test containers and elements2018-08-29T10:36:48+00:00
Why are Stretch Limos ‘unsafe’?2018-10-16T17:27:44+00:00

After the tragic limousine accident on October 7th, resulting in the death of 20 people in upstate New York, the safety of stretch limos have come to the forefront. This is especially so, following the limousine accident 3 years prior where 4 women, including a bride-to-be, died. So what is it about stretch limousines that render them a potential safety hazard?

Here are some safety concerns pertaining to stretch limousines:

  1. Many stretch limousines are not originally manufactured as stretch limousines– they are instead cars that have been modified to become limousines. The front and rear of the original car is first removed. The body of the car is then extended. The front and rear is then added to the extended body. This modification is not done through the manufacturer but rather by a third party company that has acquired the car sometime down the line. The process that the original car had to go through before being released for purchase (crash experiments, tests, etc) no longer ensure the safety of the limousine since the dimensions of the original car has drastically changed. The stretch limousine that crashed, killing 20 people on October 7th, was a 2001 Ford Excursion meant to sit 9 people. Nearly 20 years later, it seated 18.
  2. When modified, many safety features are removed/no longer apply- When ‘stretching’ a car, features such as side roller over pillars and even airbags are removed, or are no longer able to offer protection.
  3. There are not enough seat belts for each passenger- in addition, because of the culture of drinking and having ‘fun’ in the limousine, people tend to not want to put on seat belts. Seat belts are often seen as ‘too restrictive’ in such a setting. This creates a huge hazard should an accident occur
How Much Should I Sue For?2018-09-03T14:16:30+00:00

Attorneys always sue for much more than they are likely to settle for, as they want to keep the stakes high with the threat of a potential jury verdict.  So the answer to the question, “How much should I sue for?” is “some ridiculous arbitrary amount that is much more than your case is actually worth.”  That’s why people hit the ceiling when they are served with a summons and complaint after a fender bender and see that they are being sued for $50,000,000! When people ask how much they should sue for, what they really want to know is how much their case is worth.  That’s a complicated analysis that usually requires the assistance of an attorney, as there are many factors to consider.  That would seem simple, except that ethical attorney loathe to make promises about outcomes for their clients, and sometimes judges and juries do not live up to their expectations.  Here are some factors to consider to understand how much it might be reasonable to collect in damage (a money judgment or settlement) for an injury case.

INSURANCE COVERAGE

The most important limitation on how much money can be collected in a lawsuit is the amount of insurance coverage.  A lawsuit is not limited by the amount of insurance coverage, but as a practical matter is it not generally possible to collect more money than the applicable insurance coverage.  So when an attorney (and he shouldn’t be doing this) makes any promise about how much a case is worth, you should always ask how much insurance coverage there is.  For automobile accidents, the minimum coverage required in New York is 25/50, which covered $25,000 dollars for an individual claimant and $50,000 per incident.  This is the minimum amount required, but many drivers carry more, especially if they own their residence.  Taxis must have 100/300 coverage and commercial vehicles can sometimes have upward of a million dollars in coverage.

LIABILITY

Once it’s established how much coverage is available, the next step is to analyze the negligence claim itself.  This is easy if you were hit in the rear by a drunk texting driver that is clearly 100% at fault.  An intersection collision is more complicated, as you and the other driver may have different stories to tell.  There are usually no witnesses to traffic accidents and it is quite common to see police reports that have both drivers claiming the other driver went through the light.  It is very difficult to prove who actually went through the light – it might require retaining very expensive accident reconstruction experts, which would not be worth it unless the injuries sustained are very severe.  For slip and falls, it is necessary to prove “notice” of the which can be “reasonable” or “actual” dependent on who is being sued.  Reasonable notice means that the property owner “knew or should have known about the dangerous condition.”  For example, when you slip and fall on water in a supermarket, it is often very difficult to prove reasonable notice because it’s impossible to know how long the water was on the floor before you fell.  It could have been dropped by another patron moments before you fell, and it would not be reasonable to expect a store to notice things this quickly.  This is a difficult pill to swallow for claimants that are seriously injured in such falls, that the amount of recovery for settlement can be much less than they expected for their injuries because of the settlement “discount” for the difficulty of proving notice.  Attorneys do not want to litigate cases with a “notice problem,” because the case could be dismissed!  These are many other examples, but it’s important to remember that how strong the claim for negligence is will impact the value of the case overall.

INJURIES

The value of an injury depends to a large extent on how well it heals.  Sometimes there are injuries that are very painful for the first couple of weeks, but heal completely.  With that happens, and there is little to no lost time from work, the value of the case is small, even if the person was hit in the rear by a drunk driver!  On the other hand, some injuries will take longer to heal and will result in a great deal of time lost from work, and may be worth more than what would be expected for that type of injuries.  The “egg shell” skull theory that attorneys learn about in law school, explains that when somebody has a pre-existing condition that makes the injuries heal more slowly, the negligent person is responsible for these damages.  Even with fractures and surgery, most cases are not worth more than several hundred thousand dollars.  For catastrophic injuries, such as blindness or paralysis, the damages can be in the millions.

I hope this FAQ answer gives you some good questions to ask your lawyer!

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When you’ve injured in a car accident – don’t refuse the ambulance!

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Justice is Sweet – How a Personal Injury Attorney Can Help You

HOW A NYC PERSONAL INJURY ATTORNEY CAN HELP YOU For many people, Personal Injury Attorneys are their lifesavers. They can help people who have suffered loss, accidents, or injuries an opportunity to rebuild their lives. When hard-working people are injured by the negligence, recklessness, malpractice or deliberate errors of others, personal injury lawyers work with the victims to obtain compensation and that can cover medical expenses, disability, lost wages, defamation, emotional distress, expenses and suffering. Personal injury attorneys also protect clients from being victimized by insurance companies and the legal system. Accidents in the workplace are just one type of loss that personal injury attorneys are able to assist with, but everything from automobile accidents to dog bites and dental malpractice to a nasty fall could [...]

My x-rays at the Emergency Room were normal, does that mean I don’t have a serious injury?2018-09-02T14:06:06+00:00

Not all serious injuries show up on X-rays, and a follow-up with a specialist, including testing such as an MRI might indeed show a serious injury.

Section 5102(d) of the New York State Insurance Law gives guidance for what is legally considered a “serious injury.”

  1. Death
  2. Dismemberment
  3. Significant disfigurement
  4. Fracture
  5. Loss of a fetus
  6. A permanent loss of use of a body organ, member, function or system
  7. A permanent consequential limitation of use of a body organ or member
  8. A significant limitation of use of a body function or system
  9. A “medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.”

In order to make a claim for pain and suffering in New York, an injured person must legally prove that they have a serious.  Let’s look at each of the categories:

  1. When somebody is killed in an accident, they will have a “wrongful death” claim, with its own rules and regulations.
  2. Dismemberment is when a part of the body is lost, such as losing a finger or arm.  This is obviously “serious.”
  3. Significant disfigurement can take many forms, but often it is a scar in a prominent place.  This can happen when a laceration does not heal well, and is an injury that might not show up on an x-ray.
  4. Fractures show up on X-rays and even the smallest fracture will meet the “serious injury” threshold.
  5. It must be proven that the loss of the fetus was caused by the accident, and did not happen spontaneously or for some other reason.
  6. This item can apply to a serious “soft-tissue” back injury, neck injury or other injuries that cause a permanent loss of use of a body part – such an nerve damage that causes paralysis, which might not show up on an x-ray.
  7. When a body part sustains a permanent “limited range of motion,” it is considered a serious injury.
  8. Very similar to number 7, but referring to different parts of the body
  9. When a person loses time from work or other activities for 90 days during the first 180 days after an accident, it is considered a “serious injury” even if there is a full recovery.

If you are feeling pain after an accident, you should see a doctor for a follow-up and consult a personal injury attorney, even if all your x-rays at the emergency room are negative.

Limousines- Luxury Travel or Death Traps?

LIMOUSINES- LUXURY TRAVEL OR DEATH TRAPS? Many kids grow up dreaming that one day they would be rich and famous, traveling to red carpets in a limousine.  News of a limousine crash, leaving 20 people dead in its wake, is leaving us wondering how something so horrific could happen in a luxury vehicle.  On October 7th, a family hired a limousine to safely take them drinking at an Upstate New York Brewery. What seemed like a smart and sensible decision led to the deaths of 20 people.  How could something like this happen? Cheap Limousines Can be “Frankenstein” Monsters Surprisingly, many stretch limos weren’t originally manufactured to be limousines. An SUV, Station-wagon or other vehicle is sometimes literally “cut in half,” with the front and [...]

When you’ve injured in a car accident – don’t refuse the ambulance!

The other day a client called, telling me that she was very nervous about what to do because she just had a car accident. She said that she had the green light, but the woman that blasted through a red light, lied to the police, and the police report says that the accident is a "question of lights." She said she had a witness, a pedestrian, that had to jump out of the way as that woman sped through a red light. She said she was hurt and so was her mother. I told her she should come in right away. She said she was busy and could not come in until next Tuesday. By the time they came in, the case was already severely [...]

Children Bullied at School – There IS Something You Can Do About it!

CHILDREN BULLIED AT SCHOOL HAVE RIGHTS When I was a child, bullying at school was rampant, and there wasn't much that could be done about it.  When parents complained that their child was being bullied at school, there were told things like "boys will be boys," and that they should teach their child to be more assertive to deal with bullies.  We know now that bullying can lead to depression and even suicide, and there are now laws that protect children from this fate.  In other words, children bullied at school now have rights.  The U.S. Department of Health and human services defines bullying as "unwanted, aggressive behavior among school-aged children," and it must involve "a real or perceived power imbalance."  It must be [...]

SPINAL CORD INJURIES

QUEENS SPINAL CORD INJURIES ATTORNEY WITTENSTEIN & WITTENSTEIN Queens Spinal Cord Injuries Attorney knows that the back and spinal cord are complicated and important structures of bones, ligaments, muscles, joints, and nerves.  Back injuries can cause pain that is so severe that it’s difficult to move around and to enjoy normal activities. Back injuries can be caused by the following: Car accidents Truck accidents Motorcycle accidents Medical malpractice Accidents in nursing homes Workplace accidents (i.e. heavy lifting, overexertion, repetitive lifting or bending motions) If your back injury was caused by somebody else’s negligence or recklessness, you have a right to sue for compensation. It is important that you consult with an experienced Queens back injury lawyer as soon as possible to find out if your [...]

Justice is Sweet – How a Personal Injury Attorney Can Help You

HOW A NYC PERSONAL INJURY ATTORNEY CAN HELP YOU For many people, Personal Injury Attorneys are their lifesavers. They can help people who have suffered loss, accidents, or injuries an opportunity to rebuild their lives. When hard-working people are injured by the negligence, recklessness, malpractice or deliberate errors of others, personal injury lawyers work with the victims to obtain compensation and that can cover medical expenses, disability, lost wages, defamation, emotional distress, expenses and suffering. Personal injury attorneys also protect clients from being victimized by insurance companies and the legal system. Accidents in the workplace are just one type of loss that personal injury attorneys are able to assist with, but everything from automobile accidents to dog bites and dental malpractice to a nasty fall [...]

THE PRISON INDUSTRIAL COMPLEX AND IT’S IMPACT ON CHILDREN

Prison conditions in the United States have the lowest standards compared to other highly developed countries, and the neglect and abuse in the for-profit prisons is worst of all.  Most alarming is the situation at Juvenile Detention Centers, where children as young as twelve years old are held.  Thankfully, there are inmate abuse and neglect attorneys bringing cases for these children throughout the country. In 2013, The Huffington Post , in the article “Prisoners for Profit”:reported: In 2001, an 18-year-old committed to a Texas boot camp operated by one of Slattery’s previous companies, Correctional Services Corp., came down with pneumonia and pleaded to see a doctor as he struggled to breathe. Guards accused the teen of faking it and forced him to do pushups in his [...]

What If I think I’m OK After an Accident, and Realize Later That I’m Injured?2018-09-02T13:35:55+00:00

Personal Injury Attorneys call this type of scenario “delayed injuries.”  It happens all the time.  Right after the shock of an accident, and the police come to the scene and you tell them you’re fine, but then you go home and realize that everything is hurting.  Of course, it is always better for an injury lawsuit if you notice your injuries right away, but it’s not too late to seek medical treatment for “delayed injuries” at any time after the accident when you realize you were hurt.  Even though they are “delayed injuries,”  its still “the sooner the better,” so as you soon as you notice you’re hurt, you should go to the emergency room to get checked out.  Follow the instructions on the discharge sheet for follow-up and call a personal injury attorney for a consultation.  An experienced personal injury attorney will know how to make a case for your delayed injuries.

THE PRISON INDUSTRIAL COMPLEX AND IT’S IMPACT ON CHILDREN

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New York No-Fault and Serious Injury Threshold Deciphered

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Do I Need a Pediatric Malpractice Attorney?

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How Can I Make the Most Money as a Ride-Hailing Driver?2018-08-30T14:42:17+00:00

Yellow taxi drivers are suffering from competition from ride-hailing apps, and joining their ranks in droves.  Drivers for ride-hailing services don’t have to pay a fleet on a weekly or daily basis to rent a cab, but they do have to lay out substantial amounts of money to lease, clean and insure late model vehicles.  So, drivers are asking, “How can I make the most money as a ride-hailing driver?  CNBC’S Jaden Urbi suggests, “The more apps they’re on, the more money on the table.”  Ride-hailing driver/blogger Harry Campbell recommends that drivers “sign up for at least two different apps.” (Check out “The Rideshare Guy” Blog.)

Since ride-share drivers are independent contractors, they can sign up for as many apps as they want,  but fumbling between apps while driving is dangerous and can cause accidents.  But since we live in a world where there’s an “app for everything,” there’s now an app called Mystro  that is marketed as a “personal assistant for ride-share drivers and automates the process of comparing rides from different companies, turning off all the apps while a ride is in progress.  Seems like a must have for ride-share drivers!

Drivers that remain with yellow taxis are still moving into the 21st Century, accepting credit cards and using an app called Curb which hails taxis in much the same way as Uber and Lyft.   Great news for current ride-share drivers in New York City is the City’s plan to cap the amount of ride-share cars on the road, and this will also help yellow taxis from further erosion of their business.  There are long lines to sign up for new livery licenses before the cap goes into effect.  When ride-share drivers have accidents, the insurance scheme can be complicated, so they should always go to a lawyer that specializes in handling cases for taxi and rideshare drivers to make sure everything is done properly.  An experienced taxi driver attorney will keep up on all the laws and regulations that apply.

FREE CONSULTATION
NO FEE UNLESS WE WIN

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Oh No! – I Had an Accident While Driving a Taxi (Uber, Lyft, Livery)

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How Can I Make the Most Money as a Ride-Hailing Driver?

What is a Wrongful Death Lawyer?2018-08-18T19:36:26+00:00

new york wrongful death lawyer

NEW YORK WRONGFUL DEATH LAWYER

A New York wrongful death lawyer is a personal injury lawyer that has the expertise to handle cases where injuries are fatal.  It must be shown that that carelessness and reckless caused the fatality.  These cases are complicated and deadlines can be short.  If somebody you care about was lost due to negligence, you should consult with a New York wrongful death lawyer as soon as possible.  The Statute of Limitations is shorter for wrongful death claims that for other negligence actions.

New York Wrongful Death Lawyer, Wittenstein & Wittenstein, has been helping families in their time of need for over 60 years.  We are experts at obtaining the maximum amount of compensation, and will also do everything possible to make your comfortable in this time of need.  If you are facing the loss of a breadwinner, lost earnings can be paid so that the family will be able to continue paying its mortgage and other expenses.

Nobody can bring your loved one back, but financial compensation will at least enable the family to survive this crisis.  It won’t help you to wait, there are limits on filing and investigations that should be done as soon as possible.  Please feel free to call us for a free consultation.  We will answer all your questions and address all your concerns.

+718-261-8114

FREE CONSULTATION
NO FEE UNLESS WE WIN

New York Estates, Powers, and Trusts Code Part 4  specifies the elements that must be met in a wrongful death action:

  • a death,
  • caused by the wrongful conduct of the defendant,
  • giving rise to a cause of action the deceased could have pursued in court if death had not occurred
  • survival by one or more persons who have suffered a loss as the result of the death, and
  • damages the estate can recover.
Can an Inmate Sue for Abuse and Neglect?2018-08-18T14:22:42+00:00

NEW YORK INMATE ABUSE AND NEGLECT ATTORNEYNEW YORK INMATE ABUSE AND NEGLECT ATTORNEY

Yes, inmates are entitled to rights while in prison which can be asserted as claims for compensation.  A New York inmate abuse and neglect attorney can be hired to represent you.  If you have been a victim of abuse by prison staff or other prisoners, it’s worth investigating whether you have a claim.  If you have been denied proper medical care, disability accommodation, mental health treatment, you may have a compensatable claim.  You assert these rights, you will need the help of a New York inmate abuse and neglect attorney.

The United States has more people incarcerated that any other country in the World, with conditions much worse than any other developed country.  This is despite the prohibition in the United States Constitution against “cruel and unusual punishment” which prohibits abuse and neglect in prisons.  A New York inmate abuse and neglect attorney is well aware of all the laws that protect inmates and will fight for your rights.

FREE CONSULTATION

+718-261-8114

NO FEE UNLESS WE WIN

NEW YORK INMATE ABUSE AND NEGLECT ATTORNEY

The Difference Between Sexual Harassment & Sexual Assault

 The Difference Between Sexual Harassment & Sexual Assault It seems as if every time we turn on the news, there’s another accusation about sexual harassment or assault that comes up. We are living in a time where behavior that was once minimized and brushed aside is now coming to public attention. People now feel emboldened to speak up and are encouraged by movements such as ME TOO to take a stand. As more offenses come to the public sphere and terms such as sexual assault and sexual harassment gain traction, knowing the difference between each becomes increasingly difficult. Below we break down the difference.   What is Sexual Assault? When people hear the term ‘sexual assault’ [...]

Child Injury Lawyer | Laws That Protect Children

WHY THERE ARE LAWS THAT PROTECT CHILDREN We don't leave babies alone in the house because they are not able to take care of themselves at all.  As children grow and mature, they begin to display greater levels of ability and can be rewarded with greater independence.  Laws take this into account and have different protections and expectations for children of different ages.  A child injury lawyer is aware of these laws and how to apply them. EXAMPLES OF CHILD PROTECTIVE LAWS CAR SEATS A statute is a law that is passed by a legislature.  It's written down and needs to be followed precisely.  An example of a law that protects children is New York State's [...]

Do I Need a Pediatric Malpractice Attorney?

Pediatric Malpractice Attorneys specialize is handling cases for children that are victims of medical malpractice.  It is a sub-specialty for the types of medical treatment that children receive, and the types of problems that tend to occur.  Of course, just like with medical treatment, a generalist malpractice attorney can handle many of these cases, but it is usually better to go with a lawyer that is more knowledgeable about this particular area.  A really good malpractice lawyer will know everything about the medical procedures for the case, almost as much as a doctor! Did you know that it could be malpractice for some orthopedists to treat children with broken bones?  That's because children have growth plates [...]

Psychological Injuries Lawsuits

Some psychological injuries are so severe that they can be as disabling as serious physical injuries.  When a careless or reckless act caused intense trauma, special arrangements must be made when pursuing a lawsuit.  This concept originated with “collaborative divorce,” where a psychologist becomes part of the team so that settlement discussions can stay on track.  With lawsuits that involved extremely traumatic events, this formula can also be applied, and a lawsuit for psychological injuries can be brought. Of course, any accident is traumatic.  Fearing for your life when you are hit by a car or slipping on water and breaking your leg are “traumatic events,”, but these accidents do not shatter the core of your [...]

The Psychological Impact of Bullying

Gone are the days when bullying was considered a “rite of passage” and parents whose children have been bullied are told things like “teach them to stand up for themselves” and that “boys will boys.”  We know now that bullying has serious has a serious lifelong impact on a child, and that it has been linked to the current rash of school shootings. While laws on the books are being strengthened, the enforcement of those laws is lagging behind.  It’s time to hold schools accountable for the harm due to the psychological impact of bullying o their students. According to National Voices for Equality, Education and Enlightenment (NVEEE)“Every 7 MINUTES a child is bullied. Adult [...]

THE PRISON INDUSTRIAL COMPLEX AND IT’S IMPACT ON CHILDREN

Prison conditions in the United States have the lowest standards compared to other highly developed countries, and the neglect and abuse in the for-profit prisons is worst of all.  Most alarming is the situation at Juvenile Detention Centers, where children as young as twelve years old are held.  Thankfully, there are inmate abuse and neglect attorneys bringing cases for these children throughout the country. In 2013, The Huffington Post , in the article “Prisoners for Profit”:reported: In 2001, an 18-year-old committed to a Texas boot camp operated by one of Slattery’s previous companies, Correctional Services Corp., came down with pneumonia and pleaded to see a doctor as he struggled to breathe. Guards accused the teen of faking [...]

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NEW YORK INMATE ABUSE AND NEGLECT ATTORNEY

Should I Hire a Construction Accident Attorney?2018-08-18T10:53:11+00:00

CONSTRUCTION ACCIDENT ATTORNEY

construction accident attorney

If you have been seriously injured while working at a construction site, the laws are complicated.  You are entitled to Workers Compensation, but you may also meet an exception to the law that bars lawsuits by employees against employers and you may also have a claim against a third party.  This is why you would benefit from hiring a Construction Accident Attorney to help you obtain compensation.

There are many claims to file for benefits, and possibly lawsuits to file against several entities.  Once a settlement is proposed you will also benefit from the advice of an experienced Construction Accident Attorney that knows how much your case is worth.  You should also know that a Construction Accident Attorney usually works on a contingency fee, so you don’t have to pay any money up front.  You certainly have nothing to lose by having a free consultation.

CONSTRUCTION ACCIDENT ATTORNEY

+718-261-8114

FREE CONSULTATION
NO FEE UNLESS WE WIN

What is New York Doing About Sexual Harassment in the Workplace?

What Is New York Doing About Sexual Harassment in the Workplace? wittenstein.com The effect of allegations of sexual harassment being brought to the center stage has rippled beyond courtrooms, into peoples’ homes, workplace, and now legislation. Starting on October 9th, all employers in New York state will be required to have a Sexual Harassment prevention policy that meets or exceeds the minimum requirements set by the law.  A written or electronic copy of the policy and annual training must also be submitted to all employees. Below you will find some of the other provisions of the updated sexual harassment law as outlined by Governor Cuomo: “All state contractors must submit an affirmation that they have a [...]

Limousines- Luxury Travel or Death Traps?

LIMOUSINES- LUXURY TRAVEL OR DEATH TRAPS? Many kids grow up dreaming that one day they would be rich and famous, traveling to red carpets in a limousine.  News of a limousine crash, leaving 20 people dead in its wake, is leaving us wondering how something so horrific could happen in a luxury vehicle.  On October 7th, a family hired a limousine to safely take them drinking at an Upstate New York Brewery. What seemed like a smart and sensible decision led to the deaths of 20 people.  How could something like this happen? Cheap Limousines Can be “Frankenstein” Monsters Surprisingly, many stretch limos weren’t originally manufactured to be limousines. An SUV, Station-wagon or other vehicle is [...]

Things To Do If You Have a Car Accident

Some people are lucky enough to have never had a car accident.  Car accidents are so common that it’s a good idea to know what to do should an accident occur.  It’s better to be prepared beforehand, so that you can protect both your health and your legal rights properly.  A Bronx Car Accident Attorney, Brooklyn Car Accident Attorney or a large firm handling cases throughout New York City can help you best if you follow the best immediate procedures after an accident. Call the Police It is important to always call the police after a traffic accident.  The person causing the accident may try to talk you into “not going through the insurance,” but it’s [...]

Common Personal Injury Cases

There are thousands of personal injury claims filed each year by injured people.  The purpose of these claims is to acquire compensation for the pain and suffering that’s a result of somebody else’s carelessness.  Many studies have shown that a woman accident attorney NYC is better able to relate to clients and also makes the strongest cases.  Unfortunately, there are not that many woman personal injury attorneys, so finding one can be a challenge, but it’s well worth the effort. Traffic Accidents Traffic accidents are the most common types of personal injury cases.  These accidents can happen in automobiles, limousines, taxis, Ubers, buses, trains, motorcycles and other types of vehicles.  Often they are caused by driver [...]

The Difference Between Sexual Harassment & Sexual Assault

 The Difference Between Sexual Harassment & Sexual Assault It seems as if every time we turn on the news, there’s another accusation about sexual harassment or assault that comes up. We are living in a time where behavior that was once minimized and brushed aside is now coming to public attention. People now feel emboldened to speak up and are encouraged by movements such as ME TOO to take a stand. As more offenses come to the public sphere and terms such as sexual assault and sexual harassment gain traction, knowing the difference between each becomes increasingly difficult. Below we break down the difference.   What is Sexual Assault? When people hear the term ‘sexual assault’ [...]

When Should I Call an Accident Lawyer?

So, you'd had some kind of an accident, and you're wondering, "Should I call an accident lawyer?"  Was I badly hurt enough to make a case worthwhile?  Was this somebody else's fault, or was it really mostly my own fault.  This article will guide you through when it might be a good idea to have a consultation with an accident attorney.  If you're still not sure, why not just call - if you don't have a solid case the lawyer will tell you. Let's start with traffic accidents, which are the most common.   Obviously, the accident must be somebody else's fault.  If you were driving, this would usually mean that you were "hit in the [...]

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CONSTRUCTION ACCIDENT ATTORNEY

When Can You Sue for Sports Injuries?2018-08-17T22:23:15+00:00

sports injuries lawyer

SPORTS INJURIES LAWYER

  1. When you play sports you “assume the risk” that you may be injured by the “inherent risks of the sport.” A sports injuries lawyer can explain how this relates to your particular sport.
  2. In order to sue for a sports injuries, it is necessary to prove that somebody else’s negligence or recklessness caused the injury.  An experienced sports injuries lawyer will know right away based on the facts at hand.
  3. For children, it could be that the coach, school or camp did not provide proper safety equipment, this claim would be more difficult for an adult, who would have to prove that they were not aware of the need for the equipment.
  4. Improper supervision is a claim for a child, but not an adult.
  5. For beginners of a sport at any age, lack of safety advice and improper coaching can give rise to a claim.  A sports injuries lawyer knows what types of advice and coaching are appropriate for various sports.
  6. A manufacturing defect in safety can give rise to a claim for product liability for a child or an adult.   An experienced sports injuries lawyer can research recalls and defects in equipment for you.
  7. Premises liability rests with owners of sporting fields and schools, who are liable for unsafe playing areas and for the conduct of their staff.

If you suspect that your sports injury may have been caused by negligence or recklessness, a free consultation with a sports injuries lawyer will help you sort this out.  At Sports Injuries Lawyer, Wittenstein & Wittenstein, we’ve been helping injured people for more than 60 years.  Please don’t hesitate to call if you think you might have a claim.

+718-261-8114

FREE CONSULTATION
NO FEE UNLESS WE WIN

What is New York Doing About Sexual Harassment in the Workplace?

What Is New York Doing About Sexual Harassment in the Workplace? wittenstein.com The effect of allegations of sexual harassment being brought to the center stage has rippled beyond courtrooms, into peoples’ homes, workplace, and now legislation. Starting on October 9th, all employers in New York state will be required to have a Sexual Harassment prevention policy that meets or exceeds the minimum requirements set by the law.  A written or electronic copy of the policy and annual training must also be submitted to all employees. Below you will find some of the other provisions of the updated sexual harassment law as outlined by Governor Cuomo: “All state contractors must submit an affirmation that they have a [...]

Limousines- Luxury Travel or Death Traps?

LIMOUSINES- LUXURY TRAVEL OR DEATH TRAPS? Many kids grow up dreaming that one day they would be rich and famous, traveling to red carpets in a limousine.  News of a limousine crash, leaving 20 people dead in its wake, is leaving us wondering how something so horrific could happen in a luxury vehicle.  On October 7th, a family hired a limousine to safely take them drinking at an Upstate New York Brewery. What seemed like a smart and sensible decision led to the deaths of 20 people.  How could something like this happen? Cheap Limousines Can be “Frankenstein” Monsters Surprisingly, many stretch limos weren’t originally manufactured to be limousines. An SUV, Station-wagon or other vehicle is [...]

Things To Do If You Have a Car Accident

Some people are lucky enough to have never had a car accident.  Car accidents are so common that it’s a good idea to know what to do should an accident occur.  It’s better to be prepared beforehand, so that you can protect both your health and your legal rights properly.  A Bronx Car Accident Attorney, Brooklyn Car Accident Attorney or a large firm handling cases throughout New York City can help you best if you follow the best immediate procedures after an accident. Call the Police It is important to always call the police after a traffic accident.  The person causing the accident may try to talk you into “not going through the insurance,” but it’s [...]

Common Personal Injury Cases

There are thousands of personal injury claims filed each year by injured people.  The purpose of these claims is to acquire compensation for the pain and suffering that’s a result of somebody else’s carelessness.  Many studies have shown that a woman accident attorney NYC is better able to relate to clients and also makes the strongest cases.  Unfortunately, there are not that many woman personal injury attorneys, so finding one can be a challenge, but it’s well worth the effort. Traffic Accidents Traffic accidents are the most common types of personal injury cases.  These accidents can happen in automobiles, limousines, taxis, Ubers, buses, trains, motorcycles and other types of vehicles.  Often they are caused by driver [...]

The Difference Between Sexual Harassment & Sexual Assault

 The Difference Between Sexual Harassment & Sexual Assault It seems as if every time we turn on the news, there’s another accusation about sexual harassment or assault that comes up. We are living in a time where behavior that was once minimized and brushed aside is now coming to public attention. People now feel emboldened to speak up and are encouraged by movements such as ME TOO to take a stand. As more offenses come to the public sphere and terms such as sexual assault and sexual harassment gain traction, knowing the difference between each becomes increasingly difficult. Below we break down the difference.   What is Sexual Assault? When people hear the term ‘sexual assault’ [...]

When Should I Call an Accident Lawyer?

So, you'd had some kind of an accident, and you're wondering, "Should I call an accident lawyer?"  Was I badly hurt enough to make a case worthwhile?  Was this somebody else's fault, or was it really mostly my own fault.  This article will guide you through when it might be a good idea to have a consultation with an accident attorney.  If you're still not sure, why not just call - if you don't have a solid case the lawyer will tell you. Let's start with traffic accidents, which are the most common.   Obviously, the accident must be somebody else's fault.  If you were driving, this would usually mean that you were "hit in the [...]

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SPORTS INJURIES LAWYER

Are You Looking for a Motorcycle Crash Lawyer?2018-08-09T15:08:38+00:00

motorcycle crash lawyerMOTORCYCLE CRASH LAWYER

If you’ve had a motorcycle accident, you need a motorcycle crash lawyer that knows motorcycle accident law inside and out.   Injuries are often severe and deaths are all too common, plus the laws are different for motorcycles than other types of motor vehicles.  Adding to the challenges, there is the perception that motorcyclists are daredevils that do not obey traffic laws.  Additionally, motorcycle cases are complicated, with some special laws and regulations that apply only to motorcycle accidents. We have been representing motorcyclists for more than 60 years, so we know everything about how to handle your case.

A motorcycle crash attorney can help you get your medical bills paid.  Motorcycle accidents are exempt from New York’s no-fault laws, so you can sometimes use your health insurance for treatment, something you cannot do for a car accident.  Exemption from the n0-fault law also enables victims of motorcycle crashes to sue the responsible party for injuries that do not meet New York’s threshold for “serious injury.”

If a motorcycle is struck by a truck or a vehicle from out-of-state, it is more complicated.  We have been representing cyclists for more than 60 years.  If you’ve been in a motorcycle accident, you need a motorcycle crash lawyer with this type of experience.

FREE CONSULTATION
NO FEE UNLESS WE WIN
2409, 2018

When Should I Call an Accident Lawyer?

By |September 24th, 2018|Categories: Car Accident Attorney, Car Accident Lawyer, Queens Accident Lawyer NYC, Queens Car Accident Attorney, Traffic Accidents|Tags: , , , , , , |0 Comments

So, you'd had some kind of an accident, and [...]

1908, 2018

10 Defensive Driving Tips

By |August 19th, 2018|Categories: Car Accident Attorney, Car Accident Lawyer, safety, Traffic Accidents|Tags: , , , , , |0 Comments

These 10 defensive driving tips will help you avoid [...]

908, 2018

HOW TO PREVENT SUMMERTIME ACCIDENTS

By |August 9th, 2018|Categories: Car Accident Attorney, Car Accident Lawyer, CHILDREN, Traffic Accidents|Tags: , |0 Comments

Summer is at full steam with everybody putting on their [...]

607, 2018

When Do You Need an Experienced NYC Truck Accident Lawyer?

By |July 6th, 2018|Categories: Injuries, Traffic Accidents, truck accidents|Tags: , , , , |0 Comments

If you’ve been injured in a truck accident, make [...]

1605, 2018

Everything You’ve Ever Wanted to Know About No-Fault

By |May 16th, 2018|Categories: Car Accident Attorney, Car Accident Lawyer, Insurance, Traffic Accidents, truck accidents, workers compensation|Tags: , , , , , , |0 Comments

QUEENS NO-FAULT ATTORNEY CAN HELP YOU GET YOUR MEDICAL [...]

3101, 2018

5 Things to Think about when Hiring a Queens Car Accident Attorney

By |January 31st, 2018|Categories: Forest Hills Personal Injury Attorney, Forest Hills Queens Injury Lawyer, Negligence Lawyer Queens, Queens Accident Lawyer NYC, Queens Car Accident Attorney, Traffic Accidents|Tags: , |0 Comments

TOP QUEENS CAR ACCIDENT ATTORNEY EXPLAINS HOW TO BE [...]

What Can I Do When My Child is Being Bullied at School?2018-07-29T19:56:11+00:00

Parents are very concerned when they ask, “My child is being bullied at school – what can I do?”  There is very much now that can be done, even when a school does not co-operate.  When you tell the school, “My child is being bullied at school,” you may not get much action.  It could be that the school is not aware of their responsibility – they may need to be educated!  There are strong Federal Laws and even stronger New York Laws that require schools to monitor for and eliminate bullying.  It is well-established that bullying can cause depression, anxiety and eating disorders – it can even lead to suicide.  If you know or suspect that your child is being bullied at school, the first step is to speak to the parents of the likely bully and the school.  If nothing is being done to eliminate the bullying, you may need an experienced Child Injury Attorney to help you.  See our blog article on bullying at school and call us for FREE CONSULTATION.

Our Accident Lawyer Blog

Here you will find a wealth of useful information for victims of negligence, property owners, and safety buffs.  Negligence is carelessness, and when that carelessness causes an injury, a cause of action for compensation can arise.  Learn what you can for yourself and when an accident lawyer can help you.  We respond quickly to all comments, and will gladly take your phone call if you have any questions.  Our phone is answered by a real live human being who will let you know when an attorney is available to speak to you, not just bleep you over to voicemail.  (Occasionally, if we are very, very busy, our voicemail might pick up, but we’ll call you right back.)

Learn how a top accident lawyer can show compassion for your situation and clearly explain all the options.  Please explore our blog and feel free to CONTACT US.

PERSONAL INJURY ATTORNEY

SERVING NEW YORK CITY, QUEENS, BROOKLYN, THE BRONX, STATEN ISLAND AND LONG ISLAND

FOR MORE THAN 60 YEARS

Alyce B. Wittenstein
Alyce B. WittensteinSenior Partner
From Car Accidents to Police Brutality, you can count on Alyce B. Wittenstein, Esq. to go the extra mile.

MY CHILD IS BEING BULLIED AT SCHOOL?

WHAT SHOULD I DO?

TAKE ACTION NOW
CALL WITTENSTEIN & WITTENSTEIN FOR A FREE CONSULTATION
YOU’LL BE GLAD YOU DID
What Can I Do If My Attorney Dropped My Case?2018-07-29T16:25:44+00:00

If your attorney dropped your case without thoroughly explaining the reasons, you should call another attorney to look into it.  There might be very good reasons why your case cannot continue, but sometimes an attorney drops a case because he discovers that he does not have the expertise or resources necessary to handle the case, and never should have taken it in the first place. So, if you are wondering, “What can I do if my attorney dropped my case,?” here are some answers.

COMMON VALID REASONS FOR AN ATTORNEY TO DROP A CASE

  1. The evidence reveals that the accident was not caused by a negligent party.
    • There is a credible witness that says the accident is mostly your fault (ie; you went through the light)
    • There is a video showing that the accident is your fault, etc.
  2. In a traffic accident, you did not meet the standard for “serious injury”

WHEN YOU SHOULD IMMEDIATELY CALL ANOTHER ATTORNEY IF YOUR CASE IS DROPPED?

  1. Letter or e-mail arrives dropping the case with no explanation – and your attorney does not provide a good one.
  2. Medical Malpractice – the Statute of Limitations is short, and the attorney drops your case right before a large investment for experts is necessary.
  3. Case Against the City of New York – short deadlines for filing, the attorney may not have enough experience with cases against The City.

WHAT CAN I DO IF MY ATTORNEY DROPPED MY CASE?

Instead of just wondering, “What can I do if my attorney dropped my case,?” get a second opinion. If your attorney dropped your case, we might be able to help you.  In our 60 years of practice, we’ve taken on many cases that other attorneys have turned away, helping people get justice.

Our Accident Lawyer Blog

Here you will find a wealth of useful information for victims of negligence, property owners, and safety buffs.  Negligence is carelessness, and when that carelessness causes an injury, a cause of action for compensation can arise.  Learn what you can for yourself and when an accident lawyer can help you.  We respond quickly to all comments, and will gladly take your phone call if you have any questions.  Our phone is answered by a real live human being who will let you know when an attorney is available to speak to you, not just bleep you over to voicemail.  (Occasionally, if we are very, very busy, our voicemail might pick up, but we’ll call you right back.)

Learn how a top accident lawyer can show compassion for your situation and clearly explain all the options.  Please explore our blog and feel free to CONTACT US.

When Should You Call an Employment Attorney?2018-07-27T19:08:38+00:00

Wondering whether you should call an Employment Attorney?  There are many different types of employment issues, and therefore different types of employment attorneys.  Here are some of the areas of practice for an Employment Attorney:

  • Employment Discrimination
    • Unequal Pay
    • Failure to Hire
    • Discriminatory Termination
  • Sexual Harassment/Hostile Work Environment
  • Employee Benefits
  • Worker’s Compensation
  • Workplace Safety

Before you meet with your Employment Attorney, you should put together all of the documents you have regarding your claim.  For example, if you have papers that show that you are getting paid less than others with similar jobs and qualifications, you should bring that with you.  If your boss has been sending you inappropriate e-mails, bring print-outs when you see your Employment Attorney.

EMPLOYMENT ATTORNEY ACCEPTS CONTINGENCY FEES FOR SOME CASES AND CHARGE HOURLY FOR OTHERS

You should be sure to ask your employment attorney what how they will be charging you for their services.  If they will be charging an hourly rate, make sure that they give you an estimate of how many hours will be required for your case.  Those hours can accumulate quickly if the litigation becomes hotly contested!  If you have a claim that is in the “public interest,” but there are no damages that can be collected, an employment attorney to help you locate the proper organizations to file with.

Wittenstein & Wittenstein Esqs

110-42 72nd Road
First Floor - FREE PARKING
Forest Hills, NY 11375
United States (US)
Phone: 7182618114
Fax: 718-263-4999
Email: law@wittenstein.com
Monday9:00 AM - 5:30 PM
Tuesday9:00 AM - 5:30 PM
Wednesday9:00 AM - 5:30 PM
Thursday9:00 AM - 5:30 PM
Friday9:00 AM - 5:30 PM
SaturdayAdditional Hours By Appointment
SundayAdditional Hours By Appointment

When Should I Call a Medical Malpractice Attorney?2018-07-26T21:16:40+00:00

Wondering whether you should call a NYC Medical Malpractice Attorney? If you suspect that a doctor’s mistake has caused you or a loved one harm, you should investigate whether there is a medical malpractice case.  There are many different types of cases that a NYC Medical Malpractice Attorney can handle, for example:

  1. Birth Injuries

  2. Failure to Diagnose

  3. Medical Mistakes

  4. Dental Malpractice

A New York City Medical Malpractice Attorney works on a contingency fee, which means that they must invest a tremendous amount of money in a case, and only get paid when there is a verdict or settlement.  There must be another doctor that is willing to testify that the original doctor made a mistake and substantial harm that was caused by the error.

A NYC MEDICAL MALPRACTICE ATTORNEY MUST PROVE LIABILITY AND DAMAGES

It is not uncommon for a person to be worse off or even die after a medical procedure.  This might not be the doctor’s fault.  There are risks associated with procedures that are expected, and as long as the patient was fully informed of the risk, and the doctor did the procedure correctly, there is no malpractice.  A doctor may negligently fail to diagnose a condition, which a doctor picks up, but if the delay in treatment did not cause any harm, there are no damages.  Sadly, once somebody is above a certain age, and there is limited life expectancy, it is very difficult to prove damages, so even if a mistake shortens or ends their life, it is usually not financially feasible to bring a claim.

MAKE SURE THE NYC MEDICAL MALPRACTICE ATTORNEY YOU CHOOSE HAS THE RESOURCES TO INVEST IN YOUR CASE

Sometimes inexperienced attorneys will sign up your medical malpractice case thinking they can settle without substantial litigation, as they might be able to do with a car accident or slip and fall case.  As soon as they find out that they will have to lay out $50,000-$100,000 to litigate the case to trial, or at least to jury selection, you get a letter in the mail dropping your case.  By this time the Statute of Limitations may be close, and you will have a very hard time finding a medical malpractice attorney to take your case.  Ask how many medical malpractice cases they have handled, and if they have the resources to invest.

DON’T LET THE ODDS DISCOURAGE YOU FROM CALLING A NYC MEDICAL MALPRACTICE ATTORNEY

Just because it’s not always possible to bring a lawsuit, doesn’t mean you shouldn’t call a Medical Malpractice Attorney for a consultation.

Wittenstein & Wittenstein Esqs

110-42 72nd Road
First Floor - FREE PARKING
Forest Hills, NY 11375
United States (US)
Phone: 7182618114
Fax: 718-263-4999
Email: law@wittenstein.com
Monday9:00 AM - 5:30 PM
Tuesday9:00 AM - 5:30 PM
Wednesday9:00 AM - 5:30 PM
Thursday9:00 AM - 5:30 PM
Friday9:00 AM - 5:30 PM
SaturdayAdditional Hours By Appointment
SundayAdditional Hours By Appointment

What Should I Do If I Find My Parked Car Damaged?2018-07-26T14:46:05+00:00

The law requires that drivers leave a note with name, address and contact information in a visible location if they hit and damage a parked car. It is considered a hit and run if one damages another’s property and leave without providing identifying information.  Unfortunately, in New York it is not usually the case that someone will leave a note after leaving an unattended parked car damaged.

If you find that your parked car is damaged, you have a choice whether or not to report the property damage to your insurance company.  If the damage is minor, you might decide to repair it yourself. This would allow you to avoid paying a deductible and decrease the possibility of your rates going up.  Should you decide to report the damage to your parked car, follow these steps:

  1. Call the police to file a report – If you decide to go through insurance to fix your car, they will ask for it. Calling the police is also beneficial because they may know of surveillance cameras in the area that could’ve captured the incident. Make sure to request the accident report and get the name and badge number of the officer.
  2. Take pictures of the damage – Note the location and time
  3. Look for any possible witnesses – Look around for any possible witnesses. Maybe there’s someone who saw what happened and could provide you with more information about the incident
  4. Call your insurance company to report the accident

 

When to Call a Car Crash Lawyer?2018-07-25T14:20:17+00:00

ARE YOU WONDERING WHEN TO CALL A CRASH CRASH LAWYER?

You should call a car crash lawyer if you are injured in an accident.  It might not be clear how serious your injuries are right after an accident, but an experienced car crash attorney can advise you about steps to take to preserve your rights.  For example, a car crash lawyer is likely to suggest that you take the ambulance to the hospital to be checked out – you could be in a state of shock and the injuries might be worse than you think.  A car crash attorney will also suggest that you file for “no-fault benefits” so your medical bills will be paid, because a car crash lawyer knows that the deadlines are short.  A car crash attorney will also recommend how to best handle your property damage claim, should there be damage to a vehicle.

WHAT TO DO BEFORE CALLING A CAR CRASH ATTORNEY

There are so many reasons to call an experienced car crash lawyer after an accident.  Here is the list of recommended steps to take:

  1. Check the physical condition of yourself and others in the car
  2. Get out of the car, if possible. and help others if necessary
  3. Call 911 for the police and ambulance
  4. Call your car crash lawyer for more advice

A call to your car crash attorney is always a good idea.  Car crash lawyers recommend calling as soon as possible so that they can provide the best advice for your particular situation.

ARE YOU LOOKING FOR A GREAT CAR CRASH LAWYER?

Car Crash Lawyers, Wittenstein & Wittenstein, will give you free advice from the scene of the accident, so you don’t have to guess at what to do.  There’s no reason not to call a car crash attorney after an accident, and the sooner the better.

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Monday9:00 AM - 5:30 PM
Tuesday9:00 AM - 5:30 PM
Wednesday9:00 AM - 5:30 PM
Thursday9:00 AM - 5:30 PM
Friday9:00 AM - 5:30 PM
SaturdayAdditional Hours By Appointment
SundayAdditional Hours By Appointment

Additional Hours by Appointment

What I Should I Do Immediately After a Car Accident?2018-07-21T14:16:20+00:00

QUEENS CAR ACCIDENT LAWYER NYC

SERVING QUEENS, BROOKLYN, THE BRONX, MANHATTAN, STATEN ISLAND AND LONG ISLAND

Queens Car Accident Lawyer, Wittenstein & Wittenstein has been helping victims of car accidents for over 60 years.  We know that even though more than six million car accidents happen each year, it still comes as a shock when it happens to you. It is an emotional and overwhelming time, but Queens Car Accident Lawyer, Wittenstein & Wittenstein is here to help. Below is a checklist of steps to take immediately following an auto accident:

1. Try to remain calm.
2. If you are injured, stay in your car unless it is unsafe to do so.
3. Wait for the police and medical help.
4. Record all witnesses’ names, addresses, and phone numbers, as well as those of any other drivers who were involved.
5. When giving your report of the events for the police report, be sure to confirm whether you were wearing a seatbelt.
6. If you are injured, insist on an ambulance ride to the hospital.
7. Obtain medical treatment immediately, even if you are unsure if you’ve been injured. Tell medical personnel everything that you feel might be physically wrong as a result of the accident.
8. Refrain from accepting legal referrals at hospitals.
9. Do not talk to insurance representatives until you have contacted a lawyer.

Of course, if you are visiting this page, you may have already been in a car accident. If this is the case, Queens Car Accident Lawyer, Wittenstein & Wittenstein can help you seek the justice and compensation you deserve. With over sixty years of experience and a uniquely personalized approach to legal services, we are confident that we can help. Simply call 718-261-8114, and we can be there to help you.

QUEENS CAR ACCIDENT LAWYERS

WITTENSTEIN & WITTENSTEIN

Wittenstein & Wittenstein knows it takes mere seconds for a car accident to change your life. You may have been lucky enough to walk away, but that does not mean you did not have severe medical bills that might still be piling up today. Combine that with the time you may have been forced to stay home from work while rehabilitating, and you have experienced a serious financial loss. Wittenstein & Wittenstein wants to help right this wrong.

Car crashes occur literally almost every second of the day in the United States alone. As you likely know if you are reading this web page, these car accidents, when not fatal, can cause injuries ranging from the minor to the incredibly severe. Wittenstein & Wittenstein understands that car accidents happen to just about everyone, and we want to make sure that you receive the compensation you deserve for the injuries you have sustained, no matter how small or large. If you have been injured in a car accident and believe you may be eligible to file a lawsuit, contact us at 718-261-8114 or law@wittenstein.com so we can help you determine what your options are and figure out the best next step for you to take.

What is No-Fault? Simply put, it is a type of insurance that covers certain risks regardless of who is at fault when an accident occurs. If you are involved in an accident where you are not at fault, your own insurance must pay for your medical bills. The “No-Fault” name is based on the idea that even though, for example, someone else rear-ended your car while you were stopped at an intersection, your own insurance carrier is the party who must pay the fees for the ambulance, hospital, rehabilitation, and any other medical needs stemming from the incident. This may even extend to financial losses resulting from the injured party’s inability to go to work. However, it is the primary goal of No-Fault insurance to make sure that your health is taken care of without consideration to who is responsible for the accident.

It is important to remember that No-Fault insurance does not cover vehicular damage, only medical bills. Instead, it is the party at fault who may be legally held responsible for paying to fix your vehicle. Additionally, keep in mind that No-Fault has its limits: policies are only required to pay up to $50,000 for legitimate losses.

QUEENS CAR ACCIDENT LAWYERS

WITTENSTEIN & WITTENSTEIN

The following is important information you should know about the way No-Fault works in New York State:

  • In order to qualify for No-Fault benefits, you must file a No-Fault application (form NF-2) with the insurance carrier of the car you were in.
  • If you were a pedestrian, you should send the No-Fault application form to both the insurance carrier of the car that hit you and the insurance carrier of a car that you own (if you own a car).
  • No-Fault does have time constraints. If you are in an accident, it is especially important to file for the No-Fault Application immediately. You have thirty (30) days from the date of the auto accident to file the form.
  • Don’t put it off thinking that your injuries may get better or that your health insurance will cover the accident. Filing the application does not obligate you to commence a claim. Most health insurance does not cover personal injury resulting from a car accident, so filing the form is a matter of protecting your rights.
  • Make sure that you send the form to the correct insurance company. Even if the accident was the other car’s fault, the No-Fault Application gets sent to the insurance carrier for the car you were in.
  • If you have difficulty getting information from an uncooperative driver, get a copy of the police report. This should have a three digit code which will tell you the insurance carrier. If you still cannot find the insurance company, the new regulations do allow you to provide written proof of a “clear or reasonable” reason for missing the deadline. However, the insurance company is the party that decides if your reasons are sound, so it is not wise to bank on a late application being successful.
  • Send a notice right away to the New York State Motor Vehicle Accident Indemnification Corporation (MVAIC) if you are having trouble filing. MVAIC is a state run agency which steps into the shoes of the insurance company where there is no insurance. If you find out the identity of the insurance company after you file with MVAIC, you may always withdraw your claim. However, much like insurance companies, MVAIC will not pay without a fight.
  • If you are claiming lost earnings and out of pocket expenses, save all your receipts for car service, personal assistance, etc. and make sure that your employer sends in proof of your wages, disability and loss of income within ninety (90) days of the accident. Under No-Fault you are entitled to receive 80% of your accident-related lost earnings up to $2000 a month paid over a maximum of three years.

If you have any questions or concerns regarding No-Fault regulations and believe you may be eligible to file under No-Fault, please contact us at 718-261-8114 or law@wittenstein.com so we can best assess your options and help you plan your next step.

Our Accident Lawyer Blog

Here you will find a wealth of useful information for victims of negligence, property owners, and safety buffs.  Negligence is carelessness, and when that carelessness causes an injury, a cause of action for compensation can arise.  Learn what you can for yourself and when an accident lawyer can help you.  We respond quickly to all comments, and will gladly take your phone call if you have any questions.  Our phone is answered by a real live human being who will let you know when an attorney is available to speak to you, not just bleep you over to voicemail.  (Occasionally, if we are very, very busy, our voicemail might pick up, but we’ll call you right back.)

Learn how a top accident lawyer can show compassion for your situation and clearly explain all the options.  Please explore our blog and feel free to CONTACT US.

Queens Car Accident Lawyer Wittenstein & Wittenstein get great results and provides great service.

  • Claudine Arnow. Client
Why is my Personal Injury Case Taking SO LONG?2018-07-19T12:33:10+00:00

PERSONAL INJURY CASE TIME FACTORS

Your personal injury attorney should fully explain why your case is taking so long.  There are many legitimate reasons why a personal injury case takes the time it takes, but if your attorney cannot explain why your case is still pending, you might want to consider changing lawyers.  Some law firms sign up more cases than they can handle, and it is possible that your case is sitting in a file cabinet overlooked, don’t be shy about requesting an update.

These are the factors that will impact the length of a personal injury case:

  1. Insurance Coverage
  2. Length of Treatment
  3. Policies of the Insurance Company
  4. Liability
  5. Quality of Medical Reports
  6. Seriousness of Injuries
  7. Type of Case
  8. Intangibles

INSURANCE COVERAGE AND YOUR PERSONAL INJURY CASE

The minimum policy limits for automobile liability insurance coverage in New York are 25/50.  This means that the most that can be paid out is $25,000 per person and $50,000 per incident. So if you were seriously injured, the only person injured in the accident and it was clearly the fault of the other car, your case can be settled very quickly. The insurance company will likely “tender” their policy to you, which means that they will pay out their entire policy.  Under the circumstances, it would be “bad faith” if they did not. Unfortunately, although your case is settled quickly, you will not be able to get very much money.

Let’s say you had the same serious injuries and good liability, but the other vehicle was a truck with $1,000,000 in coverage.  Here’s where you don’t want to rush. Sure, you COULD settle this case quickly, but that wouldn’t be the best way to handle it. With only $25,000 to collect, the case can be settled before you are even finished with treatment, but with more money to collect, it wouldn’t make sense to even try to settle the case before treatment is complete, as medical treatment is “damages” that increase the value of your case.  Here’s where we want to hold out for a good settlement and litigate if one is not offered. This is going to make the case take much longer, but it’s well worth it.

LENGTH OF TREATMENT AND YOUR PERSONAL INJURY CASE

More serious injuries usually mean lengthier treatment.  Client’s sometimes ask why their case is not settled when they are actively getting medical treatment or they are still unable to work.  It’s not possible to know the value of the case until treatment is complete, and trying to settle a case at that point would be selling it short.  For example, if injuries cause you to be out of work for a year and half, your case can’t be settled for at least a year and a half (assuming there is ample insurance coverage.)  On the other hand, a case with minor injuries that requires little treatment can be settled sooner, but will not yield as high a settlement. The important thing to ask an attorney is the reason why the case is taking whatever time it’s taking – you should be sure it’s not just sitting in the file cabinet because they are too busy with other cases.

INSURANCE COMPANY POLICIES AND YOUR PERSONAL INJURY CASE

Some insurance companies have a policy of wanting to make fair settlements quickly.  They have a team of claims representatives that follow up on their caseloads and answer calls from attorneys.  You can send them a medical package which they will review in a timely manner and then they will make an offer in a reasonable amount of time.  If the offer is not acceptable, a lawsuit can be commenced. There actually are companies this good – one of the best has some funny animal commercials.

Other insurance companies don’t want to settle cases.  They have few claims reps and they don’t bother to return calls.  They ask for 60 days to review medical records. They make lousy offers to settle cases.  Attorneys know which companies these are and know that lengthy litigation is going to be necessary.  Some attorneys won’t even accept cases if they know they are with certain insurance companies! If you case takes a long time because it’s with against an insurance company that doesn’t actively settle cases, it’s not your attorney’s fault.  It doesn’t matter is your Aunt Jean got a lot of money really quickly with a case against a “good” insurance company.

LIABILITY AND YOUR PERSONAL INJURY CASE

If you have a police report that shows says you were hit in the rear by a drunk driver that was texting, there will likely be no dispute about liability.  This speeds up the case as the only discussion is damages. On the other hand, if the other guy went through a light, but is claiming that you went through the light, it might be necessary to litigate the case through depositions before being able to settle it.  This is frustrating when you saw the other guy go through the light, but that’s what courts and judges are for. Depositions cannot be held until both sides have exchanged documents and after several conferences in court. This case is not going to be quick to get full value.

QUALITY OF THE MEDICAL REPORTS AND YOUR PERSONAL INJURY CASE

If you treat with high quality medical providers that are knowledgeable about how to produce reports for accident cases this is helpful for a faster settlement.  Medical reports that are scribbled and not comprehensive give claims adjusters little to “hang their hats” on when asking for “authority” to put money on your claim.  That’s when an insurance company may want extensive litigation if you are looking for a large settlement. They will want to hear your testify in a deposition and send you to their doctors for an examination.  Good quality medical reports will speed up a settlement.

SERIOUSNESS OF INJURIES AND YOUR PERSONAL INJURY CASE

Assuming there is coverage, it will take time to build up to an excellent settlement amount on a serious case.  This is the type of case where lengthy litigation can improve the final settlement. You want the insurance company to know that you are willing to go to trial if they don’t come up with enough money.  Even though most cases are eventually settled, with very serious injuries you want to prepare the case for trial, even settle on the eve of trial. This can take years, but it’s worth it.

DIFFERENT TYPES OF PERSONAL INJURY CASES, TAKE DIFFERENT AMOUNTS OF TIME

Auto accident cases have a “serious injury threshold” that must be met.  With smaller cases, it’s important that there is at least enough treatment to meet this threshold, which often means treatment for a minimum of three months.  Other types of cases do not have this threshold. For example, if you fall in a supermarket and go to the doctor and have a sprained ankle that heals quickly, your case might be settled very quickly.  A food poisoning case could be quick because there is little treatment once the problem subsides. Product liability and malpractice cases will always take a long time as experts must be hired and complicated investigations must be carried out.

INTANGIBLES IMPACTING THE LENGTH OF A PERSONAL INJURY CASE

The insurance company denies payment for your surgery as not “medically necessary,” and the doctor arbitrates this denial.  It can take over a year to get a decision. It is prudent to wait for the decision as the surgery is an important part of the damages in your case and having an arbitration decision that it was indeed medically necessary is important for your case.

The insurance company transfers your claim to a new claims rep who must now review your entire file from scratch.  This can add months to the time it takes to settle the case. The insurance adjuster goes on an extended vacation or family leave and there is nobody to discuss your claim.  Of course, the litigation can continue, but the case cannot be settled unless there is a claims rep to discuss it with.

There are many reasons why cases take the time they do to settle.  The most important thing to remember is that it is your attorney’s job to explain why YOUR case is taking the time it’s taking.  If you are in the dark, you don’t have the right attorney.  If your attorney cannot fully explain why your case is taking so long, consider changing attorneys.

Why Can’t I Get a Personal Injury Lawyer to Take My Case?2018-07-19T12:31:47+00:00

PERSONAL INJURY LAWYERS AND CONTINGENCY FEES

Most personal injury cases are handled with a contingency fee.  This means that the personal injury lawyer is laying out the money to prosecute the case, only getting paid when there is a settlement or a verdict.   For example, if you are involved in a car accident where the other car went through the light, but the other driver is lying and saying you went through the light.  If you are seriously injured, an attorney is likely to be willing to take your case and fight to prove that the accident was the other driver’s fault, but if you have minor injuries and little medical treatment, it wouldn’t be worth it.  On the other hand, if you are hit in the rear by a drunk driver and your injuries don’t seem serious at first, a lawyer might take this case and follow your treatment to see how quickly you heal as it is likely you will be able to collect something with full liability.  That said, it’s always worth it to get a free consultation from a personal injury lawyer to see if they will take the case.  At Wittenstein & Wittenstein we will always take the time to speak with you, and if we can’t take your case, you will completely understand exactly why.

MEDICAL MALPRACTICE

Some types of personal injury cases require a very large investment in time and money, so these cases need to be a “slam dunk” on both liability and damages before an attorney will be willing to make an investment.  The most frustrating scenario for clients is usually with medical malpractice cases, especially when there is ample evidence that the doctors did something wrong.  For example, the doctors did not use the proper procedures at the hospital for a 100-year-old woman, and the woman sadly passed away as a result.  It would still be necessary to hire medical experts (doctors) to prepare testimony, which can cost $10,000-$20,000 at a minimum.  The life expectancy of a person that is 100 hundred years old is zero, and there are obviously no lost earnings, etc.  The problem is that it would cost more to prosecute the case than what can be collected in damages.  Another example of a situation where there are not enough damages to prosecute a medical malpractice case is a young healthy person has a procedure that the doctors does wrong, but a second procedure can fix the problem, and the person recovers completely.  Here, even if it easy to prove that the doctor’s fault, there is not enough money to collect to make back the investment.  If a medical error is egregious and it is not practical to bring a malpractice case, there are sometimes other ways of getting justice.  A complaint can be filed with the Department of Health or the Human Rights Commission.  These non-profit governmental organizations have funding to prosecute in the public interest and can prosecute health care providers, taking away licenses and issuing fines.

DEFAMATION

Another type of case that is very expensive to prosecute is defamation.  Let’s say a small daycare provider to harassed by somebody calling them a “child molester” which is clearly injurious to their reputation.  Defamation cases are usually not taken on a contingency fee, so it would cost the claimant $300-$400 an hour to pay an attorney to represent them.  It would take years to prosecute this case and meanwhile there is little that could be done to protect the reputation of the daycare.  It would be necessary to prove “damages” in the form of lost earning to the daycare, and a small daycare might not be able to survive this loss long enough for the case to be resolved.  A more effective way to handle this might be to file a criminal complaint for harassment.  If the perpetrator is arrested and convicted of harassment, parents can be advised that the allegations were baseless and in fact, the person making them was arrested for harassment.  This would be a more practical way to put a stop to the defamation and protect the business.

DISCRIMINATION

Housing discrimination is another area where public interest organizations can be more effective than a private lawsuit.  New York City’s anti-discrimination laws are very strong, actions can be brought under Federal Law, New York State Law and New York Law.  For example, if you are discriminated against because of race and not shown an apartment by a real estate agent, but you find another apartment the next day.  Even if you can prove the discrimination, there are no damages because you like the apartment that you rented, it’s just as nice as the one you were not shown.  No attorney would take this case on contingency as there is little to no money to collect and nobody’s going to lay out $300-$400 an hour which they will not get back just to make a point.  The solution here is to file a complaint with the New York City Commission on Human Rights, where the lawyers are paid with tax dollars and donations to prosecute discrimination even if there is no money to collect.   There is great protection against many types of discrimination including “families with children,” and transgender persons.

WHAT TO DO IF YOU THINK A PERSONAL INJURY LAWYER WILL NOT TAKE YOUR CASE

There are many more examples of situations where the cost of the case outweighs what is likely to be collected, but it’s not necessary for you to make this determination yourself.  If it’s always worth it to have a free consultation with a personal injury attorney any time you suspect you might have a case.  The personal injury attorney might be able to suggest another remedy, such as a public interest organization or the police.  At Wittenstein & Wittenstein we will go out of our way to help you even if don’t have a case that we can handle for you, so don’t be shy about contacting us.  Call 718-261-8114 for a free consultation any time you think you might have a case.

What Happens If I Get Into an Accident While Driving a Company Car?2018-07-17T16:22:19+00:00

Although you should generally always follow these steps after a car accident, if you get into a car accident while driving a company car, what happens next largely depends on whether or not you were driving the car while in the course of employment. It is important to note that commuting to and from work typically is not considered as being in the course of employment.

Regardless of who may be at fault, as long as you were not involved in reckless or criminal behavior while operating the company vehicle, you should be able to process a worker’s compensation claim. Worker’s compensation will pay for your medical bills, lost earnings, and will reimburse for any other costs related to getting medical treatment.

If the accident is caused by a negligent driver you will be able to process a bodily injury claim against that driver’s liability insurance. This will account for pain and suffering you went through as a result of the accident. If you are at fault for the accident, you and your employer typically is seen as liable under the legal doctrines of respondeat superior. The commercial liability policy held by the employer would pay out third party damages and will also offer protection if any personal lawsuits are brought against you.

If you are not in the scope of employment at the time of an accident in a company vehicle, the commercial insurance policy may not come into play. This can be particularly challenging if you are at fault for the accident.

If involved in an accident in a company car due to another’s negligence, it is important to reach out to a personal injury attorney as soon as possible. An attorney can help see to it that you receive fair recovery for your bodily injury claim, and that your workers compensation claim proceeds smoothly. Having an attorney can especially be helpful when trying to understand the implications of a contract you may have signed regarding use of the company vehicle, prior to the accident.

What Should I Do If I Get Into an Accident While Out-of-State?2018-07-19T12:32:37+00:00

If you get into an accident while out-of-state, follow the same steps you would take if you were involved in a car accident in your home state. Your insurance coverage follows you wherever you go within the United States, so you can be assured that your New York State No-Fault Benefits will cover your medical bills regardless of who is at fault.

Things can get a bit tricky when it comes to pursuing recovery through a bodily injury claim when in an out-of-state accident. Your personal insurance will adjust to at least meet the minimum coverage requirements of the state where the accident occurred. For example, if you’re a New York resident and have the minimum coverage (25/50/10) and are then involved in an accident in Maine, your policy would adjust to Maine’s minimum of 50/100/25.  This is great for the other driver/pedestrian if you are at fault for the accident. However if you’re pursuing a bodily injury claim because of the other driver’s negligence, your claim can be limited by that person’s insurance coverage which can be drastically lower than New York’s minimum (New Jersey’s minimum is 15/30/5). You are also subject to that state’s law, including their statute of limitations and must meet the threshold set by that state. A New York State attorney can still represent you but only an attorney from the state in which the crash occurred can file a suit if a settlement cannot be reached.

If you find yourself if an accident while out-of-state, contact NYC Personal Injury Attorney, Wittenstein & Wittenstein right away. We have over 60 years of experience in dealing with these types of cases. Call 718-261-8114 to schedule a free consultation today.

 

What Should I Do If I Get Into an Accident in a Rental Car?2018-07-19T12:32:14+00:00

If you are involved in a car accident with a rental car, you should follow the same initial steps as you would if involved in an accident with your own car:

  • Get your bearings and check to see if everyone is okay- If possible pull over safely to move out of the way of oncoming traffic. Confirm that all of your passengers are generally okay. If someone is badly injured do not attempt to move them, as this can result in further injury. Instead, wait for emergency medical services to arrive to the scene.
  • Call 911-this is especially necessary if someone is seriously injured, if there is significant property damage, and/or if there is a death.
  • Get the information of all other drivers involved- Make sure to get the name, address, number, insurance company and license plates of all of the other driver. If possible, take pictures of all of this information.
  • Write down names and numbers of witnesses- this can be especially helpful later on if you decide to pursue a claim
  • Gather all other information pertaining to accident- Note the weather and traffic condition and make sure to take pictures the scene and of all property damage
  • Take the ambulance to the hospital it is best to make sure everything is okay- though you may not feel pain right away it does not mean that you’re not injured

In addition, you must contact the rental company to report the accident. Most rental companies have a phone number to call in the case of an emergency- typically left in an easily accessible location like the glove department.

Figuring how to file a claim with insurance can be quite confusing when dealing with a rental company.  To better understand all options available to you and know the  proper course of action to take, it is best to contact a NYC personal injury attorney. 

How Do My Medical Bills Get Paid If I am Hit by a Car?2018-07-19T12:31:48+00:00

New York City No-Fault Lawyers know how to get your bills paid when you are hit by a car.   If you have insurance information for the car that hit you, your medical bills will usually be paid by the insurance company for that vehicle under their “no-fault” coverage.  If you were working when you were hit, you might be covered under workers compensation insurance.  If you are not working, and the accident was a “hit and run,” you will be covered under your own insurance policy, or the policy or a car owner in your household.  Your own insurance or household insurance will also cover you if the car that hit you does not have valid insurance.

https://www.wittenstein.com/acdident-lawyer-nyc-areas-of-practice/queens-car-accident-lawyers/

https://www.wittenstein.com/queens-pedestrian-accident-attorney/

https://www.wittenstein.com/no-fault-attorney-in-queens/

New York City No-Fault Lawyers – Helping People Hit by Cars

What Do I Do If They Tow My Car To a Shop After an Accident?2018-07-19T12:40:37+00:00

Queens Property Damage Attorneys

We know that you need to get your car out of storage as soon as possible.  The shop doesn’t care why your car is there, they will charge you storage for every day it stays there.  If you have full coverage on your vehicle, you might be able to get it inspected and repaired at the shop quickly.  If you don’t have full coverage, you still might be able to get it inspected and repaired quickly, if the police report clearly gives all the fault to the other vehicle.  If you have a car accident, never leave your car in storage, you will be responsible for the storage charges and will not be reimbursed.

If you don’t have full coverage and/or the police report does not attribute 100% liability to the other vehicle, you need to get your car out of storage.  If it’s drivable, get it right out.  If it’s not drivable and probably totaled, you should get an estimate, take pictures and junk it.

Queens Property Damage Attorneys will help you get money to get your car fixed.   For more information about property damage and car accidents, call Wittenstein & Wittenstein for a FREE CONSULTATION.

Should I Call the Insurance Company After an Accident?2018-07-19T12:52:05+00:00

If you are wondering, “Should I call the insurance company after an accident,?” the answer is yes and no.

You are required to notify your insurance company after an accident.  If you hire an attorney, the attorney can report the accident for you.  Failure to report an accident to your own insurance is a policy violation, putting your coverage at risk.  Failure to report an accident could result in the insurance company denying your entire claim, including defending you in a lawsuit brought against you.

You do not have to, and generally should not contact the other driver’s insurance company.  NEVER give a recorded statement to the other driver’s insurance company.  This is much better handled by an attorney, especially if you are injured.  Any information you provide to the other insurance company can and will be used against you if you bring a claim.  They might ask you about your injuries, which may not have been fully diagnosed, and will use that information to minimize your claim.  It might be tempting to try to settle your property damage claim directly with the other car’s insurance company.  This might be a good idea if the police report clearly puts the fault on the other car, but if the liability is not crystal clear, you could be jeopardizing both your property damage and personal injury claims by speaking to the insurance company.

The safest thing to do is have a consultation with a Personal Injury Attorney before contacting the insurance company.  So, if you are wondering, “Should I call the insurance company after an accident,” call a lawyer.  This way you will be sure that you are doing the right thing in your particular circumstances.

For more information, read the articles below:

Car Accidents

When you’re injured in a car accident – don’t refuse the ambulance!

 

What Should I Do If I Have a Bicycle Accident2018-07-19T13:33:08+00:00

WHAT SHOULD I DO IF I HAVE A BICYCLE ACCIDENT?

If you are wondering, “What should I do if I have a bicycle accident,?” you should call a bicycle accident attorney for advice for your particular circumstances.  Bicycle Accidents are complex.  Insurance coverage for bicyclists is tricky.

BICYCLE ACCIDENT MEDICAL BILLS

Your no-fault benefits should be paid by the car that hit you.  If that vehicle was uninsured, and you have a “car in your household,” the no-fault benefits will be paid by your insurance company (who is not allowed to raise your rates due to this type of claim.)  If there is no insurance at all, there is a state fund called MVAIC that will pay benefits.

BICYCLE ACCIDENT INJURY CLAIMS

Your primary bodily injury claim will be against the vehicle that hit you.  If that car has no insurance, you will have an uninsured motorist claim against your own company (car in the household.)   If there’s no car in the household, MVAIC will cover the loss.

For more information, see our article on Bicycle Accidents.

REQUEST FREE CONSULTATION

Alyce Wittenstein has been working on personal injury law cases for over 30 years. She began working as a paralegal for my father, Frederick M. Wittenstein, Esq. in 1988. In 1995 I went to CUNY Law School and was admitted to practice in 1999. In 2000 the name of the firm was changed to Wittenstein & Wittenstein, Esqs as it is today. Now she works with a staff of wonderful paralegals and of-counsel attorneys to bring clients not only the best outcomes, but also the best experience possible during the process.

Can I Sue My Boss For Asking Me Out on a Date?2018-07-19T12:29:25+00:00

Sue your boss for harassment? If your boss asks you out on a date, you say “no,” and that’s the end of it, probably not.  There is no law prohibiting your boss from simply asking you out on a date.  On the other hand, if your boss asks you out on a date, you say “no,” and things change in the workplace, then it might be sexual harassment.  Let’s say that after you turn him down for the date, you notice that you are being overlooked for overtime and promotions.  That’s against the law, and action should be taken.  With the same scenario, he doesn’t take no for an answer and keeps asking you out after you’ve clearly and decisively turned him down.  That’s sexual harassment.  It’s a “hostile work environment” when you are constantly plied with requests for dates!  What must be established is that there is a “pattern” of treatment that creates a “hostile work environment.”

Let’s say this boss that asks you out is your manager at a large company.  If isn’t taking no for an answer, the next step is to report the situation to upper management or to the Human Resources Department.  This complaint should be in writing.  Upper management is responsible for making sure that there is not a hostile work environment for employees.  They should reach out to your boss about the complaint and make sure it never happens again.  If, after you’ve made the complaint, the behavior continues, there is an actionable claim against the business.

For more information, see our articles:

Call us for a FREE CONSULTATION at 718-261-8114 – you’ll be glad you did!

 

What is No-Fault Insurance?2018-07-19T13:37:16+00:00

No-Fault insurance is a term that is commonly used to refer to “first party” benefits that are available to pay for medical bills, lost earnings and some out-pocket-expenses for traffic accidents in New York.  New York is a mandatory “no-fault” state so there is always some type of coverage if you are in a traffic accident, (unless you were working for an employer, then Worker’s Compensation will pay similar benefits.)  In most cases, an application for no-fault insurance coverage must be filed within thirty days of the accident, but there are some exceptions.  You cannot choose to use your health insurance instead, and you must treat with medical providers that accept no-fault rates.  There are no co-payments, so that’s a plus over using health insurance that people like.  You will need to attend Independent Medical Examinations (IME’s) with the insurance company and eventually the benefits will be cut off.  Many doctors are willing to hire lawyers to arbitrate these cut-offs so that you can treat longer if necessary.

If you are a driver or passenger in a vehicle, the no-fault insurance for the car you are in will be primary for no-fault benefits.  If there is no insurance on the car, the passenger can apply through their own car or a car “in their household,” or with MVAIC, but the driver is “out of luck” when driving a car with no insurance.  For pedestrians and bicyclists  the car that hit you is primary, then your own insurance or household insurance, then MVAIC.  There is no no-fault insurance coverage for motorcycle riders.

For more information see our article, “Everything You’ve Ever Wanted to Know about No-Fault”

What Should I Do After a Car Accident?2018-07-19T12:28:11+00:00

What Should I Do After a Car Accident?

If you are wondering “what should I do after a car accident,?” here are some simple steps:

  1. Check the medical condition for yourself and all occupants of the vehicle.
  2. Call 911.
  3. Use your phone to take a photo of the other driver’s identification, insurance information and phone number.
  4. Get the names and numbers for witnesses, if any.
  5. Take pictures of the scene and both vehicles.
  6. Take the ambulance to the hospital with all occupants.
  7. Call Wittenstein & Wittenstein at 718-261-8114.  It’s a good idea to keep your lawyer’s card in your wallet in case you have an accident.

At Wittenstein & Wittenstein we are experienced in handling all types of Traffic Accidents: Drivers and Passengers, Taxi, Uber and Lyft Drivers and Passengers, Pedestrians, Bicyclists, Motorcycles, Trucks, Boats, Planes, Busses, etc.

We Serve all of NYC – Queens, Brooklyn, Manhattan, The Bronx and Staten Island, plus Nassau County, Long Island and Westchester.

MORE DETAILED INFORMATION ABOUT TO DO AFTER A CAR ACCIDENT:

Are Women Attorneys Better for Personal Injury Cases?2018-07-19T13:46:48+00:00

ARE WOMEN ATTORNEYS BETTER FOR PERSONAL INJURY CASES?

If you are wondering, “Are women attorneys better for personal injury cases,?” the answer is yes.  Most women (and men) feel more comfortable discussing their injuries and health concerns with women, who tend to listen more carefully and be more empathetic.  Woman are also better negotiators because they are not as belligerent.  Women tend to be more patient with client concerns and litigation, and more grounded when discussing settlements.

Working in New York City or any other city in the world comes with its own benefits and advantages as well as with its risks and problems. One thing that is easily (and sometimes not-so-easily) noticeable is that when it comes to the ratio of benefits to risks and problems, men have more benefits and are likely to suffer from fewer problems than women. This can be accredited to the fact in most organizations, men are more revered and hold more prestigious positions than women. Women have to swim through rivers and seas to get the amount of respect and opportunities which men don’t even have to jump over puddles for.

ARE WOMEN ATTORNEYS BETTER FOR PERSONAL INJURY CASES?

YES

Apart from being denied equal respect and promotion opportunities solely because of their gender, a lot of women also receive less human rights compensation at their places of work. When women are victims of accidents at work and get inflicted with a personal injury, they aren’t always well compensated. They are given less than they deserve and it takes the threat of a lawsuit, or an actual lawsuit and trial, before a woman is awarded the compensation which she deserves.

Also, too many times, women are regarded as objects of sexual satisfaction and far too often, they are victims of sexual harassment. Many instances of sexual harassment are not explicitly violent. In this case, they can be as subtle as some sexist comments, or mildly physical like a tap on the butt or grabbing of sensitive body parts. Actions like this cause woman to fear for their safety. When they go and lodge a complaint at the Human Resource Management department, they are usually shushed or told to overlook it.

When the sexual harassment does get physical and leads to situations like rape, women are usually paid “hush money”, and are bullied into silence. This does not have to go on, as women also deserve justice for unfair treatment. If and when women finally decide to take these cases to court to demand justice for sexual harassment or for compensation for work accidents and a personal injury, they have a very important decision to make. This decision is choosing an attorney, and most women have found out, their best bet is to go with a woman attorney.

A woman lawyer is better at handling cases like this and an array of other cases for a number of reasons. For one, women are compassionate and highly emphatic. Women everywhere go through almost the same thing (in the case of sexual harassment and being denied equal employment opportunities), so it is very easy for a female attorney to sympathize with your cause and know how well to handle and ultimately win the case. She won’t be as unreasonable or abrasive as a male attorney would be. She isn’t just in it for the short term win or personal interest, she will take the time to listen to your issues, and note what your needs are.

Women are seen generally as being more reasonable, less combative, and fairer than men. It is for this reason that their delivery has the ability to effectively sway the jury, judges, and even the opposing counsel in a way that a man’s delivery can’t. A woman lawyer is also skilled at maximizing the perception of the juror to the advantage of their clients. They do this by appearing trustworthy and warm, thereby reminding the jurors of the women they have in their own lives.  In the eyes of the juror, a female attorney’s drive for justice is capable of forming a special connection, and this can’t be gotten with male attorneys.

A woman attorney, as earlier stated, is the best option for you when it comes to harassment and personal injury issues in the workplace. During the course of the trial, as you watch how she carries herself with so much poise and composure, you will be inspired and learn a thing or two about not being pushed around. Be sure to keep an eye out for an attorney with good reviews and impeccable recommendations, and watch her squash the case, and get you the money, justice, and compensation you deserve.

What is an Accident Attorney?2018-07-20T23:17:54+00:00

NEW YORK CITY ACCIDENT ATTORNEY

QUEENS, BROOKLYN, MANHATTAN, STATEN ISLAND AND THE BRONX ACCIDENT ATTORNEY

what is an accident lawyer

If you are wondering “What is an accident attorney,?” the answer is not so simple as there are many titles used for lawyers handling accident cases.  An accident attorney is a type of personal injury lawyer, representing people that claim to have been injured, physically or psychologically, from the negligence or fault of a person, a company, a government agency. Even though personal injury lawyers are train