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Don’t trust the insurance companies to pay you fairly after an accident

The way insurance companies avoid paying injury compensation is terrible. Don’t waste another day.

You were meant for more.

We don’t just care about personal injury law.

We care about you.

Don’t you hate having to wait for your insurance settlement?

We know how frustrating it can be when the insurance company doesn’t cooperate. It doesn’t have to be this way. We know how to fix this problem. We have helped hundreds of New York City residents recover full compensation for their personal injury claims. We want to do the same for you.

We don’t just care about personal injury law.

We care about you.

Don’t you hate having to wait for your insurance settlement?

We know how frustrating it can be when the insurance company doesn’t cooperate. It doesn’t have to be this way. We know how to fix this problem. We have helped hundreds of New York City residents recover full compensation for their personal injury claims. We want to do the same for you.

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Contact Us Today For A Free Consultation

At The Law Offices of Brian J. Elbaum, we have been serving clients all across New York for over 35 years. We are able to handle a wide variety of personal injury cases, including those involving auto accidents, catastrophic injuries, and more. If you would like to learn your options and see what we can do to help you, feel free to contact us for a free consultation. Contact us today!

Law Offices of Brian J. Elbaum

315 West 39th Street, Suite 1208
New York, NY 10018
Phone: (646) 868-5455

Hours of Operation

Monday:  9AM – 5PM
Tuesday:  9AM – 5PM
Wednesday:  9AM – 5PM
Thursday:  9AM – 5PM
Friday:  9AM – 5PM
Saturday & Sunday – By Appointment Only

Personal Injury Attorney New York City, NY

If you or a loved one has suffered serious personal injuries in New York State because of the negligence of another, we offer our most sincere sympathy.  Many people who suffer personal injuries are understandably overwhelmed.

First, it is very important to hire an Personal injury attorney New York City, NY as soon as possible.  In most New York personal injury cases, you must sue against the defendant who caused the accident within 3 years from the date of injury.  This 3-year period is called the “statute of limitations.”  If you fail to sue your case within the 3 year period, your case will be thrown out and you will be unable to obtain either a fair settlement, or award at trial.

Also, if your personal injury case involves a New York State government defendant, or “municipality,” you must serve a Notice of Claim upon the municipality within 90 days after the date of your accident.  The municipality is then allowed to question you at a “50-h” hearing.  Following this hearing, if you wish to sue the municipality for personal injury, you must do so within 1 year and 90 days of your accident, unless the injured party is a child or incompetent.  This is the municipality statute of limitations.  If you fail to follow these time-lines, you will be unable to obtain either a fair settlement or award at trial against the municipality.

Please note that if you are injured at work you may need to file a worker’s/workman’s compensation claim to protect your rights. Consult with an experienced New York personal injury lawyer to learn more.

Benefits of Hiring a New York Personal Injury Lawyer

A huge reason to hire an attorney right away is that memories and evidence tend to fade away over time.  Prompt investigation of the facts by the attorney helps to ensure the protection of evidence that will be crucial to your case.

Benefits of Hiring a New York Personal Injury LawyerWhen interviewing possible attorneys to represent you, always ask whether the initial consultation will be free or “complimentary.”  Be sure to ask friends, business contacts, and family for referrals to attorneys who have strong trial experience in your particular type of case.  Do not hire an attorney who is merely a general practitioner.  You need a specialist to get the results you want.

When you interview a potential Personal injury attorney New York City, NY, be sure to ask whether you will be regularly dealing with them directly, or their junior associate, paralegal, or nurse.

Most Personal injury attorney New York City, NY will expect to be paid roughly 1/3rd of any legal recovery you may receive, whether through settlement or trial award.  However, you do not have to pay any money out of pocket to hire the attorney to represent you and it is the attorney who pays all of your case’s expenses and out of pocket costs up front, such as filing fees, office expenses, and hiring expert witnesses to prove fault and/or the amount of your damages.

It is important to respond quickly to any question or request for information that your attorney sends to you.  The faster you respond, the faster they can move your case along.  However, if you feel that your attorney does not return your calls, e-mails or texts quickly, consider changing attorneys.

Importance of Medical Care After an Injury

If you have suffered a serious personal injury, seek medical attention immediately.  Some injuries, pain, and limitations are not immediately noticeable and may take time to develop.  You may not even be aware that you have suffered an injury immediately after the accident.  Your attorney will recommend a doctor to you so that all of your injuries may be properly documented and treated.

The longer you wait to seek medical attention, the harder it may be for your attorney to relate your injuries to the accident.

Avoid Talking to Insurance Companies

If you are contacted by a representative of the defendant’s insurance company, do not respond.  The insurance company is not on your side.  They represent the defendant that you may be suing.  After you hire your attorney, ask your attorney to respond to the insurance company on your behalf.

If the insurance company makes an early settlement offer to you, you should understand that the offer will be low and nowhere near the amount you could possibly receive through settlement or trial.

Beware – accepting an early settlement offer will prevent you from proceeding with your lawsuit against the defendant that the insurance company represents.  Insurance companies usually make higher offers once the case approaches its trial date.  If you need another surgery or treatment down the road, but you have taken an early settlement offer, you cannot go back in time and get more compensation. It’s important to wait until we understand the full extent of your injuries.

Working Out the Value of Your Case

In general, you and your attorney need to prove that the defendant you are suing owed you a duty of care, that they failed to perform this duty of care either by their action or failure to act, that this defendant caused your injuries, and therefore that your injuries resulted in money damages.  Types of money damages that may possibly be awarded to you include: past and future wages, pain and suffering, medical bills, and property damage.

It should be noted that if you are found to be partially responsible for your own injuries, then your awarded damages may be reduced accordingly.  This would be defined as your proportion of fault, or “comparative/contributory negligence.”

Overall, the legal process is extremely slow.  Cases routinely take 3-5 years to arrive at trial.  If you cannot afford to wait this long for your settlement or trial award, you may wish to discuss with your attorney accepting an earlier, yet lower, settlement offer.

Few people have the necessary money to continue paying all of their bills while their lawsuit works its way through the court system.  Unfortunately, attorneys are prohibited from loaning their clients’ money while they wait for their cases to conclude.  However, your attorney may be able to suggest other financial options.

There are many types of personal injury cases that may be sued in New York State. They include: slip and fall, automobile and motorcycle, dog bite, wrongful death, products liability, construction, medical malpractice and nursing home neglect, to name a few.

Frequently Asked Questions

What Should I Do After an Accident?

The first step I think is to find an attorney that handles personal injury litigation in New York. That would be the first step. Second step is you want to make sure that you’re seeking the medical attention that you need. In New York, you have to prove that your injury is serious enough to justify compensation. If you’ve suffered an injury and you’re experiencing pain in your neck, your back, wherever the case may be, or your knee, or you broke your arm, your leg, you need to seek medical attention. You need to follow your doctor’s advice and do exactly what it is that they want you to do to help you get better; that’s very important.

What Mistakes Can I Avoid?

Number one, you didn’t advise that you suffered an injury. When the police get to the scene, you must tell the police officer that you suffered an injury. People often leave the scene of an accident before the police arrive. They go home, they go to the doctor or hospital.

Another mistake that’s made is the retention of the wrong type of attorney. Very often, attorneys will accept a case, but it’s not their area of practice. You want to make sure that you get advice from a personal injury attorney with experience in personal injury cases; that’s very important.

How Do I Pick the Right Attorney for Me?

First, you want to make sure the attorney practices personal injury law, specifically personal injury litigation. An estate attorney is not going to help you. They may want to take your case, but they’re not experienced in the nuances that exist relevant to personal injury litigation.

You want an attorney that you can feel comfortable with; I think that’s very important. You want to sit down with that attorney; not with a paralegal; not with the legal assistant. You want to sit down with the attorney, and you want to talk to the attorney, ask the attorney questions. How do you feel after you’ve had that conference with the attorney? I think that’s very important, too.

Finally, it’s important to understand that some law firms are mid-size, some are big. Some law firms are set up where you never really talk to the attorney. You talk to a paralegal or a legal assistant. It’s very rare that you sit down with an attorney. That’s also something to think about when choosing the right attorney to handle your case.

Will the Insurance Companies Help Me?

You may get a phone call from the insurance company asking you questions about what happened, wanting you to make a statement, wanting to discuss your injuries. My advice to them is to seek competent council. Sit down with an attorney; the attorney will advise you as to what you should or shouldn’t be doing. You certainly should not be dealing directly with your insurance company, and you should not be dealing directly with the negligent party’s insurance carrier.

How Do I Determine the Value of My Case?

It’s not an easy answer. It depends on your injury and the extent of your injury; it depends on whether or not your injuries are permanent in nature, and that may take time to evaluate.

Say you broke your arm in the accident, you go through the initial healing process and you go through physical therapy and it’s a year later, and you’ve maximized your physical therapy, and it turns out you have some permanency, meaning that there’s some restriction in the use of your arm. That’s important and we need to add that to the value of the case.

Another issue that comes up is liability. Whose fault is it? Who are we blaming? Sometimes there’s an issue as to whether or not you might have some culpability. There’s maybe some finger-pointing. These issues are important and have to be ironed out to come up with the appropriate value. I will tell you that this firm will make sure that you get the most possible compensation that you’re entitled to for your injuries.

How Long Will the Case Last?

It depends. There are a lot of complex factors that go into play as to how long a case is going to take.

One of the most important factors is the injury itself. We want to make sure that the client has gone through the process of rehabilitation, of recovery from that injury. We want to get to the point where you know whether or not the injuries are permanent in nature. That’s an important factor in determining what the case is worth and what needs to be done to pursue the highest possible settlement or resolution.

The second issue that comes into play has to do with liability. Whose fault is it? Who caused the accident? If there’s some dispute or question as to who the cause of the accident was, those issues need to be ironed out, and sometimes that requires court intervention, meaning a lawsuit and litigation. If that’s required, it can take time. It can take three, four, some cases even five or more years. I will tell you that this firm will do whatever we need to do to ensure that you get the highest possible compensation possible. If it requires litigation, we’ll do that, and we’ll try to get that done for you as quickly as possible.

How Long Do I Have to File?

The answer is to do it as early as possible. You want to do it early because you want to make sure the evidence that you need to prosecute the claim is preserved. An example, you want to make sure that witness statements are taken. You want to make sure photographs are taken of the accident scene. The earlier you begin the process, the better off you are.

There are some legal deadlines that you need to be aware of. You have three years to file a lawsuit in New York if we’re talking about a private defendant. If we’re talking about a municipality, it’s an even shorter time frame. An example is in the City of New York, you must file your claim within a year and 90 days, but there are also notice of claim requirements that have to be met within the first 90 days.

It is important that you retain competent council to guide you through this process. They’ll help and they will make sure that witness statements are taken when necessary, that photographs are taken of the accident scene, and our office can properly guide you through that process.

Contact A Dedicated Personal injury attorney New York City, NY

If you or a loved one are in need of an experienced Personal injury attorney New York City, NY, please call our office today to get a free consultation with Brian Elbaum. Let his experience work for you.

Car Accident Attorney New York, NY

If you have suffered serious personal injuries in a car accident which occurred in New York, we offer our most sincere sympathy.  Many people who suffer personal injuries are understandably overwhelmed.  You may be wondering, “What happens now? Who should I speak with and when?  If I hire an attorney to represent me, when will my case end?  How will I pay my bills if I can’t work?  And how much and when, if ever, will I be paid?”

First, it is very important to hire an attorney as soon as possible. As noted below, the filing deadlines to protect your potential No-Fault benefits and lawsuit award should be dealt with immediately by you and your attorney.

No Fault Insurance in New York

In New York, if you are injured in a car accident (also called a motor vehicle or automobile accident), your options to recover damages may be limited by the “No Fault” law.

New York is a “No Fault” car insurance state.  This means that if you are injured in a car accident, you must first file a No Fault claim under your own car insurance policy in order to receive money for your medical bills and certain other limited types of economic losses, regardless of who caused the accident.

No Fault deadlines are short and require immediate action.  Ask your attorney to help you file all necessary No Fault paperwork on time.

In addition, if your injury qualifies as a “Serious Injury” you may sue the other driver (“defendant”) in court for damages.  A “Serious Injury” includes any of the following: significant disfigurement, broken bone, permanent limitation of use of a body organ, significant limitation of use of a body function or system or a substantially full disability which lasts for at least 90 days.

If your injuries qualify as a “Serious Injury,” you and your attorney need to prove that the defendant you are suing owed you a duty of care, that they failed to perform this duty of care either by their action or failure to act while driving their car or vehicle, that this defendant caused the accident and is therefore responsible for your injuries and that your injuries resulted in money or other types of damages.

Getting Compensation if You Partially Caused the Accident

It should be noted that, in New York, if you are found to be partially responsible for the car accident, then your awarded damages may be reduced accordingly.  This would be defined as your proportion of fault, or “comparative/contributory negligence.”

Overall, the types of damages that may possibly be awarded to you in a car accident case include:  medical expenses, lost wages, loss of enjoyment of life, rehabilitation expenses, life planning expenses, and pain and suffering, which is often the largest portion of damages awarded.  Unlike some states, New York does not limit the amount of pain and suffering damages that may be awarded to you.

On the other hand, if you should die during either the car accident, or afterwards, your case changes from a car accident personal injury case to a wrongful death case in which your family may be awarded damages.  In that situation, No Fault insurance will also pay your estate a separate funeral benefit.  Your estate could also possibly recover other special damages due to your death, including damages for financial loss to your immediate family as well as damages for loss of parental guidance, regardless of the age of your surviving children.  Also, your estate may be eligible to recover damages for any fear of immediate impending death that was felt by you immediately before your death.

Benefits of Hiring a New York Car Accident Attorney

It is very important to hire an attorney as soon as possible.  In New York, most car accident cases must be sued against the defendant or defendants who caused the accident within 3 years from the date of injury.  This 3-year period is called the “statute of limitations.”  If you fail to sue your case with the court within the 3-year period, your case will be thrown out and you will be unable to obtain either a fair settlement or damage award at trial.

Also, if your car accident case involves a New York government (“municipality”) defendant driver and/or vehicle, you must serve a Notice of Claim upon the municipality within 90 days after the date of your injury.  The municipality is then allowed to question you at a “50-h” hearing.  Following this hearing, if you wish to sue the municipality for your car accident personal injuries you must do so within 1 year and 90 days of your injury, unless the injured party is a chid or incompetent.  This is the municipality “statute of limitations.”  If you fail to follow these time-lines, you will be unable to obtain either a fair settlement or trial award against the municipality.

Please note that, if you are injured while you are driving in your capacity as a worker or employee, you may need to file a worker’s/workman’s compensation claim to protect your rights.  Ask your attorney.

Another reason to hire an attorney right away is that memories, witnesses and evidence of your car accident case will tend to fade away over time.  Prompt investigation of the facts by your attorney will help make sure your case’s evidence is protected for your benefit.

Finding the Right Attorney for Your Case

When interviewing possible attorneys to represent you, always ask whether the initial consultation will be free or “complimentary.”  Be sure to ask friends, business contacts, and family for referrals to attorneys who have strong trial experience in car accident cases.  Do not hire an attorney who is merely a general practitioner or handles cases in several different areas of the law.  You need an attorney who specializes in car accident cases.

In addition, while interviewing possible attorneys to represent you, ask them how many trials they have personally handled in car accident cases.  The defendant’s insurance company will be much more willing to make reasonable settlement offers to settle your car accident case if they know your attorney is an extremely experienced trial attorney in these types of cases.

When you interview possible attorneys, be sure to ask whether you will be regularly dealing with them directly, or their junior associate, paralegal, or nurse.

Most car accident attorneys will expect to be paid roughly 1/3rd of any legal recovery you may receive, whether through settlement or trial award.  However, you do not have to pay any money out of pocket to hire the attorney to represent you and it is the attorney who pays all of your case’s expenses and out of pocket costs up front, such as filing fees, office expenses and hiring expert witnesses to prove fault  (“liability”), and/or the amount of your damages.

It is important to respond quickly to any question or request for information that your attorney sends to you.  The faster you respond, the faster he can move your car accident case along.  However, if you feel that your attorney does not return your calls, e-mails or texts quickly, consider changing attorneys.

Importance of Seeking Medical Attention

If you have suffered a serious personal injury, seek Medical attention immediately.  Some injuries, pain, and limitations are not immediately noticeable and may take time to develop.  You may not even be aware that you have suffered an injury immediately after your car accident.  Your attorney will recommend a doctor to you so that all of your injuries may be properly documented and treated.

The longer you wait to seek medical attention, the harder it may be for your attorney to relate your injuries to your car accident and therefore prove your case.

The Insurance Companies Aren’t Your Friends

If you are contacted by a representative of the defendant’s insurance company, do not respond.  The insurance company is not on your side.  They represent the defendant that you may be suing.  After you hire your attorney, ask your attorney to respond to the insurance company.

If the insurance company makes an early settlement offer to you in order to settle your car accident case, you should understand that the offer will be low and nowhere near the amount you could possibly receive through a later settlement or trial.

Beware – accepting an early settlement offer will prevent you from proceeding with your car accident lawsuit against the defendant that the insurance company represents.  Insurance companies usually make much higher settlement offers once a car accident case approaches its trial date, especially if your attorney is known to have a good deal of car accident trial experience.

Overall, the legal process is slow, but we will push the insurance companies to move faster. We will do everything in our power to make this take as little time as possible.

There are many other types of personal injury cases that may be sued in New York. They include: slip and fall, motorcycle, dog bite, wrongful death, products liability, asbestos, construction, medical malpractice and nursing home neglect, to name only a few.

If you need a strong and dedicated Personal injury attorney New York City, NY, please call us today for a free consultation.

Frequently Asked Questions

What Do I Do After an Accident?

The first step I think is to find an attorney that handles personal injury car accident litigation in New York. That would be the first step. Second step is you want to make sure that you’re seeking the medical attention that you need. In New York, you have to prove that your injury is serious enough to justify compensation. If you’ve suffered an injury and you’re experiencing pain in your neck, your back, wherever the case may be, or your knee, or you broke your arm, your leg, you need to seek medical attention. You need to follow your doctor’s advice and do exactly what it is that they want you to do to help you get better; that’s very important.

How do I Pick the Right Attorney for Me?

First, you want to make sure the attorney practices personal injury law, specifically personal injury litigation. An estate attorney is not going to help you. They may want to take your case, but they’re not experienced in the nuances that exist relevant to personal injury litigation.

You want an attorney that you can feel comfortable with; I think that’s very important. You want to sit down with that attorney; not with a paralegal; not with the legal assistant. You want to sit down with the attorney, and you want to talk to the attorney, ask the attorney questions. How do you feel after you’ve had that conference with the attorney? I think that’s very important, too.

Finally, it’s important to understand that some law firms are mid-size, some are big. Some law firms are set up where you never really talk to the attorney. You talk to a paralegal or a legal assistant. It’s very rare that you sit down with an attorney. That’s also something to think about when choosing the right attorney to handle your case.

What Mistakes Can I Avoid After An Accident?

What Mistakes Can I Avoid After An AccidentI just had a call the other day from a client who was in an accident two months earlier and called me to pursue a claim against the driver that caused the accident, but she never went to see a doctor initially. She said her back and neck were bothering her. They were bothering her from the outset when the accident happened.

I said, “Why didn’t you go to the hospital?” I hear various answers. “I had to get home to my children,” or sometimes, “I had to get to work, but it was really bothering me.” Why didn’t you go see a doctor between then and now? Same reasons: I was too busy. I had to go to work. It’s a problem. If you’ve suffered an injury and you’re experiencing pain, you need to seek medical attention right away. That’s one problem that I often see, and I think it’s one of the biggest ones.

The second biggest one is when a client is not honest with the attorney. When a client comes to see me, I’m going to ask questions like, “Were you ever in an accident before? Did you ever suffer an injury to your neck, back, knee, whatever the injury might be?” If the answer should be yes but is no, it could be problematic down the road. It is extremely important that a client be honest with the attorney, so the attorney can properly represent and guide the client through the process.

Should I Talk to the Insurance Companies?

The answer is, speak with the attorney first and let the attorney set that up. You do not want to talk to the insurance company. Yes, you do need to notify the insurance company of the accident, but as far as statements, you want to sit down with an attorney first.

The attorney will set it up. The attorney will guide you through that process. You don’t want to say something that you didn’t mean to say or that may be problematic down the road. In fact, when clients come to see me, I tell them, if the insurance company calls you, you let them know that you have counsel. You give them my information and I will do the rest.

How Do I Get Reimbursed for Lost Wages?

Clients in New York often ask me, “How do I pursue my loss wage claim?” “I haven’t been able to work for the last three months and I want to get reimbursed”. Through the insurance company of the vehicle that you were in at the time of the accident under the no-fault provision of the policy, you can get coverage. What does it require?

First, you need to get disability notes from your doctor stating that you were unable to work. You’ll need to get from your employer what’s called a wage verification document where the employer will show both your attendance or lack of attendance and what your earnings were. Through that process, and through your attorney guiding you through the process, you’ll get your loss wages for the period that you were unable to work.

What Is No Fault Insurance?

The other day I got a call from a client who was injured in a car accident. It was an intersection collision. He was going through the intersection with the green light and the other vehicle was going through the intersection with the red light. He came to me and I told him that you need to file what’s called a no-fault application with your insurance company. He said to me, “Why do I need to do that? I didn’t cause the accident.” I said to him, “Because your insurance company is going to provide you with what’s called no-fault benefits. The reason why it’s called no-fault, is because it doesn’t matter whose fault it is.”

The vehicle that the injured party is in is going to cover for loss wages and medical expenses. It’s not a complicated process, but it is a process that you want to have your attorney take care of. They’ll submit the application; it’s got to be done within 30 days of the accident. They’ll guide you through that process. By submitting the application, it will ensure that you’re protected relevant to the payment of medical bills and the payment of loss wages; what we call economic loss.

What Do I Do About a Serious Injury?

If you’re injured in a car accident seriously, the first thing you need to do is call 911. You want to get the police and an ambulance there as soon as possible if you’re suffering from injuries. If you’re able to do it, you want to take photographs of the accident scene. You want to take photographs of your motor vehicle. You want to take photographs of the area where the accident occurred.

You want to make sure you give the police an accurate statement of what happened. Very often clients will come to me with a police report and say, “It’s not what happened.” I’ll say, “Well, did you talk to the police officers and give them a clear statement?” The answer is no. You want to make sure you give the police officers a clear statement. At some point early on, you’re going to need to call a Personal injury attorney New York City, NY. A Personal injury attorney New York City, NY will help guide you through the process to make sure that your rights are protected. If you’re entitled to recovery from anyone that may have been involved in causing the accident, they’ll be able to make sure that you get that recovery.

How Long Will This Case Take?

It’s a complicated answer. If the injury is significant, it could take quite a long time. If there are issues regarding liability, if both sides are pointing fingers at each other, that stuff sometimes has to be ironed out in court. That means litigation. Cases that don’t require litigation can be settled optimistically within six months to a year. Cases that require litigation can require longer. It’s not unusual or unheard of for a case to take three, four, even five years in New York.

How Long Do I Have to File?

In New York when you’re involved in a car accident with a private individual or a private entity, you need to file your lawsuit in court within three years of the accident.

There are shorter statutes of limitations relevant to if the City of New York is involved. You need to do it in a year and 90 days. There are other restrictions and other exceptions depending on who the defendant is, who you’re going after. It’s very important to understand that.

There are also insurance guidelines. You have to have that no-fault application in within 30 days of the accident. My suggestion is you do it as soon as possible; you get that no-fault application in. An attorney can guide you through this process and make sure all of these things are done and done properly.

How Much Is My Case Worth?

Here in the state of New York, if you’re involved in a car accident, it’s not a simple answer. It depends on the extent of the injury. I have clients that come to me with broken bones. Those accidents are a little easier to evaluate early on, but even those can be more difficult to evaluate. It really comes down to the permanency of your condition.

You also have to look at liability. Liability is assigning fault for the accident. We need to know that it was the other guy’s fault; that they caused the accident. It’s not always clear-cut.

I’ve gotten plenty of clients that have come to me and said, “The driver of the other car went through a red light.” Then I get a copy of the police report, and wouldn’t you know it, the driver of the other car said my client went through the red light. Now, all of a sudden you have an argument as to whose fault it was. That’s going to play into the value as well. At the end of the day, there are so many factors that come into play in determining the value of the case.

Contact Us for a Free Case Review

If you injured in a motor vehicle, don’t hesitate to call our Personal injury attorney New York City, NY. We have extensive knowledge of New York’s traffic laws, and we’ve helped hundreds of victims recover compensation.

Call now for a free, no-obligation case review. We’re happy to answer any questions you have about your case. Call now.

Motorcycle Accident Attorney New York, NY

If you have been involved in a motorcycle accident, you know how traumatic it can be. After the accident, you may not have even been conscious but if you were, those moments must have been absolutely horrifying. We understand that coming back from an accident like that can be hard. You may be in immense pain, suffering from anxiety related to the collision, and now you have these medical bills that you don’t know what you’re going to do about.

That is when hiring an experienced Personal injury attorney New York City, NY is going to be of value to you. Brian Elbaum has been handling these types of cases for years and knows how to build a successful case that will get you the compensation you deserve. If you feel at a loss right now and can’t imagine going through a lawsuit on your own, do not hesitate to give our office a call today to schedule a free consultation.

Getting Compensation After the Crash

Unlike other motor vehicle accidents in New York, you are not covered under “No Fault” insurance for your injuries. This means that you are not entitled to have your medical bills or lost wages covered automatically regardless of fault. If you want compensation, you will have to bring a claim. This is a significant fact because it may make recovering financially harder. Do not panic. This is not the end of your line. Your attorney can help you deal with filing a claim so that you can see the compensation you deserve.

In order to file a claim, you have to prove negligence. This can be challenging but it’s not impossible. Hopefully you took the proper steps following the accident that will help you when you go to file. Immediately after an accident, you should:

  • Call 911 and get the police on the scene to make an accident report
  • Seek medical assistance either immediately if you’re seriously hurt or later on
  • Take photos and videos of the crash scene for evidence later on
  • Get the contact information from any witnesses
  • Swap insurance and contact information with the other driver involved in the crash
  • Contact a Personal injury attorney New York City, NY

This are essential steps to ensure that your claim is successful. They are all important and necessary steps, but the two that you absolutely have to do in order to get compensation are seeking medical care, and calling an attorney.

If you don’t get your injuries checked out, even if it’s a visit to urgent care, there is no record that you were hurt. It will be very difficult then to prove that your injuries are related to the accident. You should not wait until you can’t turn your head or you can’t get out of bed to seek help. Injuries after an accident may take a day or even a week to turn up, but that does not mean it is wise to ignore them. Your recoverable damages come from determining the extent of your injuries and without record of them, you may have a hard time getting compensation. Some common motorcycle injuries include:

  • Traumatic head injury
  • Broken bones
  • Road burn
  • Spinal cord injury
  • Internal bleeding

While it is not impossible to bring a claim and get some compensation on your own, it certainly is not advised. You are probably experiencing a lot of pain and stress following this accident and adding the pressure of handling your own motorcycle accident claim might be too much and you may never be able to get the compensation you deserve without the help of an attorney whose job it is to get that for you. You can recover damages for:

  • Your medical bills
  • Your lost income
  • Property damage
  • Pain and suffering
  • Emotional trauma

Call an experienced Personal injury attorney New York City, NY today to discuss this at length.

Determining the Liable Party

While there are cases in which motorcyclists cause the accidents, more times than not, it is another motorist who caused the accident. Some common causes of motorcycle accidents include:

  • Motorists not checking their blind spots before merging
  • Motorists running stop signs
  • Motorists failing to yield to a motorcycle
  • Motorcyclist weaving in and out of traffic

Fighting against the stigma of motorcyclists being reckless drivers who cause their own accidents is something that you and your attorney are going to have to deal with. If your case goes to trial, and it may, you have to convince a jury to ignore any bias they may have against motorcyclists. It’s really an unfair bias they have. People think that, just because you choose to ride a motorcycle, you are submitting to the risks of getting hurt because you’re not in the protective frame of a car, SUV, or van. That’s not the case. If you ride a motorcycle, you are no more to blame for your injuries than anyone else is.

Frequently Asked Questions

What Do I Do If I’ve Been Injured?

First thing you want to do is call 911. Make sure that the police arrive at the scene and that if necessary, ambulance personnel arrive at the scene. Make sure you give the police the proper statement of what happened. If you were hit by a car and that car had gone through a red light, make sure the police officers know that. If you suffered injuries, you want to let them know that. Not every injury is visible. Some injuries are not visible, such as what they call soft tissue – a neck injury, a back injury, a knee injury. If you’re feeling any discomfort, you need to let the police officer know.

You want to retain or consult with competent council. You want to get on the phone with an attorney who knows how to navigate the many issues that come up in motorcycle type accidents. That competent attorney should have experience in motorcycle accidents and personal injury litigation experience.

How Do I Pick the Right Attorney?

The answer is that you need to know that the attorney has personal injury experience in handling motorcycle accident cases. You need to know that the attorney is someone that you can work with. You will have an opportunity to sit down with the attorney before retaining them during an interview. You can ask them: How long have you been practicing? Do you litigate cases in court? Do you handle motorcycle type cases? The answer may be yes to all of them, but you also want to feel comfortable with that attorney.

I think it’s very important that you have a good relationship with the attorney, that you feel comfortable that if you make a phone call to the attorney, the attorney is going to pick up the phone and talk to you; that’s very important. That’s what I would see as the most important things to look at when retaining competent council.

What Mistakes Should I Avoid?

There are common mistakes that I see time and time again when I speak with clients who are looking to retain our office to represent them. One mistake is that they wait too long to retain council. You want to get on the phone with an attorney as soon as possible so that attorney can advise you as to what you should and shouldn’t do.

A common mistake is getting on the phone with the insurance carrier that insures the one that caused the accident. They’re going to try to get you to give them information that may end up hurting you down the road. You don’t want to get on the phone with them. You want to speak with an attorney and let the attorney speak with the insurance carrier.

Another mistake that I see made quite often is not advising the police officer exactly what happened. You want to make sure that you get your statement on the record. If the other guy went through a red light, you want the police officer to know that the other guy went through a red light and that you had a green light. You want to make sure the statement is correct and that you’re clear about it.

You want to make sure that you seek medical attention. If you were injured in that accident, you want to let the police officer know so that they can call an ambulance. If the ambulance personnel shows up, you want to talk to the ambulance personnel and tell them where it hurts. I can’t tell you how many times I’ve had clients who were injured and they felt the injury at the scene of the accident, but they didn’t say anything because they needed to get home to their children, or they needed to get to work. If you suffered an injury, you need to seek medical attention right away.

Can I Bring a Claim for Hazardous Road Conditions?

The other day I got a call from a client who was on his motorcycle in the parking lot of a supermarket and there were potholes all over the parking lot. Unfortunately, the front wheel of his bike landed in a pothole and it caused him to lose control and fall, and he suffered a significant leg injury. He asked me, “Can I go after the owner of the parking lot?” The answer is yes. We need to find out who the owner of the parking lot is. We need to find out who maintains the parking lot. There may be more than one party involved. It may be that the owner of the parking lot has a contract with the company that’s hired to maintain the parking lot, or a contract with a company that is hired to manage the entire premises, inside and outside. The answer to if you have a claim is yes.

How Much Is My Case Worth?

The answer is complicated. There are many factors that go into play. One factor is the extent of the injury, let’s say it’s a broken wrist. It takes a while for that broken wrist to heal. We may not know for a year whether or not there are permanent issues relevant to that broken wrist, and that could add value to the case. It could be after a year that you’ve reached maximum improvement in terms of physical therapy and rehabilitation, but the wrist has what they call range of motion issues. If you move it too far to the left or right it begins to hurt; that’s important. That adds value to the case.

Another issue that comes up is liability, pointing a finger at who caused the accident. That’s important; it’s not always clear cut. Sometimes you’ll have a defendant, the one that you’re pointing a finger at as causing the accident, point the finger right back and say that you caused the accident. These are issues that have to be resolved and ironed out that all go into determining the value of the case.

Should I Talk to the Insurance Companies?

Should I Talk to the Insurance CompaniesThe other day I got a phone call from a client who had gotten into an accident about a week earlier. He was on his motorcycle and he was going through an intersection, and the other vehicle hit his side. They went through a red light and struck him, and he had some significant injuries. When we were on the phone speaking, he told me, “I gave a statement to the insurance carrier.” I said, “Well, whose insurance carrier?” “Well, the guy that went through the red light.” And I said, “No! You don’t want to do that.”

You don’t want to do that because they have key questions that they’re going to ask you that can hurt your case. They’re trying to get the information from you before you have an attorney sit down with you to advise you. My advice is not to speak with the insurance carrier for the other side, but to sit down with an attorney and let the attorney do that work for you.

How Long Will This Case Take?

There’s no easy answer to that. There are many factors that come into play. One factor is the injury itself. What type of an injury is it? How long is it going to take to heal? Some injuries can take over a year to heal, if not longer. You want to make sure that you don’t resolve the case before that, because there may be some residual permanency, relevant to the injury, that you want to factor into your determination as to the value of the case.

Another factor that comes into play is liability. Whose fault is it? That’s a factor as well. Some cases require litigation in order to get the compensation that you’re entitled to. If the case requires litigation, it can take time. I will tell you that our firm is dedicated to making sure that we get you a resolution that you’re entitled to as quickly as possible.

Do I Have a Claim If I Was a Passenger?

The answer is yes, of course you have a claim. It could be against the operator of the motorcycle if the motorcycle operator violated certain rules or was careless and negligent. If there are other vehicles involved, it could be against the operators of the other vehicles. You do want to sit down with an attorney to go through the facts of the case so that the attorney can properly advise you.

Do I Have a Claim If I Was Run Off the Road?

The other day, I got a call from a client who was on his motorcycle. He was traveling on a main thoroughfare where there was a yellow line separating his lane of traffic from vehicles going the opposite direction, and for some unknown reason a vehicle going in the opposite direction swerved into his lane and forced him off the road and into a tree. The question he had was, “Don’t I have a claim against this guy that drove over the yellow line into my lane of traffic?” The answer is yes.

We will be looking to answer a few questions: Did that vehicle stop at the scene? Were you able to get information on that vehicle? Did the police come? Is it documented on the police report? If you have the license plate, a license plate search could be done to identify the vehicle; even better if the vehicle stopped at the scene, and the police arrived, and it’s now documented on a police report – you certainly have a claim against the operator of that vehicle.

Personal injury attorney New York City, NY

If you need a dedicated Personal injury attorney New York City, NY to help you through your motorcycle accident claim, please call our office today to get a free consultation with Personal injury attorney New York City, NY Brian Elbaum. You will be in good hands.

Truck Accident Attorney New York, NY

Commercial trucking accidents can have devastating consequences for victims. These accidents can result in serious injury or loss of life. Often, victims don’t know who to turn to for help. A Personal injury attorney New York City, NY helps victims recover the compensation they rightfully deserve.

Accidents involving commercial trucks are one of the most devastating types of motor vehicle accidents. In fact, according to the National Highway Traffic Safety Association, trucking accidents result in 4,000 deaths per year in the U.S.  

Sadly, truck accidents are often avoidable and caused by negligent truck drivers and trucking companies. Overtired or intoxicated drivers, unsafe equipment, and failure to adhere to traffic safety regulations are some of the most common causes of this devastating type of accident.

If you were involved in a trucking accident, you’re probably scared, in immense pain, or recovering from serious injury. You likely don’t know who to trust, or what your legal options are. We can help. Our Personal injury attorney New York City, NY can help you fight for the maximum compensation to ensure you recover physically, financially, and emotionally from your injuries.

Do I Need to Hire a Personal injury attorney New York City, NY?

After an accident, victims have many legal options for recovering compensation. They can file insurance claims, seek settlements with the trucking company, or file a lawsuit against a negligent party. Fighting for and successfully winning compensation requires in-depth legal expertise.

Our Personal injury attorney New York City, NY have years of experience working with these types of cases. We can help you investigate your accident, find evidence of negligence, and fight for fair compensation for your injuries. Our team will also protect you from the unfair and aggressive behavior of the trucking company’s lawyers and insurers.

The majority of trucking companies in the U.S. are protected by multi-million-dollar insurance policies and high-powered legal departments. They often bully and push victims into accepting unfair compensation offers. When you hire a Personal injury attorney New York City, NY, your attorney handles all of these negotiations, so you can focus on your recovery.

When you hire our legal team, we will help you:

  • Investigate the accident
  • Reconstruct the scene with the help of experts
  • Collect black box data from the truck
  • Investigate FMCSR violations
  • Determine if traffic laws were violated
  • File claims on your behalf
  • File lawsuits, if this is a legal avenue you choose to pursue

Bottom line, your attorney’s primary goal is serving your needs, defending you against unjust behavior, and fighting for the maximum amount of compensation that you rightfully deserve.

Who Caused Your Accident?

Truck drivers and trucking companies must meet stringent safety regulations. These rules are put in place to protect fellow motorists on the road. Unfortunately, the industry often bends the rules, pushing drivers to work long hours, putting off scheduled maintenance, or failing to properly train their workers.

This negligence can have serious and life-altering consequences for victims. Ultimately, if someone’s negligence led to your accident, you have a strong case for compensation. Some of the most common causes of trucking accidents include:

  • Overtired drivers
  • Intoxicated driving
  • Failure to adhere to traffic safety laws
  • Unsafe lane changes or sudden stops
  • Failure to conduct scheduled maintenance
  • Failure to properly train CDL drivers

Our legal team has extensive experience investigating trucking accidents. We’ll collect evidence, speak with witnesses, and investigate the driver, vehicle and trucking company to determine if negligence caused your accident. Our goal is to help you build the strongest case possible.

Insurance Companies Are Not Your Friends

After an accident, you may hear from insurers and attorneys for the trucking company. You’re not legally obligated to talk with them. In fact, we recommend that you do not. Instead, we recommend that you contact a qualified Personal injury attorney New York City, NY.

Insurance companies do not have your best interests in mind. They care about the bottom line most. Therefore, they may delay, ignore, or outright deny your insurance claims. And the attorneys for the at-fault party will seek to undercut your case.

You should contact an attorney before calling your own insurance company too. You might be their client, but still, they may not have your best interests in mind. A Personal injury attorney New York City, NY helps protect you against unfair settlement offers.

What to Do If You Were Involved in an Accident

In the immediate aftermath of a trucking accident, you may be fighting for your life, in immense pain, and in severe shock. In the days following the accident, you may not know where to turn or who you can trust. There are steps we recommend you take to protect your rights and your safety. If you were involved in a truck accident, we recommend you:

  • Seek Medical Attention – Your safety and the safety of your passengers should be your number one concern. If you are able to, call 911. Witnesses or other involved parties are responsible for calling for help, if you cannot call 911.
  • Get Out of Harm’s Way – If you are located in way of oncoming traffic, you should seek a safe space within viewing distance of the scene.
  • Collect Evidence – If you are able to, take photos and videos of the accident scene. Record any details about the accident you remember, as well road conditions. Also, take photos of your vehicle and collect witness contact information.
  • Talk with Investigators – If you do not require medical attention, you can talk with investigators. Provide any details you can about the accident. But DO NOT admit fault.
  • Avoid Admitting Fault – Investigators and insurance companies may want your opinion on who caused the accident. You should not admit fault. This can hurt your case, even if you improperly implicate yourself.
  • Seek Legal Advice – A Personal injury attorney New York City, NY can help you manage the legal process and fight for the maximum compensation. Contact an attorney as soon as possible after your accident.

Types of Compensation Available for Victims

After an accident, victims face many new challenges – both physical, emotional, and financial. For example, paying for medical bills can become an overwhelming burden, and lost wages from time away from work can add financial stress.

Compensation is available for victims for any and all costs related to their accidents. These accidents can cause financial and non-financial burdens, including lost wages, loss of earning capacity, and pain and suffering. Your Personal injury attorney New York City, NY will help you fight for any and all compensation, including to help pay for:

  • Medical bills, rehabilitation costs
  • Lost wages, lost earning capacity
  • Emotional distress
  • Pain and suffering
  • Loss of consortium
  • Loss of normal life
  • Disability or disfigurement

Ultimately, you have the right to fair compensation. Your attorney’s job is to fight for the maximum amount to help you recover emotionally and financially.

Frequently Asked Questions

How Do I Choose the Best Attorney for My Claim?

If you were involved in a truck accident in New York, you need to seek competent counsel. The one thing you want to know is that attorney has experience in personal injury litigation; that’s very important. An attorney that does divorce work is not going to be of use to you. An attorney who does estate work is not going to be of use to you. You want an attorney whose focus of their practice is personal injury litigation.

That’s not all; you want to feel comfortable with that attorney. You want to sit down with that attorney, and talk with that attorney, and ask questions. I believe that there’s a marriage between the attorney and the client because the attorney and the client together are going to be moving through the process to ultimately get your recovery. You want to know that you feel comfortable with that individual. It’s very important.

The third thing is that you need to look at the firm itself. Is it a big firm? Is it a small firm? With some firms, you really don’t have the opportunity to speak with the attorney. You’re assigned a paralegal. That may be okay to some, but I think it’s important that the attorney that you choose is someone that you can have access to, that you can call and ask questions of; not just deal with the paralegal or the legal assistant.

What Should I Do After an Accident?

I got a call the other day from a client who told me that he was involved in a truck accident. He wanted to know what he should do. The first thing I told him to do was hang up the phone and call 911. He was at the accident scene at the time. The first thing you want to do is call 911. You want to get the police there as soon as possible and you want to get an ambulance there as soon as possible to take care of those who are injured. He called me because he was injured.

Second thing you want to do is make sure you give a proper statement; your statement as to what you saw happen at the accident scene so that the police can document that on the police report. You want to make sure that you tell the police officer at the scene and the ambulance personnel at the scene what your injuries are; that’s very important. A lot of times, clients are feeling pain, but they don’t say anything at the time. They wait until the next day or two days later to seek medical attention or to notify that they were injured. You want to do it at the scene of the accident.

If you’re able to take photographs, if you’re well enough to do that, take photographs. If you have somebody with you who is not injured, see if they can take pictures of the accident scene; that’s also very important. Of course, after he called 911, he got back on the phone with me so that I could guide him through the process which is important. You need to call an attorney as early on so that attorney can guide you through the process. You should make sure that the attorney you’re calling is a personal injury attorney.

Should I Talk to the Insurance Companies?

The answer is no. What you want to do is speak with your attorney and let your attorney guide you through the process.

The attorney will contact the insurance carrier. If necessary, the attorney will deal directly with the trucking company. It’s not advisable for the client to speak with them. That’s what you have the attorney for. The attorney will set it up and set up any statements that are necessary. Let the attorney protect your rights and let them handle that function.

What Mistakes Should I Avoid After an Accident?

I see common mistakes that people make when they’re involved in truck accidents. The number one mistake is not advising either the police officer or the medical personnel at the scene that you were injured. Oftentimes, individuals may be experiencing pain, be it the shoulder, the knee, the back, the neck, but they’re not saying anything. I see that as a mistake.

I see also a mistake in not calling 911. Oftentimes, nobody calls 911. They exchange information, but the police never show up, the ambulance personnel never show up, and the accident isn’t documented. That can be a problem as well. I see a problem in that clients take too long to seek the advice of counsel. I had a client call me the other day who waited two months before contacting me about the accident. You want to get competent counsel to advise you as early as possible.

What Steps Are Taken After My Accident?

The first step is that you want to make sure that you get the medical bills paid. If there are lost wages, you want to make sure that you collect your lost wages. That requires notifying the insurance carrier. If you were operating the vehicle at the time or a passenger in the vehicle at time, it would be the insurance carrier that covers that vehicle. That’s one step we need to take.

Another step we need to take is to notify the insurance carrier for the trucking company. We may be able to find that information on the police report. If not, we’ll deal directly with the trucking company and get that information from them. Those are the initial steps.

What you need to do is get yourself healthy. That requires that you seek the medical attention that you need. If the doctors are advising you to do a, b, c, and d, then you should do a, b, c, and d. Those are the initial steps.

How Much Is My Case Worth?

It’s not an easy answer. What is the extent of the injury? How early on is it in regards to the injury?

It takes a while for people to recover from an injury. We need to know what the residuals are from that injury. We need to know whether the injury is permanent or not. Those are important factors that go into play.

Other factors that go into play is liability. Whose fault is it? Who caused the accident? There may be a dispute as to whether it was the other guy that caused the accident, but quite frankly, they could be pointing the finger at you and saying you caused the accident. Those often have to be ironed out in court. That will also go into determining the value of the case.

Should I Take a Settlement Offer?

People often ask me if it’s advisable to take an offer directly from the trucking company early on after the accident occurred. I had a client call me the other day who told me that there was an offer made and wanted to know If she should accept the offer.

I asked her about the accident, how the accident happened. I asked her about her injuries. She had some significant injuries. The answer that I gave her was, “No, come to my office. Let’s sit down and go through this case. Let’s file a claim against the trucking company and the insurance carrier for the trucking company.”

You need to have competent counsel represent you and guide you through this process. Competent counsel will get you the compensation that you’re entitled to. What often happens is that the insurance company will try to get you to take an offer very early on before you’ve had a chance to speak with competent counsel to close out that case. What people need to be aware of or what you should understand is that if you accept an offer, you’re going to be required to sign releases. Then you’ll never have an opportunity to have an attorney go after the trucking company down the road.

How Long Does a Case Last?

There’s no easy answer. You need to first go through the healing process of your injury. We need to know if those injuries are permanent in nature. You don’t want to resolve a case too soon because you may be losing out on value because it turns out that the injuries are permanent in nature. Those take time to discover.

It may require litigation. It may be a case that certain issues have to be ironed out in court. If it is a case that requires litigation, that could take quite some time. In litigation, it can take two to as much as five years to resolve. Very often that is required in order to get you the compensation that you’re entitled to.

How Long Do I Have to File?

There’s more than one type of claim relevant to truck accident cases. You have your no-fault claim. That’s the insurance company that’s going to cover your lost wages and your medical expenses. You have to file your application for no-fault benefits as a general rule within 30 days.

Now, you have a bodily injury claim to collect for what’s called your pain and suffering. For a private individual, private corporation, private entity, you have three years to bring a claim or settle. However, if it’s a municipal entity, let’s say it’s a Department of Sanitation truck from the City of New York, you have a year and 90 days. It’s important that you hire competent counsel, an attorney in New York who can guide you through the process and make sure that these filing deadlines are met.

Call Now for a Free Case Evaluation

If you or a loved one were injured in an accident involving a semi-truck, we want to help. We offer 100% free, no-obligation case evaluations. You can contact us anytime, and we’ll listen to the details of your case. Call now for a confidential consultation.

Bus Accident Attorney New York, NY

Being involved in a bus accident – as a passenger or motorist – is a frightful, traumatic experience. Victims are often scared, unsure of their legal options, and dealing with pain and property damage after an accident. A Personal injury attorney New York City, NY can help you fight for the compensation you rightfully deserve.

Millions of New Yorkers rely on bus operators to get them safely from Point A to Point B. And millions more share the roadway each day with commercial and public buses. Bus operators have a responsibility to protect their passengers and safely share the road. When they fail to meet that responsibility, their negligence can have life-altering consequences for victims.

Were you injured in a bus accident in New York? Whether you were a passenger or a motorist that collided with a bus, you may be entitled to compensation for your injuries.

Our Personal injury attorney New York City, NY want to help. Our legal team has helped numerous bus accident victims in New York fight for the maximum compensation for their injuries. We bring extensive knowledge of bike safety laws, as well as thorough investigative skills to the table. Let us provide you a strong defense of your rights so that you can focus on your recovery.

Who Caused Your Accident?

Bus operators must take care to protect passengers and other motorists on the road. Failure to adhere to traffic requirements, follow regular maintenance, and adhere to other safety codes can put others in harm’s way. Common causes include:

  • Impaired driving
  • Reckless driving
  • Failure to follow traffic safety laws
  • Distracted driving
  • Unsafe equipment
  • Improper maintenance

This type of accident can involve you in several ways, including as a passenger, a motorist, or a pedestrian. No matter how you were involved, you may be entitled to financial compensation for any injuries and property damage that you incur. A few common scenarios include:

  • Bus Passengers – Passengers can be injured when riding a bus that’s involved in an accident. Operators have a responsibility to protect you. If the driver or bus company failed to follow proper safety protocol, you may be entitled to compensation.
  • Motorists – For motorists, colliding with a bus is one of the scariest types of accidents. Your sedan, truck, or van doesn’t stand a chance against a 30-ton bus. Unfortunately, this type of accident often results in severe injuries for motorists. If you were struck by a bus while driving, you may have a strong case for compensation.
  • Pedestrians – Cyclists and pedestrians can be struck by buses, and often this type of accident can be life-threatening. If a bus operator acted negligently, you may be entitled to compensation.

Do I Need to Hire a Personal injury attorney New York City, NY?

Bus accident cases are often complex, and require in-depth knowledge of local bus laws and regulations. The best bus accident Personal injury attorney New York City, NY specialize in this type of case, and have a deep understanding of the legal requirements of bus operators.

In other words, if you have been involved in a bus accident, it’s important to contact a personal injury attorney with experience in this type of case. Your Personal injury attorney New York City, NY will help you manage the entire process and will thoroughly investigate your accident to determine who was at fault. When you hire an attorney, your Personal injury attorney New York City, NY will help:

  • Investigate your accident and collect evidence
  • Investigate the bus company and their safety record
  • File claims on your behalf
  • File lawsuits on your behalf, if you choose to
  • Reconstruct the accident with expert help

Similarly, a qualified attorney helps protect you against the bus company. Bus operators in New York are protected by aggressive legal departments and insurance companies. They do not care about your safety; they’re focused on the bottom line. Therefore, it’s not uncommon for victims to have claims ignored or denied. A Personal injury attorney New York City, NY helps you recover the maximum compensation quickly and protects you against bullying behavior.

What Type of Compensation Is Available?

After a bus accident, you might be left with mounting medical bills, rehabilitation costs, and be experiencing financial strain because you had to spend time away from work. You may have lingering pain, and your vehicle may be damaged or inoperable. Compensation is available to repay you for any costs directly related to your accident.

There are two main types of compensation available for victims. They include compensatory damages and punitive damages.

Compensatory damages cover your financial and non-financial costs related to your accident. They can be used to help you pay for:

  • Medical bills, rehabilitation costs
  • Recoup lost wages or lost earning capacity
  • Pain and suffering
  • Emotional distress
  • Long-term disability

Punitive damages is reserved for cases of gross negligence and malice. If a bus operator did not take proper safety steps, they can be financially punished by the court. This type of damage is awarded on top of any compensatory damages, and the amount is determined by a jury if your case goes to court.

Steps to Take If You Were Involved in a Bus Accident

In the immediate aftermath of an accident, you may be in shock, suffering from serious injury, and unsure of your legal rights. There are steps you can take to stay safe and protect your case. We recommend following these steps:

  • Seek Medical Care – Call 911 and receive medical treatment for any injuries that you have.
  • File a Police Report – Even if you were uninjured, it’s important to call 911 and talk with investigators. Filing a report will help protect your case. Share any details you have with investigators, but DO NOT admit fault.
  • Collect Evidence from the Scene – Take photos of any injuries that you have, as well as photos and videos of the accident scene. Also, collect name and contact information for any witnesses.
  • Do Not Admit Fault – Investigators and insurance companies will want to know who caused the accident. DO NOT admit fault. This will hurt your case. If you admit fault, and later it’s determined you did not cause the accident, your case can become more difficult to pursue.
  • Seek Legal Advice – Contact a New York bus accident lawyer as soon as possible. Victims have a short timeframe for filing claims. The sooner you contact an attorney, the stronger the case you can build.

Avoid Talking with Insurance Companies

You may feel compelled to contact your own insurer to inquire about medical benefits or for vehicle repairs and you may hear from the bus operator’s insurance company.

In both cases, we recommend that you seek legal counsel prior to talking with insurers. Insurance companies, even your own, care much more about the bottom line than your safety or financial concerns. They’re notorious for fighting, denying, or ignoring claims.

Your Personal injury attorney New York City, NY will protect you from aggressive behavior and fight rigorously for the compensation that you deserve.

Frequently Asked Questions

How Do I Pick the Right Attorney?

You want an attorney that is experienced in handling bus accident type cases. You want a personal injury attorney with that experience. You want an attorney that is experienced in litigating bus accident cases. That’s number one. You want to sit down with that attorney and when you sit down with that attorney, you want to ask that attorney questions. You want to find out more about that attorney. You want to find out more about the cases that that attorney has litigated in the past.

You want to feel comfortable with that attorney; that’s very important. I often tell people that there’s a marriage between the attorney and the client, and you have to work together from the beginning up through the resolution of the case. These are important factors to consider when making a determination as to who you want to represent you in your bus accident case.

Will the Insurance Companies Help Me?

You may get a phone call from the bus company asking you questions about what happened, wanting you to make a statement, wanting to discuss your injuries. My advice to them is to seek competent council. Sit down with an attorney; the attorney will advise you as to what you should or shouldn’t be doing. You certainly should not be dealing directly with the bus company, and you should not be dealing directly with the bus company’s insurance carrier.

What Mistakes Can I Avoid?

Number one, they don’t advise that they suffered an injury. When the police get to the scene, you must tell the police officer that you suffered an injury. People often leave the scene of an accident before the police arrive. They go home, they go to the doctor or hospital. You want to make sure you stay on that bus so that it’s documented that you were on the bus at the time of the accident; that’s very important.

Another mistake that’s made is the retention of the wrong type of attorney. Very often, attorneys will accept a case, but it’s not their area of practice. You want to make sure that you get advice from a personal injury attorney with experience in bus accident type cases; that’s very important.

What Do I Do Right After the Bus Accident?

What Do I Do Right After the Bus AccidentFirst thing you need to do is call 911. You want to make sure that the police come to the scene to document the accident, and you want to make sure you advise the police exactly what happened. If the bus operator went through a red light, you need to make sure that the police officer knows that the bus operator went through the red light; that’s very, very important.

You need to seek medical attention if you suffered an injury, and you don’t want to wait on that. If you’re feeling pain at the scene, you need to tell the police officer that you’re in pain and that you want an ambulance; that’s very important. I can’t tell you how many calls I get from clients who call me a month after the accident and I ask them, “Did you go to the hospital from the scene?” and the answer is no, not because they weren’t injured, and they just wanted to deal with the injury and get home. You need to seek medical attention as soon as possible.

Are Bus Accident Claims Different from Car Claims?

One of the issues that comes up is if it was a bus owned by the municipality. Was it a New York City transit? Is it a private bus company? That’s important because if it’s a city bus, there are certain requirements that we need to follow. If it’s a transit authority bus, or a city bus, we need to file what’s called a notice of claim and we have to do that within 90 days. You don’t have to deal with that if it’s a private operator of a car.

Other issues that come up is that you’re dealing with corporations, or corporate entities very often. You may have the owner of the bus, and then you have a different company that’s running the bus service, so you have different entities; that’s also a distinction that needs to be made when comparing it to an auto accident where you’re dealing with just a private car owner.

How Much is My Case Worth?

There’s no easy answer because I don’t know all of the factors yet. An important factor is where the injury is going. It could be a broken arm. It could be a broken leg. It could be a neck or back injury. These things take time to go through a healing process. After that healing process, I need to know what the residual is. Is there permanency? If there’s a broken wrist, is that going to lead to some sort of degenerative change to the wrist? Is it going to lead to an arthritic change? Is it going to lead to a restriction of motion that could be permanent in nature. You’re not going to know that the week after the accident. That may take a year, if not longer, to know. That’s an important factor in determining value.

Another important factor is how the accident happened. Whose fault was it? You may be the operator of a vehicle who was involved in an accident with a bus and the bus driver may be saying you went through a red light, and you’re saying no, I didn’t, I had a green light; you went through the red light, and it’s on the police report that both sides are saying they were in the right. Those issues have to be ironed out, and that could play into the value of the case.

Should I Take the First Settlement Offer?

I just got a call from a client the other day who was in a bus accident about a week earlier. She said to me, “I was on the phone with the insurance carrier for the bus company and they offered me a couple of bucks. Should I take the offer?” I first asked her, “Well, tell me about the case. What happened?” She told me that she was on a bus, that the bus operator went through a red light, and they were hit by a car heading across the intersection. She told me that she immediately had pain in her shoulder, her knees, her neck and her back, and that she went to the hospital and she’s begun the course of treatment with a medical facility. I told her, “You need to come to the office right away and don’t take that offer.”

What often happens is that the insurance carriers, they want to get the case resolved as cheaply as possible and as fast as possible before the individual seeks the advice of counsel. They want to do it because they know if the individual takes the offer, they’re going to sign documents and they’ll never be able to file a claim down the road regarding the accident. The answer to the question is no. You want to seek the advice of counsel. Let an attorney get involved. Let an attorney communicate with the insurance carrier to make sure that you get the compensation that you’re entitled to.

How Long Will My Bus Accident Case Last?

There’s no real easy answer to that. A lot of it depends on how the accident occurs, who the defendants are, and what kind of an injury you have. Injuries can take quite a while to reach recovery. At that point, we need to know if it’s permanent in nature because that’s very important in determining the value of the case, and that could take a year; it could take longer depending on what type of injury. What we do is we try to push these cases along as quickly as possible so that we can get you the best possible results as early as possible.

How Long Do I Have to File My Claim in New York?

The answer can be complicated. It depends on who the bus company is. Are they a city-run company, like the transit authority, New York City Transit Authority, or are they privately owned?

If it’s the city, you need to file a notice of claim as quickly as possible, but it must be done within a 90-day period. When I say the city, I’m talking about the New York City Transit Authority type of a case. If it’s a privately owned bus company, then you have a longer period. You also have to be aware that there are other guidelines. There are no fault benefits that you might be entitled to, and you want to make sure that you get a no fault application to the proper party. No fault covers you for your economic loss, your medical expenses, and your lost wages.

Can I Sue If My Child Was Hurt on the School Bus?

The answer is potentially, yes, you do. You also have a case against the bus company because typically what happens is the school will enter into a contract, or the municipality will enter into a contract, with a bus company to ensure the safe transportation of students to the school.

Now, there are some claim issues you have to be aware of. If it’s a municipality, you have to file what’s called a notice of claim. Typically that has to be done within 90 days, but it really depends on the municipality. It’s very important that you hire competent council who can guide you through that process and make sure that the notice of claim, and whatever other documents that have to be filed, are filed timely.

Call Now for a FREE Case Review

If you were involved in a bus accident in New York, our legal team wants to help. We offer extensive experience in this type of case and have helped hundreds successful fight for the compensation they deserve.

Call now for a free, no-obligation case review. We’ll provide you with legal options, and determine if you have a case. You can choose to hire us after we talk.

Bicycle Accident Attorney New York, NY

Every day, cyclists in New York share the roadways with vehicles. Accidents do happen, though. These accidents can have life-altering consequences for victims. Sadly, hundreds of New York bike accidents result in death each year.

Unfortunately, a majority of bicycle accidents are caused, not by the cyclist, but by unsafe drivers on the road. If your accident was caused by someone else’s negligence, you may be entitled to compensation.

A Personal injury attorney New York City, NY can help you recover the compensation you rightfully deserve. You shouldn’t be stuck with medical bills and other costs related to your accident. Your focus should be on your recovery, not fighting with insurers over claims. That’s how we can help.

Our legal team will fight for your rights and help you recover compensation for any and all costs related to your accident.

What Was the Cause of Your Accident?

Bicyclists take great care to protect their safety, using reflectors and other safety gear to make themselves visible to other motorists. Unfortunately, a great many bicycle accidents aren’t caused by unsafe cyclists. They’re caused by negligent drivers who do not take proper steps to share the road safely.

Some of the most common causes of bicycle accidents include:

  • Distracted driving, or texting while driving
  • Unsafe lane changes and unsafe turns
  • Pulling into the bike lane
  • Opening doors into bike lanes
  • Inadequate lighting
  • Passing too closely
  • Reckless driving
  • Driving while intoxicated

A driver’s negligence can have life-changing consequences for you. You shouldn’t have to fend for yourself on the financial, emotional, or physical costs of this negligence. Compensation helps you recover financially, emotionally, and physically.

Compensation for Bicycle Accident Victims

After an accident, victims often face many new challenges. They may be struggling with physical pain and severe injuries. Financially, victims often have medical bills and rehabilitation costs to pay for. And often, they face emotional distress as a result of the accident.

Compensation is available for victims, and it helps reimburse victims for any and all costs related to their accidents. Your attorney will help you fight for all forms of compensation. A few examples of what compensation can cover are:

  • Medical bills, rehabilitation costs
  • On-going treatment and care
  • Lost wages from time away from work
  • Loss of future earning capacity
  • Pain and suffering
  • Emotional distress
  • Loss of normal life
  • Loss of consortium

Punitive damages. In some bicycle accident cases, gross negligence or even malice was the cause. For example, DUI can be considered gross negligence. In these cases, punitive damages are available. This is a form of financial punishment, and it is awarded on top of any compensatory damages. Punitive damages may be available if your case goes to trial.

Should I Hire a Personal injury attorney New York City, NY?

In New York, bicycle accident laws are highly complex, and there are many local and state variations to the law concerning right of way. General personal injury attorneys often do not have the in-depth knowledge of New York’s bicycle safety laws to be successful.

That’s why it’s important to consider hiring a Personal injury attorney New York City, NY. The best bike accident attorneys have extensive experience in these types of cases. They will help you investigate your accident, determine who was at-fault, and then file the claims and potential lawsuits to help you recover compensation.

An attorney with experience adds value and experience. The best lawyers will help you:

  • Investigate your accident
  • Contact witnesses and build your case
  • Consult with experts to reconstruct the accident scene
  • File claims on your behalf
  • File lawsuits, if you choose to pursue them
  • Negotiate with insurers

Ultimately, after an accident, your primary focus should be on recovering – not stressing about how you will pay for medical bills and other costs. Your attorney manages the entire legal process, so you can focus on recovery.

What to Do After an Accident

Bicycle accidents are scary and traumatic. Victims are often in shock and unsure of what to do. We recommend you follow a few steps to protect your safety and your rights. If you were involved in a bicycle accident, you should:

  • Seek Medical Care – Call 911 and receive treatment for your injuries. If you are unable to, this is the responsibility of witnesses on the scene.
  • File a Police Report – Even if you were uninjured, it’s important to file a report. This will help make it easier to recover compensation for property damage.
  • Collect Evidence – If you are able to, collect evidence of the scene. Take photos and videos of damage to your bicycle, as well as the accident scene. Collect contact information for witnesses. If you were injured, be sure to document your injuries, as well.
  • Seek Legal Counsel – After a bicycle accident, you have just two years to file a claim. Contacting an attorney as soon as possible will ensure you can build the strongest case and recover compensation more quickly.

Avoid Talking with Insurance Companies

If you have a current auto insurance policy, you can file a claim with them, even if the “vehicle” you were riding was a bicycle. Often, victims rush to file claims for medical benefits or cover property damage.

We highly recommend that you contact an attorney first. Your insurer cares most about the bottom line, and as a result, they may deny, discredit or ignore your claims. An attorney protects you against this unfair and bullying behavior.

You may also hear from the insurance company or attorney for the at-fault party. You are not legally required to talk with them. And we highly recommend that you do not. Instead, redirect any contacts with insurers or attorneys to your legal team.

Frequently Asked Questions

How Do I Pick the Best Attorney for My Claim?

You want to make sure that attorney has experience in personal injury litigation. You want to make sure that attorney has handled bicycle cases, cases where individuals were riding their bicycle and struck by motor vehicles. You want to make sure that you’re comfortable with that attorney. You should meet with the attorney and interview that. You ask the attorney questions. If you feel comfortable with that attorney, then you can take further steps.

You also want to look at the firm itself. Is it a big firm? Is it a medium-sized firm? Sometimes firms are so big and so busy that the client never speaks with the attorney. The client is assigned a paralegal or a legal assistant to represent him or her. You want to make sure that whoever you go with, you have access to that attorney, that if you need to speak directly with the attorney, that you’ll be able to speak directly with your attorney.

Finally – and this goes to experience – it’s not a good idea to retain an attorney that, let’s say, handles divorce litigation or estate planning. You want to make sure that attorney is an attorney who specifically handles personal injury litigation.

What Mistakes Can I Avoid After My Accident?

The first common mistake is that people leave the scene of the accident right after the accident happens. They don’t think that they suffered a significant injury. They’re in pain, but they want to get to where they need to go, they don’t want to wait for the police, and they leave the scene. That’s crucial, big error number one. You want to stay at the scene of the accident. You want to make sure the police come to the scene of the accident. You want to make sure it’s documented.

Mistake number two that I often see made is that the individual doesn’t seek medical attention early enough. I had a client call me the other day who was involved in a bicycle accident a month earlier, and she just went to the doctor the day before she called me. I asked her, “Why? Were you feeling any pain on the day of the accident?” She said, “Yeah my shoulder was killing me.” “Well, why didn’t you go see a doctor?” She said she didn’t go because she had other obligations and she just thought maybe the pain would go away. That’s a mistake. You need to seek medical attention as soon as possible.

The third mistake is – the same client – not calling me earlier. If she had called me earlier, soon after the accident occurred, I would have guided her through the initial process to make sure that the things she needed to do, she would do, so that it wouldn’t become a problem down the road.

Should I Talk to the Insurance Companies?

The answer is no. What you want to do is retain competent council and let the attorney talk to the insurance company. The problem with you talking to the insurance company is that the insurance company may ask you some key questions that may make your case more difficult to prosecute down the road. The attorney will know what those key questions are and will make sure that you answer those questions properly, if it’s necessary for you to talk to the insurance company. You want to retain council as quickly as possible and have the attorney deal with the insurance company.

What If I Was Partially at Fault?

A question that I often get is, “Do I still have a claim if maybe I did something wrong?” The answer is yes. It depends on what you did wrong. It depends on the other vehicle and what they did wrong. In New York, you have what’s called comparative negligence and we have to look at how much of it was your fault, versus the driver of the other vehicle, in determining the value of your case. The answer is, as a general, yes, you potentially do have a claim against the driver that struck you, but we do need to look at the extent of your culpability.

How Do I Determine the Value of My Case?

How Do I Determine the Value of My CaseIt’s not an easy answer. It depends on your injury and the extent of your injury; it depends on whether or not your injuries are permanent in nature, and that may take time to evaluate.

Say you broke your arm in the accident, you go through the initial healing process and you go through physical therapy and it’s a year later, and you’ve maximized your physical therapy, and it turns out you have some permanency, meaning that there’s some restriction in the use of your arm. That’s important and we need to add that to the value of the case.

Another issue that comes up is liability. Whose fault is it? Who are we blaming? Sometimes there’s an issue as to whether or not you might have some culpability. There’s maybe some finger-pointing. These issues are important and have to be ironed out to come up with the appropriate value. I will tell you that this firm will make sure that you get the most possible compensation that you’re entitled to for your injuries.

How Long Will the Case Last?

The other day I had a client come in who was involved in an accident where he was a bicyclist and struck by a motor vehicle in New York, wanting to know how long it was going to take to resolve his claim. It’s a question that I get all the time and it’s a fair question. It depends. There are a lot of complex factors that go into play as to how long a case is going to take.

One of the most important factors is the injury itself. We want to make sure that the client has gone through the process of rehabilitation, of recovery from that injury. We want to get to the point where you know whether or not the injuries are permanent in nature. That’s an important factor in determining what the case is worth and what needs to be done to pursue the highest possible settlement or resolution.

The second issue that comes into play has to do with liability. Whose fault is it? Who caused the accident? If there’s some dispute or question as to who the cause of the accident was, those issues need to be ironed out, and sometimes that requires court intervention, meaning a lawsuit and litigation. If that’s required, it can take time. It can take three, four, some cases even five or more years. I will tell you that this firm will do whatever we need to do to ensure that you get the highest possible compensation possible. If it requires litigation, we’ll do that, and we’ll try to get that done for you as quickly as possible.

How Long Do I Have to File?

The answer is to do it as early as possible. You want to do it early because you want to make sure the evidence that you need to prosecute the claim is preserved. An example, you want to make sure that witness statements are taken. You want to make sure photographs are taken of the accident scene. The earlier you begin the process, the better off you are.

There are some legal deadlines that you need to be aware of. You have three years to file a lawsuit in New York if we’re talking about a private defendant. If we’re talking about a municipality, it’s an even shorter time frame. An example is in the City of New York, you must file your claim within a year and 90 days, but there are also notice of claim requirements that have to be met within the first 90 days.

It is important that you retain competent council to guide you through this process. They’ll help and they will make sure that witness statements are taken when necessary, that photographs are taken of the accident scene, and our office can properly guide you through that process.

Call Now for a Free Case Evaluation

After an accident, you may be scared, in shock, and suffering from immense pain. You shouldn’t have to worry about how you’re going to pay for medical bills. We want to help. Our Personal injury attorney New York City, NY will fight for the compensation you rightfully deserve, and we bring years of experience to the negotiating table.

Call now for a free, no-obligation case review. We’ll review the facts of your case and provide advice about your legal options. Contact a Personal injury attorney New York City, NY now.