Will my personal injury case go to trial?

The simple, upfront answer is, 'more than likely no’. When someone suffers an injury as a result of another individual’s negligence, here in New York, they are entitled to damages by way of filing a personal injury claim with the court, regardless of how the injury was incurred, whether from a vehicle accident, an act of medical malpractice, a pedestrian accident, a defective product, daycare abuse and negligence or any other type of accidental injury.

Many people, however, who fall victim to any of these scenarios or encounter injuries through other negligent acts are often hesitant to file any type of a claim for a variety of reasons. People, first and foremost, are typically afraid to file a claim because they are not familiar nor do they understand lawyers and courtrooms. Many people have no desire whatsoever to have to be involved in any type of a trial matter because of all the stress, demands, and the entire uncomfortable process involved, as well as the obvious fact that a case can take a good deal of time to come to a conclusion disrupting lives and families for months and sometimes even years.

Victims can certainly avoid all these unpleasant situations and all the uncertainty that goes along with it by hiring an experienced personal injury attorney to represent them. A New York Personal Injury Attorney will most assuredly simplify the claim, the case, and the overall process from start to finish and work their hardest to ensure that the final outcome is, indeed a fair one.

With a personal injury attorney presenting your case, the odds a very good that your personal injury claim will never make it to trial, but rather settle out of court.

One of the most obvious reasons for an out of court settlement is the simple fact that trials can take a long time and juries can certainly be unpredictable. In most cases, the parties involved in a personal injury claim are more apt to negotiate a settlement outside of court because they can have some degree of control over the final outcome of the claim rather than putting the final verdict and outcome into the hands of a judge and jury.

In addition, settling out of court ensures that parties involved can then avoid the many countless expenses and costs that come into play when a case goes to trial. Attorneys and parties involved in personal injury claims typically all have the same goal in mind - to settle the case as quickly and fairly as possible and avoid all the drama of a courtroom trial. For these reasons, and many more, statistics tell us that the typical personal injury case very rarely makes it to a full trial.

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How Insurance Policy Limits Can Affect My Case

If you have been involved in an accident and another individual is at fault, one of the first thoughts that come to mind is, do they have enough insurance to cover all my injuries and damages? Whether you and your attorney are attempting to settle your case outside of a courtroom with the insurance company directly or have to go through a complicated, prolonged court proceeding, it is important to understand just how insurance policy limits can affect your case.

The key elements that come into play when an appropriate settlement amount is to be determined are the nature and the extent of your injuries and the policy limits of the at-fault parties. The policy limits define the amount of insurance coverage that is available to compensate a victim for injuries sustained and losses incurred as a result of an accident and plays an important role in the entire settlement process.

If the party at fault does not have sufficient insurance coverage to compensate for your losses and injuries or has no insurance at all, then indeed your case has just become a bit more complicated. You may ask why? The simple answer is that any insurance company is only liable for the dollar limits that exist in the policy and cannot, therefore, pay out large sums of money for serious injuries and damages if the insurance coverage limits on the policy are low and do not satisfy the extent of the injuries and losses. If the at-fault party does not have sufficient coverage, then it is necessary to seek out other resources to compensate the victim for injuries and losses.

Regardless of the injuries you may suffer, the loss of income you suffer, or any other expenses or losses that are incurred as a result of your accident, if the at-fault party does not have an insurance policy with sufficient policy limits to cover your losses then the insurance company is only liable to pay the limits of the policy and nothing more. With that said, your final settlement can be seriously affected by the amount of insurance coverage and the policy limits of the at-fault individual’s policy.

If the at-fault party has limited or insufficient coverage to pay for your injuries and/or losses or has no insurance at all then your own insurance company adjuster will handle the negotiation of the claim moving forward in their efforts to cover the difference of the appropriate settlement amounts for your specific injuries, damages and losses. "For a free consultation to explore your legal options call the attorneys at Popick & Rutman today" (718) 321-7460 and also visit our website.

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Common Construction Accident Cases a Personal Lawyer Can Help You With

Common Construction Accident Cases a Personal Lawyer Can Help You With

One of the most dangerous jobs out in the workplace is that of construction workers on a busy, complicated construction site. Accidents certainly happen all the time on construction sites and, more often than not, these very accidents result in workers becoming severely injured, disabled or even killed.

We all know that employees are covered by workers’ comp insurance, but typically coverage provided through workers’ comp is not sufficient to compensate construction workers that are severely injured, or the families of construction workers who have lost their lives on the job fairly or appropriately. With that said, should you become injured on a construction site or a family member loses their life on the job, hiring a New York Construction Accident Attorney can help you to receive the appropriate compensation for your injuries, losses or family member’s death. Your construction accident attorney will file claims against all those individuals or companies that contributed to your accident and are either individually or collectively at fault.

There is a wide range of construction site accidents that typically require the expertise and representation of a highly skilled and trained construction accident attorney. Some of the more common construction accident cases a personal injury lawyer can help you with include accident falls, equipment accidents, welding accidents, serious burns, crane accidents, electrical injuries, scaffold injuries, building collapses, forklift accidents, ladder accidents, structural failure on the site, dumpster accidents, elevator accidents, negligence of a site manager or supervisor, gas explosions and even vehicle collisions and accidents to and from as well as on the construction site itself.

Many of these accident types can result in serious injuries, lost wages, medical costs and even death. Regardless of what type of accident you are involved in on the construction site, when an accident is the direct result of someone else’s negligence, whether the site property owner, your construction supervisor or manager, or equipment manufacturers of the on-site equipment you are operating, hiring a construction accident attorney is the best approach for you. An attorney will dedicate long hours and hard work to ensuring that you are properly compensated for all your losses, including lost wages, medical expenses, loss of your future earnings, and even pain and suffering.

It is important that individuals who are injured on a construction site or the families who suffer a tragic death of a family member from a construction accident, engage the services of an experienced construction accident attorney who is directly familiar with all the ins and outs of construction law, has a comprehensive understanding of your specific case and all its details, and can provide you with top notch professional representation from the onset of your case to its final resolution. If you have been injured on a construction site, then the time is now to contact one of our highly reputable New York Construction Accident Attorneys for a free consultation and learn just what options you have and what your next step should be. "For a free consultation to explore your legal options call the attorneys at Popick & Rutman today" (718) 321-7460 and also visit our website.

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What Should I Do If I Think a Nursing Home is Acting Negligently?

It can be a very sad time in our lives when we have to put our elderly parent or parents into a nursing home. For many people, this is supposed to provide them with peace of mind to know that their loved one is in the hands of trained, compassionate professionals who will be there to give love, care and attention to a loved one as needed. It is challenging in and of itself to turn around and leave a loved one in a nursing home, but how devastating it is to witness firsthand that your loved one or another elderly resident is being abused while in the nursing home.

If you witness abusive acts against your loved one or any other resident there are a few important steps you must take. To begin with, make certain to document all that you have seen occur, for each incident you have witnessed. Be certain to include as many details as you possibly can and write down the actions and incidents as specifically as possible. Include patient names, their room numbers, what acts of abuse or neglect you witnessed and the dates and times of the actual incidents.

Next, you want to be certain to get and write down all the names of staff members that were on duty at the time on the floor where the abuse or neglect took place and the names of their managers, supervisors and administrators as well. These individuals will be very important to your case, whether or not they were involved in the actual neglect or abuse. If the abuse occurred to someone other than your own loved one, try to reach out to a family member or friend of the abused elder and advise them of what you saw and any details you can provide to them.

Additionally, if it is not your loved one that has been violated, it would be a good thing to reach out to the resident that has been abused and make conversation with them inquiring if there is anything that they might need in your efforts to obtain additional information about the neglect or abuse and perhaps even find out how long it has been going on. Anything you can find out from the resident will obviously be helpful to their family members when they give attention to the matter.

Finally, one last important step you should take is to make a phone call to the appropriate state organization to report the alleged abuse and neglect so that a thorough professional investigation can then be performed. Engaging in this communication is essential to your own family member’s health and safety or the health and safety of any other resident you witnessed being abused or neglected.

Regardless of the results of the investigation, it is important that you notify the state of your concerns. Make your 'in good faith’ report as soon as possible. Even if you feel a bit unsure or uncomfortable about filing the report, do not hesitate to make your report since you may very well play an important part in putting a stop to the abuse and make certain that no further abuse will take place.

Whether the abuse you witnessed was to your own family member or to another resident, know how important it is that you report your findings in your efforts to help keep all nursing home residents safe and healthy and certainly free of neglect and abuse. Elderly people are in need and your dedicated acts of concern can certainly help make their innocent elder lives safer, healthier and happier.

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How To Protect Your Legal Rights After An Accident

Protecting your legal rights after an injury can be a difficult thing. Your emotions may be running high during this time, especially if you're involved in a slip-and-fall, a car crash or something similar. Our bodies are easily confused when we enter fight or flight mode with adrenaline running through our systems. What you do and say after an injury is truly important if you wish to stay within the legal boundaries of protection. Here are the steps to take if u r injured to protect your legal rights:

Step 1. Stay Where You Are

Remain at the scene of the car accident or injury scene. Your first priority should be to gather identity information and any insurance details for you and anyone involved in the accident. Call the police and let them know that you're injured and need help. If you can, take note of any bystanders or witnesses and take down their name and contact information.

Step 2. Check For Serious Injuries

Slowly check and see if you can move. Do a visual inspection and see where you're hurt. Do a scan of the site and see if there are other people injured or in need of medical attention.

Step 3. Cooperate Fully With The Authorities

Police may or may not arrive at the scene of the accident, but it helps to fully cooperate with them if they come. You may call 911 if you experience a significant work or at-home injury. You should understand your surroundings when cooperating with the law enforcement people. It is important that you take a neutral stance and not commit to any fault. Injuries may not appear after some time has elapsed following the aftermath of the accident.

Step 4. Document All Evidence

Take out your phone and start taking evidence with your phone's built in camera. Take pictures of the scene, of the people involved and the things that caused the injury. You should take visual and mental evidence of the property damage and the car positions if involved in a car crash.

Step 5. Get Proper Medical Attention

Get the proper medical attention you need after suffering an injury or an accident. Remember that your well-being is on the line. This is also important for when you're filing for insurance claims. Do this as soon as you can, because any delay can give your insurance company reason to challenge any claims filed later.

Step 6. Call A Personal Injury Lawyer

A personal injury attorney is one of the best weapons you can have when you want to protect your legal rights after an accident. They can give guidance on what to do and how to deal with the proceedings of insurance companies. A personal injury lawyer can also help you with your case to give you a better chance for successfully filing for compensation.

Step 7. Call Your Insurance Agent

Notify your insurance agent about the injury that happened. It is important that you remain neutral and not admit fault. In cases where other people are involved, have their insurance adjusters contact your personal injury lawyer and have them take over from there.

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Can You Sue a Doctor for Emotional Distress?

During patient diagnosis and treatment, a doctor might make a mistake. Such a mistake might not necessarily result in a physical injury. For instance, a misdiagnosis can be emotionally traumatic, while patient mistreatment can be psychologically damaging. Such injurious acts by health professionals, whether carried out intentionally or negligently, can make you suffer from mental stress and anguish, but can you sue a doctor for emotional distress? Here's a look:

Suing for Emotional Distress

Emotional distress lawsuits can be tricky to win especially when their is no tangible evidence of suffering from the plaintiff. For such cases, it is hard to prove unless the plaintiff is convincing, backed by evidence, that the conduct of the defendant was extreme and outrageous. Lawsuits falling under the category of emotional distress are split into two different types:

Negligent Infliction of Emotional Distress: Under this category, the plaintiff must have suffered some emotional or mental suffering due to the extreme experience. The psychological distress may include issues such as panic, self-guilt, anxiety, depression, and suicidal thoughts.

Intentional Infliction of Emotional Distress: Here, the plaintiff suffers from severe emotional suffering as a result of the doctor's outrageous or extreme conduct. The actions of the plaintiff must have been intentional or carried out recklessly.

For claims based on negligence, the cases might be barred in various states based on the presence or lack of physical injury. Some states don't allow emotional distress claims particularly in cases where the suffering is a direct result of physical injury. Conversely, other states require the plaintiff to demonstrate or show evidence of the physical harm suffered or illness that has resulted from the emotional distress. And other states limit NIED claims strictly to emotional distress that is experienced directly or as a bystander within a region of physical danger.

When it comes to the second emotional distress claims based on intentional conduct, it all depends on how the terms are defined. First, it has to be determined whether the conduct of the medical practitioner was outrageous or extreme. Secondly, it has to be determined if the defendant's acts were intentional or reckless. Finally, you will be required to clarify whether the emotional distress was severe.

Proving Emotional Distress Claims

Having a solid prove of the elements of an emotional distress claim can be challenging. As the plaintiff, you are required to obtain a medical report an orthopedists or psychologists detailing the physical or emotional injuries suffered. To prove emotional distress, you need to show that the mental anguish was intense and lengthy. As well, the more severe or violent the underlying conduct was, the more likely you'll be able to link your distress to that conduct.

Due to the technicalities involved in the emotional distress lawsuits, it is advisable to seek the services of an experienced personal injury attorney. http://popickrutman.com/ contact us 718-321-7460

Common Surgical Errors: When To Sue For Injuries

Common Surgical Errors: When To Sue For Injuries  

Believe it or not, the most common surgical errors happen not on the most complex of operations, but on the most-performed procedures. Even when the surgery itself is successful, a lot can happen post-procedure. Medical negligence and other factors can lead to long-lasting health concerns for the patient.

How does one know when to sue for damages when medical surgical malpractices occur? Here's some common surgical errors: when to sue for injuries:

1. Nerve Damage

Your surgeon could have been focused on bringing you back to optimal health, but chances are he or she could be opening up a whole slew of medical problems. Scalpels are razor sharp and can cause incorrect incisions where the operation is occurring. It can lead to nerve damage and punctured lungs, which can lead to disability, constant pain and suffering.

2. Administering Anesthesia Incorrectly

Anesthesia is used in many surgical procedures, but some of the most common errors involve mix-ups, which can have potentially fatal effects. Too much anesthesia, and the patient may be left with too little oxygen to function. This can cause brain damage and eventually, death. Too little anesthesia, and the patient could be awake the entire time and experience extreme pain.

3. Wrong Side Surgery

You may not believe it, but wrong side surgery happens frequently each year in hospitals all over the United States. A procedure where a patient had his healthy kidney removed, while the diseased kidney was left to fester in the body happened just recently. In one hospital, a man had a wrong leg amputated by a careless doctor.

4. Wrong Patient Surgery

There were cases where doctors incorrectly operated for the wrong procedure. Errors like this are caused by poor hospital protocol, general lack of communication between the patient and surgeon and an absence of pre-operative verification. The usual cases include removal of perfectly healthy organs and when patients don't get the surgery they were admitted for.

5. Foreign Object Infection

Would you believe that doctors can sometimes forget and leave clamps, gauze or scalpels in the patient's body after a successful operation? This could potentially result in severe bodily infections, excruciating pain and can even be fatal for the patient. This can certainly be prevented with a standard material checklist.

Mistakes are understandable because we are only human, but in cases where life and death are on the line, the surgeons must be held accountable. If you have been a victim of a surgical error, then it is within your right to sue for damages. Call an experienced medical malpractice lawyer who can help you with your right to be compensated for your suffering, pain or loss of income.

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So, you are wondering what are the differences between a personal injury and worker's compensation case.

So, you are wondering what are the differences between a personal injury and worker's compensation case. In this post, we have set forth a few main differences between these two types of options.

1. A personal injury claim is based on fault

One of the biggest differences between these two types of cases is that a personal injury claim is based on fault while a worker's compensation case isn't. Let's take a slip and fall case as an example. For the victim to be able to win the personal injury case and recover damages, they must prove in the court that the incident is due to the negligence of the owner to maintain their property. Meanwhile, with worker's compensation claim, they need not prove that their co-worker or employer committed a negligence to be able to get compensation benefits. Furthermore, even if the victim’s own negligence is the main cause of the injury while at work, they will still be entitled to receive compensation benefits.

2. With worker's compensation case, the victim cannot sue their co-worker or employer

Laws that cover worker's compensation case state that workers who were injured while doing their job would get their medical bills paid and would get benefits every week. However, they cannot sue their co-workers or employers for negligence. On top of that, they will also lose the right to collect damages for their pain and suffering. On the other hand, in personal injury claims, the victim has the chance to recover different damages. Some of these damages include medical bills, pain and suffering, lost earnings, loss of enjoyment of life, and more.

3. Financial responsibility

In a personal injury case, the employer or co-worker may be covered by insurance policies, such as an automotive insurance policy or business insurance policy. In a few cases, however, they may need to pay for the damages. In the meantime, in a worker's compensation case, the benefits will be paid by the employer's insurance company.

4. The process of pursuing the case

With worker's compensation, the victim and their lawyer may file a claim in the employer's insurance company. They may need to follow a few protocols, though, such as reporting the injury to the supervisor within a specific period of time. They may also need to be examined by the company's physician. With a personal injury claim, however, the victim may need to file a claim through the employer's insurance company. Their lawyer may negotiate for the claim. However, if the claim is denied, they may file a lawsuit against the defendant.

If you are among those people who have suffered a work-related injury, you have to consult a lawyer today to learn more about your rights and your options.

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What Is Medical Malpractice in New York?

Many people have suffered injuries and even death at the hands of their doctor’s misconduct or judgment errors. If you find this has happened to you, then you may very well be entitled to file a medical malpractice claim. If your malpractice act has taken place in New York then surely you want to have some understanding of the New York malpractice laws before you even think about filing a claim. Performing appropriate due diligence on the New York laws will be beneficial to your claim, but more often than not, contracting the services of a professional New York malpractice lawyer is not only necessary but very practical as well.

To begin with, let’s define medical malpractice and standard of care. Medical malpractice occurs when a doctor or medical provider of any type, violates the typical standard of care, resulting in either injury or even death to a patient. Standard of care is a standard method of care that a doctor or other healthcare provider should provide to an individual patient suffering from a specific illness or condition. Obviously, depending upon a patient’s condition, age and ailment, the exact standard of care will vary.

When bringing a malpractice claim it is mandatory to not only prove that a doctor deviated from the standard of care, but that the very deviation was the sole source of your injury or death. Relying upon the professional opinions and facts presented by medical expert witnesses is key to proving both these facts.  It is important to know that there is a limitation of time within which you can file a medical malpractice claim. This time limit is known as the statute of limitations and will vary from state to state. In New York, individuals have up to 2 years and 6 months to file their medical malpractice claim. If you do not file it within this time frame then you can no longer make a claim for any damages or losses.

You may ask - when does the statute of limitations begin to run? The statute begins to run from the point where your doctor began treatment or surgery that resulted in your injury. From that point forward, you have 2 years and 6 months in New York to file your claim. Because there are so many limits that come into play with any medical malpractice claim in New York, including limits that exist on damages that a patient can seek as a result of their injuries, it is imperative that patients engage the services of a professional medical malpractice attorney to provide them with proper representation of the facts.

As is the case in any lawsuit or legal matter, the restrictions, guidelines, and limitations are many. Therefore, hiring a professional medical malpractice attorney to represent you and present your case to the court, is both necessary and beneficial to your cause and is apt to result in greater monetary rewards as well as personal satisfaction when all is said and done. Your quality of life is essential to your happiness and if you have suffered at the hands of your doctor’s errors or misconduct, then take time out now to research and hire a reputable New York attorney who is sure to make all the difference when it comes time to pleading your malpractice case.

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Is Texting to Blame for Rise in Traffic Deaths?

Recent studies have revealed that the increase in fatalities in the country this past year can be contributed to texting and other smartphone apps. Though seat belts not being worn, speeding, and drunk driving contributed to a vast number of the fatalities, the statistics and the opinions of safety officials cite texting and smartphone apps as the biggest culprits.

The studies performed by the National Safety Council have revealed that the increase in fatalities this past year reached 6%. The Council also revealed that motor vehicle deaths last year are the highest in the country over the past nine years. Safety officials cite the following reasons for the increase in fatalities over the past year. First and foremost, they are laying blame with texting and other smartphone apps. Though the study indicates that texting has been an issue for more than two years, it appears that many people have become lenient and careless with their texting habits and behavior patterns thereby contributing to the increased number of deaths resulting from texting of late.

In addition to texting, the studies revealed that talking on the phone as opposed to texting, is a tremendous distraction and certainly has played a significant role in the increased death statistics over the past year as well. Is it any wonder that the National Safety Council is now seeking a full ban on the use of cell phones whether typical talking on a phone, hands free calling and talking or texting of any kind.

Yet another primary factor in the increased fatality numbers has been that of speeding. As we all know, speed can surely cause serious injuries and yes, even death. These same studies indicated that driving at excess speeds did, in fact, contribute to a large number of deaths over the past year as did driving drunk while speeding as well. In addition, the lack of seat belt laws in many states has also played a significant role in the number of deaths on the roads and highways in 2016. Many states do not require the use of seat belts in both front and back seats while in other states the seat belt laws are secondary to another offense. We all know that wearing seat belts saves lives, but if there is no law in place, making the use of seat belts mandatory, then surely the number of deaths that can and will occur when not wearing seat belts is apt to be increased.

Overall, there have been many studies conducted that have confirmed that the increase in traffic deaths is definitely the result of multiple elements, with one of the greatest culprits being that of hand texting. Let’s face it. When you receive a text message and choose to read it, surely your eyes are taken off the road for at least a good few seconds. Should you decide to respond to that text then your typed response keeps you occupied and your eyes off of the road for yet an additional 7-10 seconds. It’s clear to see how deaths can occur when texting while driving.

As for voice texting, surely it is much safer than that of texting by hand, but still is remarkably distracting as well. Bottom line – don’t text and drive because the potential results can most assuredly be fatal as has been the case for an increased number of drivers and even innocent pedestrians over the past year. Texting while driving is without a doubt the number one culprit for many fatalities over the past year and is sure to continue to play a significant role in the number of deaths in the years ahead. Be practical, be safe, be alive – don’t text and drive!!!

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Suing for Truck Accidents in New York State

If ever you find yourself involved in an accident in New York with a commercial truck then rest assured you want to make certain that the attorney you hire specializes in, and is highly experienced in litigation specific to commercial truck accidents. A truck accident occurring in New York cannot be handled or litigated in the same fashion as a typical vehicle accident. Though the similarities between the two types of litigation are many, commercial truck accidents are subjected to far more safety rules, including the Federal Motor Carrier Safety Regulations, which is a specialized set of rules on safety that apply only to commercial trucks and not to other vehicles.

With that said, hiring a New York attorney who is experienced in commercial truck litigation and highly familiar and knowledgeable in the Federal Motor Carrier Safety Regulations is mandatory to your defense. Fighting with commercial truck insurance carriers is a challenge in and of itself, which is why a savvy, hard to manipulate New York commercial truck lawyer is a must have for anyone involved in these types of truck accidents. A highly experienced attorney knows the ins and outs of litigating against the negligent truck driver along with the employer and the owner of the commercial truck and will surely be able to represent your case and the facts effectively.

Rules that Apply to Commercial Truck Drivers

One of the most important safety rules that must be adhered to for commercial truck drivers is the simple fact that they must be over the age of 21. Further, all commercial truck drivers must pass a physical exam, and obtain a special CDL (commercial driver’s license). Once you have complied with these requirements, it is further required that every commercial truck driver maintain a log in their truck with a history of, at minimum, the previous eight days activities. Finally, all commercial truck drivers must abide by the strict limitations regarding the number of consecutive hours that they are allowed to drive.

At the end of the day, commercial trucks are subjected to far more safety requirements than typical vehicles simply because not only is it much harder for a commercial truck to stop quickly, but it is extremely difficult for commercial trucks to take appropriate measures to avoid an accident altogether. The size and weight of a commercial truck presents with far more dangers as well and the extent of the harm they can cause is quite excessive and can even be fatal.

If you or anyone you love has been involved in a commercial truck accident in New York then surely you want to engage the services of a highly skilled and educated commercial truck accident attorney. When the time comes to present your case to a jury, rest assured you want the very best attorney representing you and one that will ensure you are fairly compensated for your injuries as well as all your losses. Take ample time to perform your own due diligence before choosing a commercial truck accident attorney to stand in your corner!
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New Proposal to Prevent Bicycle Accidents on Fifth Ave in New York

Forever and always bicyclists travelling on Fifth Avenue in New York have had to deal with speeding traffic, weaving in and out of double parked cars and other safety issues as well. Surely anyone can understand how dangerous this can be, but until now there were no special precautions, or actions put in place to protect these New York bicyclists, until recently when the NY DOT has finally given a great deal of attention to the safety issues at hand.  

The New York DOT has now set forth a plan to upgrade and install a protected bicycle lane as a safety measure to protect bicyclists travelling along Fifth Avenue, between 23rd Street and 8th Avenue in Manhattan. Over the years, statistics have revealed that Fifth Avenue is home to far more bicycle traffic than any of the other Manhattan avenues. However, the current bike lane on Fifth Avenue between 23rd Street and 8th Avenue is always compromised by double parked cars which ultimately causes bicyclists to have to combat heavy traffic in their efforts to get around it. By engaging in these compromising acts, bicyclists find themselves exposed to tremendous risks of being hit by a moving vehicle. Pedestrians also find themselves victim to these same risks.

With that said, it makes perfect sense that there is an extreme need for the recently proposed bike lane to protect bicyclists. The primary objective of the newly proposed project is to better protect bicyclists from the many bicycle accidents that have occurred over the years, and continue to occur today on Fifth Avenue. The proposal gives primary focus to preventing bicycle accidents and will also contribute to a decreased number of pedestrian accidents as well.

With the flipping of the bike lane and the parking lane, the DOT also proposes that two split phase signals be installed along with the installation of painted concrete pedestrian islands as well. Further, the DOT has included in their proposal a request to add both loading and unloading areas which would most assuredly avoid double parking altogether.

The proposal was well received and fully endorsed and will be presented later in the month, with voting completion anticipated to take place by the 23rd of this month at the Scholastic Building on Broadway. In years past, both bicyclists and pedestrian representatives have petitioned the improvement of overall street safety on Fifth Avenue suggesting a completely new redesign and a thorough remodeling of both Fifth and Sixth Avenues. Today the DOT has finally set forth a new proposal to prevent bicycle accidents on Fifth Ave in New York and provide for the safety of both bicyclists and pedestrians alike.

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Preparing your Home to Avoid Slips and Falls

Winter weather conditions certainly contribute to the number of slip and fall accidents that can happen at your home. Every homeowner fears the unfortunate slip and fall accident than can happen on their property knowing full well how costly and upsetting it can ultimately turn out to be. With the excessive amounts of snowfall, the frigid below freezing temperatures and accumulating ice, homeowners have to give primary focus to the proper maintenance of their sidewalks, driveways and property in general during the winter season.

Statistics tell us that there are more than 300,000 serious injuries from slip and falls at homes each year from snow and ice and near to 20,000 deaths as well. So taking necessary steps to prepare your home to be safe during the winter weather is essential to every homeowner. You can reduce the risks of slip and falls and serious injuries with just a little bit of know how and some very practical insight.

Steps to ensure the safety of your home are not only practical, but simple as well. Prep the areas around the entrance ways of your home by placing skid resistant mats near the entrances which will allow your guests to dry their shoes properly. Make certain that those entering your home clear the bottom of their feet of any accumulated ice or snow so as to avoid a fall. Also, be certain to keep the floors in your entranceways dry at all times.

As for the outside of your home, always clear the walkways and treat the surface of your walkways, sidewalks, and driveways with salt or sand to prevent falls as well. Your porch and steps should be a part of this sanding or salting process as well since they can become quite slick in the cold months.

Always shovel your sidewalks and pathways immediately following a storm and apply salt or sand thereafter. You want to prevent any ice from forming as a result of compacted snow or snow that melts and refreezes. Salt is one of the best materials you can use on your property to avoid slip and falls since it works in all types of temperatures and lowers the freezing point of water. Sand does not melt the ice, but will definitely provide much needed traction.

Finally, adjust any downspouts so water flows away from your pathways. Any water that is allowed to pool will quickly turn into icy patches that will most assuredly lead to unwanted slips and falls, and always make certain that there is adequate lighting both indoors and outdoors which will certainly contribute to fewer slips and falls at your home in the dangerous winter months.

What to Look for When Choosing a Personal Injury Attorney

What to Look for When Choosing a Personal Injury Attorney

Choosing a personal injury attorney can be quite a challenge and yes, quite confusing and frustrating as well. With so many personal injury attorneys available for hire today it can be quite overwhelming for any one person to determine which attorney is best suited to their individual needs. There are personal injury attorneys all across the country that have their names and faces displayed on billboards and even on buses and other forms of advertising resources, while others spend little to no money on advertising at all. We can all agree that attorneys truly come in all types, sizes, professional levels and shapes, which is why it can be so challenging to choose the perfect personal injury attorney for your specific case.

When you've been injured, choosing the right attorney can be overwhelming. One of the most important components you want to look for in an attorney is that of trust. You want to be able to put your full trust in your attorney and not have to wonder or second guess their advice or activities. So choosing an attorney you are not only comfortable with, but find to be trustworthy is half the battle for you.

Further, you want to perform your own due diligence to ensure that your attorney of choice is a member in good standing of both their local and state bar associations. It is also a good idea to take a peek at their attorney standings as well, which will help you to recognize both their skill and reputation. Local bar associations will be helpful in this aspect.

Continuing on with the process, you want to refer to the number of years of experience the attorney has. Keep in mind those that have been in practice for many years probably have a heavy caseload and may not give you the attention you want or need. An attorney who has not been in practice long at all may also fall short of your individual needs, but more often than not will be anxious to establish themselves, which means that they will probably spend a whole lot of time on your case and do whatever it takes to get a favorable settlement and/or a win for you. Chances are they are going to fight super hard for you and your case.

One final category that comes into play when helping you to choose your ideal attorney is that of credentials. Many people are of the mindset that if an attorney graduates at the top of their class, or perhaps graduates from an Ivy League School then they are a shoe in for the job. This is not always the case. If an attorney lacks negotiating skills and confidence their high graduating status will have no positive bearing on the results of your case.

In your quest to hire the perfect attorney, you may find that some attorneys simply do not want to take your case. However, the attorney that elects to represent you has the ultimate responsibility to protect your interest no matter what it takes. If you are unable to settle your case and it has to go to trial you want to be certain your attorney is prepared to do just that.

What to Do If Your Motor Vehicle Skids into Another Vehicle or Person

Choosing a personal injury attorney can be quite a challenge and yes, quite confusing and frustrating as well. With so many personal injury attorneys available for hire today it can be quite overwhelming for any one person to determine which attorney is best suited to their individual needs. There are personal injury attorneys all across the country that have their names and faces displayed on billboards and even on buses and other forms of advertising resources, while others spend little to no money on advertising at all. We can all agree that attorneys truly come in all types, sizes, professional levels and shapes, which is why it can be so challenging to choose the perfect personal injury attorney for your specific case.

When you've been injured, choosing the right attorney can be overwhelming. One of the most important components you want to look for in an attorney is that of trust. You want to be able to put your full trust in your attorney and not have to wonder or second guess their advice or activities. So choosing an attorney you are not only comfortable with, but find to be trustworthy is half the battle for you.

Further, you want to perform your own due diligence to ensure that your attorney of choice is a member in good standing of both their local and state bar associations. It is also a good idea to take a peek at their attorney standings as well, which will help you to recognize both their skill and reputation. Local bar associations will be helpful in this aspect.

Continuing on with the process, you want to refer to the number of years of experience the attorney has. Keep in mind those that have been in practice for many years probably have a heavy caseload and may not give you the attention you want or need. An attorney who has not been in practice long at all may also fall short of your individual needs, but more often than not will be anxious to establish themselves, which means that they will probably spend a whole lot of time on your case and do whatever it takes to get a favorable settlement and/or a win for you. Chances are they are going to fight super hard for you and your case.

One final category that comes into play when helping you to choose your ideal attorney is that of credentials. Many people are of the mindset that if an attorney graduates at the top of their class, or perhaps graduates from an Ivy League School then they are a shoe in for the job. This is not always the case. If an attorney lacks negotiating skills and confidence their high graduating status will have no positive bearing on the results of your case.

In your quest to hire the perfect attorney, you may find that some attorneys simply do not want to take your case. However, the attorney that elects to represent you has the ultimate responsibility to protect your interest no matter what it takes. If you are unable to settle your case and it has to go to trial you want to be certain your attorney is prepared to do just that.

Winter Cautions - What to do if you Fall on the Ice

Slip and fall accidents are quite common, but surely in the winter they are more abundant. They are troubling because they can occur anywhere, at any time, to anyone. Though the weather conditions need not be snowy, slippery or icy to cause slip and fall accidents, these very conditions are frequently the culprits behind many a slip and fall incident. Slip and falls happen all the time and more than likely when they occur, they are not typically the fault of the "fall victim.” More times than not the fault will lie with the property owner where the fall occurred.

Property owners in New York State, whether owning buildings, parking lots, homes, walkways, or business establishments must adhere to a specific level of safety for those people who travel on their property. When a slip and fall occurs as a result of a property owner’s negligent care of their property, victims are many times entitled to compensation for their injuries, medical bills, and even for their loss of work. If you are involved in a slip and fall, it’s best to know the steps you need to take to protect yourself and your family.

Important Steps To Take

If you slip or fall, first and foremost, giving attention to your health is your number one priority. Obtain medical attention immediately if you have been injured so as to receive care for your injuries as needed and to have documentation of your accident and injuries should you decide to seek compensation for your incurred medical bills and expenses.

Next, make certain you report your slip and fall to the property owner, whether a business establishment, a family or friend’s house, or even a landlord. You want to make certain they file an appropriate report of the accident and provide you with a copy of that report. When reporting the incident always remain calm and at ease and limit your communications with the property owner once you have reported the incident. Be certain to gather pertinent information at this time such as names, phone numbers and even addresses of any individuals that may have witnessed the incident. Also collecting the name, address and phone numbers of the property owner should be accomplished at this time as well.

The next important step is that of taking photographs of the accident site in order to document the exact location and conditions of the property at the time of your fall. If weather played a factor, make certain that your photos display the weather conditions clearly as well. Log down the date, and time of your accident as well. Each is critical to your case should you decide to move forward with a claim. Remember weather conditions and other evidence that were present at the time of your accident can disappear over time, so your photos will surely be an important component of your potential claim.

Your final step following the incident is to contact an attorney, especially if you think there is a likelihood that you will be filing a legal action. Spend a bit of time performing your own due diligence when choosing your attorney. Hiring an attorney experienced in slip and falls is not only practical, but will indeed be beneficial to you in the long run.

The right law firm should have the experience, expertise and professional team and resources that will contribute to your successful slip and fall case. You don’t want to be accountable for medical bills or even the loss of your income because of somebody else’s negligence. Getting the appropriate consultation, legal advice and legal representation are key to winning your slip and fall case and to your overall health and well-being. At Popick & Rutman we offer professional consultations call us at (718) 321-7460or visit our website http://popickrutman.com/