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What to do if you have been in a car accident:
If you were injured or are feeling pain after an accident, seek medical attention right away. If you don’t, the insurance company will argue that were not injured in the accident but rather by some other unknown event and are just blaming your injuries on the accident. In order to recover money for pain and suffering you must prove you have sustained a legally defined serious injury. View New York State Insurance Law definition of a “Serious Injury” by clicking here.
If you are a driver, passenger, bicyclist or pedestrian injured in a motor vehicle collision you are entitled to No Fault benefits which will pay for your medical expenses, lost earnings and other expenses. You must file your application for No Fault benefits with the correct insurance company within thirty (30) days of the collision. Hiring the right law firm will help you get the benefits to which you are entitled. You can find the No Fault application (called an NF-2) by clicking here. If you were injured while driving or riding on a motorcycle you are not entitled to No Fault benefits. You may still recover for your injuries and should consult with a lawyer.
Get a copy of the police accident report. If you are not able to get the report, we can help you get the accident report from the police. If you have been in a motor vehicle collision and there have been either injuries or property damage exceeding $1,000.00, you must report the collision to New York State DMV. Contact us and we will help you prepare your report. The report is called an MV-104. You can get the report by clicking here. Remember “No Fee Until Your Case is Successfully Resolved”. Let us help you prepare these documents. If you say something wrong, if can be a problem later on in the case.
What to do if you have fallen:
Slips, trips and falls on property is called Premises Liability. In order to recover for injuries sustained in a fall you must be able to prove:
* Exactly what caused you to fall (broken step, hole or crack in the sidewalk or pavement, ice, snow, debris)
* Exactly where you fell (street address, aisle in the store, which particular stair (e.g. third from the bottom), where on a subway platform (e.g. near a pole with a particular marking)
* When you fell (date and time)
* How you fell. (Slipped, tripped, stepping onto your right or left foot)
If you fall in a store, supermarket, mall, theater, subway platform, or any other place REPORT YOUR ACCIDENT!!!
Take pictures of what caused you to fall.
Get the names and contact information (address, phone number, e-mail) from witnesses. Witnesses to your fall and witnesses who can identify what caused you to fall.
New York law requires that you be able to prove the property owner knew the defective condition existed, should have known the condition existed or created the condition that caused your fall. If you fall on a sidewalk for example, a store owner or a resident in the area may have seen the broken sidewalk for weeks or months or years before your fall. It is important in a sidewalk case that you identify the exact address where you fell. The owner of the building is responsible for the sidewalk in front of the building. If you fall in a building due to a broken step, a resident of the building may have complained to the landlord or superintendent about the broken step. Another kind of premises liability case can involve a defective elevator. If an elevator drops or mis-levels when you are getting on or off be sure you note which elevator was defective. Another kind of premises liability case can be a slip and fall on snow or ice. If the storm had stopped and the owner of the property tried to clear the snow but did so improperly making the sidewalk more dangerous than if nothing had been done at all, the landowner is responsible if you fall and are injured. Take pictures, get witness information. This information will help prove your case. Remember “No Fee Until Your Case is Successfully Resolved”.
What to do if you are injured while working at a Construction Site:
New York State Labor Laws do protect workers. But the insurance companies will stop at nothing to weaken those protections. The insurance companies have “investigators” stationed in cities where there is active construction going on. If an accident happens and a worker is injured they will arrive on the site and “investigate". If you fell or if something fell and injured you, you must report that.
The insurance company will try to obtain statements from your coworkers or supervisors and try to blame you for your accident. Don’t give any statements to these investigators or to anyone unless you talk to your lawyer. You don’t have to, so don’t do it. What should you do? Report the accident to your employer if you can. Tell one of your coworkers if you got injured because you fell or something fell on you.
Below are links to resources that may assist your case.
Accident & Personal Injury
NYS DMV Forms
NYS Unified Court System
Real Estate
Mortgage Calculator
Remember “No Fee Until Your Case is Successfully Resolved”
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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