On the busy and chaotic streets of New York City, life can change in the blink of an eye. A car crash can leave you grappling with injuries and financial issues. Moreover, victims could face chronic pain or long-term psychological effects that severely disrupt their home life and career. 

Understanding common injuries in car accidents, including those with delayed symptoms, can be critical for seeking the compensation you deserve. Remember, you don’t have to face this daunting journey alone. While you’re healing and recovering from your NYC car accident injuries, an attorney can work on your legal case and help you recover the compensation you need and deserve.

Common Car Accident Injuries

NYC traffic usually entails congested streets and slow-moving vehicles. Yet, this doesn’t eliminate the risk of accidents; rear-end collisions are common, even in slow-moving traffic. According to the New York City Police Department, over 400 collisions with injuries occur weekly in the city. 

Accidents in slow-moving city traffic can come with unique challenges and injuries, such as whiplash, soft tissue damage, and traumatic brain injuries (TBIs). Here’s a rundown of common NYC car accident injuries:

• Whiplash and Neck Injuries. According to the Mayo Clinic, whiplash is a common injury in rear-end crashes. Symptoms typically include neck pain, stiffness, and headaches, among others. Severe whiplash can cause chronic pain and other health impacts. 

• Head and Brain Injuries. Head and brain injuries include concussions and traumatic brain injuries (TBI). Symptoms may involve severe and persistent headaches, dizziness, confusion, personality changes, and memory loss.

• Spinal Cord and Back Injuries. Common types of back injuries in car accidents include herniated (“slipped”) discs, fractures, lumbar sprains, and spinal cord damage. In severe cases, spinal injuries can cause permanent paralysis.

• Broken Bones. Common bone fractures in crashes include hands, arms, legs, and ribs. While straightforward fractures can heal, more complex bone breaks may require multiple surgeries and could cause permanent injuries, such as mobility impairment.  

• Internal Injuries. Internal injuries, such as organ damage and bleeding, commonly occur in high-impact accidents. Internal injuries are typically invisible from the outside but can be life-threatening and usually require emergency medical treatment.

• Soft Tissue Injuries. Soft tissue injuries, such as lacerations, contusions (bruises), and sprains, can be common in all types of car accidents. While not life-threatening, such injuries can be painful and may require time off work and other adjustments to your daily routine. 

• Emotional Injuries. The emotional effects of a severe car crash can be as damaging as physical injuries. Car accidents may leave lasting trauma, including anxiety, depression, and post-traumatic stress disorder (PTSD).

In addition to compensation for their physical injuries, accident victims could receive awards for their car accident pain and suffering in NYC. An attorney at our firm can assess your damages and calculate the value of your claim, including non-economic damages like pain and emotional distress. 

What Are Pain and Suffering Damages in NYC Car Accident Cases?

In a personal injury lawsuit, “pain and suffering” damages are compensation awards for car accident victims who experienced physical and emotional pain and distress due to their injuries. These damages can include physical pain, emotional trauma, anxiety, depression, and a decreased quality of life. 

If you or a loved one experienced severe injuries due to someone else’s carelessness or recklessness, you could seek pain and suffering damages in addition to your financial losses due to the crash.

How to Calculate Car Accident Pain and Suffering in NYC 

Calculating pain and suffering damages is complicated as, unlike medical bills and income losses, they don’t come with statements or receipts. Pain and suffering are also subjective and can vary from person to person, even with the same kind of injury. 

Attorneys and courts typically use either the “multiplier method” or the “per diem method” to calculate compensation awards for pain and suffering. The multiplier method involves multiplying your medical expenses by a factor, usually between 1.5 and 5, based on the severity of your injury. The per diem method assigns a daily dollar amount to a victim’s pain and suffering.

Maximizing Compensation for Your NYC Car Accident Injuries  

When seeking compensation for your injuries, you’ll need a clear understanding of your rights and options. Here’s how you can give yourself the best chance of receiving the compensation you need and deserve:

• Promptly Seek Medical Attention. Visit a doctor even if you feel fine immediately after the accident. Some injuries, like whiplash, can manifest days or even weeks later. An insurance company may refuse a settlement if you can’t provide medical records that date from soon after the crash.  

• Gather Evidence. If you can, take photos of the accident scene, vehicle damage, and injuries. Evidence to collect in the days after the accident includes records of medical bills, police reports, and witness statements.

• Document Pain and Suffering. Keep a journal that details your daily physical pain and emotional stress during the recovery period. Note how the injuries are impacting your daily life. Documenting pain and suffering supports your claim for non-economic damages.

• Keep Quiet About Your Case. Don’t discuss an ongoing insurance claim or lawsuit with anyone outside your legal team. Refrain from posting about your injuries or accident on social media, as any posts or comments could be used against you.

• Consult an Attorney. An experienced car accident attorney can walk you through the legal complex, negotiate with an insurance company, and file a lawsuit, if necessary, to help you achieve the best possible outcome.

Compensation for Common Car Accident Injuries

If you’ve suffered severe car accident injuries in NYC, you may qualify for compensation. A car accident lawyer at Berkowitz & Weitz Law, P.C. can assess your case and help you pursue compensation. Here’s what you could receive: 

Healthcare Costs

Medical expenses for car crash injuries can be overwhelming, and those with permanent impairments may require lifelong care, medical devices, and ongoing treatments. If you’re affected, you could qualify for both current and future medical costs, including rehabilitation and necessary home modifications.

Loss of Income

Significant injuries may prevent you from returning to work temporarily or permanently, resulting in lost income, benefits, and pension contributions. Compensation can help cover these financial losses, among others.

Pain and Suffering

Beyond the financial impact of an accident, you could experience physical pain and emotional trauma. Your quality of life may be reduced, especially if you can no longer participate in activities and hobbies you enjoyed before the crash. You could recover awards for car accident pain and suffering in NYC.

The amount of compensation you could receive depends on your unique case and circumstances. Consult with a car accident attorney who can advise you.

Berkowitz & Weitz Law, P.C. Is Here to Help You Get Justice

At Berkowitz & Weitz Law, P.C., we regularly see the devastating impacts of car accidents in our office and understand how a crash can impact your physical and emotional health. Our attorneys are dedicated to helping you secure the compensation you need and deserve. Our case results reflect the commitment we make to our clients: fighting tirelessly for the compensation and justice they deserve. 
You don’t have to go it alone. We want to help you move forward and put this challenging time behind you. While you focus on your recovery, we can handle the legal aspects of your case. Contact us today for a free case review to assess your options.

Drivers face countless distractions on NYC’s busy streets—from cell phones and navigation systems to the city’s constant hustle and bustle. Unfortunately, it only takes a split second of inattention to cause a devastating accident.

Being involved in any motor vehicle accident is stressful. However, when injured by a distracted driver, you may wonder how to prove fault and receive the compensation you need and deserve. Read on to discover the laws around distracted driving in NYC and how to move forward after an accident.

What Counts as Distracted Driving in NYC?

It’s not just about texting while driving. In NYC, distracted driving is anything that takes your eyes and focus away from the road, whether it involves your hands straying from the wheel or your mind drifting to your shopping list.

Examples of Distracted Driving in NYC

Morning commuters transform their cars into breakfast nooks, driving in crowded streets while juggling coffee and bagels. Drivers are finishing off their grooming routine, applying makeup in rearview mirrors, or knotting hair ties in stop-and-go traffic. Here are some of the most common distractions on NYC roads:

• Texting and Cellphone Use. Texting and cell phone use are common distractions. Drivers may take their eyes off the road for several seconds when texting, which is enough time to cause a rear-end accident at a traffic signal or stop sign.
• Navigation Apps. Tourists and other drivers unfamiliar with NYC roads frequently glance down at their phones while navigating unfamiliar territory. While figuring out where they are headed, drivers could miss pedestrians entering crosswalks or cars suddenly stopping ahead.
• Eating and Drinking. Turning vehicles into moving dining rooms during rush hour is never a good idea. Spilled coffee or a dropped sandwich may cause a driver to look away or make rash steering wheel movements at critical moments.
• Interacting with Passengers. Sharing a story with friends or trying to pacify fighting children in the back of the car can come at a price. In NYC’s chaotic traffic environment, even a quick glance to the backseat can cause an accident.
• City Distractions. The city that never sleeps is in itself one big distraction. From eye-catching billboards to street performers to noisy construction sites—the city is constantly competing for a driver’s attention.

NYC Distracted Driving Laws: What You Need to Know

Distracted driving in NYC doesn’t come cheap. Distracted and negligent drivers may be slapped with hefty fines and license points. Texting while driving in New York now carries a severe penalty of 5 points on your license. Here are some of the critical laws and regulations involving distracted and negligent driving in NYC:

• “Negligence Per Se.” When a driver breaks traffic laws and causes your injury, they may be automatically considered negligent. If you’re hurt and looking for compensation, Negligence Per Se can strengthen your claim.
• Serious Penalties for Offenders. Drivers caught texting face 5 points on their license and fines up to $450 for repeat violations. Younger drivers with provisional licenses face a mandatory 120-day suspension for first offenses.
• Comparative Negligence. New York follows the legal doctrine of “pure comparative negligence,” meaning you can recover damages even if you were partially at fault. However, your compensation may be reduced by your percentage of responsibility.
• Phone Records as Evidence. If you were involved in a crash with a distracted driver who was texting, your attorney can subpoena phone records. These records may prove the other driver was texting, calling, or using apps when the accident happened, proving your claim.
• Time Limits for Legal Action. According to the New York Statute of Limitations, you have just three years from the accident date to file a lawsuit against a distracted driver, decreasing to only 90 days if your case involves a government vehicle. Missing these deadlines can prevent you from recovering compensation.

Distracted driving cases in NYC can be complex and challenging to prove. Getting legal advice is crucial for recovering what you deserve if you or a loved one is affected by a car accident caused by distracted driving. An experienced NYC personal injury lawyer can maximize your recovery.

What to Do After a Car Accident Caused by Distracted Driving in NYC

What you do in the chaotic moments after an accident matters to your health and compensation claim. Seek medical attention immediately, even if injuries seem minor, as some symptoms take days to appear. While at the scene, document everything with photographs and gather information, such as the contact details of all involved drivers and eyewitnesses.

Make sure to communicate your suspicions about distracted driving to the law enforcement officers at the accident scene so your observations are noted in the police report.

Importantly, don’t inadvertently damage your case by apologizing or downplaying your injuries. If you have suffered severe injuries, contact an experienced car accident attorney before speaking with any insurance companies. A car accident lawyer can protect your rights, gather critical evidence, and negotiate with insurance companies on your behalf.

Proving Distracted Driving in Your NYC Accident Case

Establishing driver distraction requires swift evidence-gathering. Your attorney can secure cell phone records showing the other driver’s activity during the accident.

Traffic camera footage may have captured the driver looking down seconds before the crash. Social media activity just before a collision can provide timestamped evidence of negligence that can be difficult to dispute. Not to forget eyewitness accounts, which can be crucial to prove driver negligence.

In serious cases, accident reconstruction experts can analyze reaction times and impact angles to demonstrate that a delayed response, consistent with distraction, caused the crash.

Compensation Available for NYC Distracted Driving Victims

If you’re the victim of a car accident caused by distracted driving in NYC, you may be entitled to substantial compensation. While every insurance claim is unique, you could qualify for the following and other damages:

• Healthcare Expenses. Compensation can include all accident-related treatment, including future rehabilitation needs and ongoing care. Victims with permanent disabilities may be entitled to modifications of their home and vehicle.
• Lost Income. If you missed work due to your injuries, you may receive lost income and payments for future lost earning capacity.
• Pain and Suffering. You’re not only entitled to damages for your physical injuries but could also recover amounts for your pain and anguish, emotional distress, and reduced quality of life.
• Property Damage. Compensation can include repairs or replacement value for your vehicle and personal belongings damaged in the crash.
• Wrongful Death Benefits. Families who have lost loved ones due to a car accident caused by distracted driving could recover wrongful death benefits, including funeral expenses, lost financial support, and loss of companionship.

Berkowitz & Weitz Law, P.C. Helps Victims Get Justice

Don’t leave your health and financial stability to chance. NYC distracted driving laws are complex, and effective legal representation can make all the difference to your claim.

Our attorneys at Berkowitz & Weitz, P.C. understand the unique challenges of proving distraction in NYC accident cases. We have a track record of successfully recovering significant compensation for car accident victims just like you.

Our dedicated attorneys can handle every aspect of your case, from preserving critical electronic evidence to consulting with medical experts about your injuries. Contact Berkowitz & Weitz Law, P.C. today for a free, no-obligation consultation to discuss your legal options.

Were you hurt in a slip and fall on a wet grocery store floor or tripped over broken apartment stairs? It may be someone else’s fault, not simply “bad luck.”  Every year, New Yorkers suffer preventable injuries due to property owners’ failure to maintain their premises. The result: Victims face steep medical bills, lost wages, and a painful recovery.

However, NYC premises liability laws are here to protect you and place the financial burden on those responsible for your accident and injury. Whether your trip and fall accident in NYC happened at a commercial business, apartment building, or city sidewalk, you have powerful legal rights.

What Is NYC Premises Liability?

When you’re injured on someone else’s property, such as a slip and fall accident in NYC, you could have a so-called “premises liability claim.” But what is premises liability, exactly?

Premises liability is a legal concept that holds a property owner accountable when you’re injured due to an unsafe or defective condition on their property. In essence, New York law establishes that those who own or control property are legally obligated to maintain reasonably safe conditions for visitors.

Examples of NYC Premises Liability Claims

In New York, premises liability can arise in many situations where negligent property maintenance leads to injury. Examples of premises liability include but aren’t limited to:

• Slips and Falls. Slips and trip and fall accidents in NYC can be caused by hazardous conditions such as wet floors in grocery stores, items cluttering floors in retail stores, and loose floorboards in apartment buildings.
• Snow and Ice Accidents. Uncleared ice on apartment building steps, snow-covered walkways to business entrances, or black ice in parking lots can lead to severe injuries.
• Poor Lighting Conditions. Owners of apartment buildings, restaurants, retail stores, and other premises must ensure proper lighting. Dimly lit parking garages or dark stairwells can lead to falls and even entice criminal activity.
• Lack of Security. Lack of security can encompass a range of failures to keep visitors safe. Examples are apartment buildings with broken locks leading to theft and assaults, parking garages without proper surveillance, or nightclubs without adequate security staff.

New York’s premises liability law applies to all property types, including commercial businesses, residential buildings, government offices, and even private homes.

NYC Premises Liability: Your Rights Explained

If you’re the victim of a slip and fall accident in NYC, and a property owner is responsible, you have the right to seek compensation. However, NYC premises liability laws are complex. For example, property owners owe different levels of care depending on whether the visitors are invitees (customers and patrons), licensees (social guests), or trespassers.

Property owners and lessees must provide the highest duty of care to invitees. However, in New York, even trespassers are owed basic care against willful harm, such as assault.

Establishing Property Owner Liability

To establish a valid premises liability claim in New York, you must prove the following critical elements:

1. The property owner knew or should have known about the dangerous condition.
2. They had adequate time to fix or warn about the hazard but failed to do so.
3. The property owner’s negligence caused your injury.

AND

4. You suffered damages, such as injuries and medical bills.

It’s important to note that New York follows comparative negligence rules. This means if you have some responsibility for your accident, your compensation may be reduced by your percentage of fault.

The Time Available to File a Premises Liability Claim

The NY statute of limitations gives you three years from the date of your injury to file a premises liability lawsuit. This deadline is strict, and waiting too long could mean losing your right to compensation, regardless of how serious your injuries are.

If you suffered harm on government property, your timeline is even shorter. You must act quickly and file a Notice of Claim within just 90 days.

What Is Your Premises Liability Injury Worth?

Every premises liability claim is unique, with no average settlement amount. The compensation you can recover depends on your specific accident, injuries, and circumstances. However, some universal factors determine the worth of a claim:

• Your Injuries. More severe injuries typically result in higher compensation due to greater damages like steep medical bills, rehabilitation costs, and lost income.
• Pain and Suffering. Significant injuries often entitle victims to compensation for physical pain, emotional distress, and reduced quality of life.
• Liability. The property owner’s degree of negligence can impact your compensation. Your settlement amount may be higher when they are clearly at fault for failing to address known hazards.
• Comparative Negligence. Your compensation may be reduced if you were partially responsible for your fall or accident.
• Insurance Coverage. The property owner’s insurance policy limits can affect your settlement amount. Cases involving substantial coverage, such as commercial properties, can result in higher settlements than those with minimal insurance coverage.

Consider working with a NYC premises liability lawyer to give yourself the best chance of recovering the compensation you need and deserve. They can assess the impacts of your injuries on your home life and career and calculate your NYC slip and fall accident’s worth to pursue fair compensation.

Your Best Next Steps After a Slip and Fall in NYC

Imagine walking down a NYC street and tripping on a crack in the sidewalk. You try to dust yourself off and carry on, but realize that the pain you feel points to a fracture or another significant injury. Now what? First of all, you’ll want to protect your health and legal rights. Here’s how to go about it:

Get Medical Help

When you can’t get up and are in pain, it’s clear: you need to see a medical professional right away. However, even if you don’t feel significant pain, make sure to get checked.

Some injuries, like traumatic brain injury (TBI), back injuries, and others, may not show any symptoms until days or even weeks after a fall or accident. By seeking medical help, you’re safeguarding your health. You’ll also create a record of your injuries, which will be crucial for a compensation claim.

Gather Evidence

If you can, take photos and videos of the accident scene and your injuries. Try to capture any dangerous conditions or hazards, such as a wet floor or broken stairs that may have caused your fall. Make sure to ask witnesses for their contact details, as eyewitness statements could be invaluable for your legal claim.

Inform the Property Owner or Lessee

If you’re hurt in a trip and fall accident in NYC or another incident on someone else’s property, tell the manager or property owner immediately. If possible, file an official accident report. This creates an official record of the fall, which can be vital evidence, especially if a property owner disputes your claim.

Consult a NYC Premises Liability Lawyer

If you or a loved one suffered a significant or permanent injury on another’s property, consulting with an attorney can be crucial for protecting your rights and ensuring you’re treated fairly. Our premises liability attorneys can walk you through your legal options and help you move forward with a compensation claim.

While all these steps can help you get what you deserve, don’t forget to also take good care of yourself after getting hurt. Follow your doctor’s treatment plan and take the time you need to recover and rest.

Don’t Settle for Less

At Berkowitz & Weitz Law, P.C., we know how unfair it can feel when you’re injured through no fault of your own. Remember, NYC premises liability laws provide you with rights. And you don’t have to go it alone.

Our NYC premises liability lawyers can handle your claim, walk you through the legal process, and help you get what you need and deserve. We have helped countless injured clients get case results that helped them rebuild their lives after an injury. You don’t pay a dime unless we win and recover compensation.

Contact us now for a free and confidential consultation to learn about your rights and the next best steps.

Every year, countless New York City workers suffer injuries or work-related medical conditions on the job. Whether you’re injured while working on a high-rise in Manhattan or in a warehouse in Queens, workplace injuries can devastate your life physically, emotionally, and financially.

Fortunately, NYC has some of the strongest workers’ compensation protections in the nation, and you don’t have to fight for justice on your own. In this article, we break down everything you need to know about NYC workers’ compensation, from filing your initial claim to getting the benefits or compensation you deserve.

Common Workplace Injuries in NYC

Each industry brings its specific risks, workers in all sectors face the risk of workplace injuries in NYC. While construction workers are particularly at risk of falls from scaffolding and heights, even office workers aren’t safe from injuries and work-related medical conditions.

Here’s a rundown of common injuries across all industries:

• Back and neck strains
• Slip and fall accidents
• Repetitive motion injuries
• Stress-related conditions
• Exposure to hazardous materials

Unfortunately, some workers pay the ultimate price. The latest statistics available from the U.S. Bureau of Labor Statistics show that 83 workers died in NYC due to work injuries in 2022.

Remember, if you’ve been injured at work or a loved one died in a work accident, you have rights and could be entitled to benefits and compensation. A workers’ comp lawyer in NYC can assist you with your claim and help you get what you deserve.

Understanding Your NYC Workers’ Benefits

Most employers in NYC must have workers’ compensation insurance for employees. As an employee, you’re entitled to specific benefits if you’re injured at work. Here’s what you need to know about workers’ comp benefits:

• Medical Benefits. Necessary medical treatment is fully covered and may include doctor appointments, hospital stays, medications, and physical therapy. You can choose your own doctor as long as they’re authorized by the NY Workers’ Compensation Board.
• Lost Wage Benefits. In NYC, you can receive up to two-thirds of your average weekly wage. Benefits typically begin after a 7-day waiting period unless your disability lasts more than 14 days, when you’ll be paid for that first week too.
• Permanent Disability Benefits. If your injury results in permanent limitations, you may qualify for ongoing benefits. The amount depends on the body part affected and the degree of disability determined by your doctor.
• Survivor Benefits. Surviving dependents of a worker killed on the job typically qualify for death benefits under workers’ comp. Benefits may include funeral and burial costs and weekly payments to dependents.
• Additional Coverage. You may qualify for additional benefits, including travel expenses to and from medical appointments and assistance with vocational rehabilitation.

Workers’ comp benefits in New York have strict filing deadlines. It’s essential to notify your employer within 30 days of the accident and file a claim within two years to protect your rights to these benefits.

How to File a Workers’ Compensation Claim in NYC

While the days after a workplace injury in NYC can feel exhausting and overwhelming, it’s crucial to focus on your claim as soon as possible. Taking the necessary steps gives you the best chance of receiving NYC workers’ compensation benefits. Here’s your action plan:

Immediate Steps

If you are able, take the following steps immediately (within 24 hours) after your workplace injury:

• Get medical help
• Report the injury to your supervisor or employer (within 30 days)
• Take photos of your injury and the accident scene
• Get the names and contact information of any witnesses

Filing Your Claim

NYC workers have up to two years to file a workers’ comp claim. Here are the steps for filing a claim:

• Fill out Form C-3 (Employee’s Claim for Compensation)
• Submit the form to the NY Workers’ Compensation Board
• Keep copies of all the paperwork
• Make sure your doctor files Form C-4 (Doctor’s Initial Report)

Documenting Your Road to Recovery

Gathering evidence for your NYC workers’ comp claim can be crucial and help you recover the benefits you need and deserve:

• Keep a record of all medical appointments
• Save receipts for medications and other out-of-pocket expenses
• Note days missed from work
• Retain all communication with your employer or their insurance company

If your employer or their insurance company starts giving you pushback, or if your claim is denied, don’t wait to seek advice from an experienced workers’ comp lawyer in NYC. Small mistakes in this process can cost you the benefits you need to manage your life.

A NYC Workers’ Comp Lawyer Can Help You Get Benefits

It’s well known that insurance companies try to minimize NYC workers’ compensation claims. However, there can be other challenges, such as employers pressuring you to return to work too soon or a single mistake in your paperwork delaying your benefits. Here’s how an experienced NYC workers’ comp lawyer can fight for you:

• Negotiating with insurance companies who try to lowball your claim or deny it outright.
• Ensuring your paperwork is “bulletproof” and filed on time.
• Gathering crucial medical evidence to prove the full extent of your injuries.
• Protecting you from employer retaliation if they try to punish you for filing a claim.
• Identifying additional ways to recover compensation, such as a personal injury lawsuit.
• Handling all the legal details so you can focus on healing
• Help you through the appeals process if your workers’ comp claim was rejected

Think You Can’t Afford a Lawyer?

Workers’ comp attorneys typically work on a contingency fee basis, meaning they only get paid when you win your case. In other words, you only pay if you receive benefits. Plus, working with an attorney typically leads to significantly higher settlements than trying to handle your claim alone.

Don’t let unethical insurance companies take advantage of you when you’re at your most vulnerable. Get a NYC workers’ comp lawyer into your corner who can protect your rights and prevent you from getting shortchanged.

Ineligible for Workers’ Comp? Here Are Your Options

If your employer isn’t covered by workers’ comp insurance or you’re an independent contractor, you could have other options to recover what you deserve after a work injury.

• File a Claim with the Uninsured Employers’ Fund. This fund provides benefits to employees whose employers are
• File a Personal Injury Lawsuit. You may be able to file a personal injury lawsuit directly against your employer (if they don’t have workers’ comp) or a third party that negligently caused your injuries.

A workers’ comp lawyer in NYC can help you identify all options for recovery, including workers’ comp, the Uninsured Employer’s Fund, or a personal injury lawsuit.

Berkowitz & Weitz Law, P.C. Fights for Injured NYC Workers

When a severe work injury turns your life upside down, you’ll need professional help to protect your best interests and recover the benefits you and your family need. Berkowitz & Weitz Law, P.C. has your back.

We understand your concerns, whether it’s getting medical treatment approved or making ends meet while you are out of work. If your initial workers’ comp claim was rejected or you are ineligible, we can help. The sooner you talk to us, the sooner you can receive the benefits you need to move forward.

Contact us now for a free consultation to find out more.

New York City never sleeps. Its streets are busy around the clock with cars, MTA buses, taxis, bicycles, and pedestrians. Add heavy congestion and complex traffic patterns into the mix, and the city becomes a hotspot for vehicle accidents.

If you or a loved one suffered car accident injuries on NYC roads, knowing your rights is crucial. We understand that the aftermath of a motor vehicle accident—managing medical care, negotiating with insurers, and figuring out your next steps—can feel exhausting. Our NYC car accident lawyers can walk you through your next best steps after an accident and protect your legal rights.

Common Car Accident Injuries in New York City

In 2023 alone, New York City saw over 38,000 motor vehicle crashes. While fender benders without injuries can occur frequently in congested cities like NYC, accidents with significant injuries are no rarity either. Here’s a look at some common car accident injuries in NYC:

Whiplash

According to the Mayo Clinic, whiplash is common in rear-end accidents and occurs when the neck is forcefully jolted forward and backward during impact. While whiplash is often considered a minor or “harmless” injury, it can cause chronic pain and the need for prolonged rehabilitation treatment.

Broken Bones

Accidents involving high-speed impacts or crashes with pedestrians and bicyclists can result in broken bones. Complex fractures may require multiple surgeries and could lead to permanent loss of mobility.

Traumatic Brain Injuries (TBIs)

TBIs typically occur due to a violent blow to the head or the head hitting the inside of the car in an accident. A severe TBI can cause permanent brain damage and lead to long-term cognitive or physical problems.

Spinal Cord and Back Injuries

Back injuries can be common in all types of motor vehicle crashes. While a muscle injury may heal relatively quickly, more severe injuries like spinal cord damage can result in irreversible paralysis and life-long adjustments.

Internal Injuries

A heavy impact, especially in accidents with large or commercial vehicles, can lead to internal organ damage. While typically invisible from the outside, organ damage and other internal injuries can be severe and even fatal. Such injuries usually require emergency medical treatment.

If you’re affected by any of these injuries or others after a car crash, see a doctor promptly. Fast medical assessment and treatment can be essential for protecting your legal rights and health.

New York Car Accident Laws Impacting Your Case

When you’re hurt in an accident, you may be surprised to discover the unique set of laws applying to NYC injury claims. Understanding state laws and regulations can be vital for asserting your rights and recovering fair compensation.

What Is No-Fault Insurance?

New York State operates under a no-fault insurance system. This means your car insurer typically covers your accident-related costs, such as medical bills and wage losses, regardless of who is responsible. However, you may be unable to sue unless your injuries and damages are severe. A NYC car accident attorney at Berkowitz & Weitz Law, P.C. can determine whether you qualify for a lawsuit.

Comparative Negligence

New York follows the comparative negligence rule, meaning fault is shared between the parties involved in a collision. If you’re partially at fault for an accident, your compensation will be reduced according to your degree of fault. Let’s say you have $100,000 in damages, and the court finds you 20% at fault. In this case, you would only be able to recover 80% of the total damages ($80,000).

A NYC car accident lawyer can minimize your share of fault and maximize your recovery in complex car accident cases.

Your Best Next Steps When Hurt in a NYC Car Accident

Taking specific steps after a car accident in NYC can be crucial to protect yourself and your rights. Here’s what to do:

• Call 911. Dial 911 for law enforcement and request medical assistance if you or any other parties to the accident suffered injuries.
• Exchange Contact Details. Exchange names, contact details, and insurance information with other drivers and eyewitnesses.
• Document the Scene. If possible, take pictures of the accident scene and any damaged vehicles. Jot down what happened in the moments before the crash, as memories can fade over time.
• Seek Medical Assistance. If you declined medical help at the accident scene, visit a doctor as soon as possible after the crash to ensure you haven’t sustained any underlying injuries.
• Document Your Damages. Retain all receipts and credit card statements showing your accident-related expenses.
• Notify Your Insurer. Contact your insurance company promptly and inform them of the accident. Your insurer can help you initiate the claims procedure right away.
• Contact a NYC Car Accident Lawyer. If you or a loved one experienced significant injuries, talk to an attorney to understand your rights and the next best steps.

Is Someone Else Liable for Your NYC Car Accident Damages?

According to the National Highway Traffic Safety Administration (NHTSA), accidents often occur due to risky driving behaviors, such as drunk driving. If another driver caused your accident carelessly or recklessly, you could be entitled to compensation.

You could also have a personal injury case if your crash occurred due to a poorly constructed road or a vehicle defect. Here are some examples where you could hold another party responsible:

• Speeding. Driving too fast is a leading cause of car crashes. Excessive speed not only contributes to accidents but also increases the severity of injuries and car damage.
• Driving Under the Influence (DUI). Driving under the influence of alcohol and drugs can cause serious crashes. More than 13,000 individuals died nationwide in alcohol-related crashes in 2022 alone.
• Distracted Driving. Driving distracted, such as talking to passengers or texting, takes a driver’s attention away from the road and can cause severe crashes.
• Violating Traffic Laws. If your crash happened due to another driver violating traffic laws, such as running a red light or stop sign, they could be responsible for your accident and damages.
• Poorly Constructed Roads. Substandard road construction or lack of maintenance can cause or contribute to NYC car accidents. If you experienced a crash due to a poorly maintained or designed road, you could have a case against a NYC government entity.
• Defective Motor Vehicle. Vehicle faults occasionally cause accidents. Such product defects can include faulty steering, defective brakes, tire defects, and others.

Since car accidents can involve complex liability issues, consulting a NYC car accident attorney is crucial for understanding your rights and obligations.

Compensation You Could Recover

You deserve adequate compensation if you suffered severe injuries and financial losses, and another is responsible. While every accident is unique and damages depend on the circumstances of your crash and the scope of your injuries, awards may include:

• Healthcare expenses and future medical bills
• Lost wages and future lost earning capacity
• Property damage
• Pain and anguish
• Loss of life enjoyment
• Emotional distress

A NYC car accident lawyer can help you understand the value of your claim and the compensation you could recover from the responsible party.

Get Started Now and Contact Berkowitz & Weitz Law, P.C.

You don’t have to handle the stressful aftermath of a NYC car accident alone. We know how much may be at stake for you and your family. Our attorneys are dedicated to helping NYC car accident victims avert financial hardship by pursuing the compensation they need to put their lives back together.

Don’t wait to seek legal advice, as the time to file a lawsuit in New York is limited. Contact Berkowitz & Weitz Law, P.C. today for a free case review.

You’re on your way to work or an important appointment in the city when suddenly, you trip on a jagged piece of concrete on the sidewalk and tumble to the ground. Instead of arriving at work or completing your errands, you’re now at the emergency room with a broken arm and a steep medical bill.

When something like this happens, and a property owner or NYC government body is responsible, they should make you “whole” again. You could qualify for damages, such as healthcare expenses, wage losses, and more. However, premises liability claims can be challenging. Consider consulting a trip and fall attorney in NYC who can protect your rights.

What Is a Sidewalk Defect?

Sidewalk defects in NYC pose significant risks and potentially cause severe injuries to pedestrians. Here are some examples of serious sidewalk defects: 

• Cracked Concrete and Uneven Pavements. Large cracks and uneven sidewalk slabs can catch on shoes or wheelchairs and create tripping hazards. Cracks and uneven walking surfaces are particularly challenging for the elderly and those with reduced mobility.
• Cellar Door or Utility Cover Defects. Deteriorating hardware on utility covers or sidewalk cellar doors can create potential openings that catch pedestrians unaware and could lead to severe trips and falls.
• Improper Sidewalk Repairs. Poor and haphazard sidewalk repairs can create dangers due to inadequate materials used or mismatched heights.
• Construction Vehicle Damage. In New York, construction is a permanent feature. Heavy vehicles and equipment used at construction sites can crack or destabilize sidewalk sections, creating uneven walking surfaces and trip hazards for pedestrians.

If you or a loved one suffered injuries due to a sidewalk defect in NYC, don’t wait to seek legal guidance from a New York trip and fall attorney. The time to file a personal injury claim for a sidewalk defect in NYC is limited, especially if the municipal government is responsible for your fall. 

Who is Liable for Sidewalk Defects in NYC?

If you were hurt in a trip and fall accident on a New York City sidewalk, someone else might be responsible for your injuries. Determining liability and who is at fault is crucial to pursuing compensation.

Property Owners’ Responsibilities

Property owners in NYC have certain responsibilities and obligations under the law. For example, according to NYC Administrative Code Section 7-210, owners must keep the sidewalks adjacent to their properties in a reasonably safe condition and in good repair. 

This means property owners or property management should regularly inspect sidewalks for hazards like cracks or uneven surfaces and repair any issues as soon as possible. If a property owner neglects their duties and you are hurt as a result, you could hold the property owner liable for your injuries and financial losses. 

To successfully pursue a negligence lawsuit in a trip and fall case, several key elements must be proven:

• Knowledge of the Defect: You must demonstrate that the property owner knew or should have known about the defect that caused your accident. This knowledge establishes the owner’s responsibility to address the hazard.
• Failure to Make Necessary Repairs: It is essential to show that the owner failed to take appropriate action to repair or warn about the defect. This negligence in maintaining a safe environment is central to the claim.
• Direct and Proximate Cause of Injuries: Finally, your injuries must be shown to be a direct and proximate result of the accident caused by the defect. This connection between the defect and your injuries is crucial to establish liability. 

By understanding and proving these elements, you strengthen your case for holding a negligent property owner accountable for the harm you’ve suffered.

New York City’s Role in Sidewalk Maintenance

While private property owners and businesses in NYC bear most of the responsibility for sidewalk maintenance, the city also has a role to play. The municipal government in NYC is responsible for maintaining sidewalks next to government buildings and other city-owned properties, including parks. 

If a pedestrian is hurt due to a defect on a municipal sidewalk, they could hold the city accountable for damages. However, suing the government can be tricky due to additional administrative hurdles and tighter deadlines. For example, to file a lawsuit against the city, you must first file a notice of claim within 90 days of the accident. The notice must include detailed information, such as the specific dollar amount you are seeking in damages.

• Notice of Claim: Submit within 90 days of the accident.
• Required Information: Include the exact amount sought for recovery.

Once the notice is filed, the statute of limitations is also shorter, as victims only have one year and 90 days to file suit. This is significantly less time compared to New York’s three-year statute of limitations for trip and fall lawsuits against private property owners.

Understanding these critical deadlines is essential to ensure your claim is valid and timely, especially when dealing with the complexities of government-related legal processes.

To ensure a claim against the city is valid, it must include several essential details. Here’s a breakdown:

1. Personal Information: Start with the claimant’s full name, address, and contact details. This ensures that there’s clarity about who is filing the claim.
2. Incident Details: Clearly describe the incident, including the date, time, and exact location. The more precise the information, the better the city can assess the claim.
3. Description of Damages: Outline what damages or injuries were sustained. Be specific in detailing the nature and extent of these damages.
4. Financial Details: Include the exact amount of compensation being sought. This should reflect costs incurred or expected as a result of the incident.
5. Supporting Evidence: Attach any relevant documents or evidence. This could include photographs, medical records, or witness statements that corroborate the claim.

By including all these crucial details, the claim can be processed smoothly and efficiently. Make sure each section is complete to avoid unnecessary delays.

When investigating whether the city had prior knowledge of a damaged sidewalk, a trip and fall accident attorney takes a methodical approach. Here’s a breakdown of the essential steps they’ll undertake:

1. Initiate Discovery Requests: The attorney will formally request documentation from the city. This might include accessing records that highlight previous complaints or incidents at the same location.
2. Review Public Records: It’s crucial to examine surveys, construction logs, and maintenance reports that could indicate the sidewalk’s condition over time. 
3. Check for Previous Claims: The attorney will investigate if there have been prior claims related to similar accidents in the vicinity, which might suggest a pattern of negligence.
4. Analyze Police Reports: Any police documents filed for similar accidents at that site will be thoroughly reviewed to gather evidence of recurring issues.
5. Interview Witnesses and Experts: Speaking with individuals who frequent the area, or consulting with experts, can provide insights into how long the defect may have existed.

By meticulously piecing together this information, the attorney can effectively argue whether the city was aware of, but failed to address, the sidewalk’s hazardous condition.

Common Injuries in a Trip and Fall

Every trip and fall is unique and can lead to various injuries, depending on the individual’s age and health status. Serious fall injuries can include:

• Traumatic brain injury (TBI)
• Lacerations and cuts 
• Bone fractures
• Neck and back injuries
• Spinal cord damage and paralysis

Tripping on a crack or pothole in a sidewalk can lead to significant injuries and long-term mobility and health consequences. According to the Centers for Disease Control and Prevention (CDC), older individuals could even lose their independence after a severe fall. 

If you’re affected by a personal injury due to a sidewalk defect in NYC, consult a New York trip and fall attorney to learn about your options.

Your 5 Best Steps After a NYC Sidewalk Trip and Fall Accident

Knowing what to do after a fall can be the key to protecting your rights and pursuing the compensation you deserve. Take the following necessary steps if you’re hurt due to a hazard on the sidewalk:

1.See a Doctor

Seeing a doctor immediately after a sidewalk fall is essential for safeguarding your health. In addition, a medical report documents your injuries and provides vital evidence you need to prove your case and pursue damages from the responsible party.

2.Report the Fall

If you can, find the property owner or manager and file an official accident report. This helps establish a record of your fall and can be critical evidence in a lawsuit. If you are unable to file a proper report, note down how the trip and fall happened and why. Don’t forget to take photos of the hazardous condition, such as a pothole or missing sidewalk slab, and your injuries. 

3. Collect Evidence

Evidence is vital to support your claim and recover compensation from the responsible party and can include the following:

• Photos and videos of the accident scene 
• Eyewitness statements
• Medical reports and bills
• Receipts of accident-related expenses

4. Keep Meticulous Records

Keeping detailed records of your fall-related expenses, medical treatments, and insurance communication can be critical for your trip and fall claim. Keep such receipts and documents organized in a folder so you have the vital paperwork at hand for insurance claim purposes and for your attorney. 

5. Contact a NYC Sidewalk Defect Lawyer

Speaking to a trip and fall attorney in New York is essential for understanding your legal options and the best next steps. They can guide you through filing a claim and negotiating with the insurance company. Crucially, should an insurer deny a fair settlement, your attorney can take your case to court and fight for the compensation you deserve.

Acting promptly is crucial for several reasons:

• Maximizing Compensation: Retaining a lawyer with experience in handling claims against both private property owners and the city can improve your chances of receiving a larger settlement.
• Timely Medical Attention: Seeking immediate medical treatment not only aids in your recovery but also strengthens your legal case by documenting your injuries.
• Complimentary Case Evaluation: Many attorneys offer a free initial consultation, allowing you to assess your legal standing without financial pressure.

By taking swift action, you ensure that all necessary steps are taken to protect your rights and enhance your recovery prospects.

You Could Qualify for Damages

Compensation victims can recover in a NYC sidewalk defect claim will depend on the scope of injuries, damages incurred, and other factors. Generally, you could receive awards for the following damages and others:

• Healthcare expenses
• Loss of income
• Property damage or loss
• Pain and suffering
• Loss of life enjoyment
• Disability
• Out-of-pocket accident-related expenses 

Knowing what your case is worth is critical so you don’t risk getting shortchanged by an insurance company. An NYC sidewalk defect lawyer at Berkowitz & Weitz Law, P.C., can assess your case and calculate your damages.

A NYC Sidewalk Defect Lawyer Can Maximize Your Compensation

Dealing with the aftermath of a sidewalk defect injury in NYC can be challenging. Between steep medical bills, the stress of lost wages, and the worry of fighting a lawsuit, it’s easy to feel exhausted. That’s when a skilled NYC sidewalk defect lawyer can step in and take some of the burdens off your shoulders.

Our attorneys at Berkowitz & Weitz Law, P.C., have a proven track record of securing significant settlements and verdicts for our clients. We’re here to help you get the compensation you need to move forward with your life. Contact us today to get started with a free case review.

When you’re involved in an accident, you need to protect your health, your rights, and your finances. Working with an experienced NYC construction accident lawyer can be vital to hold the negligent parties accountable and pursue the compensation you deserve.

New York City’s skyline is a testament to its thriving construction industry, with workers constantly busy building and repairing the city’s architecture. However, the relentless pace of New York’s construction industry doesn’t come without risks to workers, including falls from heights and injuries from defective equipment.

Common Construction Accidents in New York City

Construction work in New York employs around half a million workers in some of the most dangerous jobs in the city. Workers tackle complex projects, often at dizzying heights and in all weathers. Common accidents on construction sites in NYC can include the following:

• Falls. Construction sites can be chaotic, cluttered, and full of tripping hazards. When workers fall from heights, such as scaffolding and roofs, catastrophic injuries and even fatalities may occur.  
• Equipment Failure. Most construction projects in NYC involve heavy machinery, such as cranes and bulldozers. When machines malfunction or are unsafely operated, workers may suffer crushing injuries, amputations, and worse.
• Falling Objects. Falling objects can be a constant danger for workers on or near construction sites. Tools, debris, and construction materials dropping from above can cause serious injuries like concussions and fractures.
• Electrical Accidents. The Centers for Disease Control and Prevention (CDC) states that construction workers are roughly four times more likely to experience electrocution than workers in other industries. Electrocution, burns, and other injuries can result from contact with overhead power lines, unsafe wiring, or faulty electrical equipment. 
• Exposure to Toxic Chemicals. Working in the construction industry can expose you to various toxins harmful to your health. Hazardous materials include solvents, paints, insulation materials, asbestos, and lead.  
• Trench Collapses. Working in unsecured trenches can be deadly for construction workers, who may be buried and crushed under heavy soil. Reasons for trench accidents can include failing to install trench boxes, unstable soil, and caving walls due to water intrusion.

While NYC regulations are designed to protect workers on construction sites, some developers and contractors put profits before the safety of their workers. When the worst happens, and a worker is severely injured or dies, individuals and families have little leverage against big corporations. This is when our New York construction accident attorneys can step in and fight for the compensation and justice you deserve. 

Your Workers’ Rights in a NYC Construction Accident 

If you were injured on a construction site in New York City, you could have several options to get the healthcare benefits, income replacement, and compensation you deserve. Here’s what to know:

New York Workers’ Compensation

New York’s workers’ compensation is a no-fault system designed to provide those injured at work with benefits such as medical care, lost wages, and disability payments. However, while workers’ comp covers your medical bills and some of your lost wages, it doesn’t compensate for damages like pain and suffering. 

Your Right to Sue for Negligence in New York

Workers can sometimes file personal injury lawsuits to seek additional compensation, such as pain and suffering damages. Suing is an option when a third party, like a property owner, contractor, or equipment manufacturer, causes your construction accident and injuries. However, you generally can’t sue an employer for damages unless in specific circumstances.

Protections Under New York Labor Laws

In addition to federal laws, New York State laws also offer protections for construction workers. For example, New York Labor Law § 241(6) requires that construction sites comply with stringent safety regulations. If a property owner or contractor violated such safety regulations, you could hold them accountable for your damages. 

Understanding workers’ rights in a NYC construction accident and the applicable laws can be confusing but is critical for your compensation claim. Don’t miss out on compensation and benefits, and consult a NYC construction accident lawyer as soon as possible after your accident and injury.

What to Do When Injured in a NYC Construction Accident

When you’re injured on a construction site in NYC, it’s best to act promptly to protect your health and legal rights. Here are the steps to take:

• Report the Accident. Notify your supervisor or employer immediately. Reporting your accident creates an official record of the incident, which is essential for filing a workers’ compensation claim or lawsuit. Explain what happened in detail, including the time, location, and accident cause.
• Seek Medical Help. Even if you feel fine after the accident or your injuries seem minor, get a medical check-up as soon as possible. Prompt diagnosis and treatment can be crucial for injuries that aren’t immediately obvious, such as a traumatic brain injury. Seeking medical advice also documents the extent of your injuries. 
• Gather Evidence. If possible, document your accident by collecting evidence from the scene. Take photos or videos of unsafe conditions or other potential labor law violations contributing to your injury. Ask witnesses for their contact information, as their statements can support your claim.
• Contact a New York Construction Accident Attorney. An experienced attorney can evaluate your case and help you navigate a workers’ compensation claim or a lawsuit. They can work tirelessly to secure compensation for your medical bills, lost wages, and other damages.

Compensation Available for NYC Construction Accident Victims 

In a construction accident in NYC, most workers’ rights include access to workers’ comp benefits, including medical expenses, partial income replacement, and even vocational assistance. In addition, if you qualify for a personal injury lawsuit, you could recover numerous other damages:

• Economic Damages. In a lawsuit, injured workers may recover economic damages not covered by workers’ compensation, including certain medical expenses, lost future earnings, and others.
• Non-Economic Damages. Non-economic damages in a personal injury lawsuit can include pain and suffering, emotional distress, and loss of enjoyment of life.
• Punitive Damages. A court may award punitive damages if an employer or third party was grossly negligent or reckless in causing your work accident.

Depending on the circumstances of your construction accident, you could qualify for additional damages. A NYC construction accident lawyer at Berkowitz & Weitz Law, P.C. can determine the worth of your case.

Why Choose Our NYC Construction Accident Lawyers?

At Berkowitz & Weitz Law, P.C., we understand the emotional, physical, and financial implications injured construction workers face. We are dedicated to protecting your rights and helping you and your family move forward during this challenging time. 

Our attorneys have a proven track record of securing multi-million-dollar settlements and verdicts for injured individuals, including construction workers. Contact us today for a free consultation to find out how we can help.

Falling on ice in New York City can be unexpected and painful. Whether you’re strolling along a sidewalk while shopping, entering an office building, or returning to your car in a parking lot, icy surfaces can turn everyday activities into painful accidents. 

A slip and fall on ice can lead to severe injuries, steep medical bills, and disruptions to your work and home life. Since someone else, such as a property owner or manager, may be responsible for your losses, seeking legal help for a slip and fall on ice in NYC is essential. You could be entitled to damages.

Common Causes of Ice-Related Slip and Fall Accidents

On NYCs icy streets and walkways in winter, the dangers of a slip and fall accident are always present. Here are some common causes of ice-related slips and falls in the city:

• Icy Sidewalks. During the winter months, untreated surfaces can be treacherous and cause many slip and fall accidents. Serious injuries occur when property owners fail to ensure that their sidewalks are safe and neglect salting or sanding.
  
• Uncleared Walkways. Walkways in shopping centers and within apartment complexes must be kept clear of ice, slush, and snow accumulations. Neglecting to clear walkways can cause falls and injuries. 
• Parking Lots. Parking lots can become extremely hazardous when snow and ice accumulate on surfaces. When property management or municipal government bodies neglect to plow snow or treat icy patches, dangerous falls and injuries can be the result. 
• Staircases and Building Entrances. Ice and snow accumulations can quickly form on stairs and at building entrances, creating slip hazards. In wintry weather, property owners must regularly maintain and de-ice these areas to prevent slips and falls. 
• Slippery Indoor Floors. Snow being blown inside a building entrance and carried into a property on shoes can make floors inside slippery and hazardous. Property owners should place mats and clean regularly to remove such hazardous conditions. 
• Lack of Warning Signs. Warning signs alert pedestrians to dangerous conditions, reducing the risk of slipping and falling. Property owners failing to place warning signs in areas known to be hazardous could be liable for injuries.

Falls among adults 65 and over are a particular concern in New York City, as they can lead to ongoing health and mobility problems for older adults. If you or a loved one has experienced a slip and fall accident due to a property owner’s negligence, an ice fall injury attorney in New York can help you pursue compensation.

Understanding Premises Liability in NYC

New York’s premises liability laws require property owners to maintain safe conditions for guests and visitors. Under these laws, you could hold a property owner accountable if you experienced an injury due to hazards such as icy sidewalks or slippery staircases. 

How Do You Prove Negligence in a Slip and Fall Case?

Proving negligence in a slip and fall case can be challenging and involves demonstrating that the property owner failed to maintain safe conditions, leading to your fall and injury. You’ll need to show that the owner:

1. Owed you a duty of care
2. Breached that duty, AND
3. Caused your injury as a result 

The “burden of proof” is on you, the plaintiff, and winning your case requires compelling evidence. For example, you must establish that the property owner’s actions or lack of actions directly resulted in the hazardous condition that led to your fall and injuries. Let’s say a property owner neglected to salt or sand a walkway for days despite wintry weather. In that case, you could argue that this lack of action amounts to negligence.

To maximize your chances of prevailing with a premises liability claim or lawsuit, seek legal help for a NYC slip and fall on ice. A lawyer can gather and present crucial evidence and help you recover fair compensation.

How Much Time Do You Have to File a Slip and Fall Claim in NYC?

When you’re hurt in a slip and fall accident in NYC, you must act quickly to protect your rights. The New York statute of limitations in most slip and fall cases gives you three years from the date of the accident to file your lawsuit. 

However, if your slip and fall occurred on municipal property, such as a sidewalk maintained by the city, you’ll have to act even quicker and must file a notice of claim within 90 days of the incident. In addition, you’re also facing a shorter deadline of one year and 90 days for filing a lawsuit. 

Failing to meet the legal deadlines can result in losing your right to seek compensation. Working with a NYC slip and fall lawyer can ensure you’re not missing any vital deadlines and give you the best chance of obtaining the compensation you need.

Average Settlement in a NYC Slip and Fall Claim

If you were hurt and someone else was responsible, you might wonder how much your personal injury claim is worth. What you can recover will be specific to your claim and depend on the severity of your injuries and the extent of your damages, such as healthcare expenses. Here are some factors that can determine your compensation award: 

• Scope of Injuries. In general, the more severe your slip and fall injuries, the higher the settlement you could recover. 
• Property Damage. You may also be reimbursed for any damage due to your accident on ice, such as your cell phone, clothing, and others.
  
• Non-Economic Damages. If you suffered significant injuries that require extensive medical treatments, you could receive compensation for non-economic damages, such as pain and suffering, loss of enjoyment of life, and more. 
• Liability Considerations. The at-fault party’s level of negligence can impact your slip and fall claim recovery. For example, according to New York’s contributory negligence law, your compensation may be reduced if you have some responsibility for your slip and fall. 
• Insurance Cover. The insurance coverage of the at-fault party, such as a negligent property owner, will also play a role in determining your compensation award.
  

If you recently fell on ice and suffered a significant injury, consult an ice fall injury attorney in New York to assess the value of your case.  

Why Hire a New York Ice Fall Injury Attorney?

If you’ve been injured in a slip and fall, you might wonder whether it’s worth hiring a NYC slip and fall lawyer. While representing yourself is an option, you could be jeopardizing your compensation claim. Insurance companies and property owners typically have lawyers on retainers to fight such cases, leaving victims vulnerable to manipulative tactics designed to deny or minimize compensation awards. Don’t let this happen to you.  

Getting expert legal help for a slip and fall on ice in NYC can make all the difference and allow you to get back on your feet physically, emotionally, and financially. Our attorneys at Berkowitz & Weitz Law, P.C. know how to handle your case. We can negotiate aggressively with insurance companies and fight in court for the compensation you deserve. You pay nothing unless and until we win your case.

Get started now and contact us to discover your legal options in a free consultation.

 New York City’s nightlife is full of energy and excitement, and bouncers are the vital component that keeps nightclub and bar patrons safe. But what happens when they overstep the line? 

When a night of fun ends in the ER due to a bouncer’s overzealous actions, you don’t have to stand for it. Seeking legal help for bouncer misconduct in NYC can be vital for protecting yourself. Here, we explore your rights and your best next steps if you’ve been hurt by a bouncer in NYC. 

What Counts as Bouncer Misconduct in NYC?

A bouncer is hired by a nightclub, bar, or venue to provide security services and keep patrons safe. Unfortunately, bouncers may overstep the mark, causing avoidable injuries and harm. Bouncer misconduct can come in many forms; some are more overt, such as excessive force, while others, like negligent supervision, can be more subtle. Here are some examples of NYC bouncer misconduct:

• Using Excessive Force. While bouncers are permitted to use reasonable force to de-escalate a violent situation or remove an unruly patron, they should never use more physical force than necessary. Unnecessary aggression can include assault and battery, which can lead to significant injuries.
• Wrong or False Imprisonment. If a bouncer unjustifiably restrains you, they could be liable for false or wrong imprisonment. Under the so-called citizen arrest law, bouncers may only legally retain a person in New York if the individual is in the process of committing a crime.
• Harassment. If bouncers engage in overly aggressive behavior towards patrons, such as making physical threats, racial slurs, sexually harassing individuals, or engaging in other unwarranted abusive behavior, they could be held liable.
• Negligent Supervision. Failing to properly monitor the premises or control the actions of patrons can constitute negligent supervision or lack of security. For example, a bouncer ignoring a loud disagreement between patrons, leading to a fight with injuries, can constitute negligent supervision.
• Untrained or Unlicensed Conduct. Under New York general business law, bouncers and security guards must be adequately trained and registered. Allowing untrained or unlicensed individuals to perform bouncer duties puts patrons at risk of misconduct and injury.

The Legal Responsibilities of NYC Bouncers

Bouncers have specific responsibilities and limits and should not be confused with law enforcement officers. Bouncers must be registered and properly trained in New York and may only use reasonable force when carrying out their duties. Here’s what bouncers can legally do:

• Ask patrons to leave the premises
• Refuse entry to intoxicated individuals
• Detain someone committing a crime

If you or a loved one suffered injuries due to bouncer misconduct or aggression, our New York bouncer injuries attorneys can clarify your legal options.

Common Injuries from Bouncer Misconduct

When bouncers are aggressive or overzealous, patrons of nightclubs and bars in NYC may suffer serious physical and emotional injuries, as well as financial losses. Here’s a breakdown of the physical injuries that can result from bouncer misconduct:

• Broken bones 
• Concussions and other head injuries 
• Facial and dental injuries
• Soft tissue damage, such as sprains, strains, and bruises
• Cuts and lacerations
• Internal injuries

However, getting attacked and assaulted in a venue, bar, or nightclub can also leave emotional scars, including but not limited to: 

• Anxiety and fear of socializing
• Post-traumatic stress disorder (PTSD) resulting in flashbacks and insomnia
• Long-term emotional distress requiring counseling

If a bouncer caused your physical and emotional injuries, don’t hesitate to seek legal help for bouncer misconduct in NYC. You could be entitled to compensation. 

Your Next Best Steps When Injured by Bouncer Misconduct in NYC

You may not know what to do or where to turn after suffering a bouncer misconduct injury. However, protecting your health and legal rights immediately after the incident and in the following days can be critical for your future. Here’s what to do: 

1. Seek Medical Attention. Make your health a priority. See a doctor as soon as possible after the incident, even if you feel fine or your injury seems minor. A doctor can assess and treat any injuries immediately. Moreover, having medical records documenting injuries is essential if you are planning on filing an insurance claim or lawsuit.
2. Gather Evidence. If possible, take pictures of the location and your injuries. Ask eyewitnesses for their contact information and statements. If there are security cameras nearby, ask property owners for the relevant footage.
3. Report the Incident. Notify the bar, restaurant, or venue management about the incident and insist on filing a formal report. Ask for a copy of the report to take with you. Consider reporting the incident to the police, especially if you experienced significant harm.
4. Document Your Damages. Keep a detailed record of the damages incurred due to a bouncer’s misconduct. These may include medical bills, receipts for any expenses, proof of wage loss, and others.
5. Contact a New York Bouncer Injuries Attorney. If you suffered significant injuries and losses, contact a NYC bouncer assault lawyer who is experienced in handling such cases. They can help you seek maximum potential compensation by negotiating with insurance companies, filing a personal injury lawsuit, and representing you in court.

How a New York Bouncer Injuries Attorney Can Help

If you or a loved one experienced injuries due to bouncer misconduct, know that you don’t have to struggle with a claim or lawsuit on your own. A NYC bouncer assault lawyer at Berkowitz & Weitz Law, P.C., can advocate for you and help you get justice and compensation. Here’s how:

• Determining All Liable Parties. Your attorney will thoroughly investigate the circumstances of your injury and determine who is responsible. For example, they can uncover evidence to show whether the bouncer was properly trained and whether the establishment followed safety protocols.
• Handling Insurance Negotiation. Insurance companies may try to push you into a lowball settlement offer to protect their bottom line. An experienced attorney negotiates with your best interests in mind, aiming for a full and fair settlement.
• Taking the Case to Court. If an insurer or establishment owner refuses a fair settlement and disputes your claim, our New York bouncer injuries attorneys won’t shy away from going to trial and arguing your case powerfully before a judge or jury.
• Calculating Your Damages. Knowing what your case is worth is essential. Your attorney can assess the impact of an injury on your work and home life and pursue compensation for current and future expected damages, such as medical expenses, lost wages, pain and suffering, and more.
• Providing Peace of Mind. Having an experienced attorney by your side during one of the most stressful times in your life can feel reassuring and soothing. They can handle all the legal aspects of your case, leaving you free to heal and recover.

Our NYC Bouncer Assault Lawyers Want You to Win 

We understand how traumatizing an attack or assault can be. In addition to facing emotional and physical injuries, you could be saddled with steep medical bills and other losses that significantly affect you and your family.

Berkowitz & Weitz Law, P.C.’s New York bouncer injuries attorneys are ready to assess your case and help you get what you need and deserve. Contact us today for a free case review to discuss your legal options. 

Facing the aftermath of an accident, whether a car crash or slip and fall, is never easy, but knowing how to choose the right personal injury lawyer in NYC can give you a head start. A skilled lawyer can walk you through the legal process, protect your rights, and reduce the stress of a lawsuit.

Finding the best personal injury attorney in New York for your case also gives you the best chance of recovering maximum compensation. Your attorney can help you avoid leaving money on the table or falling victim to manipulative insurance company tactics. Making an informed NYC personal injury lawyer selection is vital for the success of your case.

Cases NYC Personal Injury Lawyers Handle

Most personal injury attorneys handle various cases that have one thing in common: someone suffered harm due to the careless or reckless actions of another individual, business, or government entity. Common types of personal injury cases include:

• Motor Vehicle Accidents. Car crashes, motorcycle accidents, and collisions with commercial trucks can result in devastating and permanent injuries. If someone else is responsible, NYC victims may have grounds for a personal injury case and should seek legal advice.
• Slips and Falls. If property owners or lessees don’t maintain premises adequately, slips and falls are bound to happen. Hazardous conditions like wet floors, broken floorboards, bulging carpets, or loose mats are often the culprits. If you or a loved one suffered injuries on someone else’s property in NYC, you could be entitled to compensation.
• Lack of Security. Property owners must ensure that their premises are safe and secure for visitors. If premises lack security, such as locks, proper lighting, or security cameras, visitors may become victims of assaults, thefts, and other crimes.
• Medical Malpractice. Medical malpractice can come in many forms, including wrong patient or wrong side surgeries, misdiagnoses, birth injuries, and medication errors. If you were affected by the negligence of a doctor or hospital, you could be entitled to damages.
• Nursing Home Neglect. Our loved ones deserve dignity and respect. Unfortunately, neglect and abuse targeting the most vulnerable in nursing homes do happen. Incidents can include poor hygiene, inadequate medical care, and even physical abuse.

There can be many other incidents in which you’ll want to work with the best personal injury attorney in New York, including injuries from defective consumer products, construction accidents, and restaurant or bar negligence.

Why Hiring an Experienced Personal Injury Lawyer Matters

While you could handle a minor incident, such as a fender bender without injuries, alone, consider hiring an attorney if you suffered severe injuries and financial losses due to another’s negligent conduct.

The best personal injury attorneys in New York negotiate aggressively with insurance companies that may try to push you into a low-value settlement offer. An attorney is also invaluable for calculating the full worth of your case, including expected future expenses, to ensure you’re getting adequately compensated.

If an insurance company refuses a fair settlement, your attorney can move forward with a lawsuit and present your case powerfully before a judge or jury. In a nutshell, working with a skilled attorney gives you the best chance of recovering what you need to put your life back together, including awards for medical bills, lost wages, and emotional distress.

How to Choose the Best Personal Injury Attorney in New York

While it takes a little time and effort, selecting a NYC personal injury lawyer doesn’t have to be complicated or frustrating. Here are some simple tips to find the best attorney for your case:

• Ask for Recommendations. One of the easiest and fastest ways of finding an excellent personal injury lawyer is to ask family members, friends, and work colleagues who may have worked with successful personal injury attorneys.
• Conduct Online Research. It can be as simple as searching for “personal injury attorneys near me.” While researching attorneys online, you’ll come across past client reviews and ratings, which can be invaluable.
• Schedule Free Consultations. Most NYC personal injury attorneys offer free consultations. Use this opportunity to get to know a few attorneys, ask questions, and determine who is the best fit for you.

Choosing an Excellent Attorney

You wouldn’t want a psychologist to handle your appendix operation. Similarly, you don’t want to work with an attorney who isn’t a personal injury expert, such as a criminal defense or family law attorney. Here’s what to look for when making your NYC personal injury lawyer selection:

• Relevant Expertise. Ensure the attorney has experience in handling personal injury cases similar to yours. Say you have a slip and fall case. In that case, aim to hire a NYC personal injury lawyer who has achieved significant settlements in slip and fall claims.
• Trial Proven. While the Bureau of Justice Statistics (BJS) says most personal injury claims are resolved out of court, you can’t predict what will happen with your case. Hiring an attorney with a proven trial record is always a good idea and gives you leverage in insurance company negotiations.
• No Upfront Fees. Hiring an attorney who works with a contingency agreement works in your favor in two critical ways. Firstly, it means your finances are protected, whatever happens, as you don’t pay the attorney if you lose the case. Secondly, attorneys working on contingency are highly motivated to get the best result for you as they only get paid if you get paid. It’s a win-win situation.

Questions to Ask at the First Consultation

Scheduling free consultations is an important step, providing you with the opportunity to find out more about an attorney and a law firm. It can also be crucial to determine the merits of your case and help you learn about your next best steps. Here are some excellent questions to ask an attorney at the first meeting:

• Do I have a strong case?
• How many cases similar to mine have you handled successfully?
• What are your personal injury case results?
• Have you fought and won trials?
• Do I have to pay any out-of-pocket attorney’s fees or legal costs?
• Who will be handling my case?
• How often will we communicate about my case?

Contact Our NYC Personal Injury Lawyers for Help Today

If your life is turned upside down due to an injury that’s another’s fault, you don’t have to struggle alone to get compensated. We are here to help and can be by your side every step of the way. When you’re looking for a personal injury attorney with a proven track record and case results that speak for themselves, Berkowitz & Weitz Law, P.C. is here for you.

We don’t charge you a dime in attorney’s fees unless and until we win and you recover compensation. Remember, the time to file a personal injury lawsuit is limited. Contact us today for a free consultation to learn more.