My car broke down when I was on a two lane highway. I was not able to get the car off the roadway before it completely stopped. When I was waiting for a tow, someone hit me. And now they are suing me. What are my rights? I was driving on a crowded four lane … Continue reading Stopping on a Roadway
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In New York, a Labor Law slip and fall on a construction site may entitle you to compensation beyond standard workers' compensation benefits. I slipped and fell on ice while I was carrying my tools. We had to work outside because there was a rush on the job and the contractor was up against a … Continue reading Slip and Fall During a Storm is Covered by Labor Law
In New York, the answer depends on whether your injuries meet what is known as the serious injury car accident threshold under Insurance Law § 5102. I was injured in a two-car accident and have been out of work for four months. I’ve received little from no-fault benefits. What are my claims? No Fault Claim … Continue reading Serious Injury After a Car Accident: Does Your NY Claim Qualify?
I hired a contractor to repair the roof of my building. The contractor had erected a scaffold. A pedestrian walking under the scaffold was injured when part of the scaffolding had collapsed. The injured pedestrian now is suing me for this contractor's negligence. Am I responsible for this accident? It sounds like the type of … Continue reading Premises Liability for an Independent Contractor
A car struck my son when he was crossing the street. My son takes the school bus home. When he was discharged from the school bus, he had crossed in front of the school bus and before he finished crossing the street, the school bus driver had turned off the flashing red light and retracted … Continue reading School Bus Safety
Due to an urgent phone call, I had to quickly leave my home and requested my neighbor, who was outside, to put my lawnmower, which was in my front yard, into my garage and to close the garage door. Unfortunately, my neighbor failed to comply with my request. In fact, the lawnmower was stolen, and … Continue reading Deadbeat Neighbor
I was walking on a sidewalk. A young child on a bike was crossing the street into traffic. I acted instinctively and attempted to prevent the child from being struck. I succeeded. The car driving in the lane closest to the sidewalk did not hit the child. However the child was distracted by my actions. … Continue reading When doing the Right Thing Leads to a Lawsuit
While working inside a Manhattan building, I was cleaning newly installed windows when I fell off a 5-gallon paint bucket, injuring my leg. What claims do I have? Worker's Compensation Claim As with all workplace accidents, the immediate priority is to seek medical attention at a hospital or doctor's office. Upon reporting the injury to … Continue reading Labor Law Protects Workers from “Gravity Related Risk”
Evaluating Medical Malpractice and Nursing Home Claims in New York Medical malpractice cases are particularly difficult because of the enormous cost involved. A medical malpractice case has to be thoroughly evaluated prior to filing and serving a summons and complaint. Normally, the attorney must collect all pertinent medical records, and then have those medical records … Continue reading Claims for Nursing Home Liability Under the Public Health Law
I am a painter. I fell while I was on a ladder painting an office. What claims do I have? If you are an injured painter covered by Labor Law § 240(1) in New York, you likely have questions about your legal options. A common point of confusion for injured workers is whether a fall … Continue reading Injured Painter Covered by Labor Law