Working in construction is a job that can be risky. There are more accidents and deaths of workers in construction than in any other industry. According to data from the Department of Labor, 5% of workers in the United States work in construction, but hold the 20% of the deaths by accidents. One of the […]
We are always concerned when we leave our children in the care and custody of bus drivers, teachers, lunch attendants, principals, etc. Life has its uncertainties (but we cannot be consumed with the unknown and potential dangers of schooling our children; we would live in a state of constant anxiety if we did so). However,
Accidents occur despite people following the Rules of the Road. That is why we should all exercise defensive driving (and defense walking, cycling, etc). Look carefully at intersections as you are turning into crosswalks – there are blind spots that could obscure pedestrians (especially children). There is no need to speed through an intersection; treat
We should all exercise defensive driving (and defense walking, cycling, etc) Read Post »
Traveling in other states, especially on interstate highways, can add stress to your vacation plans. Federal highways permit drivers to operate their vehicles up to 75 miles per hour (and many vehicles travel above those already high speed limits). If you are involved in an accident in another state, there are a few things that
It is well know that the use of helmet is indispensable when riding a motorcycle, in fact it is the law in most states including the State of New York; however, despite that, there are many people decide not to use it. This is very risky, as I said in previous blogs the motorcycle is
Wearing a motorcycle helmet is vital to saving your life in an accident Read Post »
The simplest maintenance of your property could save you from being sued for negligence. Carpets (especially on steps) should be immediately repaired as they present a trip hazard. Sidewalk cracks, fissures, etc. are clearly an accident waiting to occur. Bear in mind that members of the public use your sidewalk and you have a legal
Invest in maintaining your home – it can save you from liability exposure Read Post »
After having been involved in an accident, preserving evidence of the accident may be the last thing on the mind of an injured person. The injured person is focusing on their pain, not a lawsuit. However, you should be aware that ocular proof best satisfies the burden of proof that is upon the injured person when
Preserve all evidence following an accident – e.g., photos, videos, clothing, etc Read Post »
I often recommend that renters should purchase a Tenant Liability policy to protect their property and lives. This type of coverage is is not prohibitively expensive and the benefits are, by far, very substantial. Your local insurance agent will be able to sell you the insurance product that suits your needs. Your personal property, in
Tenant Insurance protects renters in many ways Read Post »
Mayor DeBlasio has pushed his “Vision Zero” initiative to help prevent pedestrian deaths and injuries. The most dangerous place for pedestrians can be in a crosswalk since drivers often do not see pedestrians due to sun glare, driver distraction, etc. Once defensive driving was the norm. Now, due to the use of smart (dumb!) phones,
Exercise caution as you walk in a delineated crosswalk Read Post »
Alcohol as I mentioned in previous blogs is one of the leading causes of auto accidents in the world. Driving under the influence of alcohol is very dangerous, very few people measure the true risk of driving while intoxicated. Many people think that drinking little does not affect them, the reality is that the rapidity
Alcohol consumption is one of the leading causes of accidents in the world Read Post »
Barring an incredible software glitch, a traffic signal can display a green light for only one set of drivers at a time. However, it is common that following an intersection accident, both parties will (strangely enough) claim that they proceeded on a light in their favor. Chaulk it up to misperception (at best), but without
Most people cringe when they receive a notice to appear at Jury Duty. It is a civic duty that interrupts our work and family activities, hence it invokes anxiety. However, when we appear at the courthouse to answer ready for duty, it becomes clear that being a part of the jury system enables our
Jury Selection – An important civic duty Read Post »
Since the burden of proof is on the plaintiff (in my firm, usually the injured person), it is best to do a thorough investigation to uncover clear, objective, and compelling evidence. One of the things that makes me happy is when my investigator is able to locate a non-party witness that can relate positive testimony
What is a “Non Party Witness”? Read Post »
If you are injured in a car accident (and able to ambulate, of course) you need to take photos of the damage to your vehicle, as well as the damage to the other vehicle(s) involved, and the general scene of the accident. Any cases involving a a trip and fall accident due to a defect
If you are injured in an accident, use all tools available to you to preserve evidence Read Post »
If you have suffered an injury by falling on a sidewalk defect, you need to be aware of who is responsible for maintaining sidewalks and making proper repairs. In NYC, owners of a 1 or 2 Family residence are NOT responsible to repair cracks or defects in front of their home (unless they have been
Sidewalk accidents – Who is responsible for your injuries ? Read Post »
In this digital age, it is no surprise to see photographs of damage to vehicles and injuries that were taken at the scene. People are less punishing when these photographs are presented to juries (or at depositions) since most people carry a smart phone with a camera. It would have been previously considered distasteful for
If you are in an auto accident, take photos of the property damage Read Post »
Choosing an attorney is not unlike choosing any other professional, with some exceptions. Here are a few pointers to help you decide how to choose an attorney who is best suited to help you with your legal issues: How many years of experience in a particular field of law does the attorney have? Has the
There are safety issues that we should be conscious of during the holidays and some simple tips could save lives. For those who have Christmas trees, always unplug the lights before going to bed. Faulty electrical cords, tree lights, etc., along with proximity to flammable materials (wrapping paper, cotton bedding under tree) are dangerous. Candles
Safety concerns during the holiday season Read Post »
If you have been injured in an accident in a street in New York City, you need to be aware of the pitfalls of pursuing a claim against the City of New York or other potential defendants. The first item that needs to be investigated is the exact location of the accident. An accurate
Injured by a defect (e.g., a crack, depression, hole in the street)? Read Post »
Ha habido mucha discusión (tal vez demasiado!) Sobre las elecciones y cómo nuestro presidente recién elegido actuará sobre la cuestión de la inmigración. Sin discutir la política de esta importante cuestión, hay importantes componentes de nuestra ley en Nueva York que siempre protegerá a todas las personas que residen en este estado, independientemente de la
There has been much discussion (maybe too much!) about the election and how our newly elected President will act on the immigration issue. Without discussing the politics of this important matter, there are important components our the law in New York that will always protect all persons residing in this state, regardless of the person’s
All visitors to New York State have the right to be protected under No Fault Read Post »
If you have been injured in a car accident, bicycle accident, or slip and fall, trip and fall, etc. in order for you to be compensated through the Courts you will need to have proof of your injury. Generally, this proof is in the form of medical records, reports of objective testing, hospital records, etc.
Medical proof is needed to substantiate a personal injury claim Read Post »
Our community has been at battle with the scourge of heroin. It has has affected our lives in so many ways. Our children are dying at explosive rates that exceed fatalities from automobile accidents! Violent crimes are on the rise, a likely result of desperate heroin addicts who need a quick fix. Sexually transmitted disease,
The Heroin Epidemic impacts many quality of life issues, including car accidents Read Post »
The word “advocate” is derived from the Latin for “One who is call for to render aid.” There is no better definition to describe what a lawyer’s responsibilities and duties are to his clients. We are trained to get you through difficult times such as a accidents which render you injured, disabled from work,
Su abogado necesita comunicarse con usted! Su abogado es su defensor ! Read Post »
En México la responsabilidad civil como lo comente en otro blog, es el cálculo en dinero de los daños provocados en un accidente de tránsito. Por medio de esta responsabilidad se protegen los bienes materiales e inmateriales de las víctimas en un accidente, por el cual se busca se restablezcan los bienes del afectado. Básicamente
Most doctors who testify on behalf of defendants (and for all intents and purposes, insurance carriers) are engaging in a lucrative enterprise that barely resembles the practice of medicine. These doctors generally have their own medical or hospital practice and are supplementing their incomes by examining plaintiffs solely for the purpose of litigation. They are
Outline of a Lawsuit – Part 27 – Cross Examination of a Defense Doctor Read Post »
Muchos migrantes en los Estados Unidos piensan que su calidad de indocumentados, no les permite gozar de ningún derecho en el país, como lo comente en algún blog anterior esto es falso. Existen Derechos Humanos los cuales protegen a todo individuo sin importar su estatus migratorio. Tanto la Declaración Universal de los Derechos Humanos como
Let’s be honest – Jurors are performing their civic duty reluctantly. They need to leave their jobs, family, and their daily routine to listen to disputes between complete strangers. Generally speaking, they would rather not be in the courthouse performing jury duty. Therefore, as a trial lawyer, the onus is upon you to make their
Outline of a Lawsuit – Part 26 – Presenting your case on the issue of “Damages” Read Post »
If the jury decides in your favor on the issue of liability (or “fault”), then the same jury will decide as to whether you should be compensated for “damages.” “Damages” refers to the 1) Past Pain and Suffering (i.e., the suffering from the date of the accident to the date of the verdict – the
Outline of a Lawsuit – Part 25 – Trial Preparation and Damages Read Post »
