses such as treatment costs or lost pay resulting from work absences due to mental health issues are frequently included in personal injury lawsuits. The likelihood of hiring mental health specialists to testify about the effects of the accident on the claimant’s mental health and wellbeing may have increased among attorneys and insurance companies. In calculating damages, the courts could also be more receptive to mental health-related information.

Stronger Focus on Rehabilitation

In the past, personal injury settlements used to focus on compensating the injury victim for their medical expenses, lost wages and property damage. However, recovery did not receive the importance it deserves. Fortunately, now rehabilitation has become a more important matter in personal injury claims. Rehabilitation costs, including those for physical therapy, occupational therapy, and speech therapy, are increasingly frequently included in personal injury claims. The expense of medical devices, house modifications, or other accommodations that are required for the injured party’s recovery may occasionally be covered by insurance.

Online Dispute Resolution

Online dispute resolution has become a common method to reach settlements without having to go to court. The Internet has made it possible that parties that may be physically far apart from each other can resolve a dispute outside of a traditional courtroom. Online dispute resolution can be more cost and time efficient. Additionally, online dispute resolution tools may be used from any location with an internet connection, making it simpler for anyone to file a lawsuit without having to physically go to court. For people with mobility challenges or who live in distant places, this may be particularly crucial.

Final Thoughts

The world is evolving rapidly in many ways. The legal field is no exception, especially when it comes to personal injury claims. To effectively help their clients, lawyers, and attorneys must adapt to these changes. New York-based Greenberg & Stein P.C. is a legal services provider. In order to provide a high-quality and professional service, our attorneys regularly adapt to the new trends in personal injury claims. This is in addition to having extensive knowledge of New York laws and regulations. Contact us at 888-716-3843 to schedule a free consultation to review your case.

Related Articles:

Blog > Accident Lawyer > Categories > 6 Reasons Why You Should See a Car Accident Chiropractor

6 Reasons Why You Should See a Car Accident Chiropractor

chiropractor for car accident 1
Chiropractor For Car Accident  | Contact Us To Get Help

Every 60 seconds, a car accident occurs, according to the National Highway Traffic Safety Administration. On an annual basis, this corresponds to around 5.25 million accidents across the country. In some cases, people can walk out of the accident scene completely unharmed. Unfortunately, this is not the case for a lot of car accident victims. Even minor crashes can cause serious injuries to drivers and passengers. Some car collisions can lead to a wide variety of lesions that can become very painful.

Some severe injuries are not always visible and can cause chronic pain, neck pain, headaches, muscle spasms, and other symptoms. The most logical thing to do after suffering a car accident injury is to visit a doctor. However, a lot of people overlook the importance of visiting a chiropractic doctor. Chiropractic care can bring a lot of benefits to your recovery process. Here are 6 reasons why you should see a car accident chiropractor. 

Narcotics are not necessary

One of the characteristics of chiropractic treatments is that it does not require the use of narcotics or opioids. Normally, common medical treatment for car accident injuries will require the use of painkillers. The big downside to painkillers and other similar medications is that the patient can develop dependency. It can also damage some internal organs if they are used for a long period of time. Chiropractic treatment focuses on realigning joints or the spinal column and improving blood flow with medical massages. 

Reduces your stress

A car accident can become a very stressful experience. Dealing with medical bills, lost wages, car repairs and many other things can make you feel overwhelmed. Chiropractic treatment has a huge positive impact on the nervous system. This will help you feel more relaxed and less anxious. 

It does not only reduce pain but also heals injuries

Chiropractic care does not only focus on relieving some symptoms that can cause a lot of pain or discomfort. An experienced chiropractic doctor will aim to heal your injuries by putting all your joints in the right place instead of giving you medication to relieve the pain. 

It heals soft tissue injuries

Some soft tissue injuries can be very painful and can lead to chronic pain that will prevent you from doing things you enjoy that require physical activity. Neck pain, muscle spasms, headaches, reduced range of motion, and other symptoms can be healed with chiropractic care and in many cases, the healing process can take less time. 

Prevents tissue scarring

A car collision can cause inflammation of your spinal column. Spinal injuries can be very painful and can lead to scar tissue that usually causes muscular tension and stiffness. Chiropractic treatments such as chiropractic manipulation can break up this scarred tissue so it can heal faster and reduce pain

Most chiropractic doctors will work with your attorney

Chiropractic doctors know that many of their clients are people who have recently suffered an injury after a car accident. They also know that it is very important to provide your personal injury attorney with all the documentation and evidence they need to build a solid case to be able to collect fair compensation for your injuries. Fortunately, chiropractic doctors tend to be very collaborative in situations like these.  

car accident chiropractors near me
Car Accident Chiropractors | Greenberg & Stein | Contact Us To Get Help

Will a chiropractor be able to help with a car accident injury?

Undoubtedly, visiting a chiropractic doctor can be very beneficial for you if you suffered a car accident injury. Chiropractors deal with all kinds of injuries every day, many of them caused by automobile collisions. They know how to detect injuries that are usually hard to spot. They are specialists in relieving pain and have treatment plans to heal chronic pain. 

How Can A Chiropractor Help After An Injury?

Not only can chiropractic treatment help you heal faster and reduce pain in a more natural way, but it can also help you detect other injuries that are not always easy to spot. A chiropractic doctor will check all your body, joints, and muscles to find any hidden injuries. Sometimes these injuries are omitted by common medical practice but if they are not treated in a timely manner they can become very annoying and costly in the future.

Furthermore, if you have already received a settlement after a car accident and you discover new injuries, you will not be able to pursue further compensation. 

How Soon After A Car Accident Should I See A Chiropractor?

Visiting a chiropractor quickly after an accident is crucial. Starting treatment as soon as possible will not only help you recover faster, but it will also help you provide more evidence and medical documentation to your attorney. If you do not seek medical attention right after an accident, your injuries can become worse or the healing process will take longer. 

What Are the Most Common Auto Accident Injuries?

Car accidents can cause different types of injuries. Not all of them can be treated or healed by a chiropractor. Some injuries require surgery or other treatments. Fortunately, some common injuries caused by car accidents can be healed or treated by chiropractic doctors. Here are some common car accident injuries:

  • Spinal cord injuries
  • Traumatic brain injuries
  • Fractures
  • Soft tissue injuries
  • Bruises
  • Concussions
  • Sprains and strains

Should I See a Chiropractor Even After a Minor Accident?

Most people believe that because they were in a small accident, they do not need to see a chiropractor. The truth is that even fender benders can cause injuries, not necessarily severe but that can cause great discomfort over time. Therefore, visiting a chiropractor after a fender bender is not a bad idea. 

chiropractor after car accident 1
Chiropractor After Car Accident | Greenberg & Stein | Contact Us To Get Help

What to do after a car accident?

After a car accident, the first thing that you need to do is to seek medical assistance. Calling an ambulance is crucial if the driver or the passenger is evidently injured. If the injuries are not evident, visiting a doctor as soon as possible is equally important. Once you have made sure that you are well or not in danger, you need to remain calm. After an accident, many people get nervous and forget some important things. Taking photos of the accident scene and gathering information is one of the most important things to do right after the accident. Contacting a personal injury lawyer should be your next priority. 

At Greenberg & Stein P.C., you find some of the most experienced attorneys in New York. Our legal team has worked with people that have been involved in all kinds of car accidents and have suffered all kinds of injuries. Our attorneys know how important it is for you to get fair compensation for your injuries. That is why our lawyers work relentlessly to help you. If you recently suffered a car accident, contact us at 212-716-4137 to schedule a free consultation with one of our attorneys to review your case. 

Related Articles:

Blog > Accident Lawyer > Categories > What to Do When You Slip and Fall on Ice ?

What to Do When You Slip and Fall on Ice ?

Slip and Fall on Ice
Slip and Fall on Ice or Snow

During the winter, it is typical to see icy and snowy surfaces in New York. This means that it is especially important to watch your step during this season to avoid slipping and falling. Fall incidents can be excruciatingly painful, potentially resulting in serious injuries and costly medical expenditures. Some people do not treat slip and fall accidents seriously; it is typical to observe someone falling and then brushing it off as if it were a minor ice or snow slip. Even mild falls, though, can result in injuries that you may not detect right away. As a result, there are a few things you should do following an ice or snow accident. If you have recently sustained an injury as a result of a slip and fall accident on ice and believe you are entitled to compensation, you should consult with a slip and fall attorney to discuss your legal options.

5 Steps to Take After You Slip and Fall on Ice or Snow in NY

  1. Get medical attention: The first thing you should do following a slip and fall accident is to ensure that you are not gravely injured. Seek medical assistance as quickly as possible if you hit your head on the floor or if you are in pain due to an injury to your arms or legs. Unattended injuries can worsen over time, thus it is best to see a doctor as soon as possible following the event.
  1. Gather evidence: Depending on the weather, snow and ice can vanish quickly. If you intend to seek compensation for your injuries, you must have documentation to back up your claims. Taking photos or videos is essential for building a solid case. Take pictures of the snowy or ice surface that caused your fall accident and its location, for example, if it is an icy sidewalk and walkway, you must make it clear that pedestrians use it to get someplace. If you go to the hospital, make sure to keep copies of all documents given to you such as medical records, medical test results and medical bills.
  1. Get witnesses’ contact information:If you fall in a public place and more people witnessed what happened, try to obtain their contact information. Request their names and phone numbers. That way, you will be able to obtain testimonies from witnesses, which could be quite useful in an injury claim.
  1. Report the incident to the property owner/manager: You must notify the property owners or managers of the occurrence, informing them that you fell on their property due to snowy or icy conditions. You should describe your injuries and the specific location of the accident. Try to report the accident by email; this may help you prove that the owners were informed of the event shortly after it occurred.
  1. Contact a personal injury lawyer: Contacting a skilled slip and fall attorney is one of the most critical things to do following a slip and fall accident. They will assist you in understanding your legal options and will advise you on the best course of action.

Common Injuries Caused by a Slip and Fall on Ice or Snow

Slip and fall accidents on ice or snow can be very dangerous and can lead to a variety of injuries.

  • Fractures: One of the most common injuries caused by slip and fall incidents is fractures. When we walk on a slippery surface, such as black ice, our natural instinct is to extend our arms to try to recover balance. In many circumstances, even if we try, we still fall, and we tend to break the fall with our arms. Nonetheless, when we put our weight on our arms, we are highly likely to fracture our wrists or other bones. Fractures can be very painful. Most fractures heal in 6-8 weeks, but this varies greatly from bone to bone and from person to person due to several factors. Hand and wrist fractures usually heal in 4-6 weeks, whereas tibia fractures can take up to 20 weeks to recover.
  • Bruises: A bruise occurs when little blood vessels beneath the skin are damaged and begin to leak blood. This causes a bruise, which is a colorful mark under your skin. Most slip and fall accidents will cause bruises to appear in the affected area and depending on the severity can become painful. The majority of mild injury bruises heal in about 2 weeks. Bruising can harm soft tissues, muscles, and bones.
  • Back injuries: Falling on your back can cause different back injuries. Some of the most common are strains and sprains. Strains are frequently caused by twisting or pulling a muscle or tendon in your back. They can be very painful but recovery time is usually short compared to other injuries. One of the most serious injuries that can be caused by a slip and fall accident is a fractured vertebra. A fractured vertebra, commonly known as a compression fracture, is a crack or break in the vertebral column. 
  • Spinal cord injuries: A spinal cord injury (SCI) is defined as damage to the spinal cord that causes a loss of function, such as mobility and/or sensation. Slip and fall accidents can cause spinal cord injuries. Depending on the severity of the injury and the location of it, people can lose mobility of some limbs, paralysis or even quadriplegia. 
  • Traumatic brain injuries: Hitting your head against the floor can cause traumatic brain injuries (TBI). Mild traumatic brain injury can momentarily alter your brain cells. More acute traumatic brain injury can cause bruising, torn tissues, bleeding, and other physical brain damage. These injuries can cause long-term consequences or even death.

New York Laws For Slip and Falls on Ice or Snow

There are rules in New York that compel property owners or managers to clear ice and snow from their premises within a reasonable time after a snowstorm. According to the New York Administrative Code, all property owners and managers are required to remove ice and snow from sidewalks next to their property within 4 hours from the time the snowfall ends. However, this time period does not apply between 9 p.m. and 7 a.m. 

Who Is Liable for My Slip on Ice Injuries?

Property owners or managers

Owners and managers of residential properties are responsible for ensuring that their premises are safe and free of dangerous conditions. Surfaces that are snowy or slippery are deemed hazardous. As a result, snow and ice must be removed in a reasonable amount of time, as previously stated. Once a certain quantity of snow has accumulated, walkways, sidewalks, parking lots, and other common places must be shoveled and salted. Failure to remove snow may lead it to melt and then freeze, resulting in black ice, which is even more dangerous than snow.

Commercial establishment owners or managers

Commercial property owners, like residential property owners, must guarantee that their facilities are safe for pedestrians. However, in some business locations, the proprietors may not be held accountable if someone falls. In a mall strip, for example, the owners of each store may be responsible for clearing the snow and ice in front of their stores, rather than the mall owners or management. Liability in commercial businesses may rest on someone other than the owners, depending on who is liable for snow removal according to the leasing agreement.

Government Property

It is possible to sue a government organization if someone slips and falls on its grounds. Attempting to initiate a personal injury lawsuit against a government organization, on the other hand, comes with its own set of obstacles. The statute of limitations is frequently shorter, and other conditions must be met in order to file a lawsuit. If you were injured in a government institution due to snow or ice, you should contact an attorney as quickly as possible to analyze your case.

Slip and Fall on Ice or Snow Lawyers in New York

Accidents can happen anywhere and anytime, no matter how careful you are, especially in winter time. Fall accidents caused by snowy or icy surfaces can be painful and expensive to treat. In some cases your injuries will prevent you from going to work, which would cause you to lose money. If you believe that your injuries were caused due to the negligence of a property owner or manager and you deserve compensation for your injuries and lost wages, do not hesitate in contacting Greenberg & Stein P.C. Our legal team has years of experience helping people recover compensation for their injuries caused by slip and fall accidents. Call us at 212-969-8776 to schedule a free consultation with one of our lawyers to review your case. 

Blog > Accident Lawyer > Categories > Can You Sue If You Slip on Ice?

Can You Sue If You Slip on Ice?

Slip on Ice Injury
Slip on Ice Injury

New York is one of the states that receives the most snow in the country every year. On average The state of New York receives 55.32 inches of snow a year. Winter weather causes some dangerous conditions for pedestrians. After a snowfall it is very common that snow and ice accumulate on walkways, sidewalks, parking lots and other areas, this can cause someone to slip and suffer a fall injury. Can you sue if you slip on ice and hurt yourself? Short answer is yes. It is possible to sue the property owner but it will depend on some factors that can support your claim. You will need to prove that your injuries were caused by the property owner’s negligence. If you are able to demonstrate that your fall injury was the result of negligence, then you can file a personal injury lawsuit to pursue compensation for medical bills, lost wages and pain and suffering. One of the most important things to do after suffering a fall injury is contacting a personal injury attorney.

Ice and Snow Removal Law in New York

Property owners and managers have a legal duty of care to keep their properties safe from hazardous conditions such as slippery surfaces caused by snow and ice. This means that during winter, landlords need to remove snow and ice from their premises within a reasonable amount of time after a snowfall or storm. According to Section 16-123 of the New York City Administrative Code (NYCAC), snow and ice must be removed within a period of 4 hours after the snow stops falling. However, it is important to remark that this rule only applies during the day. If snow stops falling between 9 pm and 7 am, property owners are not required to clear their premises until 7 am. The areas that must be cleared after a snowfall are:

  • Sidewalks adjoint to the property
  • Entrances
  • Walkways
  • Floors
  • Front steps
  • Parking lots

If the snow and ice cannot be removed without causing damage to the sidewalk, property owners must cover the area with sand, ash, sawdust, or any other material that will make the surface less slippery. Nonetheless, ice and snow must be removed as soon as the weather permits.

Who Is Liable for Slip and Fall Injuries on Ice or Snow?

Determining liability in a slip and fall accident is not so simple in all cases. For example, if you rent an unit in an apartment building, you will need to check your lease to see who is responsible for snow removal. In some cases, property owners or managers are responsible for snow removal, but in other cases tenants are responsible for keeping premises clear of snow and ice.The majority of landlords hire snow removal businesses to take care of their properties. Depending on the terms of the contract signed by the landlord and the snow removal company, the service provider may be held liable for the injuries sustained by someone who fell due to ice or snow. IIf a person is injured by a fall at a commercial facility, such as a mall, the mall administration is not always responsible. For example, some shopping centers have stores that are not inside the main building, thus snow and ice might gather in front of these establishments. In certain circumstances, the mall administration is responsible for clearing ice and snow from these areas, but in others, each store is responsible for keeping the front of their establishment free of ice and snow. Another possibility could be that someone slips and falls on government property. There are cases of people who have suffered fall accidents in parking lots of post offices, tax offices or other government institutions. In these cases, things might get a little more complicated. Government entities enjoy sovereign immunity, which protects them from civil litigation. Nonetheless, this   immunity can be waived under certain circumstances. If you suffered a slip and fall injury on government property, contact a personal injury lawyer immediately to learn more about your legal options. 

What to Do If You Slip and Fall on Ice or Snow in NY?

The most crucial thing to do following a slip and fall accident on ice or snow is to get medical attention. Because of the adrenaline, some people do not feel pain and believe they are unharmed. Some injuries may not be apparent immediately following the accident, but they will worsen with time. As a result, it is recommended that you consult a doctor to ensure that you are not at risk. Contact a personal injury attorney. An experienced lawyer will help you through the legal process of filing an injury claim and building a strong case.

How to Prove Your Slip and Fall on Ice Injury Claim

It is not always easy to demonstrate that your injuries were caused by a slip and fall accident on ice caused by the property owner’s negligence. Nonetheless, doing the actions outlined below will increase your chances of receiving compensation. A critical step to take is to document the incident. Take photos and videos of the accident scene, making sure the snow or ice that caused you to slip is clearly visible. If anyone witnesses what happened, you can get their contact information so they can offer a statement about what they saw. A witness statement can be very helpful in building a strong case. Additionally, you must gather all medical documentation after you have been checked by a doctor. Keep your medical bills, test results and all documents related to the accident. Try to preserve the clothes and shoes you were wearing, this will help prove that even if you were wearing proper footwear and clothes, your accident could not be prevented.If your injuries were severe enough to keep you from working, you will need to obtain a letter from your employer proving that you were unable to work. You will also need to have copies of your pay stubs or contracts that show the amount of money you make to recover lost wages.

How Much Should I Settle for a Slip and Fall on Ice

Slip and fall accidents result in a wide range of injuries. Each injury is unique, and no two treatments will be the same. As a result, estimating the cost of your medical bills is difficult. Slip and fall accidents typically result in settlements ranging from $15,000 to $45,000. This does not necessarily imply that all settlements will fall inside this range. Some injuries, such as traumatic brain injuries or spinal cord injuries, can result in settlements far beyond $45,000.

New York Personal Injury Lawyer

Slip and fall accidents can be very painful and costly, especially if they keep you from working. If your accident was caused by a property owner’s negligence, you may be entitled for compensation. At Greenberg & Stein P.C. Our lawyers have vast experience handling slip and fall claims. Our legal team has recovered millions of dollars for our clients in court. If you believe you deserve compensation, we can help you take legal action. Call us at 212-969-8757 to schedule a free consultation with one of our lawyers to review your case. 

Blog > Accident Lawyer > Categories > When to Hire a Personal Injury Lawyer

When to Hire a Personal Injury Lawyer

Personal Injury Lawyer
New York Personal Injury Lawyer

Most people believe that they only need to contact a personal injury lawyer if they have been in a major accident. Nonetheless, even minor incidents can result in significant injuries and costly medical bills. There are several situations in which it is advised to employ a personal injury lawyer in New York. Hiring an attorney is especially important when dealing with a large organization, when there is a lot of money at stake, or when your injuries are severe. Of course, there are other situations in which you should seek expert legal counsel, but these are the most typical.

4 Scenarios in Which You Might Want to Hire a New York Personal Injury Lawyer

  1. You or your loved ones suffered a serious injury: Some accidents can result in severe injuries that have a long-term impact on someone’s quality of life. If you or a loved one experienced severe injuries such as dismemberment, substantial disfigurement, loss of an organ, loss of a bodily function, or even death, you will almost certainly want the services of a lawyer. Compensation might be very substantial in cases involving severe injuries. The medical bills for treating the most serious lesions are typically expensive. Surgical procedures, therapy, and medication may all be used in the course of treatment. In some circumstances, people will need to implement adjustments to their homes to allow the affected person to move around. Hiring a personal injury lawyer can be especially necessary if you intend to collect compensation for pain and suffering. 
  1. Responsibility for the accident is not clear: It is all too frequent to observe scenarios where the people involved blame each other for the accident. This is especially true in car accidents. When the parties involved dispute liability, hiring an experienced personal injury lawyer might boost your chances of collecting compensation. A personal injury lawyer will assist you in demonstrating that you were not the cause of the accident by conducting an investigation to clarify the occurrences. An attorney with extensive expertise managing cases will gather all available information, interview witnesses, and contact other professionals to determine the true cause of the event.
  1. Insurance companies refuse to pay fair compensation: Most people feel that simply paying for insurance coverage entitles them to reimbursement. One thing to keep in mind is that insurance companies are businesses that generate money by paying as little as possible. Some insurance companies will attempt to obtain a settlement offer that is less than what you should receive to cover all of your expenses. In certain circumstances, people will accept unfavorable settlements simply to finish a long and unpleasant dispute. Hiring a personal injury lawyer can not only make things easier for you, but it will also alert the insurance company that they are dealing with someone who is knowledgeable about the law and personal injury cases. Additionally, if you and your lawyer decide to initiate a personal injury lawyer, the insurance company may be willing to offer a fair settlement just to avoid the lawsuit. 
  2. A government entity might be liable: Cases are usually challenging when government institutions are involved and may be held liable for someone’s damage. Most government entities have sovereign immunity, which shields them from civil lawsuits. This immunity can be waived depending on the nature of the accident and the institution. The statutes of limitations, however, will be shorter than in most situations involving individuals or private organisations. In addition, you will be asked to submit additional information and complete other processes that are not required in other circumstances. Furthermore, government institutions are represented by very capable lawyers. Attempting to file a personal injury claim against a government organization without the assistance of a lawyer dramatically reduces your chances of success in court.

What Are The Benefits of Hiring a Personal Injury Lawyer?

A personal injury lawyer will do all possible to guarantee that you receive the compensation you are entitled to. As previously stated, if you need to prove that your injuries were caused by someone else, an attorney will investigate and obtain the evidence needed to do so. Personal injury lawyers understand how to calculate how much money you need to recover in order to meet all of your expenses. In certain circumstances, people reach insurance company settlements that are insufficient to cover all of the accident-related expenditures. This occurs because they do not understand how to estimate present and future expenses.

Once you and your lawyer have determined how much money you are entitled to, you may confidently negotiate with the insurance company. Negotiating with them, however, is a difficult task. Fortunately, competent lawyers understand exactly what must be done in a negotiation to achieve the desired result. If you decide to file a personal injury lawsuit, having an attorney on your side will ensure that you do not miss any deadlines, which could result in the case being dismissed. Even if a lawyer is not required to file a personal injury claim, representing yourself is not a good idea.Several people who represent themselves in court end up losing their cases simply because they do not follow the proper procedures.

What’s The Standard Percentage Lawyers Take After A Car Accident Lawsuit NY?

Personal injury attorneys typically practice on a contingency basis. This means they only earn money if you receive compensation, which means you will not have to pay for their services out of pocket. Typically, the client and lawyer will agree that a percentage of the money obtained by the client will be paid to the lawyer. If a settlement is reached before going to court, lawyers typically receive 30% of the money collected. 33 percent if the settlement is reached during the discovery process and 40 percent if you receive compensation after a trial. Nonetheless, these percentages may vary so you should carefully read the agreement between you and the lawyer to understand all the details of their payment and legal fees before signing. 

Should I Handle My Own Personal Injury Claim?

In some situations, If you were not seriously injured or your accident was minor, it may not be worth your time to hire a lawyer. Another reason you might not want to engage a lawyer is that in no-fault states like New York, you cannot opt out of the system unless your injuries are severe. If they are not serious, you may be able to file a claim with the insurance provider on your own. Furthermore, if you feel confident negotiating with the insurance company on your own, you may not require the services of a lawyer. Finally, if you think you have the time to deal with all the procedures involved in an injury claim, a lawyer might not be so useful. 

Is It Worth Getting a Personal Injury Lawyer?

If your case fits into one of the four scenarios listed above, hiring a personal injury lawyer is a no-brainer. Nonetheless, employing a personal injury lawyer not only boosts your chances of collecting compensation, but it also provides you with peace of mind, which is extremely useful in stressful situations. At Greenberg & Stein P.C. you will find some of the best personal injury lawyers in New York. Our legal team has vast experience representing clients in all kinds of cases. If you decide to hire an attorney, do not hesitate in contacting us at 212-969-8775 to schedule a free consultation with one of our lawyers.

Blog > Accident Lawyer > Categories > How Are Personal Injury Settlements Paid Out?

How Are Personal Injury Settlements Paid Out?

Personal Injury Settlement Payout
Personal Injury Settlement Payout

Personal injury lawsuits can take a long time to settle, but when they do, most victims are impatient to get the settlement payment. However, settlement checks are not given immediately after the case is settled. Liens, legal fees, and attorney’s fees will be paid before the plaintiff receives a check with their portion in the mail. 

Following a settlement, there are two common types of compensation. Structured settlements are the first. Structured settlements are paid in installments over a specified time period. Structured settlement payments are preferred by some people because they provide them more control over the money they receive in each installment. The money can be received at various intervals, such as monthly, quarterly, or annually. The amount of money paid in each installment may also differ. In some circumstances, payments may be increased over time by modifying the amount paid to match inflation. This option may be especially beneficial for persons who will be undergoing medical treatment over an extended period of time and whose medical bills may get more expensive as time passes. Similarly, payments might be reduced over time. In some cases, the plaintiff may receive a larger amount of the compensation in the first installment to cover medical bills, mechanical repairs, legal fees, or other expenditures, and then continue to receive funds in smaller installments. Structured settlements are quite flexible in terms of how and when money is paid, as long as it is paid. However, once the structure of the settlement is determined, it cannot be modified. Therefore, the settlement structure should be examined with a financial advisor to ensure that the proper selection is made.

Lump-Sum Settlements are the second type of compensation. The victim will get the total sum in a single installment under this type of settlement. This type of settlement is ideal for persons who wish to invest the money they receive because it is likely to be substantial. One disadvantage of this form of settlement is that financial management abilities are required. Some people are terrible with money and end up wasting it all. You can, however, multiply that settlement if you have solid money management abilities and financial understanding. 

What Steps Are Involved in the Settlement Check Process?

Once the settlement has been reached there are some steps before you can actually receive your compensation.

Signing the Release:

The first step after receiving an Order of Settlement is to sign the Release. The release is a legal document that must be drafted by the at-fault party’s lawyer. This document will include all of the payment’s terms and conditions. This document can be short and easy to understand, or it can be long and complex. In certain circumstances, the at-fault party’s attorney makes this document lengthy and difficult to interpret in order to prolong the process. Your lawyer will need to thoroughly analyze the release in order to clarify every detail to you.If your attorney discovers anything with which they disagree, they can contact the defendant’s lawyer to alter the release. If the two parties cannot agree on the terms of the release, a judge will step in to mediate, which will also extend the process. Finally, if both parties’ attorneys have reached an agreement, you will be required to sign it. In most situations, signing the contract also means you agree not to seek additional compensation in the future. To be valid, the document must be signed in the presence of a notary public. After signing, the documentation must be mailed to the insurance company and the defendant’s attorney.

Check is issued by the insurance company:

Typically, the insurance company of the at-fault party is responsible for releasing the check once the release document has been signed and received by them. Insurance companies are required by the law to issue the check as soon as they receive the release. The check will be payable to both you and your attorney.

Check is deposited into an escrow account:

The insurance company will send the check to your attorney’s office and then it will be deposited into an escrow account. The money will remain in the escrow account while the bank clears the funds. Once it has been confirmed that the insurance company has the funds to pay the settlement, your attorney will deduct any unpaid liens from the payment. You can owe liens to a medical service provider due to the accident but if you also owe liens to a party that is not related to the accident you will also be required to pay that lien. For example, outstanding child support obligations are considered a lien that must be paid. Once all liens have been paid, the lawyer will deduct legal fees and costs. Normally, personal injury attorneys work on a contingency basis, this means that they only earn money if their client is granted compensation. Most lawyers fees range between 30 and 40 percent of the settled amount. Nevertheless, the lawyer probably paid for some expenses during the course of the case and these costs will be deducted as well. For example, if you are settled for $200,000 and you had $30,000 pending in unpaid liens, the agreement between you and the lawyer stated that they would receive 33 percent of the settled amount ($66,000) and they spent $7,000 in collecting evidence, hiring expert witnesses, obtaining medical records and other costs, that will leave you with $97,000.

Receive your settlement:

After all liens and legal fees have been paid, your lawyer’s office will mail you a check with the amount of money remaining. You can deposit that check to whichever account you like and use the money to what is more convenient to you. 

How Long After Settlement Do I Get Paid in New York?

It is difficult to predict how long it will take for a settlement to be paid. In some situations, the full procedure can take up to 6 weeks. This time could be greater or shorter depending on the constraints imposed by the county and the judge. If the party obligated to pay the settlement decides to appeal a court decision, the payment procedure could be delayed for months or even years.

Are New York Personal Injury Settlements Taxable?

Personal injury settlements for compensatory damages are not taxable. This implies that if you receive reimbursement for medical bills, lost pay, or mental suffering, your settlement will not be taxable. However, if you are granted punitive damages, that portion of the settlement may be taxed.

New York Personal Injury Lawyer

At Greenberg & Stein P.C. We are fully committed to help you in every step of the litigation process. Our lawyers have vast experience handling personal injury claims and dealing with insurance companies that try to delay the payment. Our legal team has successfully recovered millions of dollars for our clients and we have provided support in every phase of the process. Filing a personal injury claim and fighting for your rights can be very hard without the help of a professional. Contact us at 212-969-8775 to schedule a free consultation with our lawyers to review your case. 

Blog > Accident Lawyer > Categories > How Many Fatal School Bus Accidents Are There Per Year?

How Many Fatal School Bus Accidents Are There Per Year?

School Bus Fatal Accident
Fatal School Bus Accident

Every year, 121 people are killed in school bus accidents, according to the National Highway Traffic Safety Administration (NHTSA). As per NHTSA statistics, there were 1,207 fatalities due to school bus accidents between 2009 and 2018. Even though this number may seem to be high, it is still very low in proportion to the overall number of fatal crashes because it only accounts for 0.3 percent of all traffic deaths.

School Bus Accident Victims

Interestingly, only 9 percent of the victims of school bus fatal crashes are occupants of the school bus. Pedestrians represent 20 percent of the fatalities caused by school transportation vehicles and 70 percent of the deaths in school-transportation-related crashes are occupants of other vehicles involved. It is also worth mentioning that 55 percent of the school bus occupant deaths were school bus passengers and the remaining 45 percent were school bus drivers. Most of the pedestrians, 68 percent to be precise, that died in school bus related accidents were struck by a school bus and the other 32 percent were hit by another vehicle involved in the crash. Out of all the victims caused by school-transportation-related-crashes 20.6 percent of them were 18 years old or younger, the NHTSA defines this age as “school age”. 

What Time Do Most School Bus Accidents Happen? 

As you can imagine, unlike other types of accidents, school bus crashes do not usually happen very late at night. Actually 41 percent of all fatal school bus accidents occur between 6:00 AM and 8:59 AM and 40 percent between 2:00 PM and 4:59 PM. As you might expect, these hours have the highest amount of fatalities because that is when school buses pick up and drop off students.

What Kind of School Bus Accidents Cause More Fatalities?

The overall number of fatal school bus accidents can be divided into two categories: single-vehicle crashes and multiple-vehicle crashes. Single-vehicle crashes account for around 40% of all crashes, whereas multiple-vehicle crashes account for 60%. Nonetheless, when we look at the initial point of impact on school transportation vehicle statistics, both categories share certain characteristics. When the initial point of impact is the front of the school bus, the majority of crashes and fatalities occur. Actually, 45 percent of all fatalities happened in accidents where the front of the school vehicle was impacted. Alternatively, we can also find some differences between single and multiple vehicle crashes. When it comes to multiple-vehicle accidents, according to the NHTSA there were 10 deaths when the initial point of impact was the right side of the school bus and 19 deaths when the initial point of impact was the left side of the school transportation vehicle. Whereas, in single-vehicle accidents, there were 7 deaths when the initial point of impact was the right side of the school bus but there was not a single death in accidents when the initial point of impact was the left side of the bus. 

Additionally, if we look at the number of school-age pedestrians that died due to a school bus accident, we will realize that 62 percent of them were killed by a school bus vehicle going straight, being this the most dangerous maneuver. The second most dangerous maneuver was starting on the road; this maneuver caused about 15 percent of the school-age pedestrians fatalities. Finally, turning left was the third maneuver that caused most deaths, accounting for 8 percent of these fatalities. 

Are School Buses Safe For Our Kids?

Yes, school bus accidents are not very common, especially if we take into account that school buses carry around 25 million children to school and back to their homes every day in the United States. School buses are the safest alternative for transporting children to school because more students are hurt in vehicles and many more when they walk to school. School buses are designed to absorb impact completely differently to other vehicles such as cars, trucks, SUVs, etc. Also the compartmentalization of the seats in a school bus absorbs the impact in a way that protects children more than in any other vehicle. Seatbelts are uncommon in school buses but recently the National Safety Council has started to promote the installation and use of them to make these vehicles safer. 

Can We Prevent School Bus Accidents From Happening?

It is impossible to completely prevent school bus accidents from happening. However, it is possible to apply some of these school bus safety tips to minimize the likelihood of a school bus accident.  

  • Do not stand up while the bus is in movement: It is critical to teach kids that while the bus is moving, they must remain seated and only stand up when the bus has totally stopped.
  • Minimize play: It may be extremely difficult to prevent kids from playing on the school bus. Nonetheless, it is important to minimize play as much as possible and to prohibit any game that can compromise their safety. 
  • Approach the bus only when it has totally stopped: When the bus arrives at the bus stop, we need to teach kids that they can only approach the bus once it has come to a complete stop. 

School Bus Accident Lawyer in New York

It is true that school bus accidents do not happen very often, unfortunately when they do, it can be a very tragic experience. If you or your children have been injured due to a school bus accident and you believe you deserve compensation, do not hesitate in contacting a personal injury lawyer. At Greenberg & Stein P.C. We know how hard it is to deal with medical bills and at the same time trying to get compensation for an accident. That is why our lawyers will help in every way possible to ensure that you receive the compensation you deserve. Our legal team has years of experience representing clients in all kinds of cases related to crashes, and we have recovered millions of dollars for them. To schedule a free case consultation with one of our attorneys, call 212-969-8784 and we will gladly assist you.