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.